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HomeMy WebLinkAboutCSD-13-091 - Zoning By-law Interim Update REPORT TO: Planning and Strategic Initiatives Committee DATE OF MEETING: October 21, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Planner(519-741-2200x7070) Brandon Sloan, Manager of Long Range and Policy Planning Alain Pinard, Director of Planning WARD(S) INVOLVED: All DATE OF REPORT: October 10, 2013 REPORT NO.: CSD-13-091 SUBJECT: CITY OF KITCHENER ZONING BY-LAW 85-1 PHASE 2: INTERIM UPDATE ZONE CHANGE AMENDMENT ZC13/08/COK/GS OFFICIAL PLAN AMENDMENT OPA13/02/COK/GS RECOMMENTATION: A. That City-initiated Official Plan Amendment OPA13/02/COK/GS to amend specific policies in Part 3 and 4 and to amend Map 4 and Map 12,be adopted, in the form shown in the proposed Official Plan Amendment attached to Report CSD-13- accordingly forwarded to the Region of Waterloo for approval; AND FURTHER B. That City-initiated zone change amendment ZC12/008/B/GS (Phase 2: Interim Update) to amend general as well as site specific provisions, be approved in the form shown in the - October 7, 2013, attached to Report CSD 13-091 as Appendix BACKGROUND: Report CSD-13-067 was presented to the Planning and Strategic Initiatives Committee (PSIC) on June 17, 2013 outlining the three phase process for oning By-law. Council recently approved Phase 1, the Annual Zoning By-law Amendment, through consideration of Report CSD-13-087. This report outlines the recommended amendments to the Official Plan and Zoning By-law to complete Phase 2: Interim Update.This report also addresses Current Actions No. 2 and 3 of Report CSD-13-084 thatwas presented to PSIC on August 12, 2013 and is related to some of the discussion items at the August PSIC and Council sessions regarding Official Plan topics. More substantial changes to the Zoning By-law are pending as part of the Comprehensive Review (Phase 3) following the adoption and approval of the new Official Plan. The work program is currently being prepared for the Comprehensive Zoning By-law Review. REPORT: The Phase 2: Interim Update review has identified that there are a number of changes that should be -law 85-1that would assist in providing greater clarification and consistency with the administration of the By-law. There are also a number of changes that could be made now in advance of the Comprehensive Review which will likely take several years. The Phase 2 updates are in three groupings: a change to the current Official Plan, changes to the current Official Plan and Zoning By- law and changes to the Zoning By-law only. 4 - 1 Proposed Change to the Official Plan Only A minor change is required to amend Special Policy 41 in the Official Plan (52 Shanley Street) in order to recognize that the existing building is four storeys in height, not three. Proposed Changes to the Existing Official Plan and the Zoning By-law This section outlines several proposed changes to holding provisions, uses or regulations in the Zoning By-law which, although they reflect the general intent of the Official Plan, an amendment is required to provide greater clarity. Queen/Benton Street Diversion In a letter dated May 3, 2013, Regional staff indicated to the City of Kitchener that the Benton Street Diversion is no longer a planned Regional Road and is not included in the Regional Official Plan (ROP). This letter implements the requirement of Special Policies 7 and 14 in theMill Courtland Woodside Park Secondary Plan and Holding Provisions 20H and 24H and as such, they can now be removed from the lands identified in the adjacent map. Institutional Uses Removed from Employment Areas Currently, Religious Institutions and Educational Establishments are permitted to occupy up to 25% of the floor area of a building in the Industrial and Business Park areas. This regulation was put in place as an interim step as many prime industrial employment sites were under threat and it was expected that new Provincial policy direction would soon require a further level of protection. The Provincial Policy Statement and Places to Grow now direct municipalities to promote economic development and competitiveness by ensuring and protecting a sufficient land supply in Employment Areas to meet long term industrial employment needs and to protect prime industrial land. As a next step, a small wording change is proposed to the existing Official Plan to remove reference to -rial designations. Changes to the Industrial Zones (M-1, M-2, M-3, M-4) and Business Park Zones (B-1, B-2, B-3, B-4) are recommended in order to remove Religious Institutions and Education Establishments as permitted uses. The need to make these land use changes to Employment Areas and the inter-relationship with certain Institutional uses was provided and discussed in Report CSD-13-067 in June 2013 and at the August 12, 2013 Council Strategy Session for the new Official Plan. Religious Institutions in Planned Commercial Campuses Through the preparation of the new Official Plan, staff undertook a review of all properties that are currently nstitutional categories to accommodate specific institutional uses, such as Religious Institutions. As a result of that review, several properties are now proposed to be designated as Institutional in the new draft Official Plan (beyond what is currently designated); along with permitting certain institutional uses in specific land use designations. The Zoning By-law would be updated accordingly. This topic was introduced and discussed through Report CSD-13-067, including the Background Information Paper, and in one of the Council Strategy Sessions regarding the new Official Plan in August 2013. Since there continues to be some interest in identifying sites that are suitable for large-scale, city or regional-oriented Religious Institutions, and since there is recognizable change and evolution occurring in large commercial campus areas, as in interim step before the new Official Plan is approved, Planning staff are recommending to permit Religious Institutions within the Planned Commercial Campus Official Plan designation and the corresponding C-8 zoning. 4 - 2 The Planned Commercial Campuses (Gateway Park, The Sunrise Centre, The Boardwalk, and the Laurentian Power Centre) are large sites with access to the highway and regional road system, typically contain sufficiently large parking areas and have or could have large building footprints.These are often desirable criteria for large scale Religious Institutions. It is anticipated that as commercial sites age and evolve, this change could allow an additional opportunity to redevelop or re-use vacant or underutilized space into a Religious Institution. This use is considered to be compatible, may provide added use or efficiency of land at different times than commercial space, may provide some benefit to nearby commercial uses and is not expected to remove a significant amount of land from the commercial inventory. Since the development of some Commercial Campuses is more recent than others, it is therefore expected that not all areas will take advantage of the new use opportunity in the near future. This does provide an additional opportunity for operators of this use to consider in their location search. Planning staff will monitor these sites to determine if there is any uptake or impacts. Additional sites for institutional uses, such as Religious Institutions, will continue to be considered in the new Official Plan and future land use planning processes. Bonusing Currently, a landowner downtown could potentially transfer all bonus floor area rights (i.e. could represent many additional storeys of development) from one (or more) site(s) and apply it to another site. This has the potential of allowing a significant amount of additional building height and mass on a site than otherwise would have been contemplated and may lead to compatibility and contextual issues. As a result, an amendment to the Official Plan and the Zoning By-law is recommended in order to not allow the transferring of bonus floor area, with the exception of heritage conservation purposes. Additionally, new regulations for bonus floor space are proposed in the Zoning By-law to help clarify the consistent calculation and to ensure that developments that benefit from Bonusing remain compatible with the surrounding area. Additional enhancements to what may qualify for Bonus floor area provisions are pending in the new Official Plan. Proposed Changes to the Zoning By-law Lastly, there are a number of proposed changes to the Zoning By-law that fall within the regulatory framework of the current Official Plan. These recommended changes will assist in the administration of the By-law through the development review process, provide consistency and implement updates based on new information and legislated requirements. Zoning By-law Definitions Staff recommend amending or creating new definitions in the Zoning By-law for the following terms; Above Grade, Attic, Below Grade, Building Floor Area, Building Height, Grade, Highest Finished Grade, Lowest Finished Grade, Semi-Detached House, Semi-Detached Duplex House, Semi-Detached Duplex Dwelling, Setback, and Storey. In order to ensure consistency in how they are utilized in the development and building permit process. The proposed amendments are meant to provide greater clarity and consistency with other City, Regional, and Provincial documents and guidelines. Above Grade A definition of is proposed and clarifies that any portion of a building that is not below grade is considered above grade. Attic The term is proposed to be defined to mean the uninhabitable portion of a building or structure which is immediately below the roof and wholly or partially within the roof framing having an interior height of 1.8 metres or less. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is considered to be a storey and the area of such attic in included as building floor area. This definition will clarify when an attic space is to be included in a calculation for floor space ratio. 4 - 3 Below Grade is a new proposed term which clarifies that any portion of a building where the finished grade is at the same elevation, or not more than 0.5 metres higher, than the elevation of the underside of an interior ceiling is considered below grade. Where portions of a building are partially exposed, the floor area of that storey is considered to be above grade. Building Floor Area The definition of is proposed to be amended to be mean the aggregate horizontal floor area measured from the exterior walls of all floors of a building excluding any floor area located totally below grade or within an uninhabitable attic. The mid-point of a common wall shall be considered the face of the exterior in the case of common walls located on a property line.The definition now reflects that storeys which are considered below grade, or within an uninhabitable attic, are excluded the building floor area. Building Height The definition of is proposed to be refined for clarification on the maximum building height from the finished grade. Currently, building height is measured as the vertical distance between the highest finished grade and the uppermost point of the building. Further direction is proposed to regulate the maximum building height at the point of the lowest finished grade.Staff are proposing that the maximum building height from the lowest finished grade cannot not be more than 110% greater than the maximum building height from the highest finished grade. This allows flexibility for sites with varying topography. The current definition does not impose a maximum building height from the lowest finished grade. Grade is a newly proposed definition which means the average elevation of the finished grade of the ground immediately surrounding such building or structure and is determined by averaging (6) six grade elevations equally spaced apart along the exterior wall of a building. The current Zoning By-law refers to Grade but it is not currently defined. 4 - 4 Highest Finished Further, in order to implement the proposed definition of building height and grade, Grade is a proposed term which means where the highest elevation of the grade meets the exterior wall of a building and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. Lowest Finished Grade The is proposed to mean where the lowest elevation of the grade meets the exterior wall of a building and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. Semi-Detached House The definition ofis refined to reflectthat part of a semi-detached dwelling on one side of the common wall, which may contain one dwelling unit.New terminology is proposed for duplexed semi-detached houses and dwelling below. Semi-Detached DuplexHouse is a newly proposed term which means a semi-detached house which contains two dwelling units. Semi-Detached Duplex Dwelling is a newly proposed term means a building divided vertically into one semi-detached houses and one semi-detached duplex houses, or into two one semi-detached duplex houses, by a common wall which prevents internal access between each semi-detached or semi- detached duplex houses and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached duplex house shall be designed to be located on a separate lot having individual vehicular access to and frontage on a street or lane and will provide adequate parking for all units. Setback The termis refined to provide greater clarity that it refers only to portions of a building that are Storey above grade. is a newly defined term which means the portion of a building, structure or part thereof, that is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of the floor and the ceiling above it. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is considered to be a storey. East Market Zone (D-2) and Retail Core Zone (D-1) Currently in the downtown Retail Core (D-1) and East Market (D-2) zones any type of use is permitted except for those uses listed as prohibited. This is not consistent with how most other zones are organized and could lead to potential issues with new unidentified uses. Therefore it is recommended to change to these zones to clarify that any use that is permitted elsewhere in the By-law is permitted, expect those listed as prohibited. This subtle change ensures that uses that are not contemplated in the By-law will require a zone change application. The list of permitted and prohibited uses for each zone will be further considered during the Comprehensive Review (Phase 3). 4 - 5 Small Residential Dwelling Parking Rate Planning staff are proposing to amend the small residential parking rate for multiple dwellings in the Zoning By-law. Currently, for multiple dwelling buildings with four or more units, up to 60% of dwelling units that are less than 51.0 square metres in size can utilize a reduced parking rate of 0.165 spaces/unit. This meet the definition of a Residential Care Facility (and therefore were considered a Multiple Dwelling in the Zoning By-law). In these instances, vehicle ownership was much lower than a typical apartment and other than visitor parking provision, a reduced parking rate was appropriate. Over the past several years, some non-senior oriented multiple dwelling projects have taken advantage of the reduced parking rate beyond what was intended. Transportation staff continue to highlight the need to ensure an adequate provision of parking to meet some of the demand on these type of sites and reduce any impact on the surrounding area. As the City matures, behaviours shifts and additional modes of travel are increasingly available and utilized, additional parking reductions in broader areas throughout the city may be more appropriate. Parking reductions are often considered appropriate under certain circumstances, such as: where the site is well-served be transit (typically multiple routes with high frequency); where there is a relatively large pool of parking spaces available; and in areas with destinations such as employment, commercial, recreational, and institutional uses. Currently, most of the central part of the City meets these criteria and as a result, Planning staff are proposing to amend the small residential unit parking rate so that it is only applicable to multiple dwelling developments with 100 units or more within the neighbourhoods. As part of the Comprehensive Zoning By-law Review (Phase 3), Transportation Services and Planning staff will be reviewing all of the parking regulations in the Zoning By-law. Barrier-Free Parking Standards and Design Regulations Disabilities Act, 2005, accessible barrier-free parking standards are proposed to be included in the Zoning By-law. Guidelines for barrier- Manual. Adding regulations to the zoning will further help ensure that future development meets or exceeds the integrated accessibility standards outlined in the legislation. The size of a parking stall and the rates at which they are required is set out in the legislation. Upon approval of the proposed By-law, may require further update to reflect the proposed change. Setback from Arterial Roads Planning staff are proposing to clarify that setback regulations and related noise abatement and attenuation measures are required for buildings that are adjacent to an arterial road, regardless if access is provided from the arterial road. Semi-Detached and Semi-Detached Duplex Dwellings Greater clarity is required in the Zoning By-law to confirm where it may be appropriate and more duplex semi-detached dwelling. As noted above, new definitions are proposed for Duplex Semi-Detached House and Duplex Semi-Detached Dwelling. Duplex Semi-Detached Dwellings contain a total of three or four dwelling units. These three or four unit buildings are proposed to be permitted in the Residential Six (R-6) and Residential Seven (R-7) zones. Semi-Detached Dwellings (which are not duplexed) would remain as permitted in the Residential Four (R- 4) to R-7 zones inclusive. Multiple dwelling (three or more dwelling units) would continue to not be permitted in the R-4 zone. The maximum number of dwelling units permitted in a multiple dwelling in the 4 - 6 R-5 would remain as three. The chart below provides a summary of the existing and proposed changes to the number of dwelling units for certain housing types in the residential zones. Summary Chart: Proposed Sample* of Permitted Uses in the Residential Zones Single Semi-Detached Duplex Semi-Detached Multiple Residential ZoneDetached Duplex Dwelling DwellingDwellingDwelling Dwelling Residential One Permitted (R-1) Residential Two PermittedPermitted (R-2) Residential Three PermittedPermitted (R-3) Permitted Only Existing Residential Four PermittedPermitted (2 units max)Permitted (R-4) Permitted Only Existing Residential Five Permitted PermittedPermitted (2 units max)Permitted (R-5)(3 units max) Permitted Residential Six PermittedPermittedPermittedPermitted (4 units max) (R-6) Permitted Residential Seven PermittedPermittedPermittedPermitted (4 units max) (R-7) Only Existing Residential Eight Only Existing Only Existing PermittedPermitted Permitted (R-8)PermittedPermitted Residential Nine Permitted (R-9) Proposed changes in bold text. *Sample does not include all permitted uses for each zone. Additional zoning regulations apply. Summary provided for illustration only. COMMUNITY ENGAGEMENT: Public involvement in changes to the Official Plan and Zoning By-law is regulated by the Ontario Planning Act. In addition to the legislated requirements, Planning staff undertook additional consultation in compliance with Section 2 (City Initiated Applications) of Council Policy I-1095 - Public Participation in the Land Use Planning Process.Planning staff also utilized the Community Engagement Toolkit when engaging the public, the development industry, and special interest groups. Planning staff Informed the public of the proposed changes with advertisements in the community page. Planning staff developed an external website where materials prepared as part of Phase 2 were posted, including Staff Report CSD-13-067 and related Background Information Papers. Planning staff Informed the development industry, special interest groups, and stakeholders with an email notice of the Phase 2 work program and provided direction to the external website.Further Planning staff Consulted with the Waterloo Region Home Builders Association Kitchener Liaison Committee as well as the Region of Waterloo Re-urbanization Working Group. Planning staff also met with some respondents toreview and discuss the changes. Thepublic meeting for the proposed changes was advertisedin The Record on September 27, 2013. 4 - 7 Internal Departments and External Agencies Comments No internal departments expressed any concern with the proposed changes. Comments were received from the Region of Waterloo in support for the proposed Official Plan and Zone Change Amendments. The Waterloo Catholic District School Board and the Waterloo Region District School Board requested that the review of the Institutional zones be undertaken during the Comprehensive Zoning By-law Review (Phase 3). Staff will be reviewing the Institutional land use designation and zones further through the new Official Plan and the subsequent zoning review. Property Owners Comments Comments were received from MHBC Planning Consultants as well as Schlegel Urban Development. Planning staff consulted with the respondents during the preparation of the proposed amendments and Some issues may require further monitoring. The review assisted in the preparation of the amendment and by-law. A copy of all comments received is . ALIGNMENT WITH THE CITY OF KITCHENER STRATEGIC PLAN: These items align with the Development Community Priority of the Kitchener Strategic Plan as it ensures that the City manages its development and redevelopment to be consistent with Provincial, Regional and City planning policies. CONCLUSION: Therecommended changes to the Official Plan and the Zoning By-law provide clarification for how certain terms are utilized, calculated andconsistently applied between the Ontario Building Code,the Official Plan, Zoning By-law and in practice. The proposed changes comply with the Provincial and Regional policy framework, help address current issues and implements Current Action Nos. 2 and 3 from the Residential Intensification - Infill Housing report (CSD-13-084). REVIEWED BY: Brandon Sloan, Manager of Long Range and Policy Planning ACKNOWLEDGED BY: Michael May,Deputy CAO Community Services Department Attachments Official Plan Amendment, Public Notice and Schedules A and B Proposed By-law and Map No.1 Summary of Proposed Changes Copy of Community News Advertisement Copy of The Record Newspaper Advertisement Department/Agencies/Stakeholder Comments 4 - 8 CSD-13-091 Appendix A AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MILL COURTLAND WOODSIDE PARK NEIGHBOURHOOD PLAN FOR LAND USE MAP 12 & OFFICIAL PLAN POLICIES 4 - 9 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER MILL COURTLAND WOODSIDE PARK NEIGHBOURHOOD PLAN FOR LAND USE MAP 12 & OFFICIAL PLAN POLICIES INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of October 21, 2013 APPENDIX 2 Minutes of the Meeting of Planning and Strategic Initiatives Committee October 21, 2013 APPENDIX 3 Minutes of the Meeting of City Council October 28, 2013 2 4 - 10 AMENDMENT NO. __ TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. __ to the Official Plan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of this amendment is to change several general provisions, site specific policies, and schedules in order to implement interim changes to the Zoning By-law and to update certain policies. SECTION 3 BASIS OF THE AMENDMENT -law 85-1, policies and mapping changes are required to the Official Plan. The proposed changes to the Official Plan are the result of new information, completed studies, and new circumstances. 152Shanley Street The property addressed as 152 Shanley Street is currently designated Low Rise Residential with Special Policy No. 41 which incorrectly identifies the existing building as being 3 storeys; however, the existing building is actually four stories at street elevation. Planning staff recommend making Queen/Benton Street Diversion In a letter dated May 3, 2013, Regional staff indicated to the City of Kitchener that the Benton Street Diversion is no longer a planned Regional Road and is not included in the Regional Official Plan (ROP). This letter implements the requirement of Special Policies 7 and 14 in the Mill Courtland Woodside Park Secondary Plan and Holding Provisions 20H and 24H and as such, they can now be removed from the lands identified in the adjacent map. Institutional Uses Removed from Employment Areas Currently, Religious Institutions and Educational Establishments are permitted to occupy up to 25% of the floor area of a building in the Industrial and Business Park areas. This regulation was put in place as an interim step as many prime industrial employment sites were under threat and it was expected that new Provincial policy direction would soon require a further level of protection. The Provincial Policy Statement and Places to Grow now direct municipalities to promote economic development and competitiveness by ensuring and protecting a sufficient land supply in Employment Areas to meet long term industrial employment needs and to protect prime industrial land. As a next step, a small wording change is proposed to the existing Official Plan to remove reference - uses all Industrial designations. Changes to the Industrial Zones (M-1, M-2, M-3, M-4) and Business Park Zones (B-1, B-2, B-3, B-4) are recommended in order to remove Religious Institutions and Education Establishments as permitted uses. The need to make these land use changes to Employment Areas and the inter-relationship with certain Institutional uses was provided and discussed in Report CSD-13-067 in June 2013 and at the August 12, 2013 Council Strategy Session for the new Official Plan. 3 4 - 11 Religious Institutions in Planned Commercial Campuses Through the preparation of the new Official Plan, staff undertook a review of all properties that are categories to accommodate specific institutional uses, such as Religious Institutions. As a result of Official Plan (beyond what is currently designated); along with permitting certain institutional uses in specific land use designations. The Zoning By-law would be updated accordingly. This topic was introduced and discussed through Report CSD-13-067, including the Background Information Paper, and in one of the Council Strategy Sessions regarding the new Official Plan in August 2013. Since there continues to be some interest in identifying sites that are suitable for large-scale, city or regional-oriented Religious Institutions, and since there is recognizable change and evolution occurring in large commercial campus areas, as in interim step before the new Official Plan is approved, Planning staff are recommending to permit Religious Institutions within the Planned Commercial Campus Official Plan designation and the corresponding C-8 zoning. The Planned Commercial Campuses (Gateway Park, The Sunrise Centre, The Boardwalk, and the Laurentian Power Centre) are large sites with access to the highway and regional road system, typically contain sufficiently large parking areas and have or could have large building footprints. These are often desirable criteria for large scale Religious Institutions. It is anticipated that as commercial sites age and evolve, this change could allow an additional opportunity to redevelop or re-use vacant or underutilized space into a Religious Institution. This use is considered to be compatible, may provide added use or efficiency of land at different times than commercial space, may provide some benefit to nearby commercial uses and is not expected to remove a significant amount of land from the commercial inventory. Since the development of some Commercial Campuses is more recent than others, it is therefore expected that not all areas will take advantage of the new use opportunity in the near future. This does provide an additional opportunity for operators of this use to consider in their location search. Planning staff will monitor these sites to determine if there is any uptake or impacts. Additional sites for institutional uses, such as Religious Institutions, will continue to be considered in the new Official Plan and future land use planning processes. Bonusing Currently, a landowner downtown could potentially transfer all bonus floor area rights (i.e. could represent many additional storeys of development) from one (or more) site(s) and apply it to another site. This has the potential of allowing a significant amount of additional building height and mass on a site than otherwise would have been contemplated and may lead to compatibility and contextual issues. As a result, an amendment to the Official Plan and the Zoning By-law is recommended in order to not allow the transferring of bonus floor area, with the exception of heritage conservation purposes. Additionally, new regulations for bonus floor space are proposed in the Zoning By-law to help clarify the consistent calculation and to ensure that developments that benefit from Bonusing remain compatible with the surrounding area. Additional enhancements to what may qualify for Bonus floor area provisions are pending in the new Official Plan. 4 4 - 12 SECTION 4 THE AMENDMENT 1. The City of Kitchener Official Plan is hereby amended as follows: a) Part 3 - Section 4.4 is amended to add anew paragraph at the end of the existing section as follows: Religious Institutions are also permitted within Planned Commercial Campuses. Religious Institutions that have a region or city-wide orientation that are automobile oriented may be permitted in free standing buildings or located within plazas. Associated ancillary uses must be provided in the same building as the Religious Institution. b) Part 3 - Section 5.4.1 is amended to revise Policy 5.4.1 as follows: Unless prohibited in this Plan, compatible uses in all industrial districts include: automobile service stations, day care facilities, financial establishments, health offices and clinics, veterinary services, parks and open space. c) Part 3 - Section 12 is amended to revise Special Policy No. 41 as follows: Notwithstanding the Low Rise Residential designation on lands described as Part of Lot 446 and Lots 447 and 448, Registered Plan 376, a maximum Floor Space Ratio of 1.0 shall be applied to multiple dwellings and no residential building shall exceed four stories in height at street elevation. d) Part 3 - Section 13 (Mill Courtland Woodside Park Secondary Plan) is amended by deleting Special Policy 13.4.7. e) Part 3 - Section 13 (Mill Courtland Woodside Park Secondary Plan) is amended by deleting Special Policy 13.4.14. f) Map No. 4 (Transportation) remove proposed primary arterial road (proposed g) Map No. 12 (Mill Courtland Woodside Park Land Use Plan) remove Special Policy Area No. 7 and No. 14 as shown on the attached Schedu h) Part 4 - Section 1.8 is amended to revise Policy 1.8.2 as follows: An owner may transfer the increase in density achieved through the conservation of buildings designated under the Ontario Heritage Act from the lands on which such facilities or matters are provided to lands having the same land use designation or to lands in the central portion of the Downtown. 5 4 - 13 APPENDIX 1 Notice of the Meeting of Planning and Strategic Initiatives Committee of October 21, 2013 Advertised in The Record September 27, 2013 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED AMENDMENT TO THE KITCHENER OFFICIAL PLAN UNDER THE APPLICABLE SECTIONS 17 AND 22 OF THE PLANNING ACT AND A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT -law 85-1. The proposed changes primarily involve text revisions to existing sections, zones or regulations along with the introduction of several new provisions. Generally these changes include: - Revising and adding new definitions, - Removing the ability to transfer bonus floor space, - Adjusting the parking regulations for small residential dwelling units, - Revising permitted uses in Protected Employment areas, - Permitting religious institutions in Planned Commercial Campuses, - Providing new regulations for duplexed semi-detached dwellings, - Removing holding provisions previously in place for the now cancelled Queen/Benton Street Diversion project, - Revising Special Policy 41 for 152 Shanley Street, - Providing clarification of the permitted uses in Downtown zones, - Clarifying setbacks requirements from arterial roads, and - Implementing accessible barrier-free parking regulations in the Zoning By-law. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, OCTOBER 21, 2013 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, either of/any of the above noted proposal(s). 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/these proposal(s), the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the th meeting date in the Calendar of Events), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Garett Stevenson, Senior Planner - 519-741-2200 ext. 7070 (TTY: 1-866-969-9994), garett.stevenson@kitchener.ca 4 - 14 !!! !!! 4 - 15 4 - 16 CSD-13-091 Appendix B PROPOSED BY-LAW October 7, 2013 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 Interim Update 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. Schedules No. 85 and 86 -law Number 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential Two Zone(CR-2) with Holding Provision 20H to Commercial Residential Two Zone(CR-2). 2.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential One Zone(CR-1) with Holding Provision 24H to Commercial Residential One Zone(CR-1). 3. Schedules No. 85 and 86 -law Number 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial Residential Two 4 - 17 2 2 Zone(CR-2) with Holding Provision 20Hand Zone Detail Schedule __ to Commercial 2 Residential Two Zone(CR-2) with Zone Detail Schedule . 4.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 4 on Map No. 1, in the City of Kitchener, attached hereto, from Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 1R and 518R and Holding Provision 20H to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 1R and 518R. 5.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 5 on Map No. 1, in the City of Kitchener, attached hereto, from Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 518R and Holding Provision 20H to Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provision 518R. 6. Schedule No. 86 -law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 6 on Map No. 1, in the City of Kitchener, attached hereto, from Low Intensity Mixed Use Corridor Zone (MU-1) with Special Regulation Provisions 518R and 519R and Holding Provision 20H to Low Intensity Mixed Use Corridor Zone (MU-2) with Special Regulation Provision 518R and 519R. 7.-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 7on Map No. 2, in the City of Kitchener, attached hereto, from Retail Core Zone (D-1) to Retail Core Zone (D-1) with Special Regulation Provision 645R. 8.-law 85-1 is hereby amended by adding Section 645 thereto as follows: this By-law, within the lands zoned D-1 and shown as regulations shall apply: a) The bonusing value applied to residential floor area may be in excess of the maximum building floor area permitted by the applicable zoning category. b) The bonus floor area which may be obtained in return for the provision of 4 - 18 3 9. Schedules No. 84, 85 and 86 -law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 and Map No. 2attached hereto. 10. Section 2.4 of By-law 85-1 is hereby amended by adding the following new subsection: c) DEEMED TO COMPLY: SITE PLAN AGREEMENTS AND SITE PLAN APPROVALS Where a Site Plan Agreement has been entered into and signed by Owner and the City of Kitchener prior to December 31, 2013 or where Site Plan Approval has been granted but a Building Permit for the applicable project has not been issued, the provisions amended, deleted, or added as part of Bylaw # ______ shall be deemed to be modified to the extent necessary to give effect to the Site Plan Agreement or Site Plan Approval, provided that the Building Permit is issued prior to December 31, 2015. 11. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means any portion of a building not below grade. 12. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means the uninhabitable portion of a building or structure which is immediately below the roof and wholly or partially within the roof framing having an interior height of 1.8 metres or less. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is considered to be a storey. 13. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means any portion of a building where the finished grade meets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope). In the case where a retaining wall(s) has been installed to meet these criteria, that portion of the building shall in no way be considered to be below grade. Where portions of a building are partially exposed, the floor area of that whole storey is considered to be above grade. 14. Section 4.2 of By-law 85-1, the definition of is hereby amended by adding the 4 - 19 4 uppermost point of the building exceed 110% of the maximum building height in the applicable 15. Section 4.2 of By-law 85-1, the definition of is hereby amended by adding -point of a common wall shall be considered t the first sentence. 16. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means the average elevation of the finished grade of the ground immediately surrounding such building or structure and is determined by averaging (6) six grade elevations equally spaced apart along the exterior walls of the building. 17. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means where the highest elevation of the grade meets the exterior wall of a building and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. 18. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means where the lowest elevation of the grade meets the exterior wall of abuilding and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. 19. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: - means a building divided vertically into one semi-detached house and one semi-detached duplex house, or into two semi-detached duplex houses, by a common wall which prevents internal access and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached duplex house shall be designed to be located on a separate lot having individual vehicular access to and frontage on a street or lane.Where a regulation applies to a 4 - 20 5 --law 85-1, said regulation shall apply - 20. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: - means a semi-detached house which contains two dwelling units. 21. Section 4.2 of By-law 85-Semi- is hereby amended by - 22. Section 4.2 of By-law 85-1, the definition of -is hereby amended by . 23. Section 4.2 of By-law 85-1, the definition of is hereby amended by adding the phrase 24. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper alphabetical order: means the portion of a building, structure or part thereof, that is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of the floor and the ceiling above it. 25. Section 5.19.1 of By-law 85-1 is hereby amended by adding the following new subsections: In no instance shall the bonusing value be applied to residential floor area in excess of the maximum building floor area permitted by the applicable zoning category. For example, if the maximum Floor Space Ratio in the applicable zoning category is 2.0, the residential bonus value shall not apply to any square metre of residential floor area in excess of the 2.0 FSR. d) The bonus floor area which may be obtained in return for the provision of residential floor area shall not exceed 20,000 square metres. e) The bonus floor area which may be obtained in return for the provision of residential floor area shall be based on floor space used for residential use only. Where residential floor area is not permitted, said floor area shall not be included for the purpose of calculating bonus residential floor area. For example, if residential is not permitted on the ground floor of a building, the 4 - 21 6 26. Section 5.19.4 of By-law 85- wor 27. Section 5.24 of By-law 85-1 is hereby amended by uildingadding uilding 28. Section 6.1.2.a) of By-law 85-1 is hereby amended by replacing Multiple Dwelling Totalling 4 or More Dwelling Units and Containing Dwelling Units Having a Floor Area of 51.0 Square 100 Dwelling Units or more within the area bounded by the Conestoga Parkway, Homer Watson Boulevard/ Shoemaker Greenway/Belmont Avenue, and the northerly boundary of the City of Kitchener, built after the passing of this By-law and containing dwelling units having a floor area of 51.0 square metres or 29. Section 6 of By-law 85-1 is hereby amended by adding the following new section: BARRIER-FREE ACCESSIBLE PARKING .1 Barrier-free accessible parking spaces must be provided in accordance with the following schedule, rounding up to the nearest whole number: Off-Street Parking Spaces Required Barrier-free Accessible Parking Required 1-12 1 13-100 4% of total required parking 101-200 1 + 3% of total required parking 201-1000 2 + 2% of total required parking 1000+ 11 + 1% total required parking a) Type A Barrier-Free Accessible Parking Spaces must have a minimum width of 3.4 metres and a minimum length of 5.5 metres. b) Type B Barrier-Free Accessible Parking Spaces must have a minimum width of 2.4 metres and a minimum length of 5.5 metres. c) Where an even number of barrier-free accessible parking spaces are required, an equal number of parking spaces that meet the requirements of Type A and Type B Barrier-Free Parking Spaces must be provided. 4 - 22 7 d) Where an odd number of barrier-free accessible parking spaces are required, an equal number of parking spaces that meet the requirements of Type A and B Barrier-Free Parking Spaces must be provided, where the additional barrier-free parking space may be a Type B Barrier-Free Parking Space. e) Access aisles, that is the space between parking spaces that allows persons with disabilities to get in and out of their vehicles, must be provided for all parking spaces for the use of persons with disabilities in off-street parking facilities. f) Access aisles may be shared by two parking spaces in an off-street parking facility and must meet the following requirements: i) The access aisles must have a minimum width of 1.5 metres. ii) The access aisle must extend the full length of the parking space. iii) The access aisles must be marked with high tonal contrast diagonal lines, which discourages parking in them, where the surface is asphalt, concrete or some other hard surface. .2 The provisions outlined in subsection 6.6.1 above shall not apply to any off-street parking facility constructed or redeveloped that is used exclusively for one of the following: a) Parking for buses. b) Parking for delivery vehicles. c) Parking for law enforcement vehicles. d) Parking for medical transportation vehicles, such as ambulances. e) Parking used as a parking lot for impounded vehicles. f) Any residential use with less than four dwelling units on a lot. 30. Section 13A.1 of By-law 85-1is hereby amended by adding the following new permitted use in 31. Section 14.1 of By-law 85-1 is hereby amended by word 32. Section 14A.1 of By-law 85- 4 - 23 8 33. Section 19.1 is hereby amended by deleting the following permitted use 34. Section 19.3 is hereby amended by deleting the phrase Location and Gross Floor Area for E Establishment and Religious Institution shall only be located within a building used for other permitted M-1 uses and shall not exceed a combined total of 25 percen 35. Section 20.1 is hereby amended by deleting the following permitted use 36. Section 20.3.1 is hereby amended by deleting the phrase Location and Gross Floor Area for Educ Establishment and Religious Institution shall only be located within a building used for other permitted M-2 uses and shall not exceed a combined total of 25 percent o 37. Section 21.1 is hereby amended by deleting the following permitted use 38. Section 21.3.1 is hereby amended by deleting the phrase Location and Gross Floor Area for Educati Establishment and Religious Institution shall only be located within a building used for other permitted M-3 uses and shall not exceed a combined total of 25 percent of t 39. 40. Educationa Establishment and Religious Institution shall only be located within a building used for other permitted M-4 uses and shall not exceed a combined total of 25 percent of the 41. 42. Educational Est Establishment and Religious Institution shall only be located within a building used for other permitted B-1 uses and shall not exceed a combined total of 25 percent of the gross 4 - 24 9 43. 44. Educational Establis Establishment and Religious Institution shall only be located within a building used for other permitted B-2 uses and shall not exceed a combined total of 25 percent of the gross floo 45. 46. Educational Establishme Establishment and Religious Institution shall only be located within a building used for other permitted B-3 uses and shall not exceed a combined total of 25 percent of the gross floor a 47. 48. Educational Establishment an Establishment and Religious Institution shall only be located within a building used for other permitted B-. 49. Section 38.1 of By-law 85-1 is hereby amended by adding the following new permitted use in proper Semi-Detached Duplex Dwelling existing prior to January 1, 2014 50. Section 39.1 of By-law 85-1 is hereby amended by adding the following new permitted use in proper Semi-Detached Duplex Dwelling existing prior to January 1, 2014 51. Section 40.1 of By-law 85-1 is hereby amended by adding the following new permitted use in proper Semi-Detached Duplex Dwelling 52. Section 40.2.3 of By-law 85-1 is hereby amended by adding the phrase and Semi-Detached Duplex 53. Section 41.1 of By-law 85-1 is hereby amended by adding the following new permitted use in proper alphabeSemi-Detached Duplex Dwelling 4 - 25 10 54. Section 41.2.3 of By-law 85-1 is hereby amended by adding the phrase and Semi-Detached Duplex 55. Provision -law 85-1 is hereby deleted in its entirety. 56.-law 85-1 is hereby deleted in its entirety. PASSED at the Council Chambers in the City of Kitchener this day of , 2013. _____________________________ Mayor _____________________________ Clerk 4 - 26 4 - 27 SCHEDULE 121SCHEDULE 120 SCHEDULE 84SCHEDULE 85 4 - 28 CSD-13-091 Appendix C SUMMARY OF PROPOSED CHANGES TO THE ZONING BY-LAW Underline text denotes change Section 4 - Definitions Above Grade means any portion of a building not below grade. Attic means an uninhabitable portion of a building or structure which is immediately below the roof and wholly or partially within the roof framing having an interior height of 1.8 metres or less. Below Grade means any portion of a building where the finished grade meets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope). In the case where a retaining wall(s) has been installed to meet these criteria, that portion of the building shall in no way be considered to be below grade. Where portions of a building are partially exposed, the floor area of that whole storey is considered to be above grade. Building Height means the vertical distance between the highest finished grade and the uppermost point of the building. At no point shall the vertical distance between the lowest finished grade and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone. Provided, however, where this by-law requires building height to be calculated to determine a minimum rear yard or a minimum side yard requirement, building height shall mean the vertical distance between the lowest finished grade elevation along the lot line related to such yard at that point closest to the building and the horizontal extension of the uppermost point of the building. Antennae, chimneys, spires, cupolas, elevator penthouses, or other similar features shall be disregarded in calculating building height. In the case of a building on a lot within more than one zone, building heights shall be measured to the uppermost point of that portion of the building within each zone. 4 - 29 Building Floor Area means the aggregate horizontal floor area measured from the exterior walls of all floors or storeys of a building excluding any floor area located totally below grade or within an uninhabitable attic. The mid-point of a common wall shall be considered the face of the exterior in the case of common walls located on a property line. Grade means the average elevation of the finished grade of the ground immediately surrounding such building or structure and is determined by averaging (6) six grade elevations equally spaced apart along theexterior wall of a building. Highest Finished Grade means where the highest elevation of the grade meets the exterior wall of a building and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. Lowest Finished Grade means where the lowest elevation of the grade meets the exterior wall of a building and the maximum slope taken from the closest property line is not more than 18 degrees (3:1 slope), and in no case shall a retaining wall(s) be installed to meet these criteria. Semi-Detached House means that part of a semi-detached dwelling on one side of the common wall, which may contain one dwelling unit. Semi-Detached Dwelling means a building divided vertically into two semi-detached houses by a common wall which prevents internal access and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached house shall be designed to be located on a separate lot having individual vehicular access to and frontage on a street or lane. Semi-Detached Duplex Dwelling means a building divided vertically into one semi-detached house and one semi-detached duplex house, or into two semi-detached duplex houses, by a common wall which prevents internal access and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi-detached duplex house shall be designed to be located on a separate lot having individual vehicular access to and frontage on a street or lane. Semi-Detached DuplexHouse means a semi-detached house which contains two dwelling units. Setback means the minimum distance between a lot line and the nearest part of any above grade building or specified structure exclusive of any permitted yard projections on the lot. Storey means the portion of a building, structure or part thereof, that is situated between the top of any floor and the top of the floor next above it, and if there is no floor above it, that portion between the top of 2 |Page 4 - 30 the floor and the ceiling above it.The portion of a building or structure which is immediately below the roof and wholly or partially within the roof framing having an interior height of 1.8 metres or more is a storey. Section 5 - General Regulations Section 5.19.1 c) In no instance shall the bonusing value be applied to residential floor area in excess of the maximum building floor area permitted by the applicable zoning category. For example, if the maximum Floor Space Ratio in the applicable zoning category is 2.0, the residential bonus value shall not apply to any square metre of residential floor area in excess of the 2.0 FSR. d) The bonus floor area which may be obtained in return for the provision of residential floor area shall not exceed 20,000 square metres. e) The bonus floor area which may be obtained in return for the provision of residential floor area shall be based on floor space used for residential use only. Where residential floor area is not permitted, said floor area shall not be included for the purpose of calculating bonus residential floor area. For example, if residential is not permitted on the ground floor of a building, the ground floor area shall not be included in residential floor area bonus calculation. Section 5.19.4 Transfer of Bonus Floor Area .4 Bonus floor area permitted by clause 3 of Section 5.19 but not built on the lot on which it is obtained, may be transferred to one or more lots within the same zone or to one or more lots within a D-1 or D-2 Zone. 3 |Page 4 - 31 5.24 SETBACKS FROM ARTERIAL ROADS The minimum setback for any residential building or part thereof, located on a lot which is abutting an Notwithstanding the foregoing, for multiple dwellings or multiple dwelling sites, or any residential building having frontage on 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- Section 6- Off-Street Parking and Off-Street Loading Section 6.1.2.a Multiple Dwellings totaling100Dwelling Units or 0.165 spaces for each dwelling unit of such size more within the area bounded by the Conestoga provided however that this does not apply to Parkway, Homer Watson Boulevard/ Shoe-maker more than 40%of all dwelling units on a lot. Greenway/Belmont Avenue, and the northerly boundary of the City Of Kitchener, built after the passing of this By-lawand containing dwelling units having a floor area of 51.0 square metres or less Section 6.6 6.6 BARRIER-FREE ACCESSIBLE PARKING .1 Barrier-free accessible parking spaces must be provided in accordance with the following schedule, rounding up to the nearest whole number: Off-Street Parking Spaces Required Barrier-free Accessible Parking Required 1-12 1 13-100 4% of total required parking 101-200 1 + 3% of total required parking 201-1000 2 + 2% of total required parking 1000+ 11 + 1% total required parking a) Type A Barrier-Free Accessible Parking Spaces must have a minimum width of 3.4 metres and a minimum length of 5.5 metres. b) Type B Barrier-Free Accessible Parking Spaces must have a minimum width of 2.6 metres and a minimum length of 5.5 metres. c) Where an even number of barrier-free accessible parking spaces are required, an equal number of parking spaces that meet the requirements of Type A and Type BBarrier-Free Parking Spacesmust be provided. d) Where an odd number of barrier-free accessible parking spaces are required, an equal number of parking spaces that meet the requirements of Type A and B Barrier-Free Parking Spaces must be provided, where the additional barrier-free parking space may be a Type B Barrier-Free Parking Space. 4 |Page 4 - 32 e) Access aisles, that is the space between parking spaces that allows persons with disabilities to get in and out of their vehicles, must be provided for all parking spaces for the use of persons with disabilities in off-street parking facilities. f) Access aisles may be shared by two parking spaces in an off-street parking facility and must meet the following requirements: i) The access aisles must have a minimum width of 1.5 metres. ii) The access aisle must extend the full length of the parking space. iii) The access aisles must be marked with high tonal contrast diagonal lines, which discourages parking in them, where the surface is asphalt, concrete or some other hard surface. .2 The provisions outlined in subsection 6.6.1 above shall not apply to any off-street parking facility constructed or redeveloped that is used exclusively for one of the following: a) Parking for buses. b) Parking for delivery vehicles. c) Parking for law enforcement vehicles. d) Parking for medical transportation vehicles, such as ambulances. e) Parking used as a parking lot for impounded vehicles. f) Any residential use with less than four dwelling units on a lot. Section 13 - Commercial Campus Zone (C-8) Section 13A.1 Add the following permitted use: Religious Institution Section 14 Retail Core Zone (D-1) Section 14.1 Revise wording to state: Any use permitted in any other zone except for those uses listed in Section 14.2 Section 14A East Market Zone (D-2) Section 14A.1 Revise wording to state: Any use permitted in any other zone except for those uses listed in Section 14A.2 5 |Page 4 - 33 Section 19 - Industrial Residential Zone (M-1) Section 19.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 19.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted M-1 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 20 - General Industrial Zone (M-2) Section 20.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 20.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted M-2 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 21 - Service Industrial Zone (M-3) Section 21.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 21.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted M-3 uses and shall not exceed a combined total of 25 percent of the gross floor area. 6 |Page 4 - 34 Section 22 - Heavy Industrial Zone (M-4) Section 22.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 22.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted M-4 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 23 - Business Park Zone (B-1) Section 23.1- Delete the following permitted uses: Educational Establishment Religious Institution Section 23.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted B-1 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 24 - Restricted Business Park Zone (B-2) Section 24.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 24.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted B-2 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 25 - Business Park Service Centre Zone (B-3) Section 25.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 21.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted B-3 uses and shall not exceed a combined total of 25 percent of the gross floor area. 7 |Page 4 - 35 Section 26 - Commercial Business Park Zone (B-4) Section 26.1 - Delete the following permitted uses: Educational Establishment Religious Institution Section 26.3 - Delete the following regulation: Location and Gross Floor Area for Educational Establishment and Religious Educational Establishment and Institution shall only be located within a Religious Institution building used for other permitted B-4 uses and shall not exceed a combined total of 25 percent of the gross floor area. Section 38 Residential Four (R-4) Section 38.1 Add the following permitted use: Semi-Detached Duplex Dwellings existing prior to January 1, 2014. Section 39 Residential Five (R-5) Section 39.1 Add the following permitted use: Semi-Detached Duplex Dwellings existing prior to January 1, 2014. Section 40 Residential Six (R-6) Section 40.1 Add the following permitted use: Semi-Detached Duplex Dwellings Section 40.2.3 regulations shall apply to Semi-Detached Duplex Dwellings. Section 41 Residential Six (R-7) Section 41.1 Add the following permitted use: Semi-Detached Duplex Dwellings Section 41.2.3 regulations shall apply to Semi-Detached Duplex Dwellings. Appendix F - Holding Provisions for Specific Lands Delete the following: 20. Notwithstanding Sections 45.1 and 53.1 of this By-law, within the lands zoned CR-2 and MU-1 listed as permitted in the applicable Section (45.1 or 53.1) shall be permitted only within buildings existing on January 24, 1994 until such time as the holding symbol affecting these lands has been removed by by-law. The holding symbol shall not be removed until such time as the Region is satisfied that development will not frustrate the Region's ability to acquire the necessary lands for the Queen/Benton Diversion, or frustrate their ability to construct the Queen/Benton Diversion and that the City's Clerk receive a letter from the Regional Commissioner of Engineering confirming the above. 8 |Page 4 - 36 Delete the following: 24. Notwithstanding Section 44.1 of this By-law, within the lands zoned CR-1 on Schedule 85 of Appendix "A", described in the clauses listed below, all the uses listed in Section 44.1, and only within buildings existing on January 24, 1994, shall be permitted until such time as the holding symbol affecting these lands has been removed by by-law. The holding symbol shall not be removed until such time as the Region is satisfied that development will not frustrate the Region's ability to acquire the necessary lands for the Queen/Benton Diversion or frustrate their ability to construct the Queen/Benton Diversion and that the City's Clerk receive a letter from the Regional Commissioner of Engineering confirming the above: a) Lot 228, Subdivision of Lot 17, German Company Tract b) Lot 227, Subdivision of Lot 17, German Company Tract c) Lot 226, Subdivision of Lot 17, German Company Tract 9 |Page 4 - 37 SUMMARY OF PROPOSED CHANGES TO THE OFFICIAL PLAN Part 3, Section 4.4 (Planned Commercial Campus), New Proposed Policies Add the following: Religious Institutions are also permitted within Planned Commercial Campuses. Religious Institutions that have a region or city-wide orientation that are automobile oriented may be permitted in free standing buildings or located within plazas. Associated ancillary uses must be provided in the same building as the Religious Institution. Part 3, Section 5.4 (Compatible Uses In All Industrial Districts) . 1 Unless prohibited in this Plan, compatible uses in all industrial districts include: automobile service stations, day care facilities, financial establishments, health offices and clinics, veterinary services, parks and open space.and public nonresidential institutional uses. Part 3, Section 12 (Special Policies), Policy 41 41. 152 Shanley Street Notwithstanding the Low Rise Residential designation on lands described as Part of Lot 446 and Lots 447 and 448, Registered Plan 376, a maximum Floor Space Ratio of 1.0 shall be applied to multiple dwellings and no residential building shall exceed four stories in height at street elevation. Part 3, Section 13.4.4 and Section 13.4.7 Special Policies (Mill Courtland Woodside Park Secondary Plan) Delete the following: 7. Notwithstanding the Medium Density Commercial Residential and Mixed Use Corridor designations, a Holding Provision shall apply to certain properties fronting onto Queen Street South and Benton Street in the immediate vicinity of the proposed Queen-Benton Diversion as identified in the Zoning By-law. Conversions of existing buildings will only be permitted in compliance with the regulations of the implementing Zoning By-law and redevelopment shall be withheld until such time as notification by letter is received from the Regional Municipality of ability to acquire lands for the Queen/Benton Diversion or frustrate their ability to construct the Queen/Benton Diversion. Delete the following: 14. Notwithstanding the Low Density Commercial Residential designation, a Holding Provision shall apply to certain properties fronting onto Benton Street in the immediate vicinity of the proposed Queen-Benton Diversion as identified in the Zoning By-law. Conversions of existing buildings will only be permitted in compliance with the regulations of the implementing Zoning By-law and redevelopment shall be withheld until such time as notification by letter is received from the Regional Municipa will not frustrate their ability to acquire lands for the Queen/Benton Diversion or frustrate their ability to construct the Queen/Benton Diversion. 10|Page 4 - 38 Part 4, Section 1.8, Policy 2 and 3 Proposed 2. An owner may transfer the increase in density achieved through the conservation of buildings designated under the Ontario Heritage Act from the lands on which such facilities or matters are provided to lands having the same land use designation or to lands in the central portion of the Downtown. 11|Page 4 - 39 CSD-13-091 Appendix D 4 - 40 4 - 41 CSD-13-091 Appendix E Advertised in The Record September 27, 2013 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED AMENDMENT TO THE KITCHENER OFFICIAL PLAN UNDER THE APPLICABLE SECTIONS 17 AND 22 OF THE PLANNING ACT AND A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT -law 85-1. The proposed changes primarily involve text revisions to existing sections, zones or regulations along with the introduction of several new provisions. Generally these changes include: - Revising and adding new definitions, - Removing the ability to transfer bonus floor space, - Adjusting the parking regulations for small residential dwelling units, - Revising permitted uses in Protected Employment areas, - Permitting religious institutions in Planned Commercial Campuses, - Providing new regulations for duplexed semi-detached dwellings, - Removing holding provisions previously in place for the now cancelled Queen/Benton Street Diversion project, - Revising Special Policy 41 for 152 Shanley Street, - Providing clarification of the permitted uses in Downtown zones, - Clarifying setbacks requirements from arterial roads, and - Implementing accessible barrier-free parking regulations in the Zoning By-law. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, OCTOBER 21, 2013 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, either of/any of the above noted proposal(s). 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/these proposal(s), the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the th meeting date in the Calendar of Events), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday). Garett Stevenson, Senior Planner - 519-741-2200 ext. 7070 (TTY: 1-866-969-9994), garett.stevenson@kitchener.ca 4 - 42 4 - 43 4 - 44 4 - 45 4 - 46 4 - 47 4 - 48 4 - 49 4 - 50 4 - 51