Loading...
HomeMy WebLinkAboutCSD-11-058 - Addendum to Victoria St N Mixed Use Corridor Zone changeStaff Re vrt I~ITCHl~1~TE~ X011117]unrtySer~i[eSDepQr~menlt w~+w.kitthenerca REPORT TO: Mayor Zehr and Members of City Council DATE OF MEETING: April 18, 2011 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2319 PREPARED BY: Heather Holbrook, Planner (Urban Design), 519-741-2324 WARD(S) INVOLVED: 10 DATE OF REPORT: April 13, 2011 REPORT NO.: CSD-11-058 SUBJECT: Modification to Proposed Zoning By-law Amendment Victoria Street North Mixed Use Corridor ZC09/06/COK/HH RECOMMENDATION: That the recommendation of the Planning and Strategic Initiatives Committee regarding zone change application ZC09/06/COK/HH be amended by changing the date of the proposed by-law from March 15, 2011 to April 13, 2011 and the report number from CSD-11-043 to CSD-11-058. BACKGROUND Staff report CSD-11-043 was presented to the Planning and Strategic Initiatives Committee on Monday April 11, 2011 and approved for Council consideration. The report recommends that mixed use corridor zones with and without special provisions be applied in the Victoria Street North Mixed Use Corridor. Minor revisions are required to the proposed By-law attached to report CSD-11-043 in order correct typographical errors and redundancies. REPORT: The attached Zoning By-law has been revised to incorporate minor housekeeping changes. The changes reconcile typographical errors and minor redundancies that were identified in the proposed By-law dated March 15, 2011. One change is proposed to clarify the intent of proposed special regulations provisions 559 R, 560R, 563R and 570R with respect to outdoor storage of garbage. The proposed minor changes do not affect the purpose or meaning of the Zoning By-law Amendment as a whole. FINANCIAL IMPLICATIONS: None. ACKNOWLEDGED BY: Jeff Willmer, Deputy CAO Communit Services De artment Attachments: Appendix "A" -Proposed Zone Change By-Law (April 13, 2011) PROPOSED BY-LAW April 13, 2011 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 -City of Kitchener) 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. Schedules 83 and 122 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 1 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 3U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U. 2. Schedule 83 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 2 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provisions 3U and 280U and Special Regulation Provision 332R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U. 3. Schedule 83 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 3 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provisions 3U and 280U and Special Regulation Provision 332R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U and modified Special Regulation Provision 332R. 4. Schedule 83 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 4 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 3U and Special Regulation Provision 328R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U. 5. Schedule 83 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 5 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provisions 3U and 254U and Special Regulation Provision 288R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U. 6. Schedule 83 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 6 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 3U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U and Special Regulation Provision 555R. 7. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 7 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 3U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Use Provision 410U and Special Regulation Provision 556R. 8. Schedules 83, 84, and 122 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 8 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 560R. 9. Schedules 83, 84, and 122 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 9 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U and Holding Provision 17H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U, Special Regulation Provision 560R, and modified Holding Provision 17H. 10. Schedules 83 and 122 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 10 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 562R. 11. Schedules 83 and 84 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 11 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 559R. 12. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 12 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 568R. 13. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 13 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U and Holding Provision 17H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U, Special Regulation Provision 568R, and modified Holding Provision 17H. 14. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 14 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 561 R. 15. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 15 on Map No. 1 from Residential Eight Zone (R-8) to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 561 R. 16. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 16 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U and Special Regulation Provision 569R. 17. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 17 on Map No. 1 attached hereto, from Commercial Residential Two Zone (CR-2) with Special Use Provision 167U and Holding Provision 17H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 167U, Special Regulation Provision 569R, and modified Holding Provision 17H. 18. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 18 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 570R. 19. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 19 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U and Holding Provision 14H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U, Special Regulation Provision 570R, and modified Holding Provision 14H. 20. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 20 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 562R. 21. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 21 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 559R. 22. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 22 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provisions 162U and 401 U, and Special Regulation Provision 559R. 23. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 23 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provisions 162U and 401 U, and Special Regulation Provision 562R. 24. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 24 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 566R. 25. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 25 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U and Holding Provision 14H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U, Special Regulation Provision 566R, and modified Holding Provision 14H. 26. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 26 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U and Holding Provision 14H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provisions 162U and 401 U, Special Regulation Provision 566R, and modified Holding Provision 14H. 27. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 27 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 563R. 28. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 28 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provisions 162U and 401 U, and Special Regulation Provision 563R. 29. Schedule 122 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 29 on Map No. 1 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 162U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 162U and Special Regulation Provision 563R. 30. Schedules 83 and 84 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 30 on Map No. 2 attached hereto, from Arterial Commercial Zone (C-6) with Special Use Provision 3U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Use Provision 401 U. 31. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 31 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Medium Intensity Mixed Use Corridor Zone (MU-2). 32. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 32 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 557R. 33. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 33 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Use Provision 401 U. 34. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 34 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 558R. 35. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 35 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 565R. 36. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 36 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) with Special Use Provision 272U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 272U and Special Regulation Provision 560R. 37. Schedules 83 and 84 of Appendix `A' to By-law Number 85-1 are hereby amended by changing the zoning applicable to lands specified and illustrated as Area 37 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 566R. 38. Schedule 84 of Appendix `A' to By-law Number 85-1 is hereby amended by changing the zoning applicable to lands specified and illustrated as Area 38 on Map No. 2 attached hereto, from Commercial Residential Three Zone (CR-3) with Holding Provision 16H to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Use Provision 401 U, Special Regulation Provision 566R and modified Holding Provision 16H. 39. Schedules 83, 84, and 122 of Appendix "A" to By-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map Nos. 1 and 2 attached hereto. 40. Appendix `C' to By-law 85-1 is hereby amended by a) deleting sections 254 and 280; b) modifying sections 162, 167, 272 and 401 thereto as follows: "162. Notwithstanding Sections 53.1 and 54.1 of this By-law, within the lands zoned MU-1 or MU-2 and shown as affected by this subsection on Schedule 83 of Appendix "A", the following uses shall not be permitted: Hotel Museum" "167. Notwithstanding Sections 53.1, 53.2.1 and 53.2.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 or 122 of Appendix "A", retail and personal services shall be permitted only in accordance with the following regulations: a) located on the ground floor of a building containing any other permitted uses with equal or greater floor area; b) a maximum of 550.0 square metres of gross leasable commercial space per unit; and c) Clauses a) and b) above shall not apply to retail or personal services located within buildings existing on January 24, 1994." "272. Notwithstanding Sections 6.1.2a), 6.1.2d) and 53.2 of this By-law, within the land zoned MU-1 and shown as affected by this subsection on Schedule 84 of Appendix "A", commercial recreation, community centre and museum shall not be permitted. For all other permitted uses listed in Section 53.1 the following special regulations shall apply: a) a maximum of 2off-street parking spaces shall be permitted for any permitted use or combination thereof, except health office and health clinic for which off- street parking shall be provided in accordance with Section 6.1 of this By-law; b) retail, restaurant and personal services shall only be permitted within the building existing on December 13, 1999, to a maximum floor area of 160 square metres; and c) no minimum landscaped area shall be required." "401. These lands have been identified by the Region of Waterloo as of the date of passing of this By-law as requiring further environmental consideration. Notwithstanding Sections 53.1, 54.1 or 55.1 of this By-law, within the lands zoned MU- 1, MU-2 or MU-3 as shown on Schedules 73, 83, 84, 86, 119, 120, 122, 142, 143, 173, 174 of Appendix 'A', as affected by this section, the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: Day Care Facility Duplex Dwelling Dwelling Unit Lodging House having 9 residents or more Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home"; and c) adding section 410U thereto as follows: "410. Notwithstanding Sections 53.1 and 54.1 of this By-law, within the lands zoned MU-1 or MU-2 and shown as affected by this subsection on Schedules 83, 84 or 122 of Appendix "A", the following uses shall not be permitted unless existing on the date of passing of the By-law: Day Care Facility Duplex Dwelling Dwelling Unit Lodging House Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home" 41. Appendix `D' to By-law 85-1 is hereby amended by: a) deleting sections 288 and 328; b) modifying sections 332 thereto as follows: "332. Notwithstanding Sections 6.1.2 and 54.2.2.3 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 83 of Appendix "A", a lodging house containing a maximum of five lodging units shall be permitted only within the building existing on the day of passing of the By-law and the minimum number of parking spaces required for a lodging house containing a maximum of five lodging units shall be 0."; and c) adding sections 555, 556, 557, 558, 559, 560, 561, 562, 563, 565, 566, 568, 569, 570 thereto as follows: "555. Notwithstanding Sections 6.1.2 d), 6.2.2 and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 83 of Appendix "A", the following special regulations shall apply to the property only if it contains the buildings existing on the date of passing of the By-law: a) a minimum of seven off-street parking spaces shall be required; and b) no loading spaces shall be required. "556. Notwithstanding Sections 6.1.1.1 a) i), 6.1.1.1 a) v), and 54.2.1 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 122 of Appendix "A", the following special regulations shall apply to the property only if it contains the building(s) existing on the date of passing of the By-law: a) required parking may be permitted to locate 0.0 metres setback from the Victoria Street North street line and 3.0 metre setback from the St. Leger Street street line; b) for the purpose of provisions (c) and (d) the rear lot line shall be defined as the northerly property line coincident with the rail right-of-way and the front lot line shall be defined as the lot line coincident with the Victoria Street North street line; c) the minimum rear yard setback shall be O.Om; d) the maximum front yard setback shall be 33.89m; and e) the combined total required onsite parking spaces may be provided within any lands affected by this subsection on Schedule 122." "557. Notwithstanding Section 54.2.1 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 84 of Appendix "A", the minimum landscaped area shall be seven percent of the lot area, only if the lot contains the building(s) existing on the date of passing of the By-law." "558. Notwithstanding Sections 6.1.2 and 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedule 84 of Appendix "A" the following special regulations shall apply: a) the minimum lot width shall be 13.7 metres; and b) the two parking spaces required for the multiple dwelling use existing on the date of passing of the By-law may be provided in tandem." "559. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A" the following special regulations shall apply: a) introduction of new accesses to an abutting municipal laneway shall not be permitted; b) the maximum building height shall be 16.5 metres; c) the minimum rear yard setback shall be 15.0 metres; d) the minimum setback from a municipal laneway shall be 15.0 metres; and e) outdoor storage of goods, materials or equipment shall not be permitted within 15.0 metres of a municipal laneway, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the municipal laneway." "560. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A", the following special regulations shall apply: a) introduction of new accesses to an abutting municipal laneway shall not be permitted; b) the maximum building height shall be 10.5 metres; c) the minimum front yard setback shall be 3.0 metres; and d) outdoor storage of goods, materials or equipment shall not be permitted within 15.0 metres of a municipal laneway, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the municipal laneway and located in the rear yard." "561. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 122 of Appendix "A" the following special regulations shall apply: a) the minimum setback from the property lines shared with the properties municipally addressed as 54 and 30 Margaret Avenue shall be 15.0 metres; b) the maximum building height shall be 16.5 metres; c) the minimum setback from the Margaret Avenue street line shall be 15.0 metres; and d) the minimum side yard setback shall be 3.0 metres." "562. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A" the maximum building height shall be 16.5 metres." "563. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A" the following special regulations shall apply: a) introduction of new accesses to Hermie Place shall not be permitted; b) outdoor storage of goods, materials or equipment shall not be permitted within 15.0 metres of the Hermie Place street line, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the Hermie Place street line; c) the minimum side yard shall be 3.0 metres; d) for the purpose of provisions (e) and (f) the rear lot lines shall be defined as the southeasterly property lines coincident with the Hermie Place street line and the property lines shared with properties municipally addressed as 14, 18, 22, 26 or 30 St Leger Street ; e) the minimum rear yard setback shall be 7.5 metres; and f) the maximum building height shall be 7.5 metres, however, the building height may be increased to a maximum of 16.5 metres provided that any building or portion thereof greater than 7.5 metres in height is set back a minimum of 15.0 metres from the rear lot line." "565. Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A" the following special regulations shall apply: a) the minimum rear yard setback shall be 15.0 metres; and b) the maximum building height shall be 16.5 metres; however, the building height may be increased to a maximum of 24.0 metres provided that for each additional metre of building height beyond 16.5 metres a minimum of 1.5 metres of additional setback from the rear lot line is provided for those portions of the building with a height in excess of 16.5 metres." "566. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A", the following special regulations shall apply: a) the maximum building height shall be 10.5 metres; b) the minimum setback from Victoria Street North street line shall be 1.5 metres; c) the minimum setback from a municipal laneway shall be 15.0 metres and d) the minimum setback from all other street lines shall be 6.0 metres." "568. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 122 of Appendix "A", the following special regulations shall apply: a) the maximum building height shall be 10.5 metres; and b) the minimum setback from the Margaret Avenue street line shall be 15.0 metres." "569. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 122 of Appendix "A", the maximum building height shall be 10.5 metres." "570. Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 122 of Appendix "A", the following special regulations shall apply: a) introduction of new accesses to an abutting municipal laneway shall not be permitted; b) the maximum building height shall be 10.5 metres; c) the minimum setback from the Ellen Street West street line shall be 9.0 metres; d) the minimum setback from a municipal laneway shall be 15.0 metres; and e) outdoor storage of goods, materials or equipment shall not be permitted within 15.0 metres of a municipal laneway, with the exception of deep well waste systems which may be permitted if setback a minimum of 4.5 metres from the municipal laneway." 42. Appendix `F' to By-law 85-1 is hereby amended by modifying sections 14, 16 and 17 thereto as follows: "14. Notwithstanding Section 53.1 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 122 of Appendix "A", the uses listed in Section 53.1 shall only be permitted within the buildings existing on January 24, 1994 until such time as the holding symbol affecting the lands has been removed by day of by-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Victoria Street North and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning." "16. Notwithstanding Section 53.1 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 84 and 121 of Appendix "A", the uses listed in Section 53.1 shall only be permitted within the buildings existing on January 24, 1994 until such time as the holding symbol affecting the lands has been removed by by-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Water Street North or Victoria Street North and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning." "17. Notwithstanding Section 53.1 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedules 83, 84 and 122 of Appendix "A", only a single detached dwelling, duplex, home businesses, private home day care and those legal uses existing on January 24, 1994 shall be permitted until such time as the holding symbol affecting the lands has been removed by By-law. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Victoria Street North and a site plan including appropriate site access and site buffering measures has been approved by the City's Director of Planning." PASSED at the Council Chambers in the City of Kitchener this A.D., 2011. Mayor Clerk z ~ ~ ~ ~ ~ ~ ~Q ~Q ~ ~ ~Q ~ ~Q ~ _ ~i > W ~ ~ a a N N N N N N N N N N N N ~ i ~ Y ~ N~ Q ` -- ` -- ` -- ` -- ` -- ` -- ` -- ` -- -- -- ` -- ` -- ` -- ` -- LLO O O a w _ _ _ _ _ _ _ - -- ~~°°s ~~ -- w~o~o w~o~o w~o~o w~o~o w~o~o ~~ -- ~~ -- w~o~o w~o~o w~o~o O c o 0 ~ ~ ~ oz oz - ozWao ozwao ozwao ozwao ozwao oz~ - oz~ - ozwao ozwao ozwao aoowa ao~oaao uo~wa ~o°ooda ~o~~d v°o~~d v°o~~d v°o~~d v°o~~d uo aooao ~oaooao uo~~d a°o~~d a°o~~d a O a a O a O a O a O a O a a a O a O O O O O O a O o U \ N O w oXQ > o XQ o XQ o XQ o XQ o XQ >oXQ >oXQ oXQ oXQ ~oXQ boo XQ ~ ~ ~ ~ oXQ XQ Q Q Qo Q ~ ~ _ o ~ o ~ O ~ ~ ~ Q ~ws ~ws ~~w ~~w ~ws ~ws ~ws ~ ~ws ~~w ~ws ~ws >~ws ~~~ o~~~~ o~~~~~, iw=~~ Q~~-~~o iw-~~ i~-~w Q~-~w Q~-~w Q~-~w Q~°~~wo Q~d=~~o iw=~~ Q~~~~ Q~~~~ a ~ w 0 ~~~o~ ~~ zo~o ~ ~~ ~ ~~zo~ ~~zo~ ~~zo~ ~~zo~ ~~azo~o ~ ~ ~~~o~ ~~~o~ °az~Q °azzLLQw °az~Q °azz~Q° °az~Q °az~Q °az~Q °az~Q °az~Q °azzLLQw °azz~Q° °az~Q °az~Q °az~Q O ~~~a « ~o~a° m~~~a ~'~°o~aS ~~~~a ~~~~a ~~~~a a~~~a ~~~~a „ao~~~S „ao~~~S ~~~~a ~~~~a ~~~~a ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~~ ~ ~ ~ o o o o o ~' ~'~ w o w o w~ w~ w~ w~o~ w~o~ w~o~ w~o~ w~o~ w~o~ ~ ~ ~ ~ ~ ~ w~~ ~ w=o ~ ~JO~ Joo~ o~ oo~ o~ o~ o~ o~ o~ Joo~ Joo~ ~ ~ a~~~Q a~Q~~QQ a~~~Q a~~~~QQ a~~~Q a~~~Q a~~~Q a~~~Q a~~~Q a~Q~~QQ a~Q~~QQ a~~~Q a~~~Q a~~~Q U N ~ ~ ~ ~ ~ ~ ~ Z L~ ~ o ~ o ~ o ~ o ~ o O W ~Z Q Q Q Q Q Q Q w N- No - No~° N- No~° N- N- Q ` ``°° ``°° ` ``°° ` ` - - - - - - - - ~ Q a - - - -- ~~o~o °~o~o > ~~ w o o -- -- -- - -- - -- - -- - -- - a ~ aQ ~~> ~ ~~~~ ~ (_~ ~ m ~ ~ - ~o~ ~o~ ~ Qo~~~ Qo=~~~o Qo~~~ Q~~~ o~~o o~~~o o~~~o~ o~~~o o~~~o o~~o~ o~~o~ Qo Qo Qowwa Qo~wa ~°=~ ~°z=~ ~°z=~~ ~°z=~ ~°z=~ ~°_~o ~°_~o - ~aa - ~aaa ~~ ~z ~~ ~z ~~ ~z ~~~ ~z~ ~~ ~z ~z J C~ ~ w °~° ~°Q~a ~°Q~~~ ~°Q~° ~°Q~° ~°~°Q ~°~°Q ~°x~= ~a°x=QZ ~~xaQ ~oxaQ ~oxaQ ~ooxQQZ ~oxQQ ox=Q a .~ U w - w - w - w~~_~ w~~_~ w~~~~ w - o~~w o >~w~° o~~w~ o~~w~ o~~w~ o~>~w~s o~~w~ ~'~w> Qawa Qww~~ aww~~~ Q~ww~ Q~ww~ _~~~~ Qaw~w ~~~~' ~~ - ~~~ ~~~o~ ~~~o~ ~~~zo~~ ~~o~ ~zo~ ~ ~o o~ o~ ~ ~ ~~~z~ ~~~z~ ~ ~z ~ ~z ~ ~ z~~ ~ z Q > ~ ~ o ~ ~ ~ ~ ~ ~ ~ ~z~ ~z w o oQ-Q oQQ-Q oQQ-aw oQQ-Q oQQ-Q oQ-=Q oQ-=Q oQ~~Q oQZ~°QLL °Q~~Q °=~LLQ °=~LLQ °az~LLQw °Q~~Q ~~Q ~w~° ~°~~° ~°~~°~ ~°-~° ~°~~° ~w~°~ ~w~°~ ~wzs- ~~-zs - ~~zs- ~~z-- ~~z-- ~~sz--~ ~~zs- ~zs- w w ~ w w w a o~ m~o ~ ~~ US °~~ a « ~~a « ~~a « ~ ~a° « ~ a W LLJ ~ ~ o o~ ~ o ~ ~ ~ ~ ~ ~ ~ ~ ~~ ~ o o o o =~= a ~= a ~o a ~ w ~ w w~w~~ w ~ ~' 0 w~ w~ w~ w~ w~ ~ ~ ~ ~ = w~ w w = o ~ =o ~ of=oo ~ o ~~o~o ~~o~o ~~oo~oo ~~o~o ~o~o ~ ~ ~ ~ ~ ~ ~ ~°~ ~ ~ ~ ~ z a °~ a~Q° a~Q Q a~Q~ a~Q~ a~ ~Q a Q a Q a Q° aa a ° Q a~~~Q a~~~Q a~Q~~Q Q a ~ ~~Q a~~Q ~ / ~ / e / l N Q~~. N~~ W -` ~ a ~ ms ~ pN Z NW o = / , ~ U ~ ~ e v /Q ~~ ~` w w o azw U v \ ~~/ ~ / ` ~1~ \m Q ~ ~d~a e ~FZ ~ QQQO~OOZ w ~ Za Zz ~ J N ~zz 11 1 W go W 00 m , W ~F ° W d Z / . Q ^ '' Mal ~ \ . ~ / ~N NNNfO / ° z FOFZNON jxw w ~ U"~ m Oww u'm ~ U~~zOy W~~LLyi wz z z O a, a~ \ z ~~ ~ .' / a~ QQ'~" N /b / ^ ~ \` / / ,W - ~W~uy~W~y/Wam oq"9 .r , ~~/'' LL Li Wn _, ;_ ~q'~ : /'' /P ~ /' QQ/~ C n wm Z Vaa YOZ~oY~~~~~ ~ LLoao wWWW~rr aZ~aaaaa KZJGN W Z=QZKQd ZZZZZ F~ WWWWW OW~~ f2 f2 W U tt1~ / _ ~/ W W y OOOOO . `~ \ Q ~Q y/aLi' ~ ~ ~~ ~~~Yx~~W f7 f7 f7WW W / a ~. = wwaW ZOOU~~owmww ^ ~j~.\ / N ~ ? O a ~ ~ ~ Z ~ c~r~ N \ ~ ~ N ~ ZxaU / ~ v~~onmrn A m'LL ~ OU ~ KKK ~.`` ~ Q /~ \ ~'~ O-- d K K K K K U ` ~ N y O Y ~~ U U ~ ~V_ ~ U ~ W Q J ~~ V ,, /, ~~V ~\ ,~ /~ x W m - I~ (n W ~ ~ ?~~sy`rv V A~ ~\ \ iQ !~Q'~~.t~ ~Q W~Q ~ ~ ~e _ ~' ~ _ ~a~ " `"^~°~,o ''. y. ~ LO ~ ~ U ~~~~P ~~ Q~~ ~ ~ - ~ ~ M ~~~~ ~~o A / ~ ~ ~ c ~ ^. -n\ ~t ~. ~1 __\ ~ J W \ ~ Q / P~ ~~ ~ ~~~ ~ N \ ~~o / ~ ~ g ~~ \ / / ~ dA 7~, ~ ~ \\ Q 6 ~'d / ~ ~ D ~ 6 ~ /, /, iA ~, / c ~ ~ " mo ' %\ n ~ 8 \ / d, w ~ /'~ Zp alnp~ ~; 2y Q~'c- /" w ~ ~, ~ ~,' /-'~ , ~/ ~v~ v Q ~~P ~v ~~~ ~ ~ ~ X ~%_ ~~ - ~ a P PDT d .by. / ,\~ =~~ ~ ~ ~ ~ ~~~ ~~~ .v / - ~ a ~ z ~ ~ ~~ ,Y ~ P~ P~ ~ ~ `~ ' ~~ ~ 3 o ~ ~- / ~ a ~ P M N ~ ~ ~ ~ ~ ~~ / PQ /~ ~ ~~ ` ~ Q Q .A~ ~ / 2 a ~ ~ ~ M / \~ ~~~ ~ W ~~ ~Z~ ~ ~ ~ ~ N~ ~ 1 ~ ~ O Q '~. ~ ~ ~ YQ ~.. ~ j ~ qe ~/ - m '~ u~ ~~_ ~ ' W II H ~~ ~ w ~Z 2 NI ~~ I Qa Z ~ \ `/ = ~y ~ LLO ~ Z d W F F ~ w O o Q~ ~o ~Z J ~ ~ U N ~ ~ U N ~ ~ U N ~ ~ U N ~ ~ U N ~ ~ U ~ ~ U ~ ~ U J~ z z O O U ~ N ~J ~~ Z 7 Z 7 Z 7 Z 7 Z 7 Z Z~ Z O WQ L.L~ ~J,J Q j co ~ U O~ N" WZ W O~ N" WZ W O~ N" WZ W O~ N" WZ W O~ N" WZ W O ~ N ~ W ~ W O~ N~ W~ W es- O N ~ W ~ W ~ ~L.L w W Z ~O =N tea' ~O =N tea' ~O =N ~a'z ~O =N tea' ~O =N tea' ~ = Z ~ =Z ~ = Z ~ ~ I I I z O O N N LL' JO ¢Q JO~ ¢QN JOo ¢Q V JOB ¢QN JO~ ¢Q(Q ON J NI~~ ¢ LLrNO O JN~ ¢~p O J Nom ¢ LLr V p U A' III I J p ¢ p F~ W~ FAN W I Z FEZ W H O FAN W I Z FAN W I Z F OZN Q U FO`n ~ Z _ F OzN= Q U ~ 'V I I (n ~ ~ W ~o 0 Qo ~,U W Qoo ~,U(_n W> Qo~n ~,U> W O Qoo_ ~,~~_ W> Qoo_ ~,~~_ W> Z W Q ~~O ~N~>~, 0 0- W Qoo ~,~(_n O> W Z Q ~~O ~, ~>~,Z O O- 0 w Z O w Z O L ~ G1 Z Q 7 ~MUv W W LL'cn 7 W LL'cnO z~ W LL'cn~ 7a W LL'cnO z~ W LL'cnO W I~ LL'NUa'> W a'UO W a' Ua'>O w z uJ ~ ~. Q Up O cn (nZ(n ¢> > ¢Q J U W J ¢Qa U W Z ¢Qw J U W (n J ¢Qa U W Z ¢Qa U W Z ¢pcnwa U(n7(n ¢cna U7Z ~ O ¢~cnWaO U~7(n ~ ~ O o~ z ¢w NF O ZZ ~ Q ^~' H Y/ Q ~ ~ O X O ~ ~ ~ ~ 0 ~ ~ ¢ ~ ~ 0 ~ ~ 0 ~ O X ¢ ~ w gX¢ w ~ ¢ O SOX QZ ~ U F a O ~ o N w a /, U d ~ W U w ~ w~-~ ~a~a ~ ~ ~~ oin ~ J ~~~ oin ~- ~~W oin ~ J ~~~ oin ~ J ~~~ oin ~- ¢ ~a~WJ ~ ~ ~~~ ~ - ~>~WJQ ~J ~~ F ~ ~z ~ N w rv a ~o ZWUyzQ Zpzo ON f u'- 0o ~ ~ m w>w ¢UFU UZ ~ UZ W ~ a UZU ~ UZ W ~ ~ UZ W ~ w>a UUFUC7 >c~ OF W ~ i >a U~FUC70 ai = wN ~z ~ww U`~ m O zNrnF-OFZ Nw U~O wm X ° J ~ ~1 w ~ ~ ~~cn~ OJZJ ~F Oz gF OzJ ~FQ Ozw gF OzJ gF OzJ ~~cnQ~ OJZw J ~ n OzJ ~ nQ~ pc7zwJQ N~~o ~ ow~°LLU -iz wm ? ~aw~~wo~oY~~~ ^~ (~ ~¢_ W ¢_ LL U Z U 'W-W OLL>> LL ~- LL~ 7 ~-¢_ LL~ U 7W N-LL ~-LL LL~ 0 7 M-O ~-¢_ LL~ U 7W V -d ~-¢_ LL~ U 7W N-d ~ ¢_ W LL ¢ LL U Z Q U W- (O LL> O W ~ W ¢_ LL Z U W r> LL ~Z W LL ¢ W LL~ Z Q U LL p W O O W LL ¢Z wU~ygrn~~z~¢¢¢ ~ O X D ~ 0 0~ 0~~ ~¢ z z z o~ w~Jww OFaa Ow Sm KUwww ~ ~ ~~ W M (n> (n ~ M Q M Q (n M Q~ M Q (n M Q (n M (n> ~ a ~ M> (n ~ M=> ~ a O ~ ~JwZ >~QU~w2jw~000 O O O ~ ~ ~ W = = F F ~-0- W ~ ~O W ~= F ~O- W ~= F ~O- W ~= F ~O- W ~= F ~O- W = =Q F F ~-O-z W = F KO- W = =QQ F F ~-O-zz wwa2 U ~O U~w?C7a~~~ z2aU z pULLF ~~~q~~ ~N~~~m /I'- r O r a~~~ a~ a~~ a~~ a~~ a~~ a~~~¢ a~~ a~~~¢¢ NyOY 000000-~~dKKK v Z ~ ' ~ Q ~ ~ \ d ~ = a ~ ,~ % ~ ~~ ~ ~~ ~ ~~4 ~~ ~ /, j~ ~ ~O ~ ~ ~ ~~~ ~ ~ ~ ~ ~ ~ ~ ~! ~\ \ \ ~, k ~ ~ .~ .m `. ~ ~ ~d ~ of e ~ ~ ~,,,-~ ~ ~ ~ i , i ~ = Z <~ i o ~ ~~ - ~~. ~ ~~ , ~ ~ ~ ~ ` ~ ~ \ ~ ~ .. as~ ~~"~`` e £~~ M 3a'~a i ~ ~ ° ' ~, ~, ~ - ~ ~ \ 3ab ~ ~ ~ ~~pro - ~ ~, N c ~ hi ro _~ ~ ~ '' ~ 3 ~, as,~ ~ I~ OO ~~'~ 1 ~ ~ ~~ ¢ ~ Q~ Q W ~ oo -- ` ,n ~ ~ ~ ~~ '~ ~ ~ A M ia~ ~ swo ~ ~ _ -__ eei '- - -_ N ~ r Q ~ ~ C ~""~ '~-_ M Q ~ ~ ~ ~ /, ~ ~ O/ M ~ ~ ~' ~u ~:,~ ~_ °° dew ~e ~ ~,a ~ ~__ Q H W ~ _ N ~ "W ~ W ~ ~ ~ ~ ' ~ ,~ ~e ~n, ~ ~ ~ & ~ \ N M / ~ ~ ` ~ ~ ~~ \ ~ ~ ~ M ~ - - ~ , ~ ~ ~ ~~ , ~ ~~' ~' Y ~ w /~ / /ate s ~ a~ ~ ia ~ °~ \ °,~ Q M_ ~ T / M ° ~ z o~ ~ '~ ~ ~ /~ / P V.' \ ~ 7\ / ~ /' .~ , ~ ~~ I ~ 0 w ~ ~ z ~l ~ ~ ~ \ \ ~ ~ e \ ~ ~~~ .$ ~ - ~~ o a G z ~e :. ,- ~ , ~ - a6 ~ ~,~z ~ o ~ :~ ,. ., ~, ~ __ ~ o w ~ ~ ~ ~~ ~~ ~ ' -~ ~ ~~,, ~ ~ '~~ «= ~ o ~ ~~ ~ ~~ ~, , ~ , ~ ~. mss ~ ~~ ~ N ~ F~ ~ ~ ~ ~ ~ ,tea: ~ ~ ~ ~\ U