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HomeMy WebLinkAboutCSD-12-117 - Zone Change - Lancaster St W Mixed Use CorridorREPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: September 24, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Natalie Goss, Senior Planner 519-741-3400 ext. 3176 Sarah Longstaff, Policy Analyst (Planning) 519-741-3400 ext. 3154 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: August 23, 2012 REPORT NO.: CSD-12-117 SUBJECT: Lancaster Street West Mixed Use Corridor Zone Change ZC09/09/COK/HH RECOMMENDATION: That City-initiated Zone Change ZC/09/09/COK/HH being an amendment to Schedules 125 and 126 of Appendix A, sections 10, 11, 14, 190, 200, 320, 401 and, 421 of Appendix C, sections 1, 619, 620, 621, 622, 623, 624 and, 625 of Appendix D and section 65 of Appendix F of By-law Number 85-1 as they pertain to the Lancaster Street West Mixed Use Corridor for the purpose of changing the zoning from various zone classifications to Mixed-Use Corridor MU-1 and MU-2 zones with and without site-specific special provisions applying to these lands, be approved- August 16, 2012 attached as Appendix A to Report CSD-12-117. EXECUTIVE SUMMARY: In 2001 Council approved a new commercial policy structure based on a nodes and corridors land use planning m land use designations, including to seven corridors located on or near major transit routes in the Central Neighbourhoods. These land use designations were to be implemented over time through design guidelines and new zoning provisions. Subsequent to this, Council approved an Urban Design Brief and three new zones for the Mixed Use Corridors. Over the past three years Council has approved six City-initiated zone changes in the King Street West, Queen Street South, Victoria Street South, King Street East, Victoria Street North and, Belmont Avenue West Mixed Use Corridors implementing the Mixed Use Corridor zones and Urban Design Brief. At this point in time, staff are recommending that the Mixed Use Corridor zones be applied in the Lancaster Street West Mixed Use Corridor (Corridor). Introduction of new site specific provisions and revisions to existing site-specific provisions are also proposed as part of the zonechange. The purpose is to better align the zoning with the Official Plan policy objectives for Mixed Use Corridors. The proposed changes were determined through an extensive planning evaluation and public consultation process. í ó ï BACKGROUND: This report REPORT: Context In September 2001 Council adopted Mixed Use Corridor land use policies in its Official Plan. The Mixed Use Corridor land use designation currently applies to seven Mixed Use Corridors throughout the city. seven approved Mixed Use Corridors is attached as Appendix B. Generally, the Mixed Use Corridor land use policies encourage a broad range of commercial, institutional and residential land uses that support transit and are pedestrian-oriented. To implement these policies, Council approved an Urban Design Brief (2005) and three Mixed Use Corridor zones (2008) identifies the Mixed Use Corridors as high priority intensification areas. Over the past three years, Council has approved six City-initiated zone changes to implement the Mixed Use Corridor zones. At this point in time, staff are recommending a City-initiated zone change be approved to apply Mixed Use Corridor zoning to the lands within the final Council approved Mixed Use Corridor; the Lancaster Street West Mixed Use Corridor.  í ó î Overview The proposed zoning for the Corridor was determined through a comprehensive planning evaluation. This included a review of the applicable Official Plan policies, the Council-approved Design Brief for Mixed Use Corridors and a detailed site assessment of every property subject to the zone change. The review process included a number of site visits; internal review meetings, including meetings with City heritage planning staff; meetings with the Grand River Conservation Authority regarding the Grand River and Laurel Creek floodplain areas, and; public consultation. Background information and comments received through previous circulation of draft zoning assignments were also taken into consideration. Existing Zoning There are a number of zones existing throughout the Corridor including commercial, residential, institutional and, business park zones. Due to the location of the Grand River and Laurel Creek through this Corridor, portions of some properties are also zoned Existing Use (E-1) and Hazard Land (P-3). The E-1 zone allows for uses that already exist to continue and allows for uses that are similar to the existing use to occur. A map of the existing zoning of the corridor is attached as Appendix C. Recommended Zoning Many of the existing zones only allow a fairly limited range of uses and may not allow for, or promote, the built form desired by the Mixed Use Corridor Official Plan policies and Design Brief. The change from existing zones to a Mixed Use Corridor Zone (MU Zone) will allow for a use designation and will help to achieve the desired built form Design Brief.Appendix D provides a comparison between the existing zones relative to the proposed MU zones. The majority of properties in the Corridor are proposed to be rezoned to either Low Intensity Mixed Use Corridor (MU-1) or Medium Intensity Mixed Use Corridor (MU-2),with or without special provisions.There are no parcels proposed to change toHigh Intensity Mixed Use Corridor (MU-3). There are also portions of several properties within the Corridor that are currently zoned Existing Use (E-1) with or without special provisions. The E-1 zoning of these properties is to be retained. In addition, minor modifications to the boundary of the E-1 zone on the west side of Lancaster Street West are proposed in order to reflect updated floodplain mapping provided by the Grand River Conservation Authority. A map of the proposed zoning is attached as Appendix E. Notwithstanding the above, thecurrent Restricted Business Park (B-2) zoning of a portion of 526 Lancaster Street West and the property to the north of it is proposed to be retained. These lands do not have (CREL) that was . Additional discussion on this matter is included within the section of this report. In assigning the Mixed Use Corridor zone categories staff had regard for a number of planning considerations, including the Official Plan designation which emphasizes the importance of achieving a built form that is compatible with surrounding residential neighbourhoods. The Official Plan policies for Mixed Use Corridors are attached as Appendix F.Generally, the MU-1 zone is proposed in areas that abut low rise residential development(i.e. the west side of Lancaster Street West) or have lot sizes or floodplain constraints that would make redevelopment under the MU-2 zone challenging. The MU-2 zone is proposed where  í ó í development can be adequately separated from low rise residential uses (i.e. on the east side of Lancaster Street West where existing low rise residential development is separated from the Corridor by the Grand River or the existing business park). (June 2011) the Low Intensity Mixed Use Corridor (MU-1) and Medium Intensity Mixed Use Corridor (MU-2) zones are proposed thus restricting building heights to the limits outlined in the draft Official Plan designation above. Existing Special Provisions Special provisions (special regulation provisions, special use provisions and holding provisions) recognize special site specific circumstances and go beyond the details contained in the zoning to apply special requirements or permissions to individual sites. There are currently a number of existing special provisions throughout the Corridor. These special provisions were assessed and determinations were made as to whether to amend or delete each provision. A few special provisions are proposed to be deleted from applicable properties because they would become redundant under the proposed MU zoning or are not consistent with the policy objectives for the Mixed Use Corridors. Several special provisions are proposed to be modified to either reference the proposed MU zoning or to implement updated legislation related to floodplain matters. Appendix G summarizes the proposed actions for each existing special provision. Proposed Special Provisions In order to address special site specific circumstances, some properties require new special provisions to regulate such matters as building setbacks,minimum Floor Space Ratio, lot consolidation, Record of Site Condition requirements and, permitted uses within the two-zone flood plain policy area. In addition, a special provision is proposed for all properties within the Corridor to implement a special policy in the Official Plan which allows for free-standing retail uses to locate in existing and new buildings. A summary of the proposed special provisions is included in Appendix G. Employment Land Properties Mixed Use Corridors are intended to provide for commercial, multiple residential and mixed use redevelopment opportunities along specific corridors in the City. The preference is to include properties within the Corridor which have direct frontage along Lancaster Street West. The Restricted Business Park (B-2) zoned portion of 526 Lancaster Street West and the property to the north of it do not provide frontage along Lancaster Street West. ity Council approved the Comprehensive Review of Employment Lands Study (CREL) in 2010. The purpose of this study was to review Policy Statement. Policy 2.2.6 of the Growth Plan requires municipalities to plan, protect and preserve employment areas for current and future uses. Both 526 Lancaster Street West (the B-2 zoned portion) and the property to the north have Emplo  í ó ì For the above-mentioned reasons, these lands are not proposed to be rezoned to MU as part of the Lancaster Mixed Use Corridor zone change. These lands are proposed to be re-designated an employment type designation will also be removed from the boundary of the Corridor at that time. Legal Non-Conforming Status In situations where either the existing legal use or site conditions are not in conformity with what is being proposed, and there is no special provision in place that recognizes the non-conforming situation, such buildings will continue to be permitted as legal non-conforming. Special provisions to recognize unique existing uses or buildings are proposed for three lots within the Corridor. The long term intent is to see all the properties within the Corridor redevelop to become more consistent with the Mixed Use Corridor Official Plan policy objectives. Should any planning application be proposed, the new zoning requirements would apply. Minor variances from the MU zoning would be considered by the Committee of Adjustment. Expansion of legal non-conforming uses can also be considered by the Committee of Adjustment. Current Development Applications 526 Lancaster Street West In March 2012 the City received an application for site plan for the property located at 526 Lancaster Street West to permit a mixed use development in two buildings. One building is proposed to front on Lancaster Street West and contain a restaurant with a drive-through and the second building is proposed to front on Riverbend Drive andcontain commercial and office due to a number of outstanding issues related to site circulation and building massing was not approved in principle. Since that time, staff have been working with the applicant to resolve these outstanding issues. At the time of the writing of this report the outstanding issues had not been resolved and site plan approval in principle has not been granted.The site plan, as currently proposed, does not comply with the proposed MU-2 zoning of the site. Notwithstanding the site plan application for this site, staff are recommending that the zoning of the property be changed to MU-2. Department Comments In general comments from departments were supportive of the proposed zone change. A summary of department comments is below. A copy of the original comments can be found in Appendix I. Heritage The proposed zone change was reviewed by Heritage Planning staff. Heritage Planning Staff examined the Lancaster Street West area and in particular considered properties of potential cultural heritage value or interest, including properties previously identified on the Heritage Kitchener Inventory of Heritage Buildings. As part of the initial proposed zoning that was circulated to the public and agencies in May 2012, 537 Lancaster Street West and 544-546 Lancaster Street West were identified as being of potential cultural heritage value or interest. Since that time, through discussions with Heritage Kitchener and the Municipal Heritage Register Evaluation Sub-Committee, only one property within the Corridor, 544-546 Lancaster Street West, continues to be identified as being of potential cultural heritage value or interest. The property is listed on the Kitchener Inventory of Heritage Buildings and is currently developed with two duplexed buildings dating to c. 1900. Heritage Planning Staff have requested permission to access the property in order to complete a re-evaluation and assess whether the property is worthy of listing on the Municipal Heritage Register.  í ó ë Heritage Planning Staff advise that the City may require a Heritage Impact Assessment (HIA) where development is proposed on properties identified as being of cultural heritage value or interest (including properties listed on the Heritage Kitchener Inventory or on the Municipal Heritage Register). 544-546 Lancaster Street West continues to be of cultural heritage interest, subject to the findings and outcome of its re-evaluation for potential listing on the Municipal Heritage Register. Transportation Transportation Services staff advised that they have no concerns with the proposed zone change. Transportation studies may be required as part of development applications. Engineering The ering staff indicated that there is additional capacity within the sanitary infrastructure within this area and as such do not object to proposed zone change. Site specific engineering studies to confirm this may be required of proponents of future development applications. Agency Comments In general comments from Agencies were supportive of the proposed zone change. A summary of Agency comments is below. A copy of the original comments can be found in Appendix I. Region of Waterloo The Region expressed no objections to the proposed zone change. Regional Transportation Planning Staff advised that they do not object to the proposed zone change. They noted that future development applications may require Transportation Impact Studies, noise assessments, lot grading and drainage plans, transit requirements, stormwater management plans and consolidation of accesses along Lancaster Street West. Modification to accesses will also require an Access Permit from the Region. Regional Transportation Planning Staff also noted that the redevelopment of properties along Lancaster Street West may be subject to road widening dedications and possible Phase I and II Environmental Site Assessments for the road widening portions to be conveyed to the Region. Through the course of their review of this Corridor the Region identified a number or properties in the study area that are known or potentially contaminated or adjacent to sites that are known or potentially contaminated. The Chief Building Official was consulted and confirmed in a letter to the Region that a Record of Site Condition (RSC) will be required through the building permit process for all of the identified properties. As such, it is not necessary to require a RSC at this time. This is the same approach used in other Mixed Use Corridors. Grand River Conservation Authority A large portion of the Corridor is within the floodplain areas of the Grand River and Laurel Creek. Development potential of properties located within these areas may be restricted. Staff met with the Grand River Conservation Authority on several occasions to determine appropriate zoning of these sites and whether site specific provisions were needed. GRCA staff has reviewed the proposed zone change and in particular has reviewed the special provisions proposed to be modified or added that are related to the Grand River and Laurel Creek floodplain areas (Special Regulation Provision 1R (modified), Special Use Provision 10U (modified) and, Special Use Provision 421U (new)). GRCA staff have indicated that they have no objections to the proposed zone change, including these special provisions.  í ó ê Waterloo Region District School Board The Waterloo Regional District School Board advised that they have no concerns with the proposed zone change. Community Comments In general, the response from the community was supportive of the proposed zone change. Some of the questions, comments and concerns are outlined below. All written submissions are attached in Appendix J. Mixed Use Corridor Zones One submission expressed reservations about in the MU zones, citing that there is already the abundance of auto-related business within the corridor. Staff notes -law (By-law Number 85-1) does not permit the service of motor vehicles. One submission expressed concerns with the proposed zone change of their property (528 Lancaster Street West) and the property to the south (526 Lancaster Street West). An additional submission expressed concerns with the proposed zone change of 574 Lancaster Street West. In both cases retention of the existing commercial zoning was desired as they felt that it represented a more efficient use of these properties for the future. To achieve the overall vision of this Corridor and implement the Mixed Use Corridor land use designation adopted by City Council in 2001, staff are recommending a zone change of the entire corridor to appropriate mixed use zones. Under the proposed mixed use zoning, a number of the commercial uses currently permitted in the existing zones would continue to be allowed on their properties. In addition, these landowners would benefit from the mixed use zoning which would also allow a broader range of office, residential and institutional uses. One submission was received with respect to the scale of development permitted on two specific properties within the Corridor; 20 Shirk Place and 598-600 Lancaster Street West. It was indicated that the preference was for Medium Intensity Mixed Use Corridor Zoning (MU-2) rather than Low Intensity Mixed Use Corridor Zoning (MU-1) proposed for these properties as part of the first circulation.In considering this submission, staff assessed the appropriateness of zoning properties with frontage along the east side of Lancaster Street West and 20 Shirk Place MU-2. The Corridor is unique in that it is bordered by the Grand River to the east. As such, properties along the east side of Lancaster Street West are separated from residential properties by the Grand River. 20 Shirk Place is similar in that it is separated from existing residential uses by Laurel Creek. Given that an appropriate separation can be provided between existing low rise residential uses and these properties, staff are recommending that these properties be zoned MU-2 with and without special provisions (Appendix E). No objections were raised in response to this revision during the second circulation period. Traffic Two submissions were received citing concerns with a potential increase in traffic volumes as a result of the proposed zone change. Staff notes that the concern may primarily relate to the volume of thru-traffic movements in Bridgeport. Lancaster Street West is a Regional road and the Region did not have concerns with the proposed zone change and they continue to monitor in this area. With respect to traffic volumes associated with future development, staff notes that while there could be some increase to the traffic volumes within this area, an objective of the Mixed Use Corridor land use designation and zoning is to achieve a transit-supportive urban form. This means a change in the type of uses (away from auto-oriented uses that generate high volumes of traffic) to uses that are more conducive to pedestrians and transit users.  í ó é Moreover, Mixed Use Corridors are intended to become destinations by providing a wide range of uses. Some trips will be generated within the corridor itself and by adjacent residential/employment areas. As such, it is the hope that fewer users will rely on vehicular access and parking. Staff acknowledges that this change will take time. In the short term, staff will consider this in the review of future development applications. Staff will also monitor the performance of the MU zoning with respect to the uptake of on-site parking reductions, and with respect to changes in traffic volumes and on-street parking usage. Heritage Designation 537 Lancaster Street West The owner of 537 Lancaster Street West expressed concerns with the identification of this property as being of potential cultural heritage value or interest. As indicated above in comments received from Heritage Planning Staff, 537 Lancaster Street West is no longer considered to be of heritage interest.The owner advised that they are satisfied with this response. 540 Bridgeport Road The owner of 540 Bridgeport Road requested that this property be included within the Corridor to allow for commercial uses to be developed on the property and allow for the potential for it to be consolidated with the adjacent property to the east creating a more usable property. The and as such, consideration of properties outside these boundaries is not within the scope of this City-initiated zone change Mixed Use Corridors are intended to provide for commercial, multiple residential and mixed use development opportunities along specific corridors in the City. The preference within the Corridor is to include properties which provide direct frontage along Lancaster Street West. Staff acknowledges that there are six properties within the current boundaries of the Corridor that do not have frontage on Lancaster Street West. All of these properties are currently zoned for commercial uses. For these reasons, the inclusion of additional properties within the Corridor that do not front on Lancaster Street West or are not already anticipated (i.e. zoned) for commercial uses, including 540 Bridgeport Road, is not recommended. Sewer Capacity One submission was received expressing concerns with the proposed zone change placing an increased burden on the sanitary infrastructure in this area. As indicated above in comments there is additional capacity within the sanitary infrastructure in this area. Site specific engineering studies to confirm this may be required of proponents of future development applications. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed zone change is required to align the zoning of the Corridor Plan. The proposed zone change aligns with the City of Kitchener Strategic Plan community play within the boundaries of the Lancaster Mixed Use Corridor. FINANCIAL IMPLICATIONS: There are no new or additional capital budget requests with this recommendation.  í ó è COMMUNITY ENGAGEMENT: Preliminary circulation of the zone change was sent on May 16, 2012 to internal departments, prescribed agencies, and all property owners within 120 metres of the subject lands. Members of the public were invited to attend a public open house and/or submit written comments to provide input on the preliminary draft zoning. The preliminary draft zoning and information about the open house and the public consultation process were website. The public open house was held on May 30, 2012.Staff received several phone calls and emails pertaining to the proposed changes. Several written submissions were received. Staff gave due consideration to all feedback received through the community consultation process. Revisions to the preliminary draft zoning were made and revised draft zoning was recirculated to all property owners within 120 metres of the subject lands on July 10, 2012.Two submissions were received from members of the public. These submissions are addressed in attached as Appendix J. Notice of the September 24, 2012 public meeting of the Planning and Strategic Initiatives Committee was advertised in the Record on August 31, 2012. A copy of the advertisement is attached as Appendix H. Property owners who submitted comments or requested notice of the public meeting were also notified by email and by post where mailing addresses were provided. CONCLUSION: In summary, the proposed changes for the Lancaster Street West Mixed Use corridor will Strategic Plan. Therefore, it is recommended that Zone Change ZC09/09/COK/HH be approved. REVIEWED BY: Brandon Sloan, Manager of Long Range and Policy Planning ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments: Proposed Zoning By-law Map of Mixed Use Corridors Map of Existing Zoning in the Lancaster Street West Mixed Use Corridor Zoning Summary Charts: Permitted Uses and Regulations Map of Proposed Zoning in the Lancaster Street West Mixed Use Corridor Official Plan Policies for Mixed Use Corridors Summary of Existing Special Provisions and Summary of Proposed New Special Provisions - Public Meeting Newspaper Advertisement - Internal Department and Agency Comments - Community Comments received following May 16, 2012 and July 10, 2012 circulations  í ó ç APPENDIX A PROPOSED ZONING BYLAW PROPOSED BY LAW August 16,2012 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) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule No.125 of Appendix to By-law Number 85-1is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and Special Use Provision 401U. 2. Schedule No. 125 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 3. Schedule No. 125 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 619R and 624R. 4. Schedule No. 125 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 320U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and Special Use Provision 401U. 5. Schedule No. 125 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 5 on í ó ïð Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 17R to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 6. Schedule No. 125 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Institutional Zone (I-1) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 7. Schedule Nos. 125 and 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 7 on Map No. 1, in the City of Kitchener, attached hereto, from Arterial Commercial Zone (C-6) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 8. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 8 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 200U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 621R and 624R. 9. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 9 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 200U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 620Rand624R and Holding Provision 65H. 10. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 10 on Map No. 1, in the City of Kitchener, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 200U to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 11. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 11 on Map No. 1, in the City of Kitchener, attached hereto, from Residential Eight Zone (R-8) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 12. Schedule No. -law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 12 on Map No. 1, in the City of Kitchener, attached hereto from Restricted Business Park í ó ïï Zone (B-2) with Special Regulation Provision 32R and Special Use Provision 107U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 13. Schedule No. -law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 13 on Map No. 1, in the City of Kitchener, attached hereto from Residential Eight Zone (R- 8) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 14. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 14 on Map No. 1, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Use Provision 11U to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provisions 622R and 624R. 15. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 15 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Medium Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 624R. 16. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 16 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R. 17. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 17 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 14U to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1R, Special Regulation Provision 624R and Special Use Provision 421U. 18. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 18 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 624R and modified Special Use Provision 401U. 19. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 19 on í ó ïî Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Medium Intensity Mixed Use Corridor Zone (MU-2) with modifiedSpecial Regulation Provision 1R, Special Regulation Provisions 624R and 625R and Special Use Provision 421U. 20. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 20on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1R, Special Regulation Provision 624R, modified Special Use Provision 401U and Special Use Provision 421U. 21. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 21on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1R, Special Regulation Provisions 624R and 625R and Special Use Provision 421U. 22. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 22 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1R, Special Regulation Provision 624R and Special Use Provision 421U. 23. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 23 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1R, Special Regulation Provision 624R, modified Special Use Provision 10U and Special Use Provision 421U. 24. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 24 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision í ó ïí 10U to Low Intensity Mixed Use Corridor Zone (MU-1) with modified Special Regulation Provision 1R, Special Regulation Provisions 624R and 625R and modified Special Use Provision 10U and Special Use Provision 421U. 25. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 25 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1R and Special Regulation Provisions 623R, 624R and 625R. 26. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 26on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) to Existing Use Zone (E-1) with modified Special Use Provision 190U. 27. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 27 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 14U to Existing Use Zone (E-1) with modified Special Use Provision 190U. 28. Schedule No. 126 of Appendix to By-law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 28 on Map No. 2, in the City of Kitchener, attached hereto from Community Commercial Core Zone (C-4) with Special Regulation Provision 1R and Special Use Provision 10U to Existing Use Zone (E-1) with modified Special Use Provision 190U. 29. Schedule No. -law Number 85-1 is hereby amended by changing the zoning applicable to the lands specified and illustrated as Area 29 on Map No. 2, in the City of Kitchener, attached hereto from Existing Use Zone (E-1) to Medium Intensity Mixed Use Corridor Zone (MU-2) with modified Special Regulation Provision 1R,Special Regulation Provision 624R and Special Use Provision 421U. 30. Schedules Nos. 125 and 126 of Appendix 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. 31. Appendix to By-law Number 85-1 is hereby amended by a) deleting Sections 11, 14, 200and, 320; b) modifying Sections 10, 190 and, 401 thereto as follows: í ó ïì -law, within the MU-1 zoned lands identified within this Subsection on Schedule 126 of Appendix , dwelling tanding Section 48.1 of this By-law, within lands zoned E-1 and shown on Schedules 126 and 127 of Appendix the uses permitted in Sections 10.1, 53.1 and 54.1 but not included those prohibited by Section 48.2, shall also be 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, 74, 75, 83, 84, 86, 119, 120, 122, 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 ; and c) adding Section 421 thereto as follows: -law within the MU-1 and MU-2 zoned lands identified within this subsection on Schedule 126 of Appendix , the following uses shall not be permitted: Day Care facilities Educational Establishments Residential Care Facility 32.-law Number 85-1 is hereby amended by: a) Modifying Section 1 thereto as follows: -law, within any lands shown in Appendix as affected by this Subsection, prior to the development of any land, interference with wetlands or alterations to shorelines or watercourses, a permit í ó ïë shall be obtained from the Grand River Conservation Authority, where required by b) Adding Sections 619, 620, 621, 622, 623, 624 and 625 thereto as follows: ithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and following special regulations shall apply: a) the Lancaster Street West street line shall be the front lot line; b) the Bridgeport Road street line shall be a side lot line abutting a street and the minimum setback shall be 1.5 metres; c) the Hamel Street street line shall be a side lot line abutting a street and the minimum setback shall be 3.0 metres, d) the lot line adjacent to 543 Bridgeport Road shall be the side lot line and no minimum setback shall be required; and e) the minimum Floor Space Ratio, maximum front yard setback, minimum width of primary ground floor façade and, minimum percentage of façade openings shown on the approved site plan dated August 24, 2012 shall be deemed to comply -law, within the lands zoned MU-1 minimum easterly side yard setback shall be 0.009 metres for the detached accessory building existing on the date of passing of the By- Notwithstanding Section 53.2 of this By-law, within the lands zoned MU-1 and shown as affected by this subsection on Schedule 126 of Notwithstanding Section 54.2 of this By-law, within the lands zoned MU-2 and following special regulations shall apply: a) a maximum front yard setback will not be required; b) a minimum width of primary ground floor façade will not be required; and c) for non-residential uses, not less than five (5) per cent of the area of primary ground floor façade shall be devoted to display windows or entrances to the building a maximum horizontal distance between display windows or -law, within the lands zoned MU-2 and shown as affected by this special regulations shall apply: a) í ó ïê -law, within the lands zoned MU-1 and MU-2 and shown as affected by this subsection on Schedules 125 -standing retail uses will be permitted to locate within 4.2 of this By-law within lands zoned MU- 1 and MU-2 and shown as affected by this subsection on Schedule 126 of all not apply to the following: a) additions to or expansions of a building(s) existing on the date of passing of this By-law, and; b) building(s) being added to the lot where a building(s) existed on the date of passing of this By-law provided that the existing building(s) are retained. The cumulative Gross Floor Area of the building(s) on the lot must be equal to or greater than the Gross Floor Area existing on the date of passing of this By- 33.-law Number 85-1 is hereby amended by: a) Adding Section 65 thereto as follows: -law, within the lands zoned MU-1 on be permitted in accordance with the regulations of Section 8.2 of this By-law until such time as the holding symbol affecting the lands has been removed by By-law: Canine or Feline Grooming Day Care Facility Educational Establishment Financial Establishment Health Clinic Office Personal Services Religious Institution Repair Service Restaurant Retail Studio The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Lancaster Street West and a site plan including site access from Lancaster Street West and appropriate site buffering measures has PASSED at the Council Chambers in the City of Kitchener this í ó ïé day of ,2012 _____________________________ Mayor _____________________________ Clerk í ó ïè ÐßÎÌ íÐßÎÌ íÐßÎÌ í ÐßÎÌ ïÐßÎÌ ïÐßÎÌ ïÐßÎÌ îÐßÎÌ îÐßÎÌ î ÐÔßÒ ëèÎóïïçççÐÔßÒ ëèÎóïïçççÐÔßÒ ëèÎóïïççç ÔßÒÝßÍÌÛÎ ÍÌ É ÐßÎÌ éÐßÎÌ éÐßÎÌ éÐßÎÌ êÐßÎÌ êÐßÎÌ ê ÐßÎÌ ëÐßÎÌ ëÐßÎÌ ë í ó ïç í ó îð ûìì÷îøóäú ï ûìíöïóä÷øçé÷ùíêêóøíêé ïóä÷øçé÷ùíêêóøíêé í ó îï APPENDIX C MAP OF EXISTING ZONING IN THE LANCASTER STREET WEST MIXED USE CORRIDOR  í ó îî í ó îí í ó îì í ó îë í ó îê APPENDIX E MAP OF PROPOSED ZONING IN THE LANCASTER STREET WEST MIXED USE CORRIDOR  í ó îé APPENDIX F OFFICIAL PLAN POLICIES FOR MIXED USE CORRIDORS Part 3 Section 4 Commercial Areas Policy 4.3 Mixed Use Corridor Mixed Use Corridors are linear in form and recognize the evolution of uses along major corridors in the inner city. These corridors are primarily intended to serve the adjacent residential neighbourhoods and employment areas and allow for intensive, transit supportive development. Mixed Use Corridors provide residential redevelopment opportunities together with appropriate commercial and institutional uses that primarily serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use Corridors shall intensify and provide a balanced distribution of commercial, multiple residential and institutional uses. Individual properties within Mixed Use Corridors shall be zoned to achieve this distribution of uses. A broad range of commercial uses shall be permitted, including freestanding office and small retail. The full range of institutional uses as well as multiple residential uses shall also be permitted. To achieve a built form that is compatible with surrounding low rise residential development, is pedestrian oriented and allows for a balanced distribution of retailing outside of other commercial nodes, the size of retail establishments shall be regulated. In this respect, retail uses shall be permitted to have a maximum gross floor area of 1,000 square metres and shall only locate within existing buildings or internal to large mixed us developments. All other retail uses legally existing on September 17, 2001 shall be recognized and shall be permitted to expand on the existing lot by a maximum of 25 percent. Mixed Use Corridors generally have strong pedestrian linkages with the surrounding residential neighbourhoods. To strengthen these linkages, new development may be required to orient a portion of the building mass to the street, provide for integration of cycling facilities, provide on- site pedestrian facilities, and provide pedestrian connections to abutting developments or offsite transit facilities. To achieve this objective, the City of Kitchener may also impose maximum front yard setbacks, limit vehicular parking between the building façade and the street and will require specific façade treatments such as window or door openings and minimization of blank walls. New development shall be compatible with surrounding residential neighbourhoods and will be of an appropriate height and density in relation to adjacent low rise residential development. In locations that immediately abut low rise residential land uses, new development shall be permitted having a minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0. However, new development may be permitted to exceed this maximum Floor Space Ratio in locations which abut arterial or major collector roads, are well separated from low rise residential development and have adequate municipal infrastructure.In such cases, the City of Kitchener may impose a minimum Floor Space Ratio of 1.0 and a maximum Floor Space Ratio of 4.0. Notwithstanding the above, new residential development shall not be permitted within the Mixed Use Corridor along Victoria Street North, where it abuts the main CN Railway line. Notwithstanding the above, for parcels located between King Street East, Charles Street East, Cedar Street South and Preston Street in the King Street East Mixed Use Corridor, new food store use shall be permitted to have a maximum gross floor area of 5,000 square metres í ó îè provided that the use is located internal to a large mixed use development. Additional gross floor area for the food store use above the 5,000 square metre maximum may be considered where the gross floor area in excess of the 5,000 square metre maximum is located in upper storeys. For large mixed use development incorporating a food store use with a gross floor area greater than 1,000 square metres, up to 1,000 square metres of additional gross floor area may be devoted to other retail uses and the maximum Floor Space Ratio of the entire development shall be 5.0. Part 3 Section 12 Special Policies Policy 33 Lancaster Mixed Use Corridor Notwithstanding the Mixed Use Corridor designation along Lancaster Street West, retail uses shall be permitted to locate within new buildings, to a maximum size of 1,000 square metres. í ó îç APPENDIX G SUMMARY OF EXISTING SPECIAL PROVISIONS TextProperty(ies)RetainAmendRemoveComment Notwithstanding anything else in this By-law, within any lands shown in Appendix "A" as affected by this Subsection prior to the erection 20 Shirk Place of any permitted building or any placement of This regulation is proposed to be modified to 1R fill, a Fill, Construction and Alteration to 580-582, 595, 598, 601, 603, reference the applicable Ontario Regulation Waterways Permit shall be obtained from the 605, 606, 609, 610, 611, 615, (150/06) and include the requirment for a permit Grand River Conservation Authority, in 616, 617, 618, 623 Lancaster within lands identified by the GRCA as "steep accordance with Regulation 149.Street Wslope". 483, 439, 493-499, 504, 514, The proposed MU-1 and MU-2 zoning allows for 17R The minimum lot width requirement shall be 518 Lancaster Street Wa minimum lot width of 15.0m and does not 18.0 metres and the minimum lot area impose a minimum lot area, therefore this requirement shall be 550.0 square metres543, 585 Bridgeport Rdspecial regulation is redundant. This special regulation applies to lands zoned B- 2. As the portion of this property which is currently zoned B-2 is proposed to be rezoned 32R No building shall be erected within 7.62 metres to MU-2, this special regulation is no longer of a Hazard Land (P-3) zone boundary564 Lancaster Street Wapplicable. This policy currently applies to all properties within the flood fringe portion of the Two-Zone Flood Plain Policy Area (595, 598, 601, 603, 605, 606, 609, 610, 611, 615, 616, 617, 618, 10U 623 Lancster Street W and 20 Shirk Place). In Notwithstanding Sections 10.1 or 10.2 of this By-consultation with the GRCA, this special use law, within the C-4 zoned lands identified with provision is proposed to be retained for 618 and this Subsection on Schedule 126 of Appendix 618 and 623 Lancaster Street 623 Lancaster Street W only as dwelling units "A", dwelling units shall not be permitted.Wmay be considered on all other properties. Notwithstanding Section 10.1 of this By-law, within lands zoned C-4 on Schedule 126 of Appeneix "A", described as Part of Lot 59, G.C.T. and Part of Lot 12 of Registered Plan The proposed MU-2 zoning of this site does not 11U 577 (Eby Devitt's Survey), more particularly permit manufacturing uses as they are not described as Part 5, Plan 58R-1192 and Parts consistent with the long term vision of this 9, 11, 12, 13 and 15, Plan 58R-1552; corridor. As such, this special use provision is manufacturing shall also be permitted564 Lancaster Street Wproposed to be removed. Nothwithstanding Section 10.1 of this By-law within the C-4 zoned lands identified on Schedule 126 of Appendix "A" a) dwelling units shall not be permitted b) manufacturing shall be permitted except for - manufacutring of non-metallic mineral The proposed MU-2 zoning of this site does not productspermit manufacturing uses as they are not 14U - processing, packing or canning of feed, meat, consistent with the long term vision of this poultry or fish productscorridor. As such, this special use provision is - processing or refining of petroleum or coalproposed to be removed. In addition, this - primary production of chemicals, rubber or special use provision is proposed to be plasticreplaced with Special Use Provision 421U to - smelting, retining, rolling or extruding of ore or ensure that uses which would pose a significant metalthreat to the safety of inhabitants in the event of - tanning or processing of pelts or leather20 Shirk Placeflooding are not permitted. Notwithstanding Sections 24.1, 24.2, 25.1 or 25.2 of this By-law within the lands zoned B-2 or B-3 on Schedules 96, 102, 125, 126, 137 and 138 of Appedix "A", as described as Part Lot 157, German Tract, part of Lot 59, German Company Tract and part of Lot A, Registered Plan 40, designated as Parts 1 to 9 inclusive, 11 to 25 inclusive, 28 to 31 inclusive and 35 of Plan 58R-7231 and Part 3 on Plan 58R-7150: a) Office Use including industrial administrative offices shall also be permitted b) The following uses shall not be permitted: 107U Building material and Decorating Supply Sales Commercial Parking Facility Manufacturing Printing Establishment Religious Institution Repair Service Sale, Rental, Storage or Service of Tools and Industrial, Farm or Catering Equipment Service, Storage or Repair of Motor Vehicles or Major Recreational Equipment Trademan or Contractor's Establishment The proposed MU-2 zoning of this site does not Transportation Depot permit manufacturing uses as they are not Truck Transport Terminal consistent with the long term vision of this Veterinary Services corridor. As such, this special use provision is Warehouse proposed to be removed. Wholesaling564 Lancaster Street W í ó íð TextProperty(ies)RetainAmendRemoveComment Notwithstanding Sections 10.1 or 10.2 of this By- law, within lands zoned E-1 and shown on 11, 15-19 and, 20 Shirk Place 190U Schedules 126 and 127 of Appendix "A" the This special use provision is proposed to be uses permitted in Section 10.1, but not 569, 595-599, 601, 603, 605, modified to reference the MU-1 and MU-2 including those prohibited by Section 48.2 shall 609, 611, 615, 616, 617, 618, zones. The intent of this special use provision also be permitted.623 Lancaster Street Wremains the same. i) The following additional uses shall be permitted in accordance with the regulations set out in Section 40.2: Duplex Dwelling Dwelling Unit Home Business Lodging House Multiple Dwelling Private Home Day Care Residential Care Facility Semi-Detached Dwelling Single Detached Dwelling 200U Street Townhouse Dwelling ii) The following uses shall be prohibited: Carwash Gas Station iii) The following special regulations shall apply for all uses other than those listed in i) above Minimum Lot Area - 500 square metres Minimum Lot Width - 12 metres5 Lang CrescentThe proposed MU-1 zoning permits and Minimum Side Yard - 1.2 metresprohibits the uses within this special use Maximum Gross Leasable Commercial Space 531, 537, 539, 541, 543, 547, provision and also allows for similar regulations. for Retail - No single retail outlet shall exceed 549, 553, 555 Lancaster As such this special use provision is proposed 225.0 square metresStreet Wto be deleted. a) A multiple dwelling shall be permitted in accordance with the regulations of Section 8.2; b) The maximum number of dwelling units in a multiple dwelling shall be three; c) Dwelling units do not need to be located 320U within the same building as commercial uses, and may be located on the ground floor d) The minimum lot width shall be 15.0 metres e) The minimum lot area shall be 550.0 square metres f) For the multiple dwelling within the building, The proposed MU-1 zoning provides for all existing on November 24, 2003 (being the date uses and regulations dealt with in this special of the passing of this By-law), the minimum use provision. As such this special use westerly side yard setback shall be 1.4 metres.provision is proposed to be deleted. 539 Bridgeport Rd í ó íï APPENDIX G SUMMARY OF NEW SPECIAL PROVISIONS Type#TextProperty(ies)Description Notwithstanding Section 53.2 of this By-law, within the lands 493-499 Lancaster Street WThe purpose of this special regulation is to ensure that should zoned MU-1 and shown as affected by this subsection on the site redevelop, buildings would be oriented towards Schedule 126 of Appendix "A", the following special regulations Lancaster Street West and that a consistent street edge will be shall apply:provided along Bridgepoprt Road. These principles are in a) the Lancaster Street West street line shall be the front lot keeping with the City's Urban Design Manual for Mixed Use line;Corridors. The minimum setbacks, Floor Space Ratio, width of b) the Bridgeport Road street line shlal be a side lot line abutting primary ground floor facade and percentage of facade openings a street and the minimum setback shall be 1.5 metres;upholds the approval of the site plan. c) the Hamel Street street line shall be a side lot line abutting a street and the minimum setback shall be 3.0 metres, 619R d) the lot line adjacent to 543 Bridgeport Road shall be the side lot line and no minimum setback shall be required, and; e) the minimum Floor Space Ratio, maximum front yard setback, minimum width of primary ground floor facade and, minimum percentage of facade openings shown on the approved site plan dated August 24, 2012 shall be deemed to comply. Notwithstanding Section 5.5.2c) of this By-law, within the lands 5 Lang CrescentThis special regulation upholds the minor variance approved by zoned MU-1 and shown as affected by this subsection on the Committee of Adjustment in January 2002. It applies only to Schedule 126 of Appendix "A",the minimum easterly side yard the building as it exists on the date of passing of the By-law. 620Rsetback shall be 0.009 metres for the detached accessory Should the proposed MU-1 zoning be approved, any future building existing on the date of passing of the By-law.change to the existing building or redevelopment of the site will be subject to the regulations contained in the MU-1 zoning. Notwithstanding Section 53.2 of this By-law, within the lands 531 Lancaster Street WAccording to Section 4: Definitions of the Zoning By-law, in the zoned MU-1 and shown as affected by this subsection on case of a corner lot, the front lot line is considered to be the Schedule 126 of Appendix "A", the Lancaster Street West lot shorter lot line abutting a street. If the property contains or is line shall be the front lot line.proposed to contain a single detached, semi-detached or duplex dwelling, any lot line abutting a street may be deemed to 621R be the front lot line. The purpose of this special regulation is to ensure that should the site redevelop, buildings would be oriented towards Lancaster Street W and located close to both intersections. These principles are in keeping with the City's Urban Design Manual for Mixed Use Corridors. Notwithstanding Section 54.2 of this By-law, within the lands 564 Lancaster Street WThis special regulation recognizes the unique lot configuration of zoned MU-2 and shown as affected by this subsection on this property and that it limits the possibility of having a building Schedule 126 of Appendix "A", the following special regulations located near the lot line along Lancaster Street W. shall apply: a) a maximum front yard setback will not be required b) a minimum width of primary ground floor facade will not be 622R required; and c) for non residential uses, not less than 5 percent of the area of primary ground floor facade shall be devoted to display windows or entrances to the building; a maximum horizontal distance between display windows or entrances will not be applied. Notwithstanding Section 54.2 of this By-law, within the lands 580 Lancaster Street WThis special regulation is being proposed to recognize the zoned MU-2 and shown as affected by this subsection on existing buildings on the lot. 623RSchedule 126 of Appendix "A", the following special regulations shall apply: a) the minimum front yard setback shall be 1.2 metres. Notwithstanding Section 53.2.2 and 54.2.2 of this By-law, within All propertiesThis special regulation is being proposed to implement Special the lands zoned MU-1 and MU-2 and shown as affecgted by Policy 33 in the Official Plan. this subsection on Schedule 126 of Appendix "A", free-standing 624R retail uses will be permitted to locate within existing and new buildings, to a maximum gross floor area of 1,000 square metres. Notwithstanding Sections 53.2 and 54.2 of this By-law within 580-82, 598-600, 606, 610, The purpose of this special regulation is to provide flexibility on lands zoned MU-1 and MU-2 and shown as affected by this 616 and 618 Lancaster Street the MU-1 and MU-2 floor space ratio requirements given the subsection on Schedule 126 of Appendix "A", the minimum Wlocation of the floodplain and steep slope through these sites. Floor Space Ratio shall not apply to the following: a) additions to or expansions of a building(s) existing on the date of passing of this By-law, and; 625R b) building(s) being added to a lot where a building(s) existed on the date of passing of this By-law provided that the existing building(s) are retained. The cumulative Gross Floor Area of the building(s) on the lot must be equal to or greater than the Gross Floor Area existing on the date of passing of this By-law. í ó íî # TypeTextProperty(ies)Description Notwithstanding Section 53.1 of this By-law, within the lands 5 Lang CrescentThe purpose of this holding provision is to ensure that should zoned MU-1 on Schedule 126 of Appendix "A", the following the property redevelop, buildings would be oriented towards uses and uses accessory thereto may be permitted in Lancaster Street W. This principle is in keeping with the City's accordance with the regulations of Section 8.2 of this By-law Urban Design Manual for Mixed Use Corridors and the Mixed until such time as the holding symbol affecting the lands has Use Corridor zoning. been removed by By-law: Canine or Feline Grooming; Day Care Facility; Educational Establishment; Financial Establishment; Health Clinic; Office; 65H Personal Services; Religious Institution; Repair Service; Restaurant; Retail; Studio; Veterinary Services. The holding symbol shall not be removed until such time as the lands have been consolidated with lands fronting Lancaster Street West and a site plan including site access from Lancaster Street West and appropriate site buffering measures has been approved by the City's Director of Planning. These lands have been identified by the Region of Waterloo as 483, 514, 518, 581, 585, 587, The provision requires that the owner obtain a Record of Site of the date of passing of this By-law as requiring further 595 Lancster Street W.Condition ackowledged by the Ministry of Environment before environmental consideration. Notwithstanding Sections 53.1, certain uses may be introduced on the property. This special 54.1 or 55.1 of this By-law, within the lands zoned MU-1, MU-2 543 Bridgeport Roaduse provision does not apply to the current use of the property or MU-3 as shown on Schedules 73, 83, 84, 86, 119, 120, 122, or majority of uses permitted under the Mixed Use Corridor 125, 126, 142, 143, 173, 174 of Appendix "A", as affected by zoning (e.g. commercial uses). 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 401U been completed in accordance with the relevant Ontario legislation: Day Care Facility Duplex Dwelling Lodging House having 9 residents or more Multiple Dwelling Residential Care Facility Single Detached Dwelling Street Townhouse Dwelling Tourist Home Notwithstanding Sections 53.1, 53.2, 54.1 or, 54.2 of this By-595, 598, 601, 603, +06, 606, This special use provision will apply to all properties within the law within the MU-1 and MU-2 zoned lands identified within this 609, 610, 611, 615, 616, 617, flood fringe portion of the Two-Zone Flood Plain Policy area. subsection on Schedule 126 of Appendix "A", the following uses 618, 623 Lancaster Street W.The intent is to prohibit uses which would pose a significant 421Ushall not be permitted:threat to the safety of inhabitants in the event of flooding. Day Care facilities20 Shirk Place Educational establishements Residential Care facilities í ó íí APPENDIX H PUBLIC MEETING NEWSPAPER ADVERTISEMENT Advertised in The Record August 31, 2012 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT Lancaster Street West Mixed Use Corridor -law to rezone the properties within the Lancaster Street West Mixed Use Corridor. The subject lands are generally located along Lancaster Street West between Hamel Street and Bridge Street East. Mapping of the Mixed Use Corridor area subject to this Zoning By-law amendment is http://www.kitchener.ca/living_kitchener/mix_use.html. Numerous properties are proposed to be rezoned to Mixed Use Corridor MU-1 and MU-2 zones. These zones allow for a broad range of commercial, institutional and residential land uses that support transit and are pedestrian-oriented. Introduction of new site-specific provisions and revisions to existing site-specific provisions are also proposed as part of the Zoning By-law amendment. The purpose of the proposed Zoning By-law amendment is to bring the zoning of the subject lands into conformity with the Official Plan policy objectives for Mixed Use Corridors. The proposed Zoning By-law amendment would have the effect of changing the range of permitted uses and land use regulations for the subject lands. Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: TH MONDAY, SEPTEMBER 24, 2012 at 7:00 P.M. nd COUNCIL CHAMBERS, 2 FLOOR, CITY HALL 200 KING STREET WEST, KITCHENER. Any person may attend the Public Meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted proposal. If a person or public body that files a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Thursday morning prior to the meeting click on the th meeting date in the Calendar of Events), or in person at the Community Services Department - Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Natalie Goss, Senior Planner (Policy),519-741-3400 ext. 3176, (TTY:1-866-969-9994) natalie.goss@kitchener.ca Sarah Longstaff, Policy Analyst (Planning), 519-741-3400 ext. 3154 (TTY: 1-866-969-9994) sarah.longstaff@kitchener.ca í ó íì í ó íë í ó íê í ó íé í ó íè í ó íç í ó ìð í ó ìï í ó ìî í ó ìí í ó ìì í ó ìë í ó ìê í ó ìé í ó ìè í ó ìç í ó ëð í ó ëï í ó ëî í ó ëí