HomeMy WebLinkAboutCSD-12-042 - Housekeeping Amendments1
Staff Re,~ort
KIT(;x~l~`~.R ~ommunityServicesDepartmen~ www.kitthenerca
REPORT TO: Council
DATE OF MEETING: March 5, 2012
SUBMITTED BY: Alain Pinard, Director of Planning
PREPARED BY: Sheryl Rice, Development Technician (519-741-2844)
WARD(S) INVOLVED: All Wards
DATE OF REPORT: March 5, 2012
REPORT NO.: CSD-12-042
(Addendum Report to CSD 12-020 and CSD 12-038)
SUBJECT: ZONE CHANGE APPLICATION ZC 11/09/COK/SR
CITY- INITIATED "HOUSEKEEPING" AMENDMENTS
TO THE ZONING BY-LAW -
REMOVAL OF ITEM FROM THE BY-LAW -DEFINITION
OF "LOT WIDTH"
RECOMMENDATION:
That Zone Change Application ZC11/09/COK/SR regarding housekeeping changes to
Zoning By-law 85-1, as considered at the February 27, 2012, Planning and Strategic
Services Committee meeting, be amended to remove item No. 9 regarding "lot width" and
be approved in the form shown in the "Proposed By-law", dated March 5, 2012, attached
to Report CSD-12-042.
BACKGROUND:
N/A
REPORT:
Reports CSD-12-020 and CSD-12-038 regarding housekeeping changes to Zoning By-law 85-1
were considered at the Planning and Strategic Initiatives Committee meeting on February 27,
2012. Since the meeting, comments have been received regarding Item No. 9 of the "Proposed
By-law". Item No. 9 proposes revisions to the definition of "Lot Width". As a result of the
comments, staff wish to take more time to review the definition and follow-up with the
respondent. It is recommended that Item 9 be removed from the by-law considered by Council
this evening.
ACKNOWLEDGED BY: Mike Selling, Acting Deputy CAO
Community Services Department
Attachment:
Appendix `A' -Proposed Zoning By-law
Appendix `A'
March 5, 2012
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
Housekeeping Amendment)
WHEREAS it is deemed expedient to amend By-law 85-1, as amended;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. The "Table of Contents" of By-law 85-1 is hereby amended by adding, in proper numerical order, the
following new Section titles:
"Section 47A-COMMERICAL RESIDENTIAL FIVE ZONE (CR-5)
47A.1 Permitted Uses
47A.2 Prohibited Uses
47A.3 Regulations".
2. The "Table of Contents" of By-law 85-1 is hereby amended by deleting in its entirety the following
section title:
"Section 52 -CEDAR HILL FOUR ZONE (CH-4)".
3. Section 2.3 of By-law 85-1 is hereby amended by deleting the phrase "or a street townhouse
dwelling" and replacing it with the following phrase:
", street townhouse dwelling or private home day care."
4. Section 3.1.8 of By-law 85-1 is hereby amended by adding the following new zone immediately
below "Commercial Residential Four Zone CR-4":
"Commercial Residential Five Zone CR-5"
5. Section 3.1.10 of By-law 85-1 is hereby deleted in its entirety.
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6. Section 4.2 of By-law 85-1, the definition for "Commercial Vehicle" is hereby amended by deleting
immediately after the phrase "buses exceeding" the following wording "10 passenger seats" and
replacing with the following: "7 metres in length".
7. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper
alphabetical order:
"Driveway Visibility Triangle" means a triangular area formed within a lot by the intersection
of a driveway line and a lot line, or the projections thereof, and a straight line connecting them
4.57 metres from their point of intersection."
8. Section 4.2 of By-law 85-1, the definition of "Lodging House" is hereby amended by:
a) adding the word "unit" between the phrases "a dwelling" and "or part thereof'; and
b) adding the words ", exclusive of the owner or primary occupant." immediately after the
phrase "four or more residents".
9. Section 4.2 of By-law 85-1, the definition of "Semi-Detached Dwelling" is hereby amended by:
a) adding immediately after the phrase "on a separate lot having" the following words:
"individual vehicular"; and,
b) by adding immediately after the phrase "and frontage on a street" the following words: "or
lane."
10. Section 4.2 of By-law 85-1, the definition of "Street Line" is hereby amended by deleting in its entirety
and replacing with the following:
""Street Line" means the limit of the street allowance and is the dividing line between a lot and
a street."
11. Section 4.2 of By-law 85-1, the definition of "Street Townhouse Dwelling" is hereby amended by
adding immediately after the phrase "on a separate lot having" the words "individual vehicular".
12. Section 5.3 of By-law 85-1 is hereby amended by:
a) deleting from the title the word "CORNER",
b) adding the letter "S" to the word "TRIANGLE",
c) adding immediately after the phrase "within a corner visibility triangle" the following: "or
driveway visibility triangle."; and,
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d) adding immediately after the phrase "entering the intersection" the following words: "or
street.".
13. Section 5.5.2 of By-law 85-1 is hereby amended by deleting the words "a Dwelling" immediately after
the phrase "Buildings Accessory to" and replacing with the word "Dwellings".
14. Section 5.5A.1 of By-law 85-1 is hereby amended by adding immediately below the phrase "to the
street at ground level.", and starting on a new line, the following new wording:
"Notwithstanding the above, a storage alcove may be incorporated into the garage and may
extend beyond the 70% limit provided that:
a) the storage alcove is stepped back a minimum of 1.5 metres from the front
fagade of the garage nearest to the street;
b) the entire width of the garage including both the vehicular parking area and the
storage alcove shall not exceed 80% of the width of the fagade at the ground
level (measured from the centreline of the interior garage wall to the outside of
the exterior wall); and,
c) a man door is not located leading from the storage alcove to the outside along
the front fagade."
15. Section 5.6A of By-law 85-1 is hereby amended by deleting the following phrase from the heading:
"IN RESIDENTIAL, INSTITUTIONAL, COMMERICAL-RESIDENTIAL ZONES AND THE
INDUSTRIAL RESIDENTIAL ZONE (M-1).".
16. Section 5.6A.4 of By-law is hereby amended by adding immediately after sub clause d) the following
new sub clause:
"e) Notwithstanding clauses a) b) and d) above, terraces, porches or decks attached or
unattached to the main building of a structure designated under the Ontario Heritage
Act, may be located, or reconstructed, within a required front yard, side yard abutting
a street or side yard, provided that the setback, gross floor area, dimensions and
height do not exceed what existed on or before (date of the passing of this by-law)
and provided that a Heritage Permit application is approved. "
17. Section 5.15 of By-law 85-1 is hereby amended by deleting from the heading the phrase
"RESIDENTIAL AND DOWNTOWN DEVELOPMENT" and replacing with the word "USES".
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18. Section 5.15.1 b) of By-law 85-1 is hereby amended by:
a) adding immediately after the word "patio" the following punctuation mark and word: "
porch" ;and,
b) deleting the phrase "as per Section 842.1.3 of Chapter 842 of the City of Kitchener
Municipal Code."
19. Section 5.15.1 of By-law 85-1 is hereby amended by adding the following new subsection:
"d) Sub clause a) above shall also be deemed to comply with current off-street parking
regulations where the number of legally established parking spaces provided is equal or
less than the parking required for the previous legally established use."
20. Section 5.23 of By-law 85-1 is hereby amended by deleting immediately after the phrase "All nevi'
the word "dwellings" and replacing with the following phrase: "dwelling units".
21. Section 5.24 of By-law 85-1 is hereby amended by deleting it in its entirety and replacing with the
following:
"5.24 The minimum setback for any residential building or part thereof, located on a lot which
is abutting an arterial road as defined and classified in the City's Official Plan, shall be
12.0 metres from the street line.
Notwithstanding the foregoing, for multiple dwellings or multiple dwelling sites, or any
residential building taking primary access from such arterial road, the setback
requirements of the applicable zone shall apply. Any such building located less than
12.0 metres from an arterial road shall have a central air conditioning system, double-
glazed windows and EW1 exterior wall type pursuant to the Supplementary Standard
SB-3 of the Ontario Building Code or equivalent material as approved by the City's
Chief Building Official."
22. Section 6.1.1.1 a) ii) of By-law 85-1 is hereby amended by:
a) deleting the number "300.0" immediately after the phrase "located on another lot within" and
replacing with the following number: "400", and,
b) adding immediately after the word "industrial" the following phrase ", mixed-use corridor".
23. Section 6.1.1.1 a) of By-law 85-1 is hereby amended by adding the following new subsection:
"6.1.1.1 a) vii) Notwithstanding subsections iv) and v) above, parking spaces, loading spaces,
drive-through stacking lanes and aisles giving direct access to abutting parking
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spaces that are located interior to a building shall be exempted from the setback
requirements noted in subsections iv) and v)."
24. Section 6.1.1.1. b) i) of By-law 85-1 is hereby amended by deleting it in its entirety and replacing with
the following:
"i) The off-street parking required for such dwellings shall be located a minimum distance of 6
metres from the street line.
Notwithstanding the above, a duplex dwelling, semi-detached dwelling containing two
dwelling units or a residential care facility having less than 9 residents, all of which require a
minimum of two parking spaces, shall be permitted to locate one of the required parking
spaces on the driveway less than 6 metres from the street line and may be arranged in
tandem."
25. Section 6.1.1.1 b) vi) of By-law 85-1 is hereby amended by deleting immediately after the phrase
"comprised of a material" the following phrase: ", pattern or colour".
26. Section 6.1.1.1 b) vii) of By-law 85-1 is hereby amended by deleting the word "Omitted" and
replacing with the following:
"vii) A driveway and widening thereof may be used for the parking of vehicles provided that
a parking space on the driveway or the widening meets the minimum size requirements
of Section 6.1.1.2 d)."
27. Section 6.1.1.1 c) ii) c) of By-law 85-1 is hereby amended adding immediately after the word
"vehicles" the following:
"provided that a parking space on the driveway or the widening meets the minimum size
requirements of Section 6.1.1.2 d)."
28. Section 6.1.1.1 c) iii) of By-law 85-1 is hereby amended by deleting it in its entirety and replacing with
the following:
"iii) Notwithstanding clause ii) above, on a corner lot an access driveway shall not be
located closer than 9 metres to the intersection of the street lines abutting the lot. For
the purpose of this subsection iii), where one or more parking spaces are provided with
a setback of less than 12 metres, the driveway including any widening shall be deemed
to be at least the same width as the parking spaces, for a minimum distance of 12
metres from the parking space, measured perpendicular to the end of the parking space
closest to the street."
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29. Section 6.1.1.1 c) vi) of By-law 85-1 is hereby amended by deleting immediately after the phrase
"comprised of a material" the following phrase: ", pattern or colour".
30. Section 6.1.1.2 b) of By-law 85-1 is hereby amended by adding after every occurrence of the word
"street" the following phrase: "or lane".
31. Section 6.1.1.2 d) of By-law 85-1 is hereby amended by deleting the number "2.58" and replacing
with the following number: "2.6"; and by deleting the number "5.49" and replacing with the following
number: "5.5".
32. Section 6.1.1.2 e) of By-law 85-1 is hereby amended by deleting it in its entirety and replacing with
the following:
"e) Where a required parking space is to be provided within a building, with direct access
from a driveway, it shall have a minimum width of 3.04 metres and a minimum length of
5.49 metres.
Notwithstanding the above:
a) A maximum of two steps without handrails may project 0.46 m into the width (side)
of the required parking space; and,
b) a maximum of two walls may project 0.15 m into the width (side) of the required
parking space with a maximum length of 1.6 metres for each wall, provided that
the walls do not obstruct access to the driver's door. (see illustration below)"
BhIVEWAY
33. Section 6.1.1.2 f) of By-law 85-1 is hereby amended by adding immediately after the word
"driveways" the following punctuation and wording: ", parking lots".
34. Section 6.1.2 a) of By-law 85-1 is hereby amended by:
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1) deleting immediately after the phrase "Plaza Complex with a Gross Floor Area Greater
Than 600.0 Square Metres", listed in Column 1, the phrase "But Less Than 16,200
Square Metres" ;and,
b) deleting in its entirety the following, from Columns 1 and 2:
"Plaza Complex Wth a Gross Floor 1 for each 23.0 square metres of the
Area of 16,200 Square Metres or gross leasable commercial space
More".
35. Section 6.1.2 b) i) of By-law 85-1 is hereby amended by deleting immediately after the word "fraction"
the following phrase, "greater than one-half' and replacing with the following:
"of one-half or greater then".
36. Section 6.1.2 b) viii) c) of By-law 85-1 is hereby amended by deleting immediately after the word
"Notwithstanding", the phrase "Sections 4.2.170 (a) and (d)", and replacing with the following:
"the definitions of "Parking Space" and "Tandem Parking" as defined in Section 4.2 of this By-
lav~'.
37. Section 6.1.2 c) of By-law 85-1, Column 1 and 2, is hereby amended by:
a) moving the use and parking requirement for "Commercial School" from its current location
after "Commercial Recreation" to be located below "Educational Establishment"; and,
b) after the use "Educational Establishment"; in Column 1, indenting each of the following uses
five spaces: "Commercial School", "Elementary", and "Secondary".
38. Section 6.1.2 c) of By-law 85-1 is hereby amended by:
a) deleting, opposite the use for "Multiple Dwelling" in Column 1, the phrase in Column 2
"Senior Citizen Housing Unit," and replacing with the word: "unit"; and,
b) deleting, opposite the use for "Street Townhouse Dwelling" in Column 1, the phrase in
Column 2 "Senior Citizen Housing Unit," and replacing with the word: "unit".
39. Section 6.3 b) of By-law 85-1 is hereby amended by deleting immediately after the phrase "a bus
exceeding" the words "10 passenger seats" and replacing with the following: "7 metres in length".
40. Section 6.3 e) of By-law 85-1 is hereby amended by adding immediately after the phrase "within a
street or lane" the following:
"nor shall any parked or stored commercial vehicle encroach beyond the lot lines of the subject
property."
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41. Section 6.3 of By-law 85-1 is hereby amended adding the following new sub section:
"g) Notwithstanding clauses a) and b) above, a bus designed to accommodate wheelchair
access shall be permitted to be parked or stored in a Residential zone provided it does not
exceed 8 metres in length and clause e) of this section is met."
42. Section 12.2.1 of By-law 85-1, the regulation for "Outdoor Storage", is hereby amended by adding
immediately after the phrase "side yard abutting a street" the following:
"orwithin 6 metres of any other lot line abutting a street."
43. Section 13A.2.1 of By-law 85-1, the regulation for "Outdoor Storage", is hereby amended by adding
immediately after the phrase "side yard abutting a street" the following:
"orwithin 6 metres of any other lot line abutting a street."
44. Section 17.3 of By-law 85-1, the regulation for "Outdoor Storage", is hereby amended by adding
immediately after the phrase "side yard abutting a street" the following:
"orwithin 6 metres of any other lot line abutting a street."
45. Section 19.3 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
46. Section 19.3 of By-law 85-1, the regulation for "Outdoor Storage", subsection (1) is hereby amended
by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
47. Section 20.3.1 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
48. Section 20.3.1 of By-law 85-1, the regulation for "Outdoor Storage", subsection (1) is hereby
amended by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
49. Section 21.3.1 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
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50. Section 21.3.1 of By-law 85-1, the regulation for "Outdoor Storage", subsection (1) is hereby
amended by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
51. Section 22.3.1 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
52. Section 22.3.1 of By-law 85-1, the regulation for "Outdoor Storage", subsection (a) is hereby
amended by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
53. Section 23.3 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
54. Section 23.3 of By-law 85-1, the regulation for "Outdoor Storage", is hereby amended by deleting the
phrase "a side lot line" and replacing with the phrase "any other lot line".
55. Section 24.3 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
56. Section 24.3 of By-law 85-1, the regulation for "Outdoor Storage", subsection (1), is hereby amended
by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
57. Section 25.3.1 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
58. Section 25.3.1 of By-law 85-1, the regulation for "Outdoor Storage", subsection (1), is hereby
amended by deleting the phrase "a side lot line" and replacing with the phrase "any other lot line".
59. Section 26.3 of By-law 85-1, the regulation for "Location and Gross Floor Area for Educational
Establishment and Religious Institution", is hereby amended by adding immediately after the phrase
"shall not exceed", the following phrase: "a combined total of'.
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60. Section 26.3 of By-law 85-1, the regulation for "Outdoor Storage" is hereby amended by deleting the
phrase "a side lot line" and replacing with the phrase "any other lot line".
61. Section 29.1 of By-law 85-1 is hereby amended by adding in property alphabetical order the following
new use: "Storm Water Management Pond".
62. Section 31.2 of By-law 85-1 is hereby amended by adding immediately after the phrase, "Secondary
Schools", the following wording: "with more than 300 students".
63. Section 32.2 of By-law 85-1 is hereby amended by adding immediately after the phrase, "Secondary
Schools", the following wording: "with more than 300 students".
64. Section 32.3.5 By-law 85-1 is hereby amended by adding the immediately below the regulation for
"Outdoor Storage" the following new regulation:
"Private Patio Area For each dwelling unit located at ground floor level, an exclusive
use patio area adjacent to the unit with direct access to such
unit shall be provided."
65. Section 32 of By-law 85-1 is hereby amended by adding immediately after Section 32.3.7 the
following new subsection:
"32.3.8 For Dwelling Unit
Location Shall not be located on the ground floor unless located within a
building used only as a multiple dwelling."
66. Section 33.3.1 of By-law 85-1 is hereby amended by adding the immediately below the regulation for
"Off-Street Parking" the following new regulation:
"Private Patio Area For each dwelling unit located at ground floor level, an exclusive
use patio area adjacent to the unit with direct access to such
unit shall be provided."
67. Section 34.1 of By-law 85-1 is hereby amended by adding directly after the phrase "Sale, Rental,
Storage, Repair or Service of the following word: "Farm".
68. Section 46.3 of By-law 85-1 is hereby amended by adding the immediately below the regulation for
"Off-Street Loading" the following new regulation:
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"Private Patio Area For each dwelling unit located at ground floor level, an exclusive
use patio area adjacent to the unit with direct access to such
unit shall be provided."
69. Section 47.2.3 of By-law 85-1 is hereby amended by adding the immediately below the regulation for
"Outdoor Storage" the following new regulation:
"Private Patio Area For each dwelling unit located at ground floor level, an exclusive
use patio area adjacent to the unit with direct access to such
unit shall be provided."
70. Section 48.3.2 of By-law 85-1 is hereby amended by adding to the regulation for "Location of New
Floor Space and New Mechanical, Electrical and Heating Equipment", immediately after the phrase
"existing on the date that the E-1 Zone was applied to the land, whichever is the lower elevation", the
following wording:
"; or as authorized under Permit Requirements below.".
71. Section 52 of By-law 85-1 is hereby amended by:
a) deleting all occurrences of the number "52" in the heading sections and replacing with
"47A";
b) by deleting the heading "CEDAR HILL FOUR ZONE (CH-4)" and replacing with the
following: "COMMERCIAL RESIDENTIAL FIVE ZONE(CR-5)"; and,
c) by deleting all occurrences of "CH-4" and replacing with "CR-5".
72. Section 53.1 of By-law 85-1 is hereby amended by deleting the word "Sanitary" immediately before
the phrase "and Janitorial Services" and replacing with the following word: "Security".
73. Section 54.1 of By-law 85-1 is hereby amended by deleting the word "Sanitary" immediately before
the phrase "and Janitorial Services" and replacing with the following word: "Security".
74. Section 55.1 of By-law 85-1 is hereby amended by deleting the word "Sanitary" immediately before
the phrase "and Janitorial Services" and replacing with the following word: "Security".
75. Schedules 74, 75 and 84 of Appendix `A' to By-law 85-1 are hereby amended by changing the
zoning applicable to:
a) the parcel of land specified and illustrated as Area 1 on Map No. 1, in the City of
Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor Zone (MU-2)
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with Special Regulation Provision 500R and Holding Provision 56H to Medium Intensity
Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 500R and Special
Use Provision 401 U; and,
b) the parcel of land specified and illustrated as Area 2 on Map No. 1, in the City of
Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor Zone (MU-2)
with Holding Provisions 6H and 56H to Medium Intensity Mixed Use Corridor Zone (MU-
2) with Special Use Provision 401 U and Holding Provision 6H; and,
c) the parcel of land specified and illustrated as Area 3 on Map No. 1, in the City of
Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor Zone (MU-2)
with Holding Provision 56H to Medium Intensity Mixed Use Corridor Zone (MU-2) with
Special Use Provision 401 U; and,
d) the parcel of land specified and illustrated as Area 4 on Map No. 1, in the City of
Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone (MU-3) with
Holding Provision 56H to High Intensity Mixed Use Corridor Zone (MU-3) with Special
Use Provision 401 U; and,
e) the parcel of land specified and illustrated as Area 5 on Map No. 1, in the City of
Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone (MU-3) with
Special Use Provision 395U and Holding Provision 56H to High Intensity Mixed Use
Corridor Zone (MU-3) with Special Use Provisions 395U and 401 U; and,
~ the parcel of land specified and illustrated as Area 6 on Map No. 1, in the City of
Kitchener, attached hereto, from High Intensity Mixed Use Corridor Zone (MU-3) with
Special Regulation Provision 504R and Holding Provision 56H to High Intensity Mixed
Use Corridor Zone (MU-3) with Special Regulation Provision 504R and Special Use
Provision 401 U; and,
g) the parcel of land specified and illustrated as Area 7 on Map No. 2, in the City of
Kitchener, attached hereto, from Medium Intensity Mixed Use Corridor Zone (MU-2)
with Holding Provision 56H to Medium Intensity Mixed Use Corridor Zone (MU-2) with
Special Use Provision 401 U.
76. Schedule 85 of Appendix `A' to By-law 85-1 is hereby amended by changing the zoning applicable to
the parcel of land specified and illustrated as Area 8 on Map No. 3, in the City of Kitchener, attached
hereto, from Existing Use Zone (E-1) with Special Use Provision 274U to Existing Use Zone (E-1).
77. Schedule 120 of Appendix `A' to By-law 85-1 is hereby amended by changing the zoning applicable
to:
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a) the parcel of land specified and illustrated as Area 9 on Map No. 4, in the City of Kitchener,
attached hereto, from Cedar Hill Four Zone (CH-4) to Commercial Residential Five Zone (CR-5);
and,
b) the parcel of land specified and illustrated as Area 10 on Map No. 4, in the City of Kitchener,
attached hereto, from Cedar Hill Four Zone (CH-4) with Special Use Provision 364U to
Commercial Residential Five Zone (CR-5) with Special Use Provision 364U.
78. Schedule 129 of Appendix `A' to By-law 85-1 is hereby amended by changing the zoning applicable
to the parcel of land specified and illustrated as Area 11 on Map No. 5, in the City of Kitchener,
attached hereto, from Residential Six Zone (R-6) with Special Regulation Provisions 306R and 307R
to Residential Six Zone (R-6) with Special Regulation Provisions 306R, 307R and 600R.
79. Schedules 206 and 207 of Appendix `A' to By-law 85-1 are hereby amended by changing the zoning
applicable to the parcel of land specified and illustrated as Area 12 on Map No. 6, in the City of
Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special
Regulation Provision 491 R and Special Use Provision 386U to Convenience Commercial Zone (C-1)
with Special Regulation Provision 491 R and Special Use Provision 386U.
80. Schedule 272 of Appendix `A' to By-law 85-1 is hereby amended by changing the zoning applicable
to:
a) the parcel of land specified and illustrated as Area 13 on Map No. 7, in the City of Kitchener,
attached hereto, from Residential Three Zone (R-3) to Open Space Zone (P-2).
81. Provision 101, subsection b), of Appendix `C' to By-law 85-1 is hereby amended by adding
immediately after the phrase "multiple dwelling or lodging" the following word: "house".
82. Provision 164 of Appendix `C' to By-law 85-1 is hereby amended by adding immediately after the
phrase "January 24, 1994", the following:
", and off-street parking shall be provided in accordance with Section 6.1 of this By-law."
83. Provision 177 of Appendix `C' to By-law 85-1 is hereby amended by deleting immediately after the
word "Schedules" the following "85, 86, 124 and 125" and replacing it with: "82, 83, 122 and 123".
84. Provision 364 of Appendix `C' to By-law 85-1 is hereby amended by:
a) deleting immediately after the two occurrences of the word "section" the number "52"
replacing with the following: "47A"; and,
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b) deleting the code "CH-4" immediately after the phrase "within the lands zoned" and
replacing with the code "CR-5".
85. Provision 401 of Appendix `C' to By-law 85-1 is hereby amended by adding between the numbers
"73" and "83" the following new numbers: "74, 75".
86. Provision 105 of Appendix `D' to By-law 85-1 is hereby amended by deleting in their entirety the
following subsections: a) and g).
87. Provision 469 of Appendix `D' to By-law 85-1 is hereby amended by deleting immediately after the
phrase "setback shall be 2 metres" the following: "and the minimum rear yard setback shall be 10
metres.", and replacing with the following:
", the minimum rear yard setback shall be 10 metres and the maximum building height shall be
13 metres.".
88. Provision 470 of Appendix `D' to By-law 85-1 is hereby amended by deleting immediately after the
phrase "minimum lot area shall be" the following words: "1.16 hectares, the minimum lot width shall
be 87.5 metres and the minimum front yard setback shall be 64 metres.", and replacing with the
following:
"1 hectare, the minimum lot width shall be 81 metres, the minimum front yard setback shall be
64 metres and the maximum building height shall be 13 metres.".
89. Provision 471 of Appendix `D' to By-law 85-1 is hereby amended by deleting immediately after the
phrase "shall be 7.5 metres" the following: "and the minimum side yard setback shall be 2 metres.",
and replacing with the following:
", and the minimum side yard setback shall be 2 metres and the maximum building height shall
be 13 metres.".
90. Provision 509 of Appendix `D' to By-law 85-1 is hereby amended by adding immediately after the
phrase "parking spaces shall be required" in sub clause a) i) the following:
"and may be arranged in tandem in the driveway only as it existed on January 13, 2004."
91. Appendix `D' to By-law 85-1 is hereby amended by adding the following new section thereto as
follows:
"600R Notwithstanding anything else in this by-law, within the lands zoned R-6, as shown on
Schedule 129 of Appendix `A', as affected by this subsection, the garage shall be
15
permitted to project in front of the habitable portion of the dwelling only as shown on the
survey dated May 6, 2011."
92. Provision 9 of Appendix `F' of By-law 85-1 is hereby amended by deleting immediately after the
phrase `zoned D-6" the following: "on Schedule 84 of Appendix `A', and described as Part of Lots 56,
57, 58, 59, 60, 61, 62, 111, 112, 113, 115, 116, 117 and Part of lane (closed by By-law 1493
registered as Instrument No. A-36735), being Parts 1 to 10 inclusive and Part 12 on Plan 58R-
14293", and replacing with the following:
", shown as affected by this subsection on Schedule 84 of Appendix `A', multiple dwellings shall
not be permitted until such time as: "
93. Provision 47 of Appendix `F' of By-law 85-1 is hereby amended by deleting immediately after the
word "Schedules" the phrase "86 and 124" and replacing with the following: "83 and 122".
94. Provision 56 of Appendix `F' of By-law 85-1 is hereby omitted in its entirety.
PASSED at the Council Chambers in the City of Kitchener this day of
2012.
Mayor
Clerk
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