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