HomeMy WebLinkAboutCouncil Minutes - 1993-12-13COUNCIL\1993-12-13
COUNCIL MINUTES
DECEMBER 13, 1993
The Council of the Corporation of the City of Kitchener met this date with all members present.
On motion by Councillor B. Stortz, the minutes of the regular meeting and the special meeting held on
November 22, 1993, as mailed to the Mayor and Councillors, were accepted.
A. Communication referred to Committee of the Whole
(1)
Letter dated December 8, 1993 from Mr. R.W. Pritchard, Commissioner of General
Services & City Clerk to Members of Council relative to applications for cancellation,
refund, reduction or levy of taxes.
Mr. Fred Hasen appeared as a delegation representing the Kitchener Sports Association to thank Council
for naming the Viewing Lounge in the Auditorium Complex the "Kitchener Sports Association Lounge".
Mr. Hasen reviewed the history of the organization which was formed after World War II and pointed out
that the only source of their income was from 50/50 draw tickets. He indicated that a plaque was being
developed to erect in the Viewing Lounge. Mr. Hasen advised that currently the Association was working
with the Parks & Recreation Department and has made a $25,000 commitment spread over a number of
years for a specific project which is yet to be announced. Finally Mr. Hasen extended an invitation to
Members of Council to attend the Association's monthly meetings.
Ms. Valerie Gibaut assisted Mayor D.V. Cardillo in the presentation of Annual Community Service Awards
to recognize students and partners who are involved in the City's Partnership in Education Program with
Kitchener Collegiate Institute and Resurrection High School. Mayor D.V. Cardillo made presentations to
the following:
Ms. Danielle Tucker, Student - KCI
Mr. Lou Ford, Principal - KCI - School Award
Ms. Agnieszka Olejniczak, Student - Resurrection High School
Mr. Mike Schmidt, Principal - Resurrection High School - School Award
Ms. Leanne Moses, City of Kitchener - Volunteer Award
Mr. T. McKay, CAO - City of Kitchener Award
Ms. Christa Reid - Resurrection High School-
Certificate of Appreciation
Mr. Desmond von Teichman, Agent for the Walper Terrace Hotel, appeared as a delegation with respect
to the request outlined in his November 29 letter to Mayor D.V. Cardillo pertaining to the urgency to erect
three additional roof signs as part of the hotel's linkup within the Best Western Hotel System. He advised
that the Local Architectural Conservation Advisory Committee has considered the proposal and has no
objection, but that the signs would create a minor variance requiring approval by City Council.
This matter was listed as Item B.8 of the Committee of the Whole Agenda of this date which included a
report from Mr. K. Tribby on the matter as well as illustrations of the proposed signage.
Moved by Councillor M. Yantzi
Seconded by Councillor J. Ziegler
That notwithstanding section 680.19.2 of the Kitchener Municipal Code, we approve the request of
the Walper Terrace Hotel, King Street West, to erect three roof signs generally in accordance with
the design proposal submitted by the hotel as attached to the December 8, 1993 report of Mr. K.
Tribby.
And further, that we grant any necessary encroachments related to their request and authorize the
Mayor and clerk to execute said encroachment(s) agreement, prior to the issuance of sign permits.
Carried.
Mr. Ed Robinson, 8th Kitchener Scout Group, appeared as a delegation along with several of the
members of the Scout Group to present a parchment inscription of their appreciation to Councillor T.
Galloway in connection with his efforts to make the group's recent visit to City Hall a fulfilling one.
Councillor Galloway accepted the memento on behalf of City Council and took the opportunity to express
thanks to all volunteers such as Mr. Robinson for the effort that they put into development of young
people.
COUNCIL MINUTES - 661 - DECEMBER 13, 1993
Mr. Paul Britton, MacNaughton Hermsen Britton Clarkson and the Vice President of Kaufman Footwear,
appeared as a delegation in regard to clause 10 of the report of the Public Works and Transportation
Committee of this date which deals with the Province's Highway No.7 Planning Study. Mr. Britton asked
that Council endorse the Committee recommendation which opposes concept No.1 for the Highway 7/K-
W Expressway Interchange and support Concept No.2 as the preferred alternative.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
That clause 10 of the report of the Public Works and Transportation Committee of this date be
adopted.
Carried.
Mr. P. Britton also appeared as a delegation in regard to clause 3 of the report of the Public Works &
Transportation Committee. He advised that he was representing Custom Trim with respect to this transit
service issue and stated that the resolution approved by the Committee was of concern as to timing of
review and possible route implications. He asked Council to direct staff to review a complete range of
options for report at the next Committee meeting in hope of achieving full service as soon as possible.
Councillor J. Smola commented on possible alternatives and suggested that staff look at options,
particularly including Route 8 and 18.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
That clause 3 of the report of the Public Works and Transportation Committee of this date be
amended so as to add the following phrase at the end of the Committee recommendation "with
one of the alternatives being reversal of Route 8 and 18 in the service area" and that clause 3 as
amended, be adopted.
Carried.
Mr. Jake Smola appeared as a delegation to oppose clause 6 of the report of the Finance and
Administration Committee of this date. Clause 6 deals with payment of invoices to contractors for work
performed to complete Fire Station No.6. Also, Mr. Smola pointed out that $732,000 was in the 1992
Capital Budget for the Fire Station when in fact the contract price for construction of the station was
$897,000. He stated that he objected to the contents of a report from Mr. L. Proulx which suggested that
there was an additional $75,000 unspent from the budget when in fact the project was over budget. Mr.
Smola then made comments respecting: outstanding liens against the project, the fact that firefighters
hired to staff the station were unable to do so because of the contractor not completing the station on
schedule and the question of whether or not the contractor or the City should be responsible for the
salaries of these firefighters during this period, reference in the document to a 2-3% fallback which
amounts to $20,000-$30,000 and the question as to whether or not the same situation would apply to
costs respecting the new City Hall. Finally, he asked that Council request staff to prepare a report for
consideration by the Finance and Administration Committee dealing with this matter as well as the
tendering and spending process.
Mr. T. McKay requested that Council not defer payment of the invoices itemized in clause 6 of the
Committee recommendation as the work was required to be done and must be completed. He noted that
all of the questions raised by Mr. Smola could be answered at a later date. Councillor C. Zehr
commented that to defer payment would be to withhold payment from people who, in good faith,
completed work required at the station. In response to Councillor J. Ziegler on the matter of liens and
holdback Mr. J. Wallace advised that Mr. J. Shivas has been directing holdbacks and searching title
regularly in this regard and that all the questions could be fully answered at the January 17 meeting of the
Finance and Administration Committee.
Moved by Councillor C. Zehr
Seconded by Councillor B. Stortz
That clause 6 of the report of the Finance and Administration Committee of this date be adopted.
Carried.
Councillor T. Galloway welcomed the Leader and members of the 8th Kitchener Cub Group who operate
from the Pioneer Public School to the Council meeting this date.
Messrs. Leon Parent and Bob Johnston who are members of the Farmers' Market Advisory Committee
COUNCIL MINUTES - 662 - DECEMBER 13, 1993
appeared as a delegation in support of clause 6 of the report of the Community Services Committee of
this date. Clause 6 deals with installation of an exhaust hood for frying/grilling purposes and the removal
of an existing exhaust hood that does not meet standards of the Fire Department. The delegation pointed
out that the Market Advisory Committee after fully reviewing options with those vendors that would be
affected by this proposal supported the recommendation which complies with the Fire Department's
standards.
Mr. D. Corry, Market Manager, explained that the overall plan was to make the area where the existing
exhaust hood is located available for use by caterers in connection with non-market rentals of the Market
hall and noted that this initiative would enhance the rental of the Market hall. In response to Mayor D.V.
Cardillo, Mr. Corry indicated that it would cost approximately $1,000 to modify the existing exhaust hood
but that it would still be necessary to provide exhaust systems for numerous vendors and this matter was
rationalized within the proposal approved by the Market Advisory Committee.
Ms. Mary Lou Gatto appeared as a delegation on behalf of her mother and herself as they were the
refreshment vendor affected by the removal of the existing exhaust hood. She questioned how the
proposal could possibly be justified and stated that they were being discriminated against and asked
Council to defer consideration of the matter so as to allow all of the facts to be made clear.
Mr. Bud Stanley, Director of Business Facilities, stated that there was no need to defer the matter as the
entire issue was a simple one involving a work order issued by the Fire Department against the Farmers'
Market. He indicated that meetings were held with affected vendors and all alternatives explored with
respect to the issue of both on-site and off-site food preparation and necessary venting systems. Mr.
Stanley advised that the rents of those vendors benefitting from the exhaust system would double to
finance the cost of the necessary Capital improvement and there was no wasting of taxpayer dollars in
this regard.
Councillors G. Lorentz and M. Yantzi then made comments supporting the Committee recommendation.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
That clause 6 of the report of the Community Services Committee of this date be adopted.
A recorded vote was requested by Mayor D.V. Cardillo.
In Favour: Councillors C. Zehr, C. Weylie, M. Yantzi, G.
Leadston, G. Lorentz, J. Smola, J. Ziegler, B. Stortz, T.
Galloway and M. Wagner.
Contra: Mayor D.V. Cardillo.
Motion Carried.
At this point Councillor B. Stortz welcomed the leaders and members of the 5th Kitchener Cub Pack who
operate from St. Andrews Presbyterian Church who had just entered the Council meeting after touring the
City Hall facilities.
Mr. Martin Wasilka appeared as a delegation on two matters. The first item concerns the applications to
be considered this date for tax adjustments. Mr. Wasilka advised that he had recently discovered that he
had been assessed and taxed since 1987 for a non-existent garage on his property and had filed for a
rebate from January 1992. It was noted that this item was listed as No.165 in the Tax Adjustment
Schedule to be considered as part of the Committee of the Whole Agenda of this date. He requested
clarification as the tax adjustment recommendation being made this date as it related only to the year
1993.
Mr. J. Gazzola advised that staff would look into the matter and report at a later date and recommended
that the adjustment as it relates to 1993 be dealt with at this time.
On motion by Councillor B. Stortz, seconded by Councillor C. Weylie, Council indicated that Item 165 of
the tax adjustments would be approved in Committee of the Whole this date.
COUNCIL MINUTES - 663 - DECEMBER 13, 1993
The second issue Mr. Wasilka was appearing on was to question if Provincial Legislation - Bill 120
addresses the location of Lodging Houses and Residential Care Facilities and if Council was using Bill
120 as a motivating force in its decision-making relative to its consideration of the current Inner City
Secondary Plans and Stage 6 of the Comprehensive Zoning By-law. He also questioned if Council
supports the draft Municipal Plan as it relates to statements concerning Heritage Resources and he
proceeded to read a paragraph in this regard from the proposed Municipal Plan. Mr. Wasilka then
suggested that the Central Frederick Neighbourhood was such a district that had such heritage resources
and asked that Council consider this matter.
Councillor B. Stortz replied that Bill 120 relates just to the issue of apartments in houses and that
Kitchener was planning the community based on its own situation. Mr. Wasilka commented that his
question was that the City was trying to get ahead of Bill 120. Mr. T. McCabe supported Councillor Stortz
by stating that the two issues were totally separate from one another and that the current Secondary
Plans and Stage 6 rezoning amendment were the City's own initiatives.
Ms. Michelle Morissetti appeared as a delegation to express support for clause 9 of the report of the
Planning and Economic Development Committee of this date which deals with the Cedarhill
Neighbourhood Secondary Plan. She stated that she was delighted that lodging houses were being
included within all of the Secondary Plans.
Ms. Sally Gunz also appeared as a delegation to support the Cedarhill Neighbourhood Secondary Plan
as recommended by the Committee.
Mr. Barry Gough appeared as a delegation with regard to clause 14 of the report of the Planning and
Economic Development Committee which deals with the Civic Centre Neighbourhood Secondary Plan.
He stated that the neighbourhood association supports the efforts of the City in this regard and especially
the prevention of commercial encroachments that would alter the character of this residential
neighbourhood. He commented on the fact that the Secondary Plan and Zoning By-law provides
sufficient flexibility so as to allow for multiple units. Mayor D.V. Cardillo questioned Mr. Gough what his
position was with respect to 36, 40 and 60 Ellen Street and Mr. Gough replied that the uses at those
properties had been brought forward after the neighbourhood's review, and that the neighbourhood
association was not in favour of any designation other than preservation of residential. Councillor B.
Stortz commented that the neighbourhood was more committed than ever to preserve its residential
character.
Mr. Paul Bender appeared as a delegation representing his mother who owns 40 Ellen Street East which
has been in the family for many years. Mr. Bender suggested that the residential flavour of that portion of
Ellen Street between Queen Street and Lancaster Street, was destroyed many years ago and that he
would favour office type uses in the property. He suggested that it would be good planning to provide a
buffer between the Centre In The Square and Court House and the adjoining residential neighbourhood.
Councillor M. Yantzi commented that these properties on Ellen Street were still residential dwellings.
Mr. Leighton Steinhoff, owner of 58-60 Ellen Street East, appeared as a delegation and advised that the
property contains a barber shop and six apartments and that it was his plan to retire and sell the property.
In this regard, he has received enquiries from lawyers who see the property as an ideal office use given
its location adjacent to the Court House along with eight parking spaces.
Mr. John MacDonald appeared as a delegation on behalf of the Victoria Park Neighbourhood Association
to express support for the entire Planning and Economic Development Committee report of this date. He
asked that the Secondary Plan be viewed as a comprehensive package particularly as to the broad view
of all neighbourhoods that is taken and that he was looking forward to initiation and implementation of
Stage 7 of the Comprehensive Zoning By-law.
Mr. T. McCabe referred members of Council to the memorandum dated December 13, 1993 distributed
this date from Ms. C. Ladd. The memorandum deals with several outstanding issues relative to the
properties within the Secondary Plans and proposed Zoning By-law.
Ms. C. Ladd then reviewed the contents of her memorandum. In reference to the Victoria Park
Neighbourhood Secondary Plan, Ms. Ladd advised that she met with representatives of the owners of
384-402 Queen Street South and that staff were now prepared to recommend a change to the property
designation as outlined.
Councillor M. Yantzi disclosed a conflict of interest and abstained from discussion relative to the Victoria
Park Neighbourhood Secondary Plan and the portions of the proposed Zoning By-law as it relates to
Victoria Park as he owns property within the area of the Secondary Plan.
COUNCIL MINUTES - 664 - DECEMBER 13, 1993
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That a special policy be added to Section 4.6 of the Victoria Park Neighbourhood
Secondary Plan as follows:
4.6.14 Notwithstanding the Medium Density Commercial Residential land use designation
on 384 - 402 Queen Street South, a Floor Space Ratio of 3.0 shall be
permitted.
That Schedule "A", Plan for Land Use, of the Victoria Park Neighbourhood Secondary Plan
be revised to change the designation from "Low Density Commercial Residential" to
"Medium Density Commercial Residential" on the 'non-floodplain' portion of those lands
municipally known as 384 - 402 Queen Street South.
That the proposed zoning on the 'non-floodplain' portion of those lands municipally known
as 384 - 402 Queen Street South be changed from "CR-I" to "CR-2" with a special
regulation provision permitting a maximum FSR of 3.0
That no further notice is required as a result of the proposed changes to the Zoning By-law
prior to the passing of said By-law.
Carried.
Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and
voting as he owns property within the area of the Victoria Park Neighbourhood Secondary Plan.
Ms. Ladd then commented on the Civic Centre Neighbourhood Secondary Plan with regard to 9 Ahrens
Street and 10 Roy Street and pointed out that the designation had been flipped and staff now request that
it be corrected along with the implementing zoning. Councillor B. Stortz stated that this was a mapping
error and that he had clarified the issue with the property owners.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the land use designation on 9 Ahrens Street be changed from "Low Density
Conservation" to "Office Residential Conversion" and the land use designation on 10 Roy
Street be changed from "Office Residential Conversion" to "Low Density Conservation" and
that Schedule 'A', Plan for Land Use, of the Civic Centre Neighbourhood Secondary Plan
be revised in this regard. Further, that the implementing zoning for these properties be
changed accordingly, in order to correct a mapping error.
That no further notice is required as a result of the proposed changes to the Zoning By-law
prior to the passing of said by-law.
Carried.
Mayor D.V. Cardillo advised that he would like to make a motion to change the designation of 36, 40 & 60
Ellen Street to Office Use and that a special policy should be put into the Civic Centre to accommodate
this.
Ms. C. Ladd commented that the Civic Centre Neighbourhood Secondary Plan had numerous special
policies including one for the McMurchy property.
Since Mayor D.V. Cardillo was in the chair, Councillors J. Ziegler and M. Yantzi volunteered to Move and
Second the motion which Mayor D.V. Cardillo proposed.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
That the designation of 36, 40 and 60 Ellen Street within the Civic Centre Neighbourhood
Secondary Plan be changed to Office Use.
COUNCIL MINUTES - 665 - DECEMBER 13, 1993
Councillor B. Stortz pointed out that Ellen Street has thrived since implementation of the original plan and
its residential integrity had been upheld and would continue to be with implementation of the new plan.
Mayor D.V. Cardillo requested that the three residential properties at least be given the flexibility to
change to Office Use.
The motion was then put to a recorded vote as requested by Mayor D.V. Cardillo.
In Favour: Mayor D.V. Cardillo.
Contra: Councillors C. Zehr, C. Weylie, J. Ziegler, M. Yantzi,
J. Smola, G. Leadston, G. Lorentz, M. Wagner, T. Galloway
and B. Stortz.
Motion Lost.
Ms. C. Ladd then commented on the three remaining matters in her memorandum. The Zion United
Church properties were deferred for consideration this date and she recommended that the proposed
designation and zoning be approved. Councillor B. Stortz commented that he held a meeting with
trustees of the church and that Mr. L. Matthews had drafted a letter which Mr. Russell Feil, the church's
representative, feels satisfied with and would be passing the letter on to church trustees.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the proposed special policy for the Zion United Church in the Civic Centre Neighbourhood
Secondary Plan and the proposed special regulation provision in the implementing Zoning By-law
be approved as proposed for the reasons stated in the December 13, 1993 letter from Mr. L.
Masseo to Mr. Russell Feil.
Carried.
Ms. Ladd then commented on 530 Mill Street and noted that the owner is proceeding with development of
the property under the existing by-law. She also stated that a letter had been received this date
requesting a deferral of the property at 63 Courtland Avenue which staff oppose. Councillor M. Yantzi
stated that he has spoken to the owner relative to this matter.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the land use designation in the MilI-CourtlandANoodside Park Neighbourhood
Secondary Plan and implementing zone for 530 Mill Street be approved as proposed as the
owner is proceeding with the proposed industrial use at this time under the current
industrial zoning and no longer has any objections to the proposed residential designation
and zone.
That the requested deferral, as outlined in the letter dated December 13, 1993 from Minas
Vassiliadis, for the lands in the MilI-CourtlandANoodside Park Neighbourhood Secondary
Plan located at 63 Courtland Avenue, not be granted.
Carried.
Councillor M. Wagner again expressed concern with respect to the issue of a 4.5 metre setback as dealt
with by the Local Architectural Conservation Advisory Committee and considered by the Planning and
Economic Development Committee. He stated it was his concern to make sure that this issue is flagged
and dealt with in future by the Planning and Economic Development Committee as required. Ms. C. Ladd
advised that the City has not had a problem with properties that have even a minimal building line and
noted that if the situation of concern to Councillor Wagner occurs there would be nothing staff would be
able to do at the time that it happens, but that staff would monitor and review such occurrences and bring
them to the attention of the Committee.
Councillor M. Wagner then raised a concern with regard to the 12 metre (40 foot) minimum lot width
contained in the Secondary Plans and noted that many of the lots on streets in his ward were 39 feet. He
questioned what assurance could be given that owners of these properties when making enquiries at the
City, would have a chance of achieving duplexing.
COUNCIL MINUTES - 666 - DECEMBER 13, 1993
In response to Councillor M. Wagner, Ms. C. Ladd advised that it was necessary for staff to pick a
number as a standard width in regard to this matter. She suggested that it was inappropriate for Council
to give direction to the Committee of Adjustment in respect to future applications relating to the approval
of a variance as a result of inadequate minimum lot width but noted that the Committee of Adjustment
would be looking at other criteria when they consider such requests. In summary, she stated that staff felt
the concern expressed by Councillor Wagner was not a problem that would prohibit approval of variance
applications.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the report of the Planning and Economic Development Committee (November 29, 1993) of
Council of this date be adopted.
Carried.
Moved by Councillor C. Weylie
Seconded by Councillor J. Ziegler
That the report of the Planning and Economic Development Committee (December 6, 1993) of
Council of this date be adopted.
Councillor T. Galloway expressed concern with respect to clause 5 of the report concerning an Official
Plan Amendment dealing with road widening policies. He stated that he wanted it understood that the
only reason scenic roads were on the list was not because it was intended that they be subject of a hard
surface widening, but rather they were on the list in order to maintain the right-of-way for scenic
preservation. He noted that the new Municipal Plan would refer to these roads which he listed as Dodge
Drive, Groh Drive, Mill Park Drive, Reidel Drive, Stauffer Drive and Trussler Road.
Councillor B. Stortz commented on the merit of the planning process that had been followed respecting
the Inner City Neighbourhood Secondary Plans and Amending Zoning By-law and thanked staff for their
efforts in this regard.
On motion by Councillor C. Weylie, seconded by Councillor J. Ziegler, it was agreed to amend clauses
11, 14 & 15 of the report to incorporate the resolutions approved this date relating to the properties known
as 384-402 Queen Street Soouth, 9 Ahrens Street, 10 Roy Street and the lands of Zion United Church
fronting on Weber Street extending to Roy Street.
The report was then put to a vote and a recorded vote was requested in respect to clauses 6 through 15
inclusive.
Voted on clause by clause.
Clause 6, 7, 8, 9, 10, 11 (as amended), 12, 13, 14 (as amended) and
15 (as amended).
In Favour: Mayor D.V. Cardillo and Councillors C. Zehr, C. Weylie, B.
Stortz, M. Yantzi, M. Wagner, G. Leadston, G. Lorentz, J. Smola, J.
Ziegler and T. Galloway.
Contra: None.
Balance of report - Carried.
Recorded conflict of interest and abstention:
Carried.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
That the report of the Community Services Committee of this date be adopted.
Councillor M. Yantzi - Portions of clauses 11 & 15 as they relate to his
residential property and neighbouring lands within Victoria Park.
COUNCIL MINUTES - 667 - DECEMBER 13, 1993
Councillor G. Lorentz spoke to the matter of appointment of a General Manager and Assistant General
Manager for the Parks & Recreation Department effective January 1, 1994 and advised that a News
Release had been prepared in this regard.
Moved by Councillor G. Lorentz
Seconded by Councillor J. Smola
That the following motion be added as clause 15 of the Committee report:
"That effective January 1, 1994, Tom Clancy be appointed General Manager of the Parks &
Recreation Department and Bob Arnot be appointed Assistant General Manager."
Carried.
In regard to clause 11 concerning the Chandler Mowat Community Centre, Councillor T. Galloway
advised that there will be some form of Opening Ceremonies take place early in 1994.
Councillor M. Yantzi expressed concern with regard to clause 8 concerning upgrading of Rockway Golf
Course and relocation of Rockway Lawn Bowling to an alternate site. He indicated that information had
been provided this date concerning final costs for the lawn bowling relocation which were of concern to
him and asked that he be recorded as being opposed to clause 8.
The report was then put to a vote.
Voted on clause by clause.
Clause 6 - Dealt with under Delegations and Carried.
Balance of report - Carried.
Recorded conflict of interest and abstention:
Clause 5 - Councillor T. Galloway as he is employed by the
University of Waterloo.
Moved by Councillor C. Zehr
Seconded by Councillor B. Stortz
That the report of the Finance and Administration Committee of this date be adopted,
Voted on clause by clause,
Clause 6 - Dealt with under Delegations and Carried.
Balance of Report - Carried.
Moved by Councillor M. Wagner
Seconded by Councillor M. Yantzi
That the report of the Local Architectural Conservation Advisory Committee (November 19, 1993)
of this date be adopted.
Councillor M. Wagner advised that he wished to introduce a re-wording with respect to clause 4 of the
report. On motion by Councillor M. Wagner, seconded by Councillor M. Yantzi, it was agreed to amend
clause 4 of the report to reflect the new wording provided by Councillor Wagner.
The report was then put to a vote.
Voted on clause by clause.
Clause 4 - Carried (as amended).
COUNCIL MINUTES - 668 - DECEMBER 13, 1993
Balance of report - Carried.
Moved by Councillor M. Wagner
Seconded Councillor M. Yantzi
That the report of the Local Architectural Conservation Advisory Committee (December 10, 1993)
of this date be adopted.
Carried.
Moved by Councillor J. Smola
Seconded by Councillor G. Lorentz
That the report of the Public Works and Transportation Committee of this date be adopted.
Councillor J. Ziegler referred to clause 5 of the report concerning the Accessibility Implementation Plan
and requested additional information. On motion by Councillor J. Ziegler, seconded by Councillor T.
Galloway, staff were requested to prepare information outlining comparative cost between 12 year old
City transit buses and necessary repairs and the cost of acquiring new buses and how the figures relate
to the 18 year Provincial standard.
Councillor G. Lorentz noted that the matter of blinking street lights had been raised at an earlier meeting
and an advertisement to citizens had recently been placed in the local newspaper. Persons observing
blinking street light on streets were asked to telephone the Kitchener-Wilmot Hydro Commission and on
public walkways were asked to call the City.
The report was then put to a vote.
Voted on clause by clause.
Clause 3 - Dealt with under Delegations and Carried (as
amended).
Clause 10 - Dealt with under Delegations and Carried.
Balance of report - Carried.
Moved by Councillor C. Weylie
Seconded by Councillor G. Leadston
That Councillor J. Ziegler be appointed to the Environmental Committee for a term to expire
November 30, 1994.
Carried.
On behalf of the Kitchener-Waterloo Area Visitor & Convention Bureau, Councillor M. Wagner presented
a plaque to the City which was accepted by Mayor D.V. Cardillo that commemorates the official opening
of Kitchener City Hall on September 18, 1993.
Councillor G. Leadston advised that in the former City Hall, there was a Canada Post postal drop box and
questioned if one was to be included in the new City Hall. Mr. T. McKay advised that he would report on
this matter.
Councillor J. Ziegler advised that he would like to get the issue of hazardous waste transfer stations on to
the Planning and Economic Development Committee future agenda. He suggested that staff consider
eliminating a number of possible sites from zoning and instead propose a site in each quadrant of the
City.
Moved by Councillor J. Ziegler
Seconded by Councillor C. Weylie
COUNCIL MINUTES - 669 - DECEMBER 13, 1993
That the Commissioner of Planning and Development be requested to prepare a report reviewing
the potential location of hazardous waste transfer stations under existing zoning and consider the
possibility of designating only one site in each quadrant of the City and that the matter then be
referred to the Planning and Economic Development Committee for consideration.
Carried.
Councillor T. Galloway noted that sometime ago City Council had authorized clean up of the property
known as 1188 Ottawa Street South which was subsequently acquired and redeveloped by Dr. Stephen
Code who has opened an office in the Heritage House after first renovating and adding onto it. He stated
that this was a good example of a private individual who has dealt with a property that previously was a
problem and complimented Dr. Code for his initiative as well as City staff who assisted him in undertaking
his project.
Councillor T. Galloway noted that City Council recently dealt with floodplain policy and during discussions
he had expressed concern that residents in Upper Doon in the Schneider Creek area had not had an
opportunity for input into the policy. He pointed out that it was said that a meeting would be convened in
this regard. Councillor Galloway advised that he, along with Mr. L. Masseo had recently held a meeting
with residents to inform them of this matter and it would appear from the results of the meeting that the
residents have many concerns. He questioned how the City would deal with these concerns and
incorporate discussions of the residents with respect to the Floodplain Policy and Zoning By-law.
Accordingly, he requested the affected residents have the opportunity for input into the Policy and Mr. S.
Klapman was directed to take this matter under advisement.
At the request of Mr. R.W. Pritchard, City Clerk, Council agreed to the addition of three by-laws for three
readings, the first dealing with amendment to Chapter 501 of the Municipal Code with respect to licence
fees, the second dealing with an amendment to Chapter 542 of the Municipal Code with respect to
exhibitions, circus, midway or carnival and the third dealing with amendment to Chapter 594 of the
Municipal Code with respect to theatre, music hall, moving picture show or any other place of
amusement. It was also agreed to add a further by-law for first reading dealing with amendment to
Chapter 375 of the Municipal Code with respect to tariff of fees for the Committee of Adjustment and if the
recommendation relative to this matter as listed on the Committee of the Whole was approved, then the
by-law should also receive second and third readings this date.
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
That leave be given the Mover and Seconder to introduce the following by-laws, namely:
(a)
Being a by-law to amend the City of Kitchener Municipal Code - Chapter 320 imposing a
special charge on classes of buildings that impose or may impose a heavy load on the
sewer or water system
(b)
Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointments of Staff
(c)
Being a by-law to provide for the establishing and laying out of part of Country Hills Drive
as a public highway in the City of Kitchener
(d)
Being a by-law to provide for the establishing and laying out of part of Bridgeport Road
between Lancaster Street West and Riverbend Drive as a public highway in the City of
Kitchener
(e) To confirm all actions and proceedings of the Council
(f)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 32, Registered
Plan 1721 - Old Huron Court
(g)
Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect
to Cemeteries - Municipal
(h)
Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect
to Tariff of Fees Planning Matters
COUNCIL MINUTES - 670 - DECEP/BER 13, 1993
(i)
d)
(k)
Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect
to Licence Fees
Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect
to Tariff of Fees Committee of Adjustment
Being a by-law to amend Chapter 542 of The City of Kitchener Municipal Code with respect
to Exhibitions, Circus, Midway or Carnival
Being a by-law to amend Chapter 594 of The City of Kitchener Municipal Code with respect
to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement
and that the same be taken as read a first time and stand referred to the Committee of the Whole.
Carried.
On motion, the Council resolved itself into the Committee of the Whole to consider its agenda and Mayor
D.V. Cardillo appointed Councillor B. Stortz as Chairman.
On motion, the Council rose from the Committee of the Whole and Mayor D.V. Cardillo occupied the
Chair.
Moved by Councillor B. Stortz
Seconded by Councillor G. Lorentz
That the proceedings and the recorded pecuniary interests and conflicts taken in the meeting of
the Committee of the Whole held this date, as attached hereto and forming part of these minutes
are hereby adopted and confirmed.
Carried.
10.
(f)
(e)
(d)
To confirm all actions and proceedings of the Council
(By-law No. 93-221)
Being a by-law to exempt a certain lot from Part Lot Control - Part Block 32, Registered
Plan 1721 - Old Huron Court
(By-law No. 93-222)
Being a by-law to amend Chapter 210 of the City of Kitchener Municipal Code with respect
to Cemeteries - Municipal
(By-law No. 93-223)
Moved by Councillor J. Ziegler
Seconded by Councillor M. Yantzi
That the by-laws listed on the agenda for third reading, namely:
(a) Being a by-law to amend Chapter 101 of The City of Kitchener Municipal Code regarding
Appointments of Staff
(By-law No. 93-218)
(b) Being a by-law to provide for the establishing and laying out of part of Country Hills Drive
as a public highway in the City of Kitchener
(By-law No. 93-219)
(c) Being a by-law to provide for the establishing and laying out of part of Bridgeport Road
between Lancaster Street West and Riverbend Drive as a public highway in the City of
Kitchener
(By-law No. 93-220)
COUNCIL MINUTES - 671 - DECEMBER 13, 1993
(g)
(h)
(i)
(J)
(k)
Being a by-law to amend Chapter 380 of the City of Kitchener Municipal Code with respect
to Tariff of Fees Planning Matters
(By-law No. 93-224)
Being a by-law to amend Chapter 501 of The City of Kitchener Municipal Code with respect
to Licence Fees
(By-law No. 93-225)
Being a by-law to amend Chapter 375 of The City of Kitchener Municipal Code with respect
to Tariff of Fees Committee of Adjustment
(By-law No. 93-226)
Being a by-law to amend Chapter 542 of The City of Kitchener Municipal Code with respect
to Exhibitions, Circus, Midway or Carnival
(By-law No. 93-227)
Being a by-law to amend Chapter 594 of The City of Kitchener Municipal Code with respect
to Theatre, Music Hall, Moving Picture Show or any other Place of Amusement
(By-law No. 93-228)
be taken as read a third time, be finally passed and numbered serially by the Clerk.
Carried.
On motion, the meeting adjourned.
Mayor Clerk
COUNCIL MINUTES - 672 - DECEMBER 13, 1993
REPORTS ADOPTED BY COUNCIL - DECEMBER 13, 1993
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (NOVEMBER 29, 1993)
1. That City Council approve Official Plan Amendment Application 93~9, being an amendment to the
Kitchener Official Plan to adopt holding provisions for environmental remediation and clean-up, as
listed herein and the By-law implementing same be approved, namely:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is hereby Amended as follows:
1. By adding the following policies to Section IV of the Plan as a new Section IV.20, "Holding
Provisions - Environmental Remediation and Clean-up":
"20. HOLDING PROVISIONS - ENVIRONMENTAL REMEDIATION AND CLEAN-UP
Introduction
The policies of this Section enable the City of Kitchener to zone lands for future urban uses
where there is a potential risk to human or environmental health by reason of the presence
of contaminants. In certain instances, based on land use planning considerations, former
industrial sites, lands fill sites or other potentially hazardous sites may be designated and
zoned for urban purposes pending the fulfilment of specific conditions for environmental
remediation and clean-up.
Policies
i)
Holding provisions may be applied by the Municipality on lands which may have
been or may become contaminated and pose a risk to human and environmental
health. The contamination of such lands may be due to the existence, either past or
present, of such uses or facilities as; transportation or utility corridors; landfill,
incinerator or other waste disposal sites; lands affected by the presence of landfill
generated gases, particularly the production and migration of methane gas; sites
affected by the presence of coal tar deposits; sewage treatment plants; or industrial
uses.
ii)
Use of the holding provision in conjunction with passage of a zoning by-law
amendment may be appropriate following the submission and acceptance by the
Ministry of Environment and Energy of a site environmental audit which shall be
prepared for all lands which may be contaminated and pose a risk to human and
environmental health. An environmental audit shall consist of documentation of past
and present uses of the lands as well as a professional analysis of all soils, ground
waters and surface waters. Where the environmental audit identifies the presence
of contaminants above acceptable concentrations established by the province, the
proponent shall be required to undertake a site clean-up process and a remedial
action program in accordance with the Ministry of Environment and Energy's
"Guidelines for the Decommissioning and Clean-up of Sites in Ontario". The holding
symbol may be removed upon notification from the Ministry of Environment and
Energy that a verification sampling program has been completed, and that the site
has been made suitable for the proposed new use."
It is the opinion of this Committee that the approval of this Amendment is proper planning for the
City.
PLANNING AND ECONOMIC DECEMBER 13, 1993
COUNCIL MINUTES - 673 - DECEMBER 13, 1993
DEVELOPMENT COMMITTEE
PLANNING & ECONOMIC DEVELOPMENT COMMITTEE (DECEMBER 6, 1993)
That Councillor C.M. Weylie be appointed Chairman of the Planning & Economic Development
Committee of Council for a term to expire November 30, 1994.
That Councillor J. Ziegler be appointed Vice-Chairman of the Planning & Economic Development
Committee of Council for a term to expire November 30, 1994.
That the Legal Department and the General Services and City Clerk's Department be instructed to
proceed with the preparation of a by-law, ordering of a reference plan, and the necessary
advertising in the local newspaper for the closing of a public highway abutting Lots 12 to 31
inclusive of Registered Plan 263. The following conditions are to be satisfied, to the satisfaction of
the City Solicitor, prior to conveyance of the closed road to J. M. Schneider Inc.:
That CN Rail, as the only other owner of abutting lands, confirm in writing that it has no
interest in acquiring any portion of the road to be closed.
That J.M. Schneider Inc. pay all survey and registration costs associated with the closure of
the road and that the survey be completed and registered prior to the completion of the lane
closure.
That J.M. Schneider Inc. pay for the costs of relocating the existing hydrant, plugging the
existing watermain and, if necessary, the removal of any affected portion of the existing gas
main.
That J.M. Schneider Inc. make satisfactory arrangements with Kitchener Wilmot Hydro for
the disposition of utility poles on that portion of the road to be closed.
That J.M. Schneider Inc. shall be responsible, financial and otherwise, for the design and
construction of a vehicle turn-around, to the satisfaction of the Department of Public Works.
That J.M. Schneider Inc. pay fair market value for the part of Palmer Avenue to be closed to
the City of Kitchener and take title in the same name as abutting lands.
That Council Policy Resolution Number 1-81 respecting Environmental Committee Terms of
Reference be revised as to Membership and Organization by deleting "Five members from the
public who shall be appointed by Council" and replacing it with "The number of members of the
public shall be as determined by resolution of Council".
That City Council approve Official Plan Amendment 93/12 to revise Section IV. 18. vi, and
Schedules "A" and "B" - Road Widening Policies of the Kitchener Official Plan to delete roads and
intersections that are no longer being considered for widening, as outlined:
SECTION 4 - THE AMENDMENT
The Official Plan of the City of Kitchener is hereby Amended as follows:
1)
Section IV. 18 - Highway Widening Policies is hereby amended by deleting existing Policy vi)
and replacing it with the following:
vi)
Additional road widenings for turning lanes, radii refinement and other intersection
improvements may be required at intersections or from major traffic generators. Turning
lanes shall be no greater than 120 metres long, 5 metres wide for left turn lanes or 60 metres
long and 3 metres wide for right turn lanes.
2)
Existing "Schedule A - Highways to be Widened" is repealed and replaced with the following
"Schedule A - Highways to be Widened".
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 674 - DECEMBER 13, 1993
5. (Cont'd)
Schedule A - Highways to be Widened
ROAD NAME:
Ann Street
Balzer Road
SECTION:
Frederick Street to end
20m
C. N.R. to end
Belmont Avenue
30m
Benton Street
18m
18m
Biehn Drive
Bingeman Street
18m
Bond Street
18m
Bramm Street
20m
Brick Street
Cameo Drive
16m
Cameron Street
Carwood Avenue
20m
Church Street
20m
College Street
Connor Street
37m to 125m south of Glasgow St.
Schneider Creek to Martin Street
Martin Street to Courtland Avenue
Huron Road to Carlyle Drive
20m
Lancaster Street to Samuel Street
Union Street to Elizabeth Street
Victoria Street South to C. N. R.
Ottawa St. N. to Rosedale Avenue
Highway No. 8 to Hoffstetter Ave.
Weber Street to Troy Street
20m
Approximately 46m east of
Courtland Avenue to Cayley Ct.
Queen Street to Cedar Street
King Street to Weber Street
20m
Manitou Drive to end
Cress Lane
Manitou Drive to end
David Street
18m
Dayman Court
Dodge Drive
20m
Doon Valley Dr.
Courtland Avenue to Joseph Street
Westwood Drive to completion of cul-de sac
New Dundee Road to New Dundee Road
Pinnacle Drive to Durham Street
ULTIMATE WIDTH:
20m
18m
20m
20m
20m
COUNCIL MINUTES - 675 - DECEMBER 13, 1993
20m
Eb¥ Street
20m
Ebydale Drive
20m
Ellen Street
18m
Fairview Avenue
Forwell Road
Gage Avenue
Gallarno Court
General Drive
20m
Glasgow Street
20m
20m
Goudies Lane
7.62m
Graber Place
Greensview Drive
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
(Cont'd)
Groh Street
20m
Grove Drive
18m
Guelph Street
20m
Gzowski Lane
Hall's Lane East
Hall's Lane West
7.62m
Heiman Street
Heit Lane
7.62m
Charles Street to King Street
Lackner Road to Forwell Road
Queen Street to Lancaster Street
King Street to Weber Street
18m
Centennial Road to completion of cul-de-sac
Belmont Avenue to Waverly Road
Westwood Drive to completion of cul-de-sac
Lancaster Street to Lang Crescent
Highland Road to Fischer-Hallman Road
Silvercrest Dr. 118.9m east of Westmount Rd.
Belmont Avenue to Walter Street
Frederick Street to Ontario Street North
Dreger Avenue to end
18m
Limerick Drive to end
16m
Dodge Drive to Stauffer Drive
Koch Avenue to Fischer-Hallman Road
Moore Avenue to Riverbend Drive
Ahrens St. W. to rear of 186 Victoria St. N.
Water St. N. to No. 11 & 31 Young Street
Victoria Street South to Eby Street South
Highland Road to south limit
Duke Street West to Victoria Street North
20m
20m
26m
DECEMBER 13, 1993
7.62m
7.62m
18m
COUNCIL MINUTES DECEMBER 13, 1993
Henry Street
18m
Heritage Drive
20m
Hidden Valley Rd.
Hill Street
18m
Hofstetter Ave.
20m
Horning Drive
18m
Howe Drive
Huron Road
26m
Huron (Old) Road
Inadale Court
Irvin Street
20m
Jackson Avenue
Joseph Street
20m
Kingsbury Drive
20m
Kingsway Drive
26m
26m
Krug Street
20m
Lancaster Street
20m
Lang Crescent
18m
Limerick Drive
16m
Lookout Lane
- 676 -
Victoria Street South to Devon Street
Indian Road to Ebydale Drive
Proposed River Road at Goodrich Drive
to Highway No. 8
Lancaster Street to St. Vincent Street
King Street East to Hwy. No.8
Bloomingdale Road to end
Ottawa Street to end
Westmount Road to Strasburg Road
Homer Watson Boulevard to Mill Park Drive
Battler Road west to end
16m
Battler Road to Biehn Drive
20m
Westwood Drive to end
20m
Lancaster Street to Frederick Street
King Street to Weber Street
18m
Queen Street to Gaukel Street
Victoria Street to C. N. R.
20m
Hwy. No. 8 to King Street East
Wilson Avenue to Greenfield Avenue
Cedarwoods Crescent to Hwy. No.8
Lancaster Street to Weber Street
Weber Street to Victoria Street
Horizon Ct. to Lancaster Street
King Street East to Greensview Drive
Pioneer Tower Road to end
20m
18m
20m
COUNCIL MINUTES - 677 - DECEMBER 13, 1993
16m
Macville Avenue
16m
Madison Avenue
20m
Mansion Street
Margaret Avenue
20m
20m
Woolwich Street to end
Mill Street to Charles Street
Charles Street to Weber Street
Lancaster Street to Ellen Street
Queen Street to Victoria Street
Wilhelm Street to Blucher Street
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
5. (Cont'd)
Market Street
Mill Street
20m
Mill Park Drive
20m
Mittierra Drive
13.7m
Morrison Road
20m
Mt. Hope Street
North Hill Place
16m
Old Chicopee Dr.
20m
Old Huron Place
Old Mill Road
20m
Ontario Street
20m
Oregon Drive
Pandora Avenue
18m
Horning Drive to end
18m
Queen Street to Bedford Road
Old Mill Road to approximately
276m east of Old Mill Road
Wilfong Drive to end
King Street East to Manor Drive
Park Street to King Street
18m
Fairway Road to end
Kenora Drive to Old Chicopee Drive Diversion
Old Chicopee Drive Diversion to Fairway Road
Fairway Road to Morrison Road
Biehn Drive to end
Durham Street to Doon Valley Drive
Joseph Street to Weber Street
Doon Village Road to end
16m
King Street to Charles Street
DECEMBER 13, 1993
20m
16m
16m
COUNCIL MINUTES - 678 - DECEMBER 13, 1993
Pinnacle Drive
20m
20m
Pioneer Tower Rd.
Plains Road
20m
Prince Street
16m
Queen St. N.
18m
Queen St. S.
20m
Reichert Drive
16m
Reidel Drive
26m
Riverbend Drive
20m
Scott Street
Sheldon Avenue
20m
Shirk Place
16m
Spetz Avenue
20m
St. George Street
18m
Stauffer Drive
Stirling Avenue
20m
Strange Street
Strasburg Road
20m
Tagge Street
New Dundee Road to New Dundee Road
Doon Valley Drive to Amherst Drive
Marquette Drive to end
20m
Trussler Road to Huron Road
Bloomingdale Road to Tyson Drive
King Street to Ahrens Street
20m
Ellen Street to Lancaster Street
St. George Street to King Street
Kitchener City Limits to New Dundee Road
New Dundee Road to Stauffer Drive
Guelph Street to Shirley Avenue
King Street to Irvin Street
20m
King Street to Rosedale Avenue
Lancaster Street to Woolwich Street
Scott Street to Frederick Street
Queen Street to Benton Street
Reidel Drive to Tilt Drive
26m
Avalon Place to Mill Street
King Street to Weber Street
20m
C. N.R. to Victoria Street
20m
Glasgow Street to C. N. R.
20m
Chandler Drive to Ottawa Street
Bridge Street to approximately
110m east of Daniel Street
COUNCIL MINUTES - 679 - DECEMBER 13, 1993
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
20m
DECEMBER 13, 1993
(Cont'd)
Theresa Street
Towerview Avenue
18m
Trussler Road
20m
Tyson Drive
Union Boulevard
Vanier Drive
Waverly Road
18m
Wellington St.
20m
Wentworth Avenue
18m
Westhill Drive
20m
Wilson Avenue
26m
Woolner Drive
20m
Woolwich Street
20m
Young Street
Zeller Drive
2)
Victoria Street South to Park Street
18m
Ontario Hydro R.O.W. to end
New Dundee Road to Bleams Road
Bridge Street to end
18m
Park Street to K-W Border
20m
Walton Avenue to end
20m
Gage Avenue to Strange Street
Major Street to Lancaster Street
Highland Court Park to Spadina Road
K-W Border to Glasgow Street
Grand River Railway to Kingsway Drive
Zeller Drive to Lackner Boulevard
Shirk Place to Bridge Street
20m
Old Woolwich Street to Kiwanis Park Drive
King Street to Weber Street
20m
The Grand River to approximately 2,652m
along Zeller Drive
20m
Existing "Schedule B - Intersections that may exceed the designated road allowance" is
repealed and replaced with the following "Schedule B - Intersections that may exceed the
designated road allowance."
Schedule B - Intersections that may exceed the designated road allowance
Agnes Street and King Street
Ahrens Street and Victoria Street
Belmont Avenue and Glasgow Street
COUNCIL MINUTES - 680 - DECEMBER 13, 1993
Belmont Avenue and Victoria Street
Belmont Avenue and Gage Avenue
Belmont Avenue and Highland Road
Belmont Avenue and Queen's Boulevard
Breithaupt Street and King Street
Charles Street and Stirling Avenue
Courtland Avenue and Mill Street
Fairway Road and Manitou Drive
Gage Avenue and Belmont Avenue
Glasgow Street and Belmont Avenue
Glasgow Street/Strange Street and Park Street
Glasgow Street and Westmount Road
Goodrich Drive (River Road extension) and Wilson Avenue
Green Street and Park Street
Guelph Street and Lancaster Street
Guelph Street and Weber Street
Guelph Street and Margaret Avenue
Highland Road and Hoffman Street
Highland Road and
Highland Road and
Highland Road and
Belmont Avenue
Queen's Boulevard
Stirling Avenue
Hoffman Street and Highland Road
Joseph Street and Queen Street South
Joseph Street and Victoria Street
King Street and Stirling Avenue
King Street and Agnes Street
King Street and Breithaupt Street
King Street and Morrison Road
Krug Street and Weber Street
Krug Street and River Road
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
5. (Cont'd)
Lancaster Street and Guelph Street
Lancaster Street and Queen Street North
Lancaster Street and Wellington Street North
Manitou Drive and Fairway Road
Margaret Avenue and Guelph Street
Margaret Avenue and Queen Street
Margaret Avenue and Victoria Street
Mill Street and Stirling Avenue
Mill Street and Courtland Avenue
Mill Street and Ottawa Street
Mill Street and Queen Street South
Morrison Road and King Street
Ottawa Street and Mill Street
Park Street and Green Street
Park Street and Glasgow Street/Strange Street
Queen Street South and Mill Street
Queen Street North and Weber Street
Queen Street North and Lancaster Street
Queen Street North and Margaret Avenue
Queen Street South and Joseph Street
Queen's Boulevard and Belmont Avenue
Queen's Boulevard and Highland Road
Queen's Boulevard and Westmount Road
River Road and Krug Street
Stirling Avenue and King Street
Stirling Avenue and Charles Street
Stirling Avenue and Mill Street
Stirling Avenue and Highland Road
Victoria Street and Belmont Avenue
COUNCIL MINUTES - 681 - DECEMBER 13, 1993
Victoria Street and Joseph Street
Victoria Street and Margaret Avenue
Victoria Street and Ahrens Street
Wabanaki Drive and Wilson Avenue
Weber Street and Wellington Street
Weber Street and Queen Street North
Weber Street and Guelph Street
Weber Street and Krug Street
Wellington Street and Weber Street
Wellington Street North and Lancaster Street
Westmount Road and Queen's Boulevard
Westmount Road and Glasgow Street
Wilson Avenue and Goodrich Drive (River Road extension)
Wilson Avenue and Wabanaki Drive
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the
City.
That City Council approve Official Plan Amendment 88~7 (Mill CourtlandANoodside Park
Neighbourhood Secondary Plan) as outlined:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is amended as follows:
4.1
Section IV. 11, "Comprehensive Planning Principles and Policies - Policies for
Specific Areas" is amended by deleting Policy xxxvi).
The following policies are added to the Official Plan as a Secondary Plan for the
Mill Courtland-Woodside Park Neighbourhood:
GENERAL POLICIES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
4.1.1
4.1.2
4.1.3
4.1.4
Approval under Section 41 of the Planninq Act, (1990) shall be required for any
development which includes redevelopment or conversions considered development
under the Act. It is intended that development should be of a siting and design which will
be compatible with the existing development and particularly the single detached
dwellings of the residential areas of the neighbourhood.
The policies of this Plan will be implemented through application of the comprehensive
Zoning By-law. Maintenance of existing structures will be encouraged through the
Property Standards By-law.
Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall
continue to apply to the Mill Courtland-Woodside Park Neighbourhood except where
specifically cited within the text of this Amendment.
Schedule "A" entitled "Plan for Land Use" and Schedule"B" entitled "Flood Plain and
Environmental Areas" both attached shall form part of the Mill Courtland-Woodside Park
Secondary Plan.
4.1.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Mill
COUNCIL MINUTES - 682 - DECEMBER 13, 1993
Courtland-Woodside Park Neighbourhood constitutes the area bounded by Queen
Street, Courtland Avenue and the extent of the "Medium Density Commercial
Residential" and "High Density Commercial Residential" designations within the
Neighbourhood, as shown on Schedule "A".
4.1.6
It is recognized that, in some instances, the land use designations shown on Schedule
"A" are not coincident with rear property lines. The severance of rear or flanking
property assemblies for integrated redevelopment schemes will be permitted provided
that the remnant or remaining parcel continues to be in conformity with the policies of the
Plan and the implementing Zoning By-law.
4.1.7
It is recognized that, in certain locations, legally closed City owned laneways form the
boundary between land use designations. In instances where such laneways are sold
by the City, the laneway may take on the land use designation of the property with which
the laneway is being consolidated without amendment to this Plan.
4.2
4.2.1
4.2.2
TRANSPORTATION POLICIES
Map 1, "Plan for Land Use", Map 2, "Floodplain and Environmental Areas", Map 3,
"Primary Aggregate Resource Areas", and Map 4, "Community Improvement Areas" are
amended to show the classification of roads within the Mill Courtland-Woodside Park
neighbourhood as designated on the attached Schedule "A".
That, where appropriate, the City make efforts to obtain surplus railway land as it
becomes available as a means of securing additional sections of the off-street
community trail.
4.3
4.3.1
FLOOD PLAIN POLICIES
The flood plain of the portions of Schneider Creek and the Shoemaker Greenway within
the Mill Courtland-Woodside Park neighbourhood is designated as a Two-Zone Flood
Plain Policy Areas by the City of Kitchener and the Grand River Conservation Authority.
For detailed flood plain planning policies, reference shall be had to Section IV. 12 of the
Official Plan, "Flood Plain Policies".
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
4.3.2
Underground parking facilities will be permitted within the flood fringe in the Medium
Density Commercial Residential designation provided that such under ground parking
facility is floodproofed to the Regulatory Flood elevation and safe access is maintained
during times of severe flooding.
4.4
4.4.1
LAND USE DESIGNATIONS
Low Density Conservation
The intent of the "Low Density Conservation" designation is to retain the existing Iow
rise, Iow density, primarily detached housing stock while simultaneously allowing a slight
density increase by permitting conversion or redevelopment to a maximum of three
dwelling units.
Permitted uses are restricted to single-detached dwellings, semi-detached dwellings,
duplex dwellings, multiple dwellings to a maximum of three dwelling units, lodging
houses, small residential care facilities, home businesses and private home day care.
COUNCIL MINUTES - 683 - DECEMBER 13, 1993
4.4.2 Low Density Multiple Residential
The intent of the "Low Density Multiple Residential" designation is to recognize existing
multiple dwellings and permit the development and integration of higher density multiple
residential uses while maintaining the overall Iow rise characteristics of the
neighbourhood.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-
detached dwellings, multiple dwellings, lodging houses, small and large residential care
facilities, home businesses and private home day care. Opportunities for development
are provided to a maximum density of 100 units per hectare. The maximum floor space
ration shall be 1.0, meaning the above grade gross building floor area shall not exceed
1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per
hectare on an individual lot provided the floor space ratio is not exceeded.
4.4.3 Medium Density Multiple Residential
The intent of the "Medium Density Multiple Residential" designation is to recognize
existing multiple dwellings built at densities up to 200 units per hectare.
Permitted uses are restricted to existing single detached dwellings and semi-detached
dwellings, duplex dwellings, multiple dwellings, lodging houses, small and large
residential care facilities, home businesses, day care facilities and private home day
care. Day care facilities are permitted provided they are located on the same lot as a
large multiple dwelling. Opportunities for development are provided to a maximum
density of 200 units per hectare. The maximum floor space ratio shall be 2.0, meaning
the above grade gross building floor area shall not exceed 2.0 times the lot area.
Multiple dwellings may be permitted to exceed 200 units per hectare on an individual lot
provided the floor space ratio is not exceeded.
4.4.4 General Industrial
General Industrial is a category applied to a broad range of industrial uses, some of
which by virtue of their operation or site utilization, require appropriate buffering to
mitigate potential impacts on residential areas. The General Industrial designation is
applicable to inner-city and other established industrial areas, non-planned industrial
parks, industrial areas along Arterial Roads, and certain undeveloped areas
appropriately buffered from residential areas.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
6. (Cont'd)
It is the primary objective of the City of Kitchener to recognize and provide for the
continued operation of the existing industrial operations located within the General
Industrial designation. To recognize their historical development in their present
locations, their importance in terms of employment opportunities, and their importance to
the local economy, industries which may not normally be encouraged to locate in an
inner-city setting shall be permitted to continue operations and, if necessary, expand
beyond their current land holdings.
Specifically, it is the objective of the City of Kitchener, through application of this land
use designation, to recognize the existence of and provide for the continuation of several
large companies which may be characterized as heavy industrial and are located in a
longstanding industrial neighbourhood in the vicinity of Courtland Avenue. Such
industries include but are not limited to Schneider Corporation and Subsidiaries, MTD
Products Limited, Canadian Blower/Canada Pumps Limited and Zettel Manufacturing
Limited.
Subject to the above, new heavy industrial uses not traditionally associated with an
existing industrial operation shall not be permitted within the General Industrial
designation. Unless they are essential components of an existing industrial operation,
the following new uses shall be prohibited:
COUNCIL MINUTES - 684 - DECEMBER 13, 1993
beverage distillation; vulcanizing of rubber or rubber products; primary production of
chemicals, synthetic rubber, plastic, asphalt, or cement; processing or refining of
petroleum or coal; processing, milling or packaging of animal feed; salvage, recycling or
scrap yards; slaughtering, eviscerating, rendering or cleaning of meat, poultry, fish or by-
products thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping
or punch-pressing of metal; tanning or chemical processing of pelts or leather; and retail
accessory to warehouse or wholesaling.
In addition to manufacturing, the General Industrial designation provides for automobile
service stations; industrial businesses; repair services; those uses related to the service,
storage or repair of motor vehicles or major recreational equipment; technical/scientific
businesses; transportation depots; truck transport terminals; veterinary services; and,
warehouses. Industrial businesses are characterized by those industrial operations with
a commercial component which require large areas for the storage of goods such as
building material and decorating supply sales, industrial office supply, or industrial
service. With the exception of accessory offices and offices of firms involved in
surveying, engineering, planning or design, office use is restricted to a small percentage
of the total floor area of a building used primarily for industrial purposes.
Unless specifically prohibited in this Plan, complementary uses which do not interfere
with nor are detrimental to the development of industrial operations are permitted in all
General Industrial areas. The permitted uses include commercial recreation facilities;
day care facilities; financial establishments; health offices and health clinics; parks and
open space; private clubs or lodges; union halls; and, public and non-residential
institutional uses. However, in order to limit the encroachment of commercial uses
throughout general Industrial areas, the sale and rental of motor vehicles shall be
prohibited unless accessory to a service station. In addition, retail accessory to small
warehouse or wholesaling operations is prohibited.
Certain industrial pockets may act as a buffer or transition area between more intensive
industrial uses and residential uses, or function as mixed industrial-residential areas
which could provide Iocational opportunities for small "incubator" industries. Existing
areas that have evolved into a mixture of residential and industrial uses may be so
recognized in the
PLANNING AND ECONOMIC DECEMBER 13, 1993
DEVELOPMENT COMMITTEE
6. (Cont'd)
4.4.5
4.4.6
Zoning By-law. In addition to the uses prohibited from this designation, certain other
industrial, commercial and complimentary uses which would normally be permitted within
this designation will not be permitted based on the issue of compatibility with residential
uses. Such uses will include: commercial recreation, transportation depots, truck
transport terminals, financial establishments, medical clinics and veterinary services.
Convenience Commercial
The intent of the "Convenience Commercial" designation is to provide locations for small
retail outlets serving the day-to-day, non-comparison shopping and service needs of the
neighbourhood. Permitted uses are restricted to small convenience retail, financial
establishment, personal services, gas bar, health office, restaurant and dwelling unit.
Health offices and restaurants shall only be permitted in plazas in combination with other
permitted commercial uses.
Nei.qhbourhood Commercial
The intent of the "Neighbourhood Commercial" designation is to provide locations for a
variety of commercial uses which serve the needs of the consumer at the neighbourhood
level. It is further intended that these facilities will provide a complementary role to larger
commercial establishments located in the City of Kitchener.
Neighbourhood Commercial shall be defined as a group of commercial establishments
planned and developed as a unit, with a minimum gross leasable retail commercial
COUNCIL MINUTES - 685 - DECEMBER 13, 1993
space of not less than 1,000 square metres, and a maximum of not more than 13,500
square metres with the maximum gross leasable retail commercial floor space of any
singular commercial outlet or establishment not exceeding 4,550 square metres Gross
Leasable Retail Commercial Space being defined as for Regional Shopping Centres.
Permitted uses in a Neighbourhood Commercial category include retail, offices, health
offices and health clinics, financial establishment, studios, restaurants, automobile
service stations, repair services, veterinary services, day care facilities, car washes and
those services catering to personal and household needs.
4.4.7 Low Density Commercial Residential
The intent of the "Low Density Commercial Residential" designation is to recognize
existing areas of small scale commercial and residential development as well as to allow
for the Iow rise, Iow density redevelopment of such areas with commercial, institutional
and residential uses. This designation is also intended to create transitional or buffer
areas between some industrial and surrounding residential areas. As such, the
maximum residential density shall be limited to 100 units per hectare with a Floor Space
Ratio of 1.0, meaning the above grade building floor area shall not exceed 1.0 times the
lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an
individual lot provided the floor space ratio is not exceeded.
Permitted residential uses in this designation include single detached dwellings, semi-
detached dwellings, duplex dwellings, multiple dwellings; lodging houses, home
businesses, private home day care and small and large residential care facilities.
Permitted commercial uses are restricted to offices, office support services, health
offices, health clinics, club facilities, funeral homes, financial establishments, educational
establishments, religious institutions, medical laboratories, studios, day care facilities,
tourist homes and a limited amount of personal services and small convenience retail.
Commercial and residential uses may be within separate buildings or may mix
PLANNING AND ECONOMIC DECEMBER 13, 1993
DEVELOPMENT COMMITTEE
6. (Cont'd)
4.4.8
4.4.9
within the same building. Personal services and small convenience retail must be
internal to a large residential, commercial, or mixed use building.
Medium Density Commercial Residential
The intent of the "Medium Density Commercial Residential" designation is to provide for
a range of residential and non-retail commercial uses fronting onto Arterial or Collector
roads. The maximum residential density shall be 200 units per hectare with a maximum
floor space ratio of 2.0, meaning that the above grade building floor area shall not
exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units
per hectare on an individual lot provided the floor space ratio is not exceeded.
Permitted residential uses in this designation include single detached dwellings, semi-
detached dwellings, duplex dwellings, multiple dwellings; lodging houses, home
businesses, private home day care and small and large residential care facilities.
Permitted commercial uses are restricted to offices, office support services, health
offices, health clinics, club facilities, funeral homes, financial establishments, educational
establishments, religious institutions, medical laboratories, studios, day care facilities,
tourist homes and a limited amount of personal services and small convenience retail.
Commercial and residential uses may be within separate buildings or may mix within the
same building. Personal services and small convenience retail must be internal to a
large residential, commercial, or mixed use building.
Hi.qh Density Commercial Residential
The intent of the "High Density Commercial Residential" designation is to allow for high
density redevelopment to office, multiple residential, institutional and limited commercial
uses on Arterial and Collector Roads which lead to and from the Downtown. Residential
densities are permitted to exceed 200 units per hectare with a maximum Floor Space
COUNCIL MINUTES - 686 - DECEMBER 13, 1993
Ratio of 4.0, meaning the above grade building floor area shall not exceed 4.0 times the
lot area.
Permitted residential land uses include multiple dwellings which may exceed 200 units
per hectare, private home day care, home businesses, small and large residential care
facilities, and lodging houses. Permitted commercial land uses include day care
facilities, offices, office support services, health offices, health clinics, club facilities,
religious institutions, medical laboratories, funeral homes, financial establishments,
educational establishments, tourist homes, studios, a limited amount of personal
services, and small convenience retail. Commercial and residential uses may be within
separate buildings or may mix within the same building. Personal services and small
convenience retail uses must be internal to a large residential, office, or mixed
commercial-residential development.
4.4.10 Nei.qhbourhood Institutional
The "Neighbourhood Institutional" designation
neighbourhood-oriented institutions and makes
opportunities.
recognizes the existence of small,
provision for limited redevelopment
Permitted uses are restricted to single detached dwellings, semi-detached dwellings,
duplex dwellings, home businesses, private home day care, educational establishments,
religious institutions and small residential care facilities. Day care facilities are also a
permitted use provided they are located within an educational establishment or a
religious institution.
4.4.11 Community Institutional
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
6. (Cont'd)
The "Community Institutional" land use category makes provision for, and recognizes the
existence of, community institutional uses such as elementary schools, religious
institutions, and community services. It also makes provision for a range of quasi-
institutional and residential uses which are complementary to the community institutional
uses and/or represent viable redevelopment options for affected sites in terms of the use
of existing facilities and effects on the surrounding community. Lands designated
Community Institutional shall be located along Primary or Secondary Arterial or Collector
Roads as identified on Schedule "A" of this Plan.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings,
duplex dwellings, multiple dwellings, educational establishments, religious institutions,
small and large residential care facilities, health offices, health clinics, veterinary
services, social service establishments, artisans establishments, day care facilities,
private home day care and home businesses.
Convenience retail, financial establishment and personal service uses shall be permitted
provided that they are located within a building used for a health clinic, multiple dwelling
or large residential care facility.
The residential component of any redevelopment shall not exceed 100 units per hectare.
The maximum floor space ratio of 1.0 shall apply, meaning the above grade gross floor
area shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to
exceed 100 units per hectare on an individual lot provided the floor space ratio is not
exceeded.
The application of the Community Institutional category to existing elementary school
sites in no way guarantees that such sites will continue to be used for such purposes.
Rather, the category identifies uses which, at the time of the approval of the Secondary
Plan, are felt to be appropriate for such sites. The decision to retain, expand or close
existing elementary school sites is the responsibility of the local school boards and not
COUNCIL MINUTES - 687 - DECEMBER 13, 1993
the City of Kitchener.
4.4.12 Nei.qhbourhood Park
The intent of the "Neighbourhood Park" designation is to preserve parkland and open
space for active and passive recreational use by neighbourhood residents and workers.
Permitted uses are restricted to playgrounds; community centres; passive open space;
and facilities to support unorganized and spontaneous recreational activities.
4.4.13 Open Space
The "Open Space" designation in this Plan is intended to reserve lands for district or city
scale recreational facilities as well as to identify areas unsuitable for development due to
steep slopes, possibility of flooding or poor soils and are considered to be hazard lands.
Certain lands, although physically suited for urban development may also be
designated Open Space in the public interest.
In addition to hazard lands described above, the Open Space designation shall apply to
those lands located within the floodway portion of the flood plain as shown on Schedule
"B", "Flood Plain and Environmental Areas". In Open Space areas also designated as
Two-Zone Policy Areas, the intent of the Open Space designation is to recognize the
danger associated with the floodway portion of the flood plain through prohibition of new
urban development while recognizing the presence of existing urban development in the
floodway. Existing development will be zoned to permit all legally existing uses and will
be subject to the "Fill, Construction and Alteration to Waterways" regulation
administered by the Grand River Conservation Authority.
PLANNING AND ECONOMIC DECEMBER 13, 1993
DEVELOPMENT COMMITTEE
6. (Cont'd)
4.5
4.5.1
4.5.2
Alternative uses may be permitted provided that the subsequent use is compatible with
surrounding land use designations, no new dwelling units are created, the use presents
less of a risk to life and property in the event of flooding, the new use is not specifically
prohibited by Policy IV. 12.iii), and approval is received from the Grand River
Conservation Authority.
The major permitted use in Open Space is recreation, including the necessary buildings
and structures. Permitted uses are restricted to major district or city scale parks;
conservation areas; cemeteries; crematoriums; mausoleums; swimming pools, ice rinks
and associated buildings; sportsfields; golf courses; and, community trail links.
Woodside Park and part of Highland Court Park have been covered with this
designation as both provide district scale facilities for residents who live beyond the
neighbourhood. Woodside Park provides both swimming and sportsfield facilities while
Highland Courts Park contains the Highland Court Tennis Club and the Kitchener Lawn
Bowling Club.
SPECIAL POLICIES
Those properties which front the north side of Mill Street between Stirling Avenue and
the Shoemaker Greenway as well as 380 and 400 Mill Street and are occupied in part by
an industrial use shall be designated Low Density Commercial Residential to the depth
of a standard residential lot while the rear one-half to two-thirds of these properties will
be designated General Industrial. It is recognized that there is existing private access
over the residentially designated portions of these properties to the industrial
designation in the rear and new private driveways shall also be permitted to cross over
lands designated Low Density Commercial Residential to provide industrial access to
lands designated General Industrial. In addition, the development of an interior
industrial road with access to Mill Street west of the Shoemaker Greenway shall be
permitted.
Notwithstanding the Neighbourhood Institutional designation which applies to the
property at 409 Mill Street, a large residential care facility shall be permitted.
COUNCIL MINUTES - 688 - DECEMBER 13, 1993
4.5.3
Notwithstanding the Community Institutional designation which applies to the property at
50 Kent Avenue; offices, a financial establishment, warehousing and accessory retail
shall be permitted within the existing building.
4.5.4
Notwithstanding the Low Density Conservation designation applied to the property at
373 Stirling Avenue South, an automobile service station and the service or repair of
motor vehicles and major recreational equipment excluding body repair or rust proofing,
shall be permitted, provided that such service or repair shall only be permitted within
buildings or portions thereof, which existed prior to the passing of this Amendment.
Further, the sale or rental of motor vehicles or major recreational equipment as an
accessory use to an automobile service station or service or repair business, shall be
permitted in accordance with the regulations of Section 13.1 of Zoning By-law 85-1.
4.5.5
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
Notwithstanding the Low Density Commercial Residential designation applied to the
properties located at 363 Stirling Avenue South, 338 Mill Street and 453 Courtland
Avenue, an automobile service station and the service or repair of motor vehicles and
major recreational equipment excluding body repair or rust proofing, shall be permitted,
provided that such service or repair shall only be permitted within buildings or portions
thereof, which existed prior to the passing of this Amendment. Further, the sale or rental
of motor vehicles or major recreational equipment as an accessory use to an automobile
service station or service or repair business, shall be permitted in accordance with the
regulations of Section 13.1 of Zoning By-law 85-1.
DECEMBER 13, 1993
(Cont'd)
4.5.6
4.5.7
4.5.8
4.5.9
Notwithstanding the Low Density Commercial Residential designation, in order to
preserve the existing scale and character of Martin Street, redevelopment of the
properties at 26 Martin Street and 63 Courtland Avenue shall be restricted to a maximum
height of 10.5 metres to a depth of 30 metres from the Martin Street streetline. The
maximum Floor Space Ratio of 1.0 shall still apply. With the exception of street
townhouses and those Low Density Commercial-Residential uses which are also
permitted within the Low Density Conservation designation, new development shall be
required to gain access via Courtland Avenue with no vehicular access permitted to
Martin Street.
A holding provision shall apply to 26 Martin Street withholding development until such
time as the lands have been consolidated with lands having legal frontage and access to
Courtland Avenue and a site plan including appropriate buffering measures has been
approved by the City's Commissioner of Planning and Development.
Notwithstanding the Medium Density Commercial Residential designation, 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 Waterloo to the City's Clerk that the Region is satisfied that development
will not frustrate their ability to acquire lands for the Queen/Benton Diversion or frustrate
their ability to construct the Queen/Benton Diversion.
The existing elementary school sites at 107 Courtland Avenue East (Courtland Avenue
Public School) and 160 Courtland Avenue East (St. Joseph School) shall be subject to a
Holding Provision applicable to health office, health clinic, social service establishment,
veterinary services, multiple dwelling, street townhouse dwelling, and large residential
care facilities. Removal of the Holding Provision shall be conditional upon the
requirement that the City Clerk is in receipt of a letter from the Ministry of Education
giving its final approval to the school closing and upon the approval of a site plan by City
Council which addresses the relationship of the proposed development to immediately
surrounding properties in terms of such matters as siting of buildings, buffering,
screening, pedestrian and vehicular access, outdoor lighting and site grading.
Subject to the General Industrial designation, food processing including packaging,
warehousing, distributing, slaughtering, eviscerating, rendering or cleaning of meat,
COUNCIL MINUTES - 689 - DECEMBER 13, 1993
poultry and fish or by-products thereof; processing, milling or packaging of animal feed
and fertilizer; and beverage distillation; and head office functions shall be deemed to be
essential components of the existing industrial operation on the lands currently owned by
Schneider Corporation and Subsidiaries. In addition to the above industrial uses, a free
standing industrial administrative office shall be permitted on the lands located at 321
Courtland Avenue East.
4.5.10
Subject to the General Industrial designation, smelting, refining, rolling, forging or
extruding of ore or metal; and stamping, blanking or punch-pressing of metal shall be
deemed to be essential components of the existing industrial operation on the lands
currently owned by Canadian Blower/Canada Pumps Limited.
4.5.11
Subject to the General Industrial designation, stamping, blanking or punch-pressing of
metal shall be deemed to be essential components of the existing industrial operation on
the lands currently owned by Zettel Manufacturing Limited.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
4.5.12
4.5.13
4.5.14
Subject to the General Industrial designation, stamping, blanking or punch-pressing of
metal shall be deemed to be essential components of the existing industrial operation on
the lands currently owned by MTD Products Limited.
Notwithstanding the High Density Commercial Residential designation applied to the
lands located at 48 Preston Street, a free-standing printing establishment shall be
permitted.
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 Municipality of Waterloo
to the City's Clerk that the Region is satisfied that development will not frustrate their
ability to acquire lands for the Queen/Benton Diversion or frustrate their ability to
construct the Queen/Benton Diversion.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
Further, that Schedule "A", Plan for Land Use, be replaced with Schedule "A" dated November 29,
1993.
And further, that Schedule "B", Flood Plain and Environmental Areas be replaced with Schedule
"B" dated November 29, 1993.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the
City.
That City Council approve Official Plan Amendment 88~9 (North Ward Neighbourhood Secondary
Plan) as outlined:
SECTION 4 - THE AMENDMENT
The Official Plan for the City of Kitchener is amended as follows:
COUNCIL MINUTES - 690 - DECEMBER 13, 1993
4.1
GENERAL POLICIES
4.1.1
Approval under Section 41 of the Planning Act shall be required for any development or
conversion which constitutes development under the Planning Act. It is intended that
development should be of a siting and design which will be compatible with the existing
development and particularly the single detached dwellings in the interior of the
neighbourhood.
4.1.2
The policies of this Plan will be implemented through application of the comprehensive
Zoning By-law. Maintenance of existing structures will be encouraged through the
Property Standards By-law.
4.1.3
The severance of rear and flanking property assemblies for integrated redevelopment
schemes will be permitted provided that the remnant or remaining parcel continues to be
in conformity with the policies of the Plan and the implementing Zoning By-law.
4.1.4
Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall
continue to apply to the North Ward neighbourhood except where specifically cited
within the text of this Amendment.
4.1.5
Schedule "A" entitled "Plan for Land Use" attached shall form part of the North Ward
Secondary Plan.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
4.1.6
4.1.7
4.1.8
Map 1 -"Plan for Land Use" is amended by deleting the area covered by the North Ward
Neighbourhood Secondary Plan and replacing it with the land use scheme shown on the
attached Schedule A -"Plan for Land Use".
Map 1 -"Plan for Land Use", Map 2 -"Floodplain and Environmental Areas", Map 3 -
"Primary Aggregate Resource Areas", and Map 4 - "Community Improvement Areas"
shall be amended to show the classification of roads within the North Ward
neighbourhood as designated on Schedule A -"Plan for Land Use".
Suitable measures based on the Ministry of the Environment standards for the mitigation
of noise will be provided to the satisfaction of the Region of Waterloo and C.N. Rail
where applicable for new residential development and places of assembly abutting the
C.N. Rail Right-of-Way.
4.2
4.2.1
4.2.2
4.2.3
LAND USE DESIGNATIONS
Low Density Conservation - A
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-
detached dwellings, lodging house, small residential care facilities, home businesses,
and private home daycare.
Low Rise Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-
detached dwellings, multiple dwellings, lodging houses, small residential care facilities,
home businesses, and private home daycare. Opportunities for residential development
are provided to a maximum density of 40 units per hectare. The maximum Floor Space
Ratio shall be 0.6, that is, the above-grade building floor area shall not exceed 0.6 times
the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an
individual site provided the Floor Space Ratio of 0.6 is not exceeded.
Low Density Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-
COUNCIL MINUTES - 691 - DECEMBER 13, 1993
detached dwellings, multiple dwellings, small and large residential care facilities, lodging
houses, home businesses, and private home daycare. Opportunities for residential
development are provided to a maximum density of 100 units per hectare. The
Maximum Floor Space Ratio shall be 1.0,, that is, the above-grade building floor area
shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed
100 units per hectare on an individual site provided the Floor Space Ratio of 1.0 is not
exceeded.
4.2.4 Mixed Industrial-Residential
In addition to manufacturing, permitted uses in the Mixed Industrial-Residential
designation are restricted to single detached dwellings, duplexes, multiple dwellings to a
maximum of three dwelling units, health offices, industrial office supply or industrial
services, audio-visual or medical laboratories, commercial parking facilities, craftsman
shops, daycare facilities, printing establishments, private clubs, lodge or union halls,
repair services, studios, tradesman or contractors establishments, educational
establishment, office, religious institution, security or janitorial services, surveying,
engineering, planning or design business and warehousing and wholesaling.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
7. (Cont'd)
4.2.5
Prohibited uses shall include, but are not limited to: beverage distillation; manufacturing
of asbestos, phosphate or sulphur products; primary production of chemicals, synthetic
rubber, plastic, asphalt, cement or concrete; processing or refining of petroleum or coal;
processing, milling or packaging of animal feed; retail accessory to warehousing or
wholesaling; salvage, recycling or scrap yard; slaughtering, eviscerating, rendering or
cleaning of meat, poultry or fish or by-products thereof; smelting, refining, rolling, forging
or extruding of ore or metal; stamping, blanking, punch-pressing, pressing, cutting,
drawing, machining and fabricating of metal; tanning or chemical processing of pelts or
leather; and vulcanizing of rubber or rubber products.
General Industrial
In addition to manufacturing, permitted uses in the General Industrial designation are
restricted to automobile service stations; industrial businesses; repair services; those
uses related to the sale, rental, service, storage or repair of motor vehicles or major
recreational equipment; technical/scientific businesses; transportation depots; truck
transport terminals; veterinary services; and warehouses. Industrial businesses are
those industrial operations with a commercial component which require large areas for
the storage of goods, such as building material and decorating supply sales, or industrial
office supply or industrial service. With the exception of accessory offices and offices of
firms involved in surveying, engineering, planning, or design, office use is restricted to a
small percentage of the total floor area of a building used primarily for industrial
purposes.
Complementary uses which do not interfere with, nor are detrimental to, the development
of industrial operations are permitted in General Industrial areas. These permitted uses
included uses such as commercial recreation facilities, daycare facilities, financial
establishments, health offices and health clinics, parks and open space, private clubs or
lodges, union halls, and public and non-residential institutional uses.
Prohibited uses shall include, but are not limited to: beverage distillation; manufacturing
of asbestos, phosphate or sulphur products; primary production of chemicals, synthetic
rubber, plastic, asphalt, cement or concrete; processing or refining of petroleum or coal;
processing, milling or packaging of animal feed; salvage, recycling or scrap yard;
slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products
COUNCIL MINUTES - 692 - DECEMBER 13, 1993
thereof; smelting, refining, rolling, forging or extruding of ore or metal; stamping, or
punch-pressing of metal; tanning or chemical processing of pelts or leather.
4.2.6 Convenience Commercial
Permitted uses are restricted to convenience retail, financial establishments, personal
services, gas bars, medical offices, restaurants and dwelling units. Medical office and
restaurant uses shall only be permitted in plazas, that is, developments having three or
more units, in combination with other permitted commercial uses.
4.2.7 Nei.qhbourhood Park
Permitted uses are restricted to public passive or active open space, playgrounds, sports
fields, community centres, recreation facilities such as public parks or tennis courts, and
a bikeway, greenbelt or trail system.
4.2.8 Open Space
Permitted uses are restricted to major community scale parks, conservation areas,
hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf
courses.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
4.3
4.3.1
4.3.2
4.3.3
4.3.4
4.3.5
4.3.6
SPECIAL POLICIES
Not withstanding the General Industrial land use designation which applies to the Hogg
Fuel and Supply Limited property located at 5 Hill Street, the production of cement or
concrete and the sale and storage of heating fuel shall be permitted uses.
Notwithstanding the General Industrial land use designation which applies to the H.
Boehmer Limited property at 5 Johnston Street, the production of cement or concrete
and the sale and storage of heating fuel shall be permitted uses.
Notwithstanding the general Industrial land use designation which applies to the Earl's
Auto Parts property at 956 Guelph Street, a salvage, recycling or scrap yard shall be a
permitted use.
Notwithstanding the General Industrial land use designation which applies to the
Hoffman Meats Incorporated property at 352 Maple Avenue, slaughtering, eviscerating,
rendering or cleaning of meat, poultry or by-products thereof shall be permitted uses.
Notwithstanding the General Industrial land use designation which applies to the
Continental Meat Packers Incorporated property at 305-401 Arnold Street, slaughtering,
eviscerating, rendering or cleaning of meat, poultry or by-products thereof shall be
permitted uses.
Notwithstanding the General Industrial designation on the lands bounded by Spring
Valley Road, Springwood Park and the Conestoga Parkway, freestanding offices will
also be permitted.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
And further, that Schedule "A", Plan for Land Use be revised by replacing the Low Density
Conservation designation with Low Density Conservation-A-designation.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the
COUNCIL MINUTES - 693 - DECEMBER 13, 1993
City.
That City Council approve Official Plan Amendment 92/14 (King Street East Neighbourhood
Secondary Plan) as outlined:
SECTION 4 - THE AMENDMENT
A) The Official Plan for the City of Kitchener is hereby amended by:
1. Deleting Policy IV. 11 .i)in its' entirety;
Map 5 "Plan for Land Use: Downtown" is amended by deleting all lands east of Cedar
Street from the "East Market" land use designation as shown on amended Map 5
attached hereto.
3. Deleting Policy V. 1.1.3 in its' entirety.
Amending Policy V. 1.2.5 by deleting the word "proposed ring road" and substituting
therefor "Cedar Street".
Amending Policy V. 1.3.2 by deleting the ninth (9th) and tenth (10th) paragraphs in their
entirety.
B)
The Official Plan for the City of Kitchener is amended by deleting from "Map 1 -Plan for Land
Use" that area identified by the Amendment as the King Street East Neighbourhood, and
replacing it with Schedule "A" of this Amendment. Further, all transportation and land use
designations contained on Schedule "A" pertain to, and
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
(Cont'd)
are described by the respective transportation and land use designations contained within
this Official Plan Amendment as follows:
4.1GENERAL POLICIES
4.1.1 Approval under Section 41 of the Planning Act shall be required for any building or conversion
which constitutes development under the Act. It is intended that development should be
of a siting and design which will be compatible with the existing development and
particularly the single detached dwellings in the interior of the neighbourhood.
4.1.2 The policies of the Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property
Standards By-law.
4.1.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will
be permitted provided that the remnant on remaining parcel continues to be in conformity
with the policies of the Plan and the implementing Zoning By-law.
4.1.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to
apply to the King Street East neighbourhood except where specifically cited within the text
of this Amendment.
4.1.5 Map 1, "Plan for Land Use" is amended by deleting the area covered by the King Street East
Secondary Plan Area 2 and replacing it with the land use scheme shown on the attached
Schedule "A".
4.2LAND USE DESIGNATIONS
4.2.1 Low Density Conservation
COUNCIL MINUTES - 694 - DECEMBER 13, 1993
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings containing a maximum of three dwelling units, lodging houses, small
residential care facilities, home businesses, and private home day-care.
4.2.2 Low Rise Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses, and
private home day care. Opportunities for residential development are provided to a
maximum density of 40 units per hectare. The Maximum Floor Space Ratio shall be 0.6,
that is, the above grade building floor area shall not exceed 0.6 times the lot area.
Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.2.3 Low Density Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, small and large residential care facilities, lodging houses, home
businesses, and private home day care. Opportunities for residential development are
provided to a maximum density of 100 units per hectare. The Maximum Floor Space
Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times
the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an
individual site provided the Floor Space Ratio of 1.0 is not exceeded.
4.2.4 Medium Density Multiple Residential
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
8.(Cont'd)
The permitted
uses are restricted to existing single and semi-detached dwellings, duplex dwellings,
multiple dwellings, small and large residential care facilities, lodging houses, home
businesses and private home day care. Day care facilities are also permitted provided
they are located on the same lot as a large multiple dwelling. Opportunities for residential
development are provided to a maximum density of 200 units per hectare. The Maximum
Floor Space Ratio shall be 2.0, that is, the above grade building floor area shall not
exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units
per hectare on an individual site provided the Floor Space Ratio of 2.0 is not exceeded.
4.2.5 Low Density Commercial Residential
The "Low
Density Commercial Residential" designation recognizes the existing scale of mixed
commercial residential development and allows for Iow density redevelopment to office,
institutional, and multiple residential uses. This designation is intended to provide a buffer
between the lands designated Low Rise Multiple Residential to the south and the "Low
Density Conservation" areas located directly to the north.
Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached
dwellings, lodging houses, home businesses, private home day care, small and large
residential care facilities, and multiple dwellings. Commercial uses are restricted to
offices, office support services, health offices, health clinics, club facilities, funeral homes,
financial establishments, religious institutions, educational establishments, medical
laboratories, studios, tourist homes, day care facilities, a limited amount of personal
services and small convenience retail. Land uses may segregate in separate buildings or
integrate in a mixed use development. Personal services and convenience retail must be
internal to a large residential, office or mixed use development.
Residential development will be restricted to a maximum of 100 units per hectare on an individual lot.
The maximum floor space ratio shall be 1.0, that is the above grade building floor area
shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed
100 units per hectare provided the Floor Space Ratio of 1.0 is not exceeded. In all cases,
COUNCIL MINUTES - 695 - DECEMBER 13, 1993
redevelopment within this designation shall obtain access from Weber Street East.
4.2.6 Nei,qhbourhood Commercial
The
intent of the "Neighbourhood Commercial" designation is to provide locations for a variety of
commercial uses which serve the needs of the consumer at the neighbourhood level. It is
further intended that these facilities will provide a complementary role to the larger
commercial establishments located in the City of Kitchener.
Neighbourhood Commercial shall be defined as a group of commercial establishments planned and
developed as a unit, with a minimum gross leasable retail commercial space of not less
than 1,000 square metres, and a maximum of not more than 13,500 square metres, with
the maximum gross leasable retail commercial floor space of any singular commercial
outlet or establishment not exceeding 4,550 square metres.
Permitted uses include offices, including health offices and health clinics, retail, services catering to
personal or household needs, restaurants, automobile service stations, repair services,
financial establishments, studio, veterinary services, day care facilities and car washes.
4.2.7 Service Commercial
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
8.(Cont'd)
Service Commercial is a land use category for a broad range of commercial and industrial business uses,
each of which has the following basic characteristics:
a)they provide a specialized product or service to persons coming specifically to the premises to do
business and, therefore, are not required to locate in the City's pedestrian-oriented
retail shopping areas such as the Downtown and Regional, Community or
Neighbourhood Shopping Centres;
b)the rely on business from and exposure to the travelling public, require a location readily accessible to a
well-populated market area and, therefore, should be located on a Primary or
Secondary Arterial Road, provided suitable access is available in keeping with
Regional Policy and Procedures for Access onto Regional Roads, and should not
generally be required to locate within an industrial area.
Possible uses within a Service Commercial area would include, but are not limited to, those oriented to
the travelling general public, such as motels, hotels, restaurants, automobile service
stations, vehicle and recreational equipment sales/rental and service and commercial
recreation.
Service Commercial areas are, however, not intended to provide locations for those retail and office uses
normally found in the Downtown or Regional, Community and Neighbourhood Shopping
Centre areas. Service Commercial areas should not directly compete with Regional,
Community or Neighbourhood Shopping Centres. However, convenience commercial
facilities may be permitted within Service Commercial areas.
Other types of sales outlets shall be permitted where, because of their function or space requirements,
they fulfil at least one of the following:
i)they form part of a firm or business that has the majority of its floor area fulfilling a warehouse, storage or
distribution function to other than the ultimate consumer;
ii)they form part of a firm or business that has a portion of its operation related to the servicing of motor
vehicles; and
iii) they require large enclosed or open space areas not normally available in shopping centres.
COUNCIL MINUTES - 696 - DECEMBER 13, 1993
Office uses shall only be permitted in the Service Commercial category where they are accessory to a
Service Commercial land use, or are contained within a building used primarily for service
commercial purposes. Businesses such as surveying, planning, engineering or design,
as well as health offices and health clinics may locate in freestanding buildings.
Commercial entertainment shall only be permitted in the Service Commercial category where it is an
accessory use within hotels, motels and restaurants, or as part of a planned commercial
recreation complex such as an amusement park.
The
Service Commercial land use category also permits industrial business uses. The industrial
businesses permitted within the Service Commercial designation are restricted to those
firms which do not engage in on-site manufacturing or processing. Craftsman shops used
for the creation, finishing, refinishing or similar production of custom or handmade
commodities are, however, permitted.
Permitted complementary uses may include non-residential institutional.
4.2.8 Nei.qhbourhood Institutional
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
8.(Cont'd)
The Neighbourhood Institutional designation makes provision for and recognizes and existence of small,
neighbourhood-oriented institutions such as schools, churches, and community services.
Uses permitted within the Neighbourhood Institutional designation are restricted to single detached
dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private
home day care, educational establishments, religious institutions, and small residential
care facilities. In addition, day care facilities are a permitted use provided that they are
located within an educational establishment or a religious institution.
4.2.9 Open Space
The Open Space category is intended to reserve lands for a variety of reasons such as for preservation of
natural features, outdoor recreation, lands undevelopable for reasons of flooding or
instability, and land parcels made available through public works, water courses and
railway right-of-ways.
Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums,
mausoleums, outdoor recreation, and golf courses.
4.3SPECIAL POLICIES
4.3.1 Notwithstanding the Service Commercial land use designation, the following shall apply:
Special Policy Area 1 is defined as those lands falling within the area bounded by Madison Avenue/Cedar
Street, the Conestoga Parkway, Charles Street and the extent of the commercial zoning
on the north side of King Street East as it existed on December 31, 1987.
King Street East constitutes the major transportation spine through the area directly connecting it to the
core of the City. This corridor acts as the main entranceway into the City and is
characterized by a wide variety of commercial, office, institutional and residential uses.
The King Street East corridor is designated Service Commercial in order to foster
commercial development. However, the long term objective for the corridor also
encourages the development of a high profile entranceway to the City consisting of office,
high density residential and institutional uses in mixed use buildings with ground floor
commercial uses. It is also intended that a number of existing uses and additional
objectives be recognized.
Office, institutional and high density residential uses are permitted in either freestanding or mixed-use
COUNCIL MINUTES - 697 - DECEMBER 13, 1993
buildings.
In order to create a higher order transition zone adjacent to the City Commercial Core, new development
of the following uses between Cedar Street and Stirling Avenue shall be prohibited:
Automobile Service Station; Car Wash; the Sale, Rental, Service, Storage or Repair of
Motor Vehicles and Major Recreational Equipment and Parts and Accessories for Motor
Vehicles or Major Recreational Equipment; Tradesman or Contractor's Establishment;
Warehousing and Wholesaling. Any such existing uses will be recognized as permitted
uses and shall be permitted to redevelop or expand subject to site plan approval. These
uses will also be prohibited from occupying those lands which front onto Charles Street
between Ottawa and Sydney Streets. This prohibition is intended to ensure a higher
order form of development in recognition of the existing residences on both the north and
particularly south side of Charles Street.
Three retail uses not permitted under the Service Commercial designation currently occupy properties on
the northeast and southwest corners of the intersection of Stirling Avenue and King Street
East and the northwest corner of the intersection of Dane
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
8.(Cont'd)
Street and King Street East. Notwithstanding the above, retail uses will be permitted at these locations
and allowed to expand and/or redevelopment.
In order to allow for the assembly of adequately sized redevelopment parcels on the north side of King
Street East the boundary of Special Policy Area 1 has been enlarged to the extent of the
commercial zoning as it existed on December 31. 1987. A holding provision prohibits
commercial development on properties fronting onto the sidestreets running north off King
Street East until such time as said properties are consolidated with a property fronting
onto King Street East.
COUNCIL MINUTES - 698 - DECEMBER 13, 1993
The lands between Sheldon Avenue, Preston Street, King Street East and Charles Street, except for
those properties fronting onto King Street East between Preston Street and Sheldon
Avenue, shall be subject to a holding provision in order to ensure the short term viability of
the existing residential uses. Permitted uses shall be restricted to single detached
dwellings, duplex dwellings, multiple dwellings containing a maximum of 3 dwelling units,
small lodging house, small residential care facility, home business and private home day
care. Multiple residential and commercial uses are contingent upon these lands being
assembled with lands that have frontage on King Street and redevelopment will be
accomplished by a holding zone category being applied to such properties in the Zoning
By-law. The holding provision of the zoning shall be removed so as to allow
redevelopment to proceed when the following criteria have been met:
1)consolidation or assembly of all the properties with property having frontage on King Street;
2)a site plan pursuant to Section 41 indicating that these lands will developed in conjunction with lands
having frontage on King Street has been approved.
4.3.2 Notwithstanding the Low Density Commercial Residential land use designation, redevelopment of
properties fronting onto the sidestreets running south off Weber Street East to commercial
uses shall be subject to a holding provision until such time as said properties are
consolidated with a property fronting onto King Street East.
4.3.3 Notwithstanding the Neighbourhood Commercial land use designation, the sale, rental, service,
storage and repair of motor vehicles shall be permitted at 20 Ottawa Street North.
4.3.4 Notwithstanding the Service Commercial land use designation, retail shall also be permitted on
lands bounded by Charles Street, Cedar Street, Madison Avenue, and King Street East
and on those lands fronting onto the north side of King Street East between Cedar Street
and Madison Avenue.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
9.That City Council approve Official Plan Amendment 92/15 (Cedar Hill Neighbourhood Secondary Plan -
Stage 6 Amendment) as outlined:
SECTION 4 - THE AMENDMENT
That the Cedar Hill Neighbourhood Secondary Plan as approved by the Regional Municipality of
Waterloo on January 11, 1990 and as further revised by City Council on March 9, 1992, and
November 9, 1992 be
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
699 -
DECEI~BER 13, 1993
DECEMBER 13, 1993
9.(Cont'd)
rescinded and the following be adopted immediately subsequent therefor:
4.1 INTRODUCTION
The area referred to as the "Cedar Hill Neighbourhood" is comprised of nine blocks of primarily
residential development located immediately south of the Downtown in an area which was
the site of some of Kitchener's earliest settlement. The Cedar Hill neighbourhood is
bounded by Queen South, St. George, Cedar, Church, Eby, Stirling and Charles Streets.
A detailed planning process was carried out for the Cedar Hill neighbourhood in the
1980's and culminated in the adoption of a Secondary Plan for the area in 1990. The
Secondary Plan modifies the Official Plan land use scheme to more accurately reflect the
existing and proposed types of uses found in the neighbourhood's residential, open
space, commercial and industrial areas.
4.2 GENERAL POLICIES
4.2.1 Approval under Section 41 of the Planning Act shall be required for any development of conversion
which constitutes development under the Planning Act. It is intended that development
should be of a siting and design which will be compatible with the existing development
and particularly the single detached dwellings in the interior of the neighbourhood.
4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property
Standards By-law.
4.2.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will
be permitted provided that the remnant or remaining parcel continues to be in conformity
with the policies of the Plan and the implementing Zoning By-law.
4.2.4 Sections
I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to
apply to the Cedar Hill neighbourhood except where specifically cited within the text of this
Amendment.
4.2.5 Schedule "A" entitled "Plan for Land Use" attached shall form part of the Cedar Hill Secondary Plan.
4.2.6 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the Cedar Hill
neighbourhood constitutes those areas of the neighbourhood which have been
designated High Density Commercial Residential, General Industrial, Medium Density
Commercial Residential and Medium Density Multiple Residential which are shown on
Schedule "A".
4.3FLOODPLAIN POLICIES
4.3.1 The flood plain of the portions of Schneider Creek within the Cedar Hill neighbourhood is
designated as Two-Zone Flood Plain Policy areas by the City of Kitchener and the Grand
River Conservation Authority. For detailed flood plain planning policies, reference shall
be had to Section IV. 12 of the Official Plan, "Flood Plain Policies".
4.4 LAND USE DESIGNATIONS
4.4.1
Low Density Conservation
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings to a maximum of three units, small lodging houses, small residential
care facilities, home businesses and private home day care.
COUNCIL MINUTES - 700 - DECEMBER 13, 1993
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
9.(Cont'd)
4.4.2
Low Rise Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses and
private home day care. Opportunities for residential development are provided to a
maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6,
that is, the above grade building floor area shall not exceed 0.6 times the lot area.
Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.4.3
Low Density Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses and
private home day care. Opportunities for residential development are provided to a
maximum density of 100 units per hectare. The Maximum Floor Space Ratio shall be 1.0,
that is, the above grade building floor area shall not exceed 1.0 times the lot area.
Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site
provided the Floor Space Ratio of 1.0 is not exceeded.
4.4.4
Medium Density Multiple Residential
The permitted
uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, multiple dwellings, small residential care facilities, lodging houses, private
home day care, and home businesses. Day Care Facilities are permitted provided they
are located on the same lot as a large multiple dwelling. Opportunities for development
are provided to a maximum density of 200 units per hectare. The Maximum Floor Space
Ratio shall be 2.0, that is, the above grade building floor area of any development shall
not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200
units per hectare on an individual site provided the Floor Space Ratio of 2.0 is not
exceeded.
4.4.5 Hi,qh Density Multiple Residential
Permitted residential uses shall be restricted to multiple dwellings and lodging houses. Additional uses
permitted within the designation may include day care facilities provided they are located
on the same lot as a large multiple dwelling, a limited amount of personal services and
small convenience retail provided they are internal to a large multiple dwelling, offices
provided they are internal to a large multiple dwelling and located at grade level, private
home day care, small residential care facilities, and home businesses. This designation
permits residential development densities in excess of 200 units per hectare. The
maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall
not exceed 4.0 times the lot area.
4.4.6
Medium Density Commercial Residential
Residential
uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, lodging houses, home businesses, private home day care, small residential
care facilities, and multiple dwellings. Commercial uses are restricted to offices, office
support services, health offices, health clinics, day care facilities, medical laboratories,
religious institutions, educational establishments, club facilities, funeral homes, financial
establishments, studios, tourist homes, a limited amount of personal services and small
convenience retail uses. Land uses may be segregated in separate buildings or
integrated into a mixed use development. Personal services and convenience retail uses
must be internal to a large residential, office or mixed use building.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 701 - DECEMBER 13, 1993
9.(Cont'd)
Residential development will be restricted to a maximum of 200 units per hectare on an individual lot.
The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area
of any development shall not exceed 2.0 times the lot area. Multiple dwellings may be
permitted to exceed 200 units per hectare on an individual lot provided the Floor Space
Ratio of 2.0 is not exceeded.
4.4.7
Hi,qh Density Commercial Residential
Permitted land
uses include multiple dwellings which may exceed 200 units per hectare, lodging houses,
small residential care facilities, home businesses, and private home day care.
Commercial uses are restricted to offices, office support services, health offices, health
clinics, medical laboratories, religious institutions, educational establishments, day care
facilities, club facilities, funeral homes, financial establishments, studios, tourist homes, a
limited amount of personal services and small convenience retail uses. Land uses may
be segregated in separate buildings or integrated into a mixed use development.
Personal services and convenience retail uses must be internal to a large residential,
office or mixed use development.
The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area of any
development shall not exceed 4.0 times the lot area.
4.4.8
Community Institutional
The Community Institutional land use category makes provision for, and recognizes the existence of,
community institutional uses such as elementary schools, churches and community
services. It also makes provision for a range of quasi-institutional and residential uses
which are complementary to the community institutional uses and/or represent viable
redevelopment options for affected sites in terms of the use existing facilities and effects
on the surrounding community.
Lands designated Community Institutional shall be located along Primary or Secondary Arterial or
Collector Roads as identified on Schedule "A" of this Plan.
This designation has been applied to the properties located at 136 and 138 Madison Avenue South. The
vacant property at 136 Madison Avenue South has recently been acquired by the
Waterloo Region Separate School Board for addition to the St. Joseph's School property
which fronts onto Courtland Avenue. The residential property located at 138 Madison
Avenue South has also been designated Community Institutional because it lies between
136 Madison Avenue South and the existing St. Joseph's School and Church and will
likely be acquired by either the Waterloo Region Roman Catholic School Board or St.
Joseph's Church at some future date. The above-noted properties constitute a large
block of institutional land uses with frontage on Courtland Avenue. Redevelopment of the
properties at 136 and 138 Madison Avenue South must be undertaken in conjunction with
the adjacent school and/or church properties to ensure that the properties are located
along a Primary Road, that is, Courtland Avenue.
In addition, existing and planned elementary school sites which are designated and/or zoned Community
Institutional the properties at 136 and 138 Madison Avenue South shall be affected by a
Holding Provision which will be applied by means of the implementing zoning by-law.
The Holding Provision shall be applied to all such sites and be applied to the following uses: a health
office, a health clinic; a veterinary service, a multiple dwelling, a social service
establishment, a street townhouse dwelling or a large residential care facility. Removal of
the Holding Provision shall be conditional upon the requirement that the City Clerk is in
receipt
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
9.(Cont'd)
COUNCIL MINUTES - 702 - DECEMBER 13, 1993
of a letter from the Ministry of Education giving its final approval to the school closing and upon the
approval of a site plan by the City Council which addresses the relationship of the
proposed development to immediately surrounding properties in terms of such matters as
siting of buildings, buffering, screening, pedestrian and vehicular access, outdoor lighting
and site grading.
4.4.9
Major Institutional
The
purpose of the Major Institutional Land Use category is to recognize the existence of large
institutional uses such as hospital and secondary schools and to encourage the long term
use of lands so designated for these and similar uses. In this case, the lands occupied by
Cameron Heights Collegiate Institute are proposed to be designated Major Institutional.
4.4.10
General Industrial
In addition to
manufacturing, General Industrial provides for automobile service stations; industrial
businesses; repair services; those uses related to the sale, rental, service, storage or
repair of motor vehicles or major recreational equipment; technical/scientific businesses;
transportation depots; truck transport terminals; veterinary services; and warehouses.
Industrial businesses are those industrial operations with a commercial component which
require large areas for the storage of goods, such as building material and decorating
supply sales, or industrial office supply or industrial service. With the exception of
accessory offices and offices of firms involved in surveying, engineering, planning or
design, office use is restricted to a small percentage of the total floor area of a building
used primarily for industrial purposes.
Complementary uses which do not interfere with, nor are detrimental to, the development of industrial
operations are permitted in General Industrial areas. These permitted uses include uses
such as commercial recreation facilities, day care facilities, financial establishments,
medical offices and medical clinics, parks and open space, private clubs or lodges, union
halls, and public and non-residential institutional uses.
Prohibited uses shall include, but are not limited to, beverage distillation; vulcanizing of rubber or rubber
products; manufacturing of asbestos, phosphates or sulphur products; primary production
of chemicals, synthetic rubber, plastic, asphalt, or cement; processing or refining of
petroleum or coal; processing, milling or packaging of animal feed; salvage, recycling or
scrap yards; slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or
by-products thereof; smelting, refining, rolling, forging, or extruding of ore or metal;
stamping or punch-pressing; tanning or chemical processing of pelts or leather.
4.4.11
Nei.qhbourhood Park
The permitted uses within the Neighbourhood Park land use designation include public passive or active
open space, playgrounds, sports fields, community centres, recreation facilities such as
public parks or tennis courts, and a bikeway, greenbelt or trail system.
4.4.12 Open Space
The permitted
uses within Open Space land use designation include major community scale parks,
conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor
recreation and golf courses.
4.5 SPECIAL POLICIES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
9.(Cont'd)
4.5.1
Notwithstanding the Low Density Conservation land use designation, on the lands located
COUNCIL MINUTES - 703 - DECEMBER 13, 1993
at 25 Hebel Place, a maximum of nine (9) dwelling units shall be permitted.
4.5.2 Notwithstanding the Low Density Multiple Residential land use designation, a large residential care
facility shall be permitted use on the property located at 47 Madison Avenue South.
4.5.3
Notwithstanding the Low Rise Multiple Residential land use designation on the lands
located at 93 Cedar Street South, a maximum of 5 dwelling units may be permitted on the
property through intensification of the existing building and infill development to the rear of
the existing building.
4.5.4 Notwithstanding the Low Density Multiple Residential designation the maximum above grade
building height shall be 13.5 metres.
4.5.5 Notwithstanding the provisions of any of the land use designations within this Plan, new large
residential care facilities shall not be permitted.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment,
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
10.That City Council approve Official Plan Amendment 92/16 (Central Frederick Neighbourhood
Secondary Plan - Stage 6 Amendment) as outlined:
SECTION 4 - THE AMENDMENT
That the Central Frederick Neighbourhood Secondary Plan as approved by the Ontario Municipal Board
on June 12, 1989 and as further revised by City Council on March 9, 1992, be repealed and the
following adopted immediately subsequent therefor:
4.1 INTRODUCTION
The area referred to as the "Central Frederick Neighbourhood" is a 46 block inner city community situated
north and east of the Downtown and is bounded by the Conestoga Expressway, the
C.N.R. mainline, and Lancaster, Frederick, Weber and Krug streets. A detailed planning
process was carried out for the Central Frederick neighbourhood in the 1980's and
culminated in the adoption of a Secondary Plan for the area in 1989. The Secondary Plan
seeks to redesignate and refine the existing Official Plan land use designations having
regard for the local planning issues for the neighbourhood. In addition to changes in the
land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood
to more accurately reflect their use, function, and design.
4.2 GENERAL POLICIES
4.2.1 Approval under Section 41 of The Planning Act regarding Site Plan Control shall be required for all
development and conversions considered development under the Act. It is intended that
development should be of a siting and design which will be compatible with the existing
development and particularly the single detached dwellings in the interior of the
neighbourhood.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
COUNCIL MINUTES - 704 - DECEMBER 13, 1993
4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property
Standards By-law.
4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to
the Central Frederick Neighbourhood except where specifically revised within the text of
this Amendment.
4.2.4 Schedule A" entitled "Plan for Land Use" attached shall form part of the Central Frederick
Secondary Plan.
4.2.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Central
Frederick Neighbourhood constitutes those areas bounded by Frederick Street, Lancaster
Street, Krug Street and Weber Street. The boundary is shown on Schedule "A" of the
Amendment.
4.2.6 It is recognized that in many instances, the land use designations shown on Schedule "A" are not
coincident with rear property lines. The severance of rear and flanking property
assemblies for integrated redevelopment schemes will be permitted provided that the
remnant or remaining parcel continues to be in conformity with policies of the Plan and the
implementing Zoning By-law.
4.3 TRANSPORTATION POLICIES
4.3.1 It is an objective of this Amendment to separate local and through traffic as much as possible. One
specific roadway is proposed for closure: Gordon Avenue, where it intersects with
Mansion, and Lancaster Street. The closure will be implemented by By-law in accordance
with the procedures of the Municipal Act.
4.4 LAND USE DESIGNATIONS
4.4.1 Low Density Conservation - A
The intent of the "Low Density Conservation - A" designation is to preserve the scale, use and intensity of
existing development. This designation is applied to those portions of the community
where the vast majority of land use is single detached dwellings. The dwellings are in
good structural condition, and the are exhibits the characteristics of a stable family-
oriented area.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings,
lodging houses, small residential care facilities, private home day care and home
businesses; and those triplexes which were in compliance with the Zoning By-law as of
the date of the approval of the original Central Frederick Secondary Plan (June 12, 1989).
4.4.2
Low Density Conservation - B
The intent of the "Low Density Conservation - B" designation is to retain the existing Iow rise, Iow density
residential character of the Neighbourhood. Retention of the existing Iow rise, Iow density
neighbourhood scale shall be encouraged through the long term maintenance and
improvement of the existing housing stock, and the creation of additional residential units
through conversion of the existing residential structures. New housing through
redevelopment shall not exceed the existing scale and density of the area occurring at the
date of approval of this Amendment.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings,
multiple dwellings to a maximum of three units, small lodging houses, small residential
care facilities, home businesses, and private home day care.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 705 - DECEMBER 13, 1993
10.(Cont'd)
4.4.3 Low Rise Multiple Residential
The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing
opportunities while retaining and enhancing the Iow profile of the residential streetscape.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses, and
private home day care. Opportunities for development are provided to a maximum density
of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above
grade building floor area of any development shall not exceed 0.6 times the lot area.
Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.4.4
Low Density Multiple Residential
The intent of the "Low Density Multiple Residential" designation is to recognize those portions of the
community that have developed for higher density uses, and to permit the development
and integration of multiple residential uses while maintaining the overall Iow rise
characteristics of the neighbourhood.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings,
lodging houses, multiple dwellings, small and large residential care facilities, home
businesses and private home day care. Opportunities for development are provided to a
maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0,
that is, the above grade gross floor area shall not exceed 1.0 times the lot area. Multiple
dwellings may be permitted to exceed 100 units per hectare provided the Floor Space
Ratio of 1.0 is not exceeded.
4.4.5
Medium Density Multiple Residential
The intent of the "Medium Density Multiple Residential" designation is to permit multiple unit residential
development at medium densities.
Permitted uses
are restricted to existing single detached and semi-detached dwellings, duplex dwellings,
multiple dwellings, lodging houses, private home day care, home businesses, and small
and large residential care facilities. Day care facilities are permitted provided they are on
the same lot as a large multiple dwelling. Multiple dwellings are permitted to a maximum
of 200 units per hectare. The maximum Floor Space Ratio is 2.0, that is, the above grade
gross floor area shall not exceed 2.0 times the lot area. Multiple dwellings may be
permitted to exceed 200 units per hectare on an individual lot provided the Floor Space
Ratio of 2.0 is not exceeded.
4.4.6
Hi.qh Density Multiple Residential
The intent of the "High Density Multiple Residential" designation is to recognize the Acadian Apartments
located on lands consisting of Part Lots 1 and 2 of Registered Plan 429, and municipally
known as 250 Frederick Street.
Permitted uses
are restricted to multiple dwellings in excess of 200 units per hectare, home businesses,
private home day care and small and large residential care facilities. Day Care Facilities
are permitted provided they are on the same lot as a large multiple dwelling. The
maximum Floor Space Ratio shall be 4.0, that is, the above grade gross floor area shall
not exceed 4.0 times the lot area.
4.4.7 Office-Residential Conversion
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 706 - DECEMBER 13, 1993
10.(Cont'd)
The "Office-Residential Conversion" designation applies to properties fronting onto both sides of Irvin
Street between Scott Street and Lancaster Street. The aim of this designation is both to
preserve the existing structures in this area and to serve as a transition area between the
higher intensity uses along Frederick Street and the "Low Density Conservation"
designation along the remainder of the street.
Permitted uses are restricted to single detached dwellings, semi-detached dwellings, duplex dwellings,
multiple dwellings up to a maximum of three units and lodging houses and offices
including health offices, home occupations, private home day care, and small residential
care facilities. Residential and office uses may be permitted to locate within the same
building.
4.4.8
Low Density Commercial-Residential
The intent of the "Low Density Commercial-Residential" designation is to provide for a range of residential
and office uses which respects: the role of the Downtown as the commercial centre of
Kitchener; the traffic operational constraints of Frederick Street; and the scale, and use of
the adjacent Iow rise, Iow density residential area. The "Low Density Commercial-
Residential" designation will encourage the conservation and continuance of the existing
character and quality of the area through the long term maintenance and improvement of
the existing architecture, and the development of replacement structures that are in
keeping with the community's present scale of development.
Permitted residential uses are restricted to single detached dwellings, semi-detached dwellings, duplex
dwellings, multiple dwellings, lodging houses, small residential care facilities, private
home day care and home businesses. Permitted commercial uses include offices, office
support services, a limited amount of personal services, health offices, studios, tourist
homes, religious institutions, and educational establishments. Land uses may be
segregated in separated buildings or integrated in mixed use buildings. Personal services
must be internal to a large residential, office or mixed use building.
Opportunities for residential development are provided to a maximum of 100 units per hectare. The
maximum Floor Space Ratio for commercial uses in any new structure shall not exceed
0.33 times the lot area. The maximum Floor Space Ratio for all uses in any new structure
shall be 1.33 times the lot area. Multiple dwellings may exceed 100 units per hectare
provided the Floor Space Ratio of 1.33 is not exceeded.
To encourage stability and promote a level of confidence in both commercial and residential landowners,
development is permitted providing that all new building heights do not exceed 12.2
metres.
Vehicular access for conversions and new developments shall be from Frederick Street, and mutual
driveways are encouraged in order that the number of driveway access points on
Frederick Street (a Regional Primary Road) can be minimized. Those developments
situated on corner lots will be allowed to gain access from the side street where:
a)due to the nature of adjacent development vehicular access to Frederick Street is not available, and
b) the side street vehicular access is intended to serve only the corner lot development.
4.4.9
Medium Density Commercial-Residential
The intent of the "Medium Density Commercial Residential" is to allow for medium density residential,
office and institutional redevelopment. To complement MacKenzie King Square and the
Prudential Building, it is an objective of this Plan to encourage a high level of quality in
architectural and landscape design in
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
COUNCIL MINUTES - 707 - DECEMBER 13, 1993
all redevelopment projects. It is recognized that for land designated "Medium Density Commercial-
Residential", superior design can be achieved if sufficient flexibility is maintained in
building height and form.
Permitted residential uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, lodging houses, private home day care, home businesses, small and large
residential care facilities, and multiple dwellings. Residential development is restricted to
a maximum of 200 units per hectare. Permitted commercial uses are restricted to offices,
office support services, funeral homes, financial establishments, health offices, health
clinics, day care facilities, medical laboratories, restaurants, educational establishments,
religious institutions, tourist homes and studios, a limited amount of personal services and
small convenience retail. Land uses may be segregated in separate buildings or
integrated in mixed use developments. Personal services and convenience retail must be
internal to a large residential, office or mixed used building.
Residential development will be restricted to a maximum of 200 units per hectare. The maximum Floor
Space Ratio shall be 2.33, that is, the above grade gross floor area shall not exceed 2.33
times the lot area. Multiple dwellings may be permitted to exceed 200 units per hectare
provided the Floor Space Ratio of 2.33 is not exceeded.
4.4.10
Hi.qh Density Commercial-Residential
It is the intent
of the "High Density Commercial-Residential" designation to allow redevelopment for
multiple dwellings and limited commercial use at high densities. To complement
MacKenzie King Square and the Prudential Building it is an objective of this Plan to
encourage a high level of quality in architectural and landscape design in all
redevelopment projects. It is recognized that for lands designated "High Density
Commercial-Residential", superior design can be achieved if sufficient flexibility is
maintained in building height and form.
Permitted residential uses are restricted to multiple dwellings in excess of 200 units per hectares, private
home day care, home businesses, small and large residential care facilities, and lodging
houses. Permitted commercial uses are restricted to offices, office support services,
restaurants, medical laboratories, funeral homes, financial establishments, day care
facilities, health offices, health clinics, parking facility, club facilities, tourist homes,
studios, religious institutions, educational establishments, a limited amount of personal
services and convenience retail. Land uses may be segregated in separate buildings or
integrated in a mixed use development. Personal services and convenience retail must
be internal to a large residential, office or mixed use building.
The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed
4.0 times the lot area.
4.4.11
Convenience Commercial
The intent of the "Convenience Commercial" designation is to provide locations for small retail outlets
serving the day-to-day, non-comparison shopping and service needs of the
neighbourhood.
Permitted
uses shall include convenience retail, financial establishment, personal service, gas bar,
medical office, restaurant, and dwelling unit. Health office and restaurant use shall only
be permitted in plazas in combination with other permitted commercial uses.
4.4.12
Nei.qhbourhood Commercial
The intent of the "Neighbourhood Commercial" designation is to facilitate a grouping of commercial and
office uses.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
COUNCIL MINUTES - 708 - DECEMBER 13, 1993
Permitted uses include offices, small retail, health offices and health clinics, services catering to personal
or household needs, restaurants, automobile service station, financial establishment,
studio, car wash, and day care facilities.
The requirement for a Retail Impact Study, in accordance with Policy IV.5.vi of the Official Plan is waived,
given that the commercial uses presently exist, and no expansion of said facilities is
involved.
4.4.13
Community Commercial
The intent of
the "Community Commercial" designation is to provide for a group of commercial
establishments planned and developed as a unit including those lands east of Edna
Street. The minimum gross leasable retail commercial space shall not be less than
13,500 square metres (150,000 square feet), and not more than 37,160 square metres
(400,000 square feet). Gross leasable retail commercial space is defined as specified for
a Regional Shopping Centre.
The principal use of land within this designation is commerce. Commerce is defined as the buying,
selling or provision of goods and services. The primary permitted uses are retail,
wholesale, office, entertainment, and those services catering to personal and household
needs.
Complementary uses may be permitted provided they do not restrict the development of the primary
intended uses. These may include vehicular parking facilities, and automobile service
stations, parks, open space, educational establishments, health offices, health clinics,
religious institutions, recreation and cultural facilities, repair services which are not
obnoxious by reason of noise, vibration, odour or smoke and which do not require outside
storage.
4.4.14
Service Commercial
Service Commercial is a land use category for a broad range of commercial and industrial business uses,
each of which has the following basic characteristics:
a) they provide a specialized product or service to persons coming specifically to the premises to do
business and, therefore, should not be required to locate in the City's pedestrian-
oriented retail shopping areas such as the Downtown and Regional, Community or
Neighbourhood Shopping Centres;
b) they rely on business from and exposure to the travelling public, require a location readily accessible to
a well-populated market area and, therefore, should be located on a Primary or
Secondary Arterial Road, provided suitable access is available in keeping with
Regional Policy and Procedures for Access onto Regional Roads, and should not
generally be required to locate within an industrial area; and
Possible uses within a Service Commercial area would include, but are not limited to those oriented to the
travelling general public, such as motels, hotels, restaurants, automobile service stations,
vehicle and recreational equipment sales/rental and service and commercial recreation.
Service Commercial areas are, however, not intended to provide locations for those retail and office uses
normally found in the Downtown or Regional, Community and Neighbourhood Shopping
Centres. Service Commercial areas should not directly compete with Regional,
Community or Neighbourhood Shopping Centres. However, convenience commercial
facilities may be permitted within Service Commercial areas.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
Other types of sales outlets will be permitted where, because of their function or space requirements, they
COUNCIL MINUTES - 709 - DECEMBER 13, 1993
fulfil at least one of the following:
they form part of a firm or business that has the majority of its floor area fulfilling a
warehouse, storage or distribution function to other than the ultimate consumer;
ii)
they form part of a firm or business that has a portion of its operation related to
the servicing of motor vehicles; and
iii)
they require large enclosed or open space areas not normally available in
shopping centres.
Office uses will only be permitted in the Service Commercial category where they are
accessory to a Service Commercial land use, or are contained within a building used
primarily for service commercial purposes. Business such as surveying, planning,
engineering or design, as well as health offices and health clinics may locate in
freestanding buildings.
Commercial entertainment, such as theatres and amusement arcades, will only be
permitted in the Service Commercial category where it is an accessory use within hotels,
motels and restaurants, or as part of a planned commercial recreation complex such as an
amusement park.
The Service Commercial land use category also permits industrial business uses. The
industrial businesses permitted within the Service Commercial designation are restricted
to those firms which do not engage in on-site manufacturing or processing. Craftsman
shops used for the creation, finishing, refinishing or similar production of custom or
handmade commodities are, however, permitted.
Permitted complementary uses may include non-residential institutional uses.
4.4.15 Nei.qhbourhood Institutional
The Neighbourhood Institutional designation makes provision for and recognizes the existence of small,
neighbourhood-oriented institutions such as schools, churches, and community services.
Uses permitted within the Neighbourhood Institutional designation are restricted to single detached
dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private
home day care, day care facilities, educational establishments, religious institutions, and
small residential care facilities. In addition, day care facilities are a permitted use
provided that if they are not located on a major road, they are located within an
educational establishment or a religious institution.
4.4.16 Community Institutional
The Community Institutional land use category makes provision for, and recognizes the existence of
community institutional uses such as elementary schools, churches and community
services. It also makes provision for a range of quasi-institutional and residential uses
which are complementary to the community institutional uses and/or represent viable
redevelopment options for affected sites in terms of the use existing facilities and effects
on the surrounding community.
Uses permitted within the Community Institutional Category are restricted to single detached dwellings,
duplex dwellings, semi-detached dwellings, multiple dwellings, educational
establishments, religious institutions, small and large residential care facilities, health
offices, health clinics, veterinary services, social service establishments, artisans
establishments, day care facilities, private home day care and home businesses.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
Convenience retail, financial establishment and personal service uses shall be permitted provided that
they are located within a building used for a health clinic, multiple dwelling or large
residential care facility.
COUNCIL MINUTES - 710 - DECEMBER 13, 1993
Lands designated Community Institutional shall be located along Primary or Secondary Arterial or
Collector roads as identified on Schedule "A" of this Plan.
The residential component of any development shall not exceed 100 units per hectare. The maximum
Floor Space Ratio shall be 1.0, that is, the above grade building floor area of any
development shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted
to exceed 100 units per hectare where the Floor Space Ratio of 1.0 is not exceeded.
Existing and planned elementary school sites which are designated and/or zoned Community Institutional
shall be affected by a Holding Provision which will be applied by means of the
implementing zoning by-law.
The Holding Provision shall be applied to all such sites and be applied to the following uses: a health
office, a health clinic; a veterinary service, a multiple dwelling, a social service
establishment, a street townhouse dwelling or a large residential care facility. Removal of
the Holding Provision shall be conditional upon the requirement that the City Clerk is in
receipt of a letter from the Ministry of Education giving its final approval to the school
closing and upon the approval of a site plan by the City Council which addresses the
relationship of the proposed development to immediately surrounding properties in terms
of such matters as siting of buildings, buffering, screening, pedestrian and vehicular
access, outdoor lighting and site grading.
The application of the Community Institutional category to existing elementary school sites in no way
guarantees that such sites will continue to be used for such purposes. Rather, the
category identifies uses which, at the time of the approval of the secondary plan, are felt
to be appropriate for such sites. The decision to retain, expand or close existing
elementary school sites is the responsibility of the two local school boards, not the City of
Kitchener.
The Community Institutional category has been applied to the A.R. Goudie Eventide Home located at 369
Frederick Street, Suddaby Public School located at 71 Frederick Street, and the vacant
property located at the end of Mansion Street adjacent to the Conestoga Parkway.
4.4.17 Nei.qhbourhood Park
The intent of the "Neighbourhood Park" designation is to preserve parkland at the neighbourhood scale,
and to allow for passive and active open spaces and a variety of recreational activities.
4.5SPECIAL POLICIES
4.5.1 Notwithstanding the Low Density Commercial Residential land use designation, the existing two
convenience retail stores at 269 Frederick Street and 234 Frederick Street shall also be
permitted.
4.5.2 Notwithstanding the Medium Density Commercial Residential land use designation on those lands
fronting on the west side of Lancaster Street, municipally known as 143, 145, 147, 151,
155, 159, 161, and 162 Lancaster Street East, permitted uses are restricted to existing
single detached and semi-detached dwellings, duplex dwellings, lodging houses, private
home day care, home businesses, small and large residential care facilities, and multiple
dwellings to a maximum of 200 units per hectare. Commercial use of these lands is
contingent upon those properties being assembled
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
in conjunction with lands having frontage on Frederick Street and redevelopment will be accomplished by
a holding zone category being applied to such properties in the Zoning By-law. Where
this is achieved, religious institutions and commercial uses are permitted including offices,
office support services, personal services, funeral homes, financial establishments,
educational establishments, day care facilities, health offices, health clinics, medical
laboratories, restaurants, studios, tourist homes, and convenience retail are permitted.
COUNCIL MINUTES - 711 - DECEMBER 13, 1993
The holding provisions of the zoning shall be removed so as to allow development to proceed when the
following criteria have been met:
1)consolidation or assembly of the property with property having legal frontage and access to King Street
West;
2)a site plan pursuant to Section 41 indicating that these lands will be developed in conjunction with lands
with frontage on Frederick Street has been approved.
4.5.3 Notwithstanding the High Density Commercial Residential land use designation, on lands within the
block bounded by Frederick, Spetz, Scott, and Irvin Streets that do not have legal frontage
on Frederick Street (municipally known as 10, 20, 30 Spetz and 100, 102, 104 Scott
Streets) permitted uses are restricted to row housing, small and large residential care
facilities, and multiple dwellings not exceeding 200 units per hectare. Convenience retail
and personal services which are intended to serve the needs of the building's internal
resident or employee population are permitted. Existing structures may convert to offices
on the condition that sufficient on-site parking can be provided. Commercial uses in new
structures are contingent upon these lands being assembled with lands that have frontage
on Frederick Street and redevelopment will be accomplished by a holding zone category
being applied to such properties in the Zoning By-law. In these cases, offices, personal
services, restaurants, religious institutions, medical laboratories, funeral homes, financial
establishments, health offices, health clinics, parking facilities, club facilities, and studios
would be permitted.
The holding provision of the zoning shall be removed so as to allow redevelopment to proceed when the
following criteria have been met:
1 )consolidation or assembly of the property with property having frontage and access on Frederick Street;
2)a site plan pursuant to Section 41 indicating that these lands will be developed in conjunction with lands
with frontage on Frederick Street has been approved.
4.5.4 Notwithstanding the Convenience Commercial land use designation, on 593 Victoria Street North, a
restaurant is not a permitted use, and a limited amount of convenience retail is permitted
when operated in conjunction with a gas bar.
4.5.5 Notwithstanding the Convenience Commercial land use designation, convenience commercial uses
on 577 Victoria Street North, the service and repair of motor vehicles permitted. In
addition, a freestanding health office is permitted. Any change of land use, through
redevelopment or conversion shall require an approved Development Agreement. This
Agreement shall include an appropriate level of landscaping and privacy fencing along the
Indiana Street frontage (excluding the vehicular access areas) and the rear property line.
4.5.6 Notwithstanding the Service Commercial land use designation, on the lands bounded by Victoria
Street, Lancaster Street, C.N.R. Mainline, and the Conestoga Expressway, manufacturing,
except for manufacturing of non-metallic mineral products; processing, packing or
canning of feed; meat, poultry or fish products;
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
10.(Cont'd)
processing or refining of petroleum or coal; primary production of chemicals, rubber or plastics; smelting,
refining, rolling, or extruding of ore or metal; and tanning or processing of pelts or leather,
shall be permitted.
4.5.7 Notwithstanding the Service Commercial land use designation on 36, 42, and 46 Edna Streets,
redevelopment and/or the conversion of existing structures for Service Commercial uses
will be accomplished by a holding zone category being applied in the Zoning By-law.
The holding provisions of the zoning shall be removed so as to allow redevelopment and/or conversion to
proceed when a site plan setting out only one point of access for the said three properties,
and any additional matters required pursuant to Section 41 of The Planning Act has been
COUNCIL MINUTES - 712 - DECEMBER 13, 1993
approved.
4.5.8 Notwithstanding the Low Density Commercial Residential land use designation, on those lands
situated on the south side of Frederick Street, between Lancaster Street and Samuel
Street, additional height will be permitted (above 12.2 metres) for portions of buildings
situated closer to the Frederick/Lancaster intersection in exchange for the balance of
building design being complementary to the scale of the adjacent residential area.
COUNCIL MINUTES - 713 - DECEMBER 13, 1993
4.5.9 Notwithstanding the Low Density Conservation land use designation, on those lands situated at the
northwesterly intersection of Dumfries Avenue and Chapel Street, a health office shall be
permitted within the existing building.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan for the City of Kitchener regarding the implementation and
interpretation of that Plan shall apply to this Amendment.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
11.That City Council approve Official Plan Amendment 92/17 (Victoria Park Neighbourhood Secondary
Plan - 5 Year Review) as outlined:
SECTION 4 - THE AMENDMENT
That the Victoria Park Secondary Plan as approved by the Regional Municipality of Waterloo on July 14,
1988 and as further revised by City Council on March 9, 1992, be rescinded and the following be
adopted immediately subsequent therefor:
4.1 INTRODUCTION
The area referred to as the "Victoria Park Neighbourhood" is comprised of a 14 block area including
residential areas surrounding Victoria Park situated immediately south of the Downtown.
The Victoria Park neighbourhood is bounded by Oak, Joseph, Queen, Highland and
Victoria streets. A detailed planning process was carried out for the Victoria Park
neighbourhood in the 1980's and culminated in the adoption of a Secondary Plan for the
area in 1987. The Secondary Plan seeks to redesignate and refine the existing Official
Plan land use designations having regard for the local planning issues for the
neighbourhood. In addition to changes in the land use scheme, the Plan also reclassifies
the hierarchy of roads in the neighbourhood to more accurately reflect their use, function,
and design.
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
714
DECEMBER 13, 1993
DECEMBER 13, 1993
11 .(Cont'd)
4.2GENERAL POLICIES
4.2.1 Approval under Section 41 of the Planning Act shall be required for any development which
includes redevelopment or conversions considered development under the Planning Act.
It is intended that development should be of a siting and design which will be compatible
with the existing development and particularly the single detached dwellings in the interior
of the neighbourhood.
4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property Standard
By-law.
4.2.3 Sections
I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to
the Victoria Park Neighbourhood except where specifically cited within the text of this
Amendment.
4.2.4 Schedule "A" entitled "Plan for Land Use", and Schedule "B" entitled "Floodplain and Environmental
Areas" attached shall form part of the Victoria Park Secondary Plan.
4.2.5 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the Victoria
Park neighbourhood constitutes those areas which have been designated Medium
Density Multiple Residential, Service Commercial and High Density Commercial
Residential and are contained within the boundary as shown on Schedule "A".
4.2.6 It is recognized that, in many instances, the land use designations shown on Schedule "A" are not
coincident with rear property lines. The severance of rear and flanking property
assemblies for integrated redevelopment schemes will be permitted provided that the
remnant or remaining parcel continues to be in conformity with the policies of the Plan and
the implementing Zoning By-law.
4.2.7 All new
multiple residential development and institutional development having a residential
component adjacent to a rail line shall be required to maintain a minimum setback from
the property line of said railway and provide a berm as required by the implementing
Zoning By-law.
4.3 TRANSPORTATION POLICIES
4.3.1 Suitable measures based on the Ministry of the Environment and Energy standards for the
mitigation of noise will be provided to the satisfaction of the Region, CP and CN Rail
where applicable for new residential development and places of assembly abutting railway
rights-of-way.
4.4 FLOOD PLAIN POLICIES
4.4.1 The flood plain of the portions of Schneider Creek within the Victoria Park neighbourhood are
designated as Two-Zone Flood Plain Policy areas by the City of Kitchener and the Grand
River Conservation Authority. For detailed flood plain planning policies, reference shall be
had to Section IV. 12 of the Official Plan, "Flood Plain Policies".
4.4.2 Underground parking facilities will be permitted within the flood fringe in the Low Density Multiple
Residential, Medium Density Multiple Residential and Service Commercial land use
designations provided that such underground parking facility is floodproofed to the
Regulatory Flood elevation and safe access is maintained during times of severe flooding.
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
715 -
DECEMBER 13, 1993
DECEMBER 13, 1993
11 .(Cont'd)
4.5 LAND USE DESIGNATIONS
4.5.1
Low Density Conservation
The "Low Density Conservation" designation has been applied to areas where it is the aim of the Plan to
retain the existing Iow rise, Iow density residential character of the Neighbourhood.
Preservation of the built scale of development shall be encouraged through the retention
of the existing housing stock, subdivision of the existing housing stock to create multiple
unit dwellings, and the creation of new housing through redevelopment at no greater than
that existing scale and intensity of development occurring at the date of approval of this
Amendment. Generally, the average built density of the Low Density Conservation area is
approximately 14 units per acre or 35 units per hectare.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings to a maximum of three units, small lodging houses, small residential
care facilities, home businesses and private home day care.
4.5.2
Low Rise Multiple Residential
The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing
opportunities while retaining and enhancing the Iow profile of the residential streetscape.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses, and
private home day care. Opportunities for development are provided to a maximum density
of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above
grade building floor area of any development shall not exceed 0.6 times the lot area.
Multiple dwellings may be permitted to exceed 40 units per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.5.3
Low Density Multiple Residential
The intent of the "Low Density Multiple Residential" designation is to permit the development and
integration of higher density multiple residential uses while maintaining the overall Iow rise
characteristics of the neighbourhood.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small and large residential care facilities, home
businesses, and private home day care. Opportunities for development are provided to a
maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0,
that is, the above grade building floor area shall not exceed 1.0 times the lot area.
Multiple dwellings may be permitted to exceed 100 units per hectare on an individual site
provided the Floor Space Ratio of 1.0 is not exceeded.
4.5.4 Medium Density Multiple Residential
The intent of the "Medium Density Multiple Residential" designation is to encourage new development at
densities which provide an appropriate transition between Iow densities found in the heart
of residential neighbourhoods and higher density redevelopment sites at the periphery of
the neighbourhood.
Permitted uses
are restricted to existing single detached and semi-detached dwelling, duplex dwellings,
multiple dwellings, lodging houses, small and large residential care facilities, home
businesses and private home day care. Day Care Facilities are permitted provided they
are located on the same lot as a large multiple dwelling. Opportunities for development
are provided to a maximum density of 200 units per hectare. The Maximum Floor Space
Ratio shall be 2.0, that is, the above grade building floor
PLANNING AND ECONOMIC DECEMBER 13, 1993
COUNCIL MINUTES
DEVELOPMENT COMMITTEE
- 716 -
DECEMBER 13, 1993
11 .(Cont'd)
area of any development shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to
exceed 200 units per hectare provided the Floor Space Ratio of 2.0 is not exceeded.
4.5.4
Hi,qh Density Multiple Residential
The "High Density Multiple Residential" designation is intended to encourage new development at very
high densities and allows for a range of support services such as personal services and
convenience retail.
Permitted residential uses shall be restricted to multiple residential dwellings and lodging houses.
Additional uses permitted within the designation may include day care facilities provided
they are on the same lot as a large multiple dwelling, a limited amount of personal
services and small convenience retail provided they are internal to a large multiple
dwelling, offices provided they are internal to a large multiple dwelling and located at
grade level, private home day care, small and large residential care facilities, and home
businesses. This designation permits residential development densities in excess of 200
units per hectare. The maximum Floor Space Ratio shall be 4.0, that is, the above grade
building floor area shall not exceed 4.0 times the lot area.
4.5.5
Low Density Commercial Residential
The "Low
Density Commercial Residential" designation recognizes the existing scale of mixed
commercial residential development and allows for Iow density redevelopment to office,
institutional, and multiple residential uses. This designation is intended to provide a buffer
between Queen Street South and Victoria Street South and the "Low Density
Conservation" areas on the adjacent local streets.
Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached
dwellings, lodging houses, home businesses, private home day care, small and large
residential care facilities, and multiple dwellings. Commercial uses are restricted to
offices, office support services, health offices, health clinics, commercial parking lots, club
facilities, day care facilities, funeral homes, financial establishments, religious institutions,
educational establishments, medical laboratories, studios, tourist homes, a limited amount
of personal services and small convenience retail. Land uses may be segregated in
separate buildings or integrated in mixed used developments. Personal services and
convenience retail must be internal to a large residential, office or mixed use building.
Residential development will be restricted to a maximum of 100 units per hectare on an individual lot.
The maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor area
shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed
100 units per hectare on an individual lot provided the maximum Floor Space Ratio of 1.0
is not exceeded.
In all cases, redevelopment within this designation shall obtain access from Queen Street South or
Victoria Street South.
4.5.6
Medium Density Commercial Residential
The "Medium Density Commercial Residential" designation allows for medium density redevelopment to
office, institutional and multiple residential.
Residential
uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, multiple dwellings, lodging houses, small and large residential care facilities,
home businesses and private home day care. Commercial uses are restricted to offices,
office support services, health offices, health clinics, commercial parking lots, club
facilities, day care facilities, funeral homes, financial establishments, religious
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 717 - DECEMBER 13, 1993
11 .(Cont'd)
institutions, educational establishments, medical laboratories, studios, tourist homes, a limited amount of
personal services and small convenience retail. Land uses may be segregated in
separated buildings or integrated in mixed used developments. Personal services and
convenience retail must be internal to a large residential, office or mixed use building.
Residential development will be restricted to a maximum of 200 units per hectare on an individual lot.
The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area
may not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200
units per hectare on an individual lot provided the maximum Floor Space Ratio of 2.0 is
not exceeded.
4.5.7
Hi,qh Density Commercial Residential
The "High Density Commercial Residential" designation allows for high density redevelopment to office,
multiple residential, institutional and limited commercial uses.
Permitted land
uses include multiple dwellings which may exceed 200 units per hectare, small and large
residential care facilities, lodging houses, private home day care, and home businesses.
Commercial uses are restricted to offices, office support services, health offices, health
clinics, commercial parking lots, club facilities, religious institutions, education
establishments, medical laboratories, funeral homes, financial establishments, day care
facilities, studios, tourist homes, a limited amount of personal services and small
convenience retail uses. Land uses may be segregated in separate buildings or
integrated into a mixed use development. Personal services and small convenience retail
uses must be internal to a large residential, office, or mixed commercial residential
development.
The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed
4.0 times the lot area.
4.5.8
Convenience Commercial
The Convenience Commercial designation shall provide locations for retail outlets serving the day to day,
non-comparison shopping needs of the neighbourhood.
Permitted uses shall include small convenience retail, dwelling unit, financial establishment, gas bar,
health office, personal services and restaurant. Health offices and restaurants shall only
be permitted in plazas in combination with other permitted commercial uses.
4.5.9
Nei.qhbourhood Commercial
The intent of
the "Neighbourhood Commercial" designation is to provide locations for a variety of
commercial uses which serve the needs of the consumer at the neighbourhood level. It is
further intended that these facilities will provide a complementary role to the larger
commercial establishments located in the City of Kitchener.
Neighbourhood Commercial shall be defined as a group of commercial establishments planned and
developed as a unit, with a minimum gross leasable retail commercial space of not less
than 1,000 square metres, and a maximum of not more than 13,500 square metres, with
the maximum gross leasable retail commercial floor space of any singular commercial
outlet or establishment not exceeding 4,550 square metres.
Permitted uses include offices, including health offices and health clinics, retail, services catering to
personal or household needs, restaurants, automobile service stations, repair services,
financial establishments, studio, veterinary services, day care facilities and car washes.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
11 .(Cont'd)
COUNCIL MINUTES - 718 - DECEMBER 13, 1993
4.5.10
Service Commercial
Service Commercial is a land use category for a broad range of commercial and industrial business uses,
each of which has the following basic characteristics:
a)they provide a specialized product or service to persons coming specifically to the premises to do
business and, therefore, are not required to locate in the City's pedestrian-oriented
retail shopping areas such as the Downtown and Regional, Community or
Neighbourhood Shopping Centres;
b)they rely on business from and exposure to the travelling public, require a location readily accessible to
a well-populated market area and, therefore, should be located on a Primary or
Secondary Arterial Road, provided suitable access is available in keeping with
Regional Policy and Procedures for Access onto Regional Roads, and should not
generally be required to locate within an industrial area; and
Possible uses within a Service Commercial area would include, but are not limited to, those oriented to
the travelling general public, such as motels, hotels, restaurants, automobile service
stations, vehicle and recreational equipment sales/rental and service and commercial
recreation.
Service Commercial areas are, however, not intended to provide locations for those retail and office uses
normally found in the Downtown or Regional, Community and Neighbourhood Shopping
Centre areas. Service Commercial areas should not directly compete with Regional,
Community or Neighbourhood Shopping Centres. However, convenience commercial
facilities may be permitted within Service Commercial areas.
Other types of sales outlets shall be permitted where, because of their function or space requirements,
they fulfil at least one of the following:
i) they form part of a firm or business that has the majority of its floor area fulfilling a warehouse, storage
or distribution function to other than the ultimate consumer;
ii)
they form part of a firm or business that has a portion of its operation related to the servicing of
motor vehicles; and
iii) they require large enclosed or open space areas not normally available in shopping centres.
Office uses shall only be permitted in the Service Commercial category where they are accessory to a
Service Commercial land use, or are contained within a building used primarily for service
commercial purposes. Businesses such as surveying, planning, engineering or design,
as well as health offices and health clinics may locate in freestanding buildings.
Commercial entertainment shall only be permitted in the Service Commercial category where it is an
accessory use within hotels, motels and restaurants, or as part of a planned commercial
recreation complex such as an amusement park.
The
Service Commercial land use category also permits industrial business uses. The industrial
businesses permitted within the Service Commercial designation are restricted to those
firms which do not engage in on-site manufacturing or processing. Craftsman shops used
for the creation, finishing, refinishing or similar production of custom or handmade
commodities are, however, permitted.
Permitted complementary uses may include non-residential institutional.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
11 .(Cont'd)
4.5.11 Nei.qhbourhood Institutional
The "Neighbourhood Institutional" designation makes provision for and recognizes the existence of small,
COUNCIL MINUTES - 719 - DECEMBER 13, 1993
neighbourhood-oriented institutions such as schools, churches, and community services.
Uses permitted within the Neighbourhood Institutional designation are restricted to single detached
dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private
home day care, educational establishments, religious institutions and small residential
care facilities. In addition, day care facilities are a permitted use provided that if they are
not located on a major road they are located within an educational establishment or a
religious institution.
4.5.12 Open Space
The Open Space category is intended to reserve land for a variety of reasons such as for preservation of
natural features, outdoor recreation, lands considered undevelopable for reasons of
flooding or instability, and land parcels made available through public works, water
courses and railway right-of-ways. Uses include major community scale parks,
conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor
recreation and golf courses.
In addition to hazard lands described above, the Open Space designation shall apply to those lands
located within the floodway portion of the flood plain in areas identified as being Two-
Zone Policy Areas on Map 2' "Flood Plain and Environmental Areas". In Open Space
areas also designated as Two-Zone Policy Areas, the intent of the Open Space
designation is to recognize the danger associated with the floodway portion of the flood
plain through prohibition of new urban development while recognizing the presence of
existing urban development in the floodway. Existing development will be zoned to permit
all legally existing uses and will be subject to the "Fill, Construction and Alteration to
Waterways" regulation administered by the Grand River Conservation Authority.
Alternative uses may be permitted provided that the subsequent use is within the same
general class of land use, no new dwelling units are created, the use presents less of a
risk to life and property in the event of flooding, the new use is not specifically prohibited
by Policy IV. 12.iii), and approval is received from the Grand River Conservation Authority.
4.6SPECIAL POLICIES
4.6.1 Notwithstanding the Low Density Conservation land use designation, an office at 520 Queen Street
shall be permitted.
4.6.2 Notwithstanding the Low Density Conservation land use designation, on 640 Queen Street South,
convenience retail shall be permitted.
4.6.3 Notwithstanding the Low Density Conservation land use designation, a Large Residential Care
Facility with accessory educations facilities at 19 Schneider Avenue, shall be permitted.
4.6.4 Notwithstanding the Medium Density Multiple Residential land use designation, a service station on
55 and 69 Joseph Street, shall be permitted.
4.6.5 Notwithstanding the High Density Commercial Residential land use designation, on 254 Queen
Street South, retail shall also be permitted up to a maximum leasable floor area of 225.0
square metres for any individual outlet or establishment.
4.6.6 Notwithstanding the High Density Commercial Residential land use designation the redevelopment
of lands to a depth of 30 metres from the David Street streetline between Courtland
Avenue and a depth of 75 metres from the Joseph Street streetline shall be limited in
height to four storeys. Commercial uses shall be
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
11 .(Cont'd)
permitted only on the easterly half of the block bounded by Joseph Street, Queen Street South, Courtland
Avenue and David Street.
4.6.7 Notwithstanding the High Density Commercial Residential land use designation, on the lands
located at the intersection of Queen Street South and the Grand River Railway (described
COUNCIL MINUTES - 720 - DECEMBER 13, 1993
as Part Lot 73, Subdivision of Lot 17, German Company Tract), small retail uses, a
restaurant, convenience commercial and personal services shall be permitted within the
existing structures.
COUNCIL MINUTES - 721 - DECEMBER 13, 1993
4.6.8 Notwithstanding the Neighbourhood Institutional land use designation, large residential care
facilities and medium density multiple residential uses to a maximum of 200 units per
hectare shall be permitted on the south side of Michael Street between Victoria Street
South and Linden Street. The maximum Floor Space Ratio shall be 2.0, that is the above
grade building floor area shall not exceed 2.0 times the lot area.
4.6.9 Notwithstanding the Neighbourhood Institutional land use designation, in order to recognize the
historical development of the shoe and apparel manufacturing uses which have occupied
the factory building at 5 Michael Street, its importance as an employer, and to encourage
the retention of its use, manufacturing of shoes and apparel shall be recognized as a
permitted use within the easterly half of the lands located on the south side of Michael
Street between Victoria Street and Linden Avenue.
4.6.10
Notwithstanding the Low Density Commercial Residential land use designation, the
wholesale and retail of hardware on 199 Victoria Street South, shall be permitted.
4.6.11
Notwithstanding the Low Density Multiple Residential land use designation, no buildings
greater than 3 storeys in height shall be located within 30 metres of the rear property lines
of those properties fronting on Henry Street.
4.6.12
Notwithstanding the Neighbourhood Commercial land use designation, on 96 -100
Highland Road West, automobile service station shall not be a permitted use.
4.6.13
Notwithstanding the Medium Density Multiple Residential land use designation, on those
lands municipally known as 55 and 69 Joseph Street, permitted uses are restricted to a
service station and residential uses within existing buildings. Redevelopment of these
properties will be accomplished by a holding zoning category being applied in the Zoning
By-law. The holding provision shall be removed so as to allow development to proceed
only when the following criteria have been met:
1 )consolidation or assembly of the two properties.
2) a site plan pursuant to Section 41 has been approved.
4.6.14
Notwithstanding the Medium Density Commercial Residential land use designation on the
384-402 Queen Street South, a Floor Space Ratio of 3.0 shall be permitted.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment.
In the event that an undertaking subject to The Environmental Assessment Act is to be carried out in
connection with the Victoria Park Neighbourhood, the necessary approval shall be obtained under
the Environmental Assessment Act prior to proceeding with the undertaking.
And Further that Schedule "A", Plan for Land Use be replaced with Schedule "A" dated December 1993.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
(AS AMENDED)
COUNCIL MINUTES - 722 - DECEMBER 13, 1993
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
723 -
DECEMBER 13, 1993
DECEMBER 13, 1993
12.That City Council approve Official Plan Amendment 92/18 (K-W Hospital Neighbourhood Secondary
Plan - 5 Year Review) as outlined:
SECTION 4 - THE AMENDMENT
That the K-W Hospital Secondary Plan as approved by the Regional Municipality of Waterloo on July 16,
1987, as amended be rescinded and the following be adopted immediately subsequent therefor:
4.1 INTRODUCTION
The area referred to as the "K-W Hospital Neighbourhood" is comprised of a 29 block area bisected by
King Street and sandwiched between the Downtown to the east, the City of Waterloo to
the west, Mount Hope Cemetery to the north, and the Belmont Shopping area to the
south. It is a neighbourhood composed of a wide diversity of land uses within a relatively
confined and built-up area. The K-W Hospital neighbourhood is bounded by the Grand
River Railway, the City of Waterloo boundary, Moore Street, and an irregular boundary
line formed by Breithaupt, King, Walter, Agnes, Dominion, Strange, Elm and Glasgow
Streets and the easterly property line of the Ratz-Bechtel Funeral Home. A detailed
planning process was carried out for the K-W Hospital neighbourhood in the 1980's and
culminated in the adoption of a Secondary Plan for the area in 1987. The Secondary Plan
seeks to redesignate and refine the existing Official Plan land use designations having
regard for the local planning issues for the neighbourhood. In addition to changes in the
land use scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood
to more accurately reflect their use, function, and design.
4.2 GENERAL POLICIES
4.2.1 Approval under Section 41 of The Planning Act shall be required for any development which
includes redevelopment or conversion considered development under the Act. It is
intended that development should be of a siting and design which will be compatible with
the existing development and particularly the single detached dwellings in the interior of
the neighbourhood.
4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property
Standards By-law.
4.2.3 Sections
I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to
the K-W Hospital Neighbourhood except where specifically cited within the text of this
Amendment.
4.2.4 Schedule "A" entitled "Plan for Land Use" attached shall form part of the K-W Hospital Secondary
Plan.
4.2.5 Settlement Pattern Policy Area B of the Regional Official Policies Plan as it applies to the K-W
Hospital neighbourhood constitutes those areas which have been designated Low Rise
Commercial Residential, Medium Density Commercial Residential, High Density
Commercial Residential, and Major Institutional as shown on Schedule "A".
4.2.6 It is recognized that, in many instances, the land use designations shown on Schedule "A" are not
coincident with rear property lines. The severance of rear and flanking property
assemblies for integrated redevelopment schemes will be permitted provided that remnant
or remaining parcel continues to be in conformity with the policies of the Plan and the
implementing Zoning By-law.
4.3 TRANSPORTATION POLICIES
COUNCIL MINUTES - 724 - DECEMBER 13, 1993
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
12.(Cont'd)
4.3.1 Some public roads and lanes may be closed to achieve the objectives of the K-W Hospital
Neighbourhood Secondary Plan. These roadways may include Vogt Place, Mutual Drive
and Andrew Street through Mount Hope Cemetery.
4.3.2 Suitable
measures based on the Ministry of the Environment and Energy standards for the
mitigation of noise will be provided to the satisfaction of the Region and CP Rail where
applicable for new residential development and places of assembly abutting the CP Rail
right-of-way.
4.4 LAND USE DESIGNATIONS
4.4.1
Low Density Conservation
The "Low Density Conservation" designation has been applied to areas where it is the aim of the Plan to
retain the existing Iow rise, Iow density residential character of the neighbourhood.
Preservation of the built scale of development shall be encouraged through the retention
of the existing housing stock, subdivision of the existing housing stock to create multiple
unit dwellings, and the creation of new housing through redevelopment at no greater than
the existing scale and intensity of development occurring at the date of approval of this
Amendment.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings to a maximum of three units, small lodging houses, small residential
care facilities, home businesses, and private home day care.
Within the Low Density Conservation area there are several locations which have been developed with
Iow rise multiple dwellings which exceed the density limitations of this designation.
Multiple dwellings existing on the date of approval of this Amendment shall be permitted.
4.4.2
Low Rise Multiple Residential
The intent of the "Low Rise Multiple Residential" designation is to provide for a range of housing
opportunities while retaining and enhancing the Iow profile of the residential streetscape.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses, and
private home day care. Opportunities for development are provided to a maximum density
of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6, that is, the above
grade building floor area of any development shall not exceed 0.6 times the lot area.
Multiple Dwellings may be permitted to exceed 40 units per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.4.3
Low Density Multiple Residential
The intent of the "Low Density Multiple Residential" designation is to permit the development and
integration of higher density multiple residential uses while maintaining the overall Iow rise
characteristics of the neighbourhood.
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small and large residential care facilities, home
businesses, and private home day care. Opportunities for development are provided to a
maximum density of 100 units per hectare. The maximum Floor Space Ratio shall be 1.0,
that is, the above grade building floor area of any development shall not exceed 1.0 times
the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an
individual site provided the Floor Space Ratio of 1.0 is not exceeded.
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
725 -
DECEMBER 13, 1993
DECEMBER 13, 1993
12.(Cont'd)
4.4.4
Hi,qh Density Multiple Residential
The "High Density Multiple Residential" is intended to encourage new development at very high densities
and allows for a range of support services such as personal services and convenience
retail.
Permitted residential uses shall be restricted to multiple residential dwellings and lodging houses.
Additional uses permitted within the designation may include; day care facilities provided
they are on the same lot as a large multiple dwelling, a limited amount of personal
services and small convenience retail provided they are internal to a large multiple
dwelling, offices provided they are internal to a large multiple dwelling and located at
grade level, private home day care, small and large residential care facilities, and home
businesses. This designation permits residential development densities in excess of 200
units per hectare. The maximum Floor Space Ratio shall be 4.0, that is, the above grade
building floor area shall not exceed 4.0 times the lot area.
4.4.5
Low Density Commercial Residential
The "Low
Density Commercial Residential" designation recognizes the existing scale of mixed
commercial residential development and allows for Iow density redevelopment to
commercial, institutional, and multiple residential uses. With the K-W Hospital
neighbourhood, this designation is intended to provide a buffer between King Street West
and the "Low Density Conservation" designations on the adjacent local streets.
Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached
dwellings, multiple dwellings, lodging houses, home businesses, private home day care,
and small and large residential care facilities. Commercial uses are restricted to offices,
office support services, health offices and health clinics, club facilities, day care facilities,
funeral homes, financial establishments, religious institutions, educational establishments,
medical laboratories, studios, tourist homes, a limited amount of personal services and
small convenience retail. Land uses may be segregated in separate buildings or
integrated in a mixed use development. Personal services and convenience retail uses
must be internal to a large residential, office or mixed use building.
The maximum
residential density shall be 100 units per hectare. The maximum Floor Space Ratio shall
be 1.0, that is the above grade building floor area shall not exceed 1.0 times the lot area.
Multiple dwellings may be permitted to exceed 100 units per hectare on an individual lot
provided the maximum Floor Space Ratio of 1.0 is not exceeded. Development within this
designation shall be permitted to have access from King Street West.
4.4.6
Medium Density Commercial Residential
The "Medium Density Commercial Residential" designation allows for medium density development of
offices, institutional, and multiple residential uses.
Residential
uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, multiple dwellings, lodging houses, home businesses, private home day care
and small and large residential care facilities. Commercial uses are restricted to offices,
office support services, health offices, health clinics, club facilities, day care facilities,
funeral homes, financial establishments, religious institutions, educational establishments,
medical laboratories, studios, tourist homes, a limited amount of personal services and
small convenience retail. Land uses may be segregated in separate buildings or
integrated in a mixed use development. Personal services and convenience retail must
be internal to a large residential, office or mixed use building.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 726 - DECEMBER 13, 1993
12.(Cont'd)
Residential development will be restricted to a maximum of 200 units per hectare on an individual lot.
The maximum Floor Space Ratio shall be 2.0, that is, the above grade building floor area
may not exceed 2.0 times the lot area. Multiple dwellings may be permitted to exceed 200
units per hectare on an individual lot provided the maximum Floor Space Ratio of 2.0 is
not exceeded.
4.4.7
Hi,qh Density Commercial Residential
The "High Density Commercial Residential" designation allows for high density development for office,
multiple residential, institutional and limited commercial uses.
Permitted land
uses include multiple dwellings which may exceed 200 units per hectare, lodging houses,
small and large residential care facilities, private home day care, and home businesses.
Commercial uses are restricted to offices, office support services, health offices, health
clinics, club facilities, religious institutions, medical laboratories, funeral homes, financial
establishments, educational establishments, day care facilities, studios, tourist homes, a
limited amount of personal services, and small convenience retail uses. Land uses may
be segregated in separate buildings or integrated into a mixed use development.
Personal Services and small convenience retail uses must be internal to a large
residential, office or mixed commercial residential development.
The maximum Floor Space Ratio shall be 4.0, that is, the above grade building floor area shall not exceed
4.0 times the lot area.
4.4.8
Nei.qhbourhood Institutional
The Neighbourhood Institutional designation makes provision for and recognizes the existence of small,
neighbourhood-oriented institutions such as schools, churches, and community services.
Uses permitted within the Neighbourhood Institutional designation are restricted to single detached
dwellings, duplex dwellings, and semi-detached dwellings, home businesses, private
home day care, educational establishments, religious institutions and small residential
care facilities.
In addition, day care facilities are a permitted use provided, if not located on a major road, that they are
located within an educational establishment or a religious institution.
4.4.9
Community Institutional
The Community Institutional category makes provision for, and recognizes the existence of, community
institutional uses such as elementary schools, churches and community services. It also
makes provision for a range of quasi-institutional and residential uses which are
complementary to the community institutional uses and/or represent viable
redevelopment options for affected sites in terms of the use of existing facilities and
effects on the surrounding community.
Uses permitted within the Community Institutional category are restricted to single detached dwellings,
duplex dwellings, semi-detached dwellings, multiple dwellings, educational
establishments, religious institutions, small and large residential care facilities, health
offices, health clinics, veterinary services, social service establishments, artisans
establishments, day care facilities, private home day care and home businesses.
Convenience retail, financial establishment and personal service uses shall be permitted provided that
they are located within a building used for a health clinic, multiple dwelling or large
residential care facility.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 727 - DECEMBER 13, 1993
12.(Cont'd)
Lands designated Community Institutional shall have located along Primary or Secondary Arterial or
Collector Roads as identified on Map 3 of this Plan.
The maximum Floor Space Ratio shall be 1.0, that is the above grade building floor area of any
development shall not exceed 1.0 times the lot area. The residential component of any
development may exceed 100 units per hectare provided the maximum Floor Space Ratio
of 1.0 is not exceeded.
Existing and planned school sites which are designated and/or zoned Community Institutional shall be
affected by a Holding Provision which will be applied by means of the implementing
zoning by-law.
The Holding Provision shall be applied to all such sites and be applied to the following uses: a health
office, a health clinic; a veterinary service, a multiple dwelling, a social service
establishment, or a large residential care facility. Removal of the Holding Provision shall
be conditional upon the requirement that the City Clerk is in receipt of a letter from the
Ministry of Education giving final approval to the school closing and upon the approval of
a site plan by City Council which addresses the relationship of the proposed development
to the immediately surrounding properties in terms of such matters as siting of buildings,
buffering, screening, pedestrian and vehicular access, outdoor lighting and site grading.
The application of the Community Institutional category to existing elementary school sites in no way
guarantees that such sites will continue to be used for such purposes. Rather, the
category identifies uses which, at the time of the approval of the secondary plan, are felt
to be appropriate for such sites. The decision to retain, expand or close existing
elementary school sites is the responsibility of the local school boards, not the City of
Kitchener.
4.4.9
Major Institutional
Permitted uses within the "Major Institutional" land use category shall be restricted to hospitals, health
offices, health clinics, medical laboratories, small and large residential care facilities,
educational establishments, religious institutions, museums, day care facilities, community
centres, studios, sports and/or recreation facilities, veterinary services, and social service
establishments.
Convenience retail, financial establishment and personal services uses shall be permitted provided that
they are located within a building used for a health clinic, multiple dwelling or large
residential care facility.
Multiple residential uses developed in association with permitted institutional uses may be permitted to a
maximum net residential density of 200 units per hectare.
Commercial uses developed in conjunction with, and intended to directly serve permitted institutional
uses, may be 3ermitted.
4.4.10 Open Space
The Open Space category is intended to reserve land for a variety of reasons such as for preservation of
natural features, outdoor recreation, lands considered undevelopable for reasons of
flooding or instability, and land parcels made available through public works, water
courses and railway rights-of-way.
Uses include major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums,
mausoleums, outdoor recreation and golf courses.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
12.(Cont'd)
COUNCIL MINUTES - 728 - DECEMBER 13, 1993
4.4.11
General Industrial
The "General Industrial" designation is generally applicable to older, inner city industrial areas where
there exists a broad range of manufacturing and industrial business uses. Certain
noxious uses are prohibited to prevent incompatibility with surrounding development.
In addition to
manufacturing, General Industrial provides for automobile service stations; industrial
businesses; repair service; those uses related to the sale, rental, service, storage or repair
of motor vehicles or major equipment; technical/scientific businesses; transportation
depots; truck transport terminals and warehouse. Industrial businesses are characterized
by those industrial operations with a commercial component which require large areas for
the storage of goods, such as building material and decorating supply sales, or industrial
office supply or industrial service. With the exception of accessory offices and offices of
firms involved in surveying, engineering, planning or design, office use is restricted to a
small percentage of the total floor area of a building used primarily for industrial purposes.
Prohibited uses shall include, but are not limited to beverage distillation; vulcanizing of
rubber; manufacturing of asbestos, phosphate or sulphur products; primary production of
chemicals, rubber, plastic, asphalt, or cement; processing of refining of petroleum or coal,
slaughtering, eviscerating, rendering or cleaning of meat, poultry or fish or by-products
thereof; processing, milling or packaging of animal feed; salvage, recycling, or scrap
yards; smelting, refining, rolling, forging or extruding of ore or metal; stamping or punch-
pressing of metal; tanning or chemical processing of pelts or leather.
4.5SPECIAL POLICIES
4.5.1 Notwithstanding the Low Density Conservation land use designation, lands located on the east side
of Pine Street south of Herbert Street may be used as a parking facility for the medical
clinic located on the southwest corner of Pine Street and Mary Street.
4.5.2 Notwithstanding the Low Density Conservation land use category, the lands owned by the Waterloo
County Board of Education in the block bounded by Walter, Agnes, Gruhn and Glasgow
Streets, may be used as a parking facility for King Edward Public School.
4.5.3 Notwithstanding the Low Rise Multiple Residential land use designation on the properties on the
north side of Walter Street between King Edward School and Glasgow Street, the two
existing commercial driveways and parking on the westerly half of Lot 91, Registered Plan
377 shall be permitted. No new commercial driveways shall be permitted to cross the
residentially designated land to provide access or egress to the commercially designated
lands to the rear. The long term objective of this Plan is to achieve an interconnected
parking facility between King Street West and the residential properties on Walter Street
with ingress and egress eventually restricted to one point at the westerly limit of the Low
Rise Multiple Residential designation.
4.5.4 Notwithstanding the High Density Multiple Residential land use designation, health clinics shall be
permitted.
4.5.5Notwithstanding the Medium Density Commercial Residential land use designation, a
neighbourhood shopping centre shall be permitted on the north side of King Street West.
The shopping centre shall be limited to an area on both sides of and including Linwood
Avenue extending north to a boundary formed by the rear lot lines of the residential
development fronting onto Braun Street, and the south side of the westerly projection of
Braun Street. The purpose of this policy is to recognize the existing supermarket at the
northeast corner of Linwood Avenue and King Street West, and to permit its expansion
as a neighbourhood shopping centre. The
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
12.(Cont'd)
maximum Floor Space Ratio shall be 2.5 for a mixed use development, that is the above grade building
floor area shall not exceed 2.5 times the lot area.
COUNCIL MINUTES - 729 - DECEMBER 13, 1993
4.5.6 Notwithstanding the Medium Density Commercial Residential land use designation, a restaurant at
667 King Street West shall be permitted.
4.5.7 Notwithstanding the Medium Density Commercial Residential land use designation on the north
side of King Street West between Breithaupt Street and Shanley Street, additional
permitted uses shall include restaurants and small convenience retail uses.
4.5.8 Notwithstanding the Medium Density Commercial Residential land use designation, at 624 King
Street West, a motor vehicle repair garage shall also be permitted.
4.5.9 Notwithstanding the Neighbourhood Institutional land use designation, the Separate School Board
Offices which are a major institutional use serving the entire Region shall be recognized
as a permitted use.
4.5.10
Notwithstanding the Medium Density Commercial Residential designation, redevelopment
to commercial uses on Shanley, Louisa and Wellington Streets (municipal addressed as
11, 15 Shanley Street; 8, 12, 15, 17, 23 Louisa Street; and 12, 19 Wellington Street)will
be accomplished by a holding zone category being applied to such properties in the
Zoning By-law. The holding provision of the zoning shall be removed so as to allow
redevelopment to proceed when the following criteria have been met:
1)consolidation or assembly of the property with property having legal frontage and access to King Street
West;
COUNCIL MINUTES - 730 - DECEMBER 13, 1993
2)a site plan setting out the access and buffering requirements of this policy and any additional matters
required pursuant to Section 40 of The Planning Act has been approved.
Property located at 12 Wellington Street shall be exempt from provisions (1) and (2) above.
4.5.11
Notwithstanding the Community Institutional land use designation, in the case of the
properties located on the south side of Park Street between the City of Waterloo boundary
and Mount Hope Street, all approved site plans shall require that access be obtained from
Park Street, with no driveway access onto York Street.
4.5.12
Notwithstanding the Community Institutional land use designation, medical laboratories
shall be a permitted use on all lands located on the south side of Park Street between the
City of Waterloo boundary and the property located at the southwest intersection of
Strange and Elm Streets.
4.5.13
Notwithstanding the Community Institutional land use designation, on 4, 6, and 10 Gildner
Street, development for all uses except single detached dwellings, semi-detached
dwelling, and duplex dwellings shall required consolidation or assembly of the subject
properties with property having legal frontage and access to Park Street.
4.5.14
Notwithstanding the Medium Density Commercial Residential land use designation, on
617 - 621 King Street West convenience retail may be freestanding.
4.5.15
Notwithstanding the Medium Density Commercial Residential land use designation on
723 - 765 King Street West, personal services, day care facilities and office support
services may be located within existing buildings.
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
731 -
DECEMBER 13, 1993
DECEMBER 13, 1993
12.(Cont'd)
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provision of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment.
In the event that an undertaking subject to The Environmental Assessment Act is to be carried out in
connection with the K-W Hospital Neighbourhood, the necessary approval shall be obtained from
the Environmental Assessment Act prior to proceeding with the undertaking.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
13.That City Council approve Official Plan Amendment 92/23 (Victoria Street Secondary Plan - Stage 6
Amendment) as outlined:
SECTION 4 - THE AMENDMENT
That the Victoria Street Secondary Plan as approved by the Regional Municipality of Waterloo on
November 26, 1992 be rescinded and the following be adopted immediately subsequent therefore:
4.1 INTRODUCTION
The Victoria Street Secondary Plan Area is located to the south-west of Victoria Park, containing a
mixture of industrial, office/commercial, and residential uses. More specifically, the study
area is bounded by Victoria Street South, West Avenue, the rear of the of
Kitchener-Wilmot Hydro property, Patricia Avenue, Cherry Street, Westmount Greenway,
the westerly property lines of those lots described as 19 and 20 Strange Street, the rear of
properties fronting Strange Street, the rear of properties fronting Victoria Street, Walnut
Street, the rear of properties fronting Cherry Street and Park Street. A detailed planning
process was carried out for the Victoria Street neighbourhood in the late 1980's which
culminated in the adoption of a Secondary Plan for the area. The Secondary Plan seeks
to redesignate and refine the existing Official Plan land use designations have regard for
the local planning issues for the neighbourhood. In addition to changes in the land use
scheme, the Plan also reclassifies the hierarchy of roads in the neighbourhood to more
accurately reflect their use, function, and design.
4.2GENERAL POLICIES
4.2.1 Approval under Section 41 of the Planning Act shall be required for any building or conversion
which constitutes development under the Act. It is intended that development should be
of a siting and design which will be compatible with the existing development and
particularly the single detached dwellings in the interior of the neighbourhood.
4.2.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property Stan-
dards By-law.
4.2.3 The severance of rear and flanking property assemblies for integrated redevelopment schemes will
be permitted provided that the remnant or remaining parcel continues to be in conformity
with the policies of the Plan and the implementing Zoning By-law.
4.2.4 Sections I through IV and Section VI of the Official Plan of the City of Kitchener shall continue to
apply to the Victoria Street Study Area except where specifically cited within the text of
this Amendment.
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
732 -
DECEMBER 13, 1993
DECEMBER 13, 1993
13.(Cont'd)
4.2.5 Schedule "A" entitled "Plan for Land Use" and Schedule "B" entitled "Floodplain and Environmental
Areas" both attached shall form part of the Victoria Street Secondary Plan.
4.2.6 All
new residential development and institutional development having a residential component
adjacent to a rail line shall be required to maintain a minimum setback from the property
line of said railway and provide a berm as required by the implementing Zoning By-law.
4.3TRANSPORTATION POLICIES
4.3.1 Suitable measures based on the Ministry of the Environment and Energy standards for the
mitigation of noise will be provided to the satisfaction of the Region, CP and CN Rail
where applicable for new residential development and places of assemble abutting
railway rights-of-way.
4.4FLOOD PLAIN POLICIES
4.4.1 The flood plain of the potions of Schneider Creek within the Victoria Street neighbourhood is
designated as a Two-Zone Flood Plain Policy Area by the City of Kitchener and the Grand
River Conservation Authority. For detailed flood plain planning policies, reference shall
be had to Section IV. 12 of the Official Plan, "Flood Plain Policies".
4.4.2 Underground parking facilities will be permitted within the flood fringe in the Low Density Multiple
Residential and Medium Density Multiple Residential land use designations provided that
such underground parking facility is floodproofed to the Regulatory Flood elevation and
safe access is maintained during times of severe flooding.
4.5LAND USE DESIGNATIONS
4.5.1 Low Density Conservation
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
and multiple dwellings to a maximum of three units, lodging houses, small residential care
facilities, home businesses and private home day care.
4.5.2 Low Rise Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, lodging houses, small residential care facilities, home businesses, and
private home day care. Opportunities for residential redevelopment are provided to a
maximum density of 40 units per hectare. The maximum Floor Space Ratio shall be 0.6,
that is, the above grade building floor area shall not exceed 0.6 times the lot area.
Multiple dwellings may be permitted to exceed 40 unit per hectare on an individual site
provided the Floor Space Ratio of 0.6 is not exceeded.
4.5.3 Low Density Multiple Residential
Permitted uses are restricted to single detached dwellings, duplex dwellings, semi-detached dwellings,
multiple dwellings, small and large residential care facilities, lodging houses, home
businesses, and private home day care. Opportunities for residential development are
provided to a maximum density of 100 units per hectare. The Maximum Floor Space
Ratio shall be 1.0, that is, the above grade building floor area shall not exceed 1.0 times
the lot area. Multiple dwellings may be permitted to exceed 100 units per hectare on an
individual site provided the Floor Space Ratio of 1.0 is not exceeded. The maximum
building height shall 13.5 metres.
PLANNING AND ECONOMIC DECEMBER 13, 1993
COUNCIL MINUTES
DEVELOPMENT COMMITTEE
- 733 -
DECEMBER 13, 1993
13.(Cont'd)
4.5.4 Medium Density Multiple Residential
The permitted
uses are restricted to existing single detached and semi-detached dwellings, duplex
dwellings, multiple dwellings, lodging houses, small and large residential care facilities,
private home day care, and home businesses. Day Care Facilities are permitted provided
they are located on the same lot as a large multiple dwelling. Opportunities for
development are provided to a maximum density of 200 units per hectare. The Maximum
Floor Space Ratio shall be 2.0, that is, the above grade building floor area of any develop-
ment shall not exceed 2.0 times the lot area. Multiple dwellings may be permitted to
exceed 200 units per hectare on an individual site provided the Floor Space Ratio of 2.0 is
not exceeded.
4.5.5 Low Density Commercial Residential
Permitted residential uses are restricted to single detached dwellings, duplex dwellings, semi-detached
dwellings, multiple dwellings, lodging houses, home businesses, private home day care,
and small and large residential care facilities. Commercial uses are restricted to offices,
office support services, health offices, health clinics, medical laboratories, religious
institutions, educational establishments, club facilities, funeral homes, financial
establishments, day care facilities, studios, tourist homes, a limited amount of personal
services and small convenience retail. Land uses may be segregated in separate
buildings or integrated in mixed use developments. Personal services and convenience
retail must be internal to a large residential, office or mixed use building.
Residential development will be restricted to a density of 100 units per hectare on an individual lot. The
Maximum Floor Space Ratio shall be 1.0, that is, the above grade building floor of any
development shall not exceed 1.0 times the lot area. Multiple dwellings may be permitted
to exceed 100 units per hectare on an individual site provided the Floor Space Ratio of
1.0 is not exceeded.
4.5.6 Open Space
The Open Space designation is intended to reserve land for a variety of reasons such as for agriculture,
preservation of natural features, outdoor recreation, lands considered undevelopable for
reasons of flooding or instability, G.R.C.A. lands, and land parcels made available through
public works, water courses and railway right-of-ways. Uses include major community
scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums,
outdoor recreation and golf courses.
In addition to hazard lands described above, the Open Space designation shall apply to those lands
located within the floodway portion of the flood plain in areas identified as being Two-
Zone Policy Areas on Map 2, "Flood Plain and Environmental Areas". In Open Space
areas also designated as Two-Zone Policy Areas, the intent of the Open Space
designation is to recognize the danger associated with the floodway portion of the flood
plain through prohibition of new urban development while recognizing the presence of
existing urban development in the floodway. Existing development will be zoned to permit
all legally existing uses and will be subject to the "Fill, Construction and Alteration to
Waterways" regulation administered by the Grand River Conservation Authority.
Alternative uses may be permitted provided that the subsequent use is compatible with
surrounding land use designations, no new dwelling units are created, the use presents
less of a risk to life and property in the event of flooding, the new use is not specifically
prohibited by Policy IV. 12.iii), and approval is received from the Grand River Conservation
Authority.
4.5.7 Major Institutional
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 734 - DECEMBER 13, 1993
13.(Cont'd)
Permitted uses within the Major Institutional land use category shall be restricted to hospitals, health
office, health clinic, medical laboratories, small and large residential care facilities,
educational establishments, religious institutions, museums, day care facilities, community
centres, studios, sports and/or recreation facilities, veterinary services, and social service
establishments.
Convenience retail, financial establishment and personal service uses shall also be permitted provided
they are located within a building used for a health clinic, multiple dwelling, or large
residential care facility.
Multiple residential uses developed in association with permitted institutional uses may be permitted to a
maximum net residential density of 200 unity per hectare.
Commercial uses developed in conjunction with, and intended to directly serve permitted institutional
uses, may be permitted.
4.5.8 Convenience Commercial
The Convenience Commercial designation shall provide locations for retail outlets serving the day-to-day,
non-comparison shopping needs of the neighbourhood.
Permitted uses shall include small convenience retail, dwelling unit, financial establishment, gas bar,
health office, personal services and restaurant. Health offices and restaurants shall only
be permitted in plazas in combination with other permitted commercial uses.
4.6SPECIAL POLICIES
4.6.1 Notwithstanding the Major Institutional land use designation which applies to the lands located on
the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River
Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative
offices of the Hydro Electric Commission of Kitchener-Wilmot located at 301 Victoria
Street South and the associated warehousing and outdoor storage uses shall be
permitted uses.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
14.That City Council approve Official Plan Amendment 93/4 (Civic Centre Neighbourhood Secondary
Plan - 5 Year Review) as outlined:
SECTION 4 - THE AMENDMENT
That the Civic Centre Secondary Plan as adopted by Kitchener City Council on September 2, 1980 and
subsequently approved by the Ontario Municipal Board on November 3, 1983, be replaced with the
following:
4.1GENERAL POLICIES
COUNCIL MINUTES
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
735 -
DECEMBER 13, 1993
DECEMBER 13, 1993
14.(Cont'd)
4.1.1 Approval under Section 41 of the Planninq Act, (1990) shall be required for any development which
includes redevelopment or conversions considered development under the Planning Act.
It is intended that development should be of a siting and design which will be compatible
with the existing development and particularly the single detached dwellings in the interior
of the neighbourhood.
4.1.2 The policies of this Plan will be implemented through application of the comprehensive Zoning By-
law. Maintenance of existing structures will be encouraged through the Property
Standards By-law.
4.2.3 Sections I through IV and Section VI of the Official Plan of the City of Kitchener continue to apply to
the Civic Centre Neighbourhood except where specifically cited within the text of this
Amendment.
4.1.4 Map 1, entitled Schedule "A" attached shall form part of the Civic Centre Secondary Plan.
4.1.5 Settlement Policy Area "B" of the Regional Official Policies Plan as it applies to the Civic Centre
Neighbourhood constitutes the area of the neighbourhood which has been designated
High Density Commercial Residential as shown on Schedule "A".
4.1.6 It is recognized that, in some instances, the land use designations shown on Schedule "A" are not
coincident with rear property lines. The severance of rear and flanking property
assemblies for integrated redevelopment schemes will be permitted provided that the
remnant or remaining parcel continues to be in conformity with the policies of the Plan and
the implementing Zoning By-law.
4.1.7 Any redevelopment will take into account the limited amount of park space available within the Civic
Centre Neighbourhood. All redevelopment proposals will be evaluated to determine their
ability to provide parkland dedication or cash payment for park purposes under the
provisions of the Plannin.q Act, (1990). The possibility of using monies from the Park Trust
Fund for the purchase and development of properties for park purposes may be explored
in co-operation with the Civic Centre Neighbourhood Association.
4.2TRANSPORTATION POLICIES
4.2.1 Map 1,
"Plan for Land Use", Map 2, "Floodplain and Environmental Areas", Map 3, "Primary
Aggregate Resource Areas", and Map 4, "Community Improvement Area" are amended to
show the classification of roads within the Civic Centre Neighbourhood as designated on
Schedule "A" of this Amendment.
4.3LAND USE DESIGNATIONS
4.3.1 Low Density Residential - Preservation
The "Low Density Residential - Preservation" designation has been applied to areas where it is the aim of
the Plan to retain the existing single detached residential character of the Neighbourhood.
Existing houses and streetscapes are to be preserved wherever possible.
Permitted residential uses are restricted to single detached dwellings and the conversion of those
structures which existed as of the date of the adoption of this Plan to duplexes or multiple
dwellings to a maximum of 3 units. Residential conversions will be permitted only where
there is sufficient floor area for the conversion, where the site is capable of providing
adequate off-street parking in accordance with by-law requirements, and where no
structural alterations are required to the exterior of the
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
COUNCIL MINUTES - 736 - DECEMBER 13, 1993
14.(Cont'd)
building.
Any exterior stairs or fire escapes are to be enclosed, and kept away from the facade of the
structure. Minor exterior alterations and additions to single detached dwellings shall be
permitted provided such alterations are not within any front or side yard.
Nursing homes existing as of September 2, 1980 and parks are permitted. Home businesses, private
home day care and small residential care facilities are also permitted uses within an
existing structure.
4.3.2 Low Rise Multiple Residential
The aim of the "Low Rise Multiple Residential" designation is to preserve the Iow density, Iow profile
residential nature of the area, while allowing for some integrated redevelopment to take
place. Opportunities for an integrated redevelopment are provided to a maximum of 40
units per hectare. Permitted uses are restricted to single detached dwellings, duplex
dwellings, semi-detached dwellings, multiple dwellings, lodging houses, small residential
care facilities, home businesses, and private home day care. The maximum Floor Space
Ratio shall be 0.6, meaning the above grade building floor area shall not exceed 0.6 times
the lot area. Multiple dwellings may be permitted to exceed 40 units per hectare on an
individual lot provided the floor space ratio of 0.6 is not exceeded.
4.3.3 Low Density Multiple Residential
The aim of the
"Low Density Multiple Residential" designation is to maintain the overall Iow density, Iow
rise residential character of the neighbourhood while allowing for some integrated
redevelopment of the area. Opportunities for redevelopment are provided up to a
maximum density of 100 units per hectare. Permitted uses are limited to single detached
dwellings, duplex dwellings, semi-detached dwellings, multiple dwellings, lodging houses,
small and large residential care facilities, home businesses and private home day care.
Conversions or redevelopment will be dependent upon the aesthetic provision of off-street
parking in accordance with the provisions of the Zoning By-law. The maximum Floor
Space Ratio shall be 1.0, meaning the above grade building floor area shall not exceed
1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units per
hectare on an individual lot provided the floor space ratio of 1.0 is not exceeded.
Any redevelopment on Mansion Street should be of a height, siting and design which will prevent it from
encroaching on single detached dwellings located on Queen Street North. All access to
such redevelopment must be provided via Mansion Street, with no provision for access or
demolition of structures in conjunction with this redevelopment on Queen Street North
between the existing high rise apartment and Lancaster Street.
4.3.4 Medium Density Multiple Residential
The aim of the
"Medium Density Multiple Residential" designation is to permit some integrated, medium
density redevelopment on Margaret Avenue and Queen Street North while maintaining
the overall residential character of the neighbourhood. Opportunities for redevelopment
are provided up to a maximum density of 200 units per hectare. Permitted uses are
restricted to existing single detached dwellings, duplex dwellings, semi-detached
dwellings, multiple dwellings, lodging houses, day care facilities provided they are part of
large multiple dwelling, small and large residential care facilities, private home day care,
and home businesses. The maximum Floor Space Ratio shall be 2.0, meaning the above
grade building floor area shall not exceed 2.0 times the lot area. Multiple dwellings may
be permitted to exceed 200 units per hectare on an individual lot provided the floor space
ratio of 2.0 is not exceeded.
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
COUNCIL MINUTES - 737 - DECEMBER 13, 1993
Conversions will be permitted only where there are no major structural alterations required to the exterior
of the building. The provision of underground parking will be encouraged in any
redevelopment scheme, and will be a requirement of apartment redevelopment.
Redevelopment close to, or at, the upper permitted maximum density shall provide the
majority, if not all of the required parking underground except for required visitor surface
parking.
With respect to the Medium Density Multiple Residential designation applied to the north side of Margaret
Avenue, redevelopment should be of a height, siting and design which will prevent it from
encroaching on lower density dwellings located on Ellen and Ahrens Streets.
4.3.5 Hi.qh Density Multiple Residential
The aim of the "High Density Multiple Residential" designation is to recognize the existing high rise
apartment buildings located at 119 College Street, 11 Margaret Avenue, 100 Queen
Street North, and 175 Queen Street North, all which have been constructed in excess of
200 units per hectare.
Permitted uses are restricted to multiple dwellings in excess of 200 units per hectare, home businesses,
private home day care, lodging houses, parks, and large and small residential care
facilities. Day care facilities are permitted provided they are on the same lot as a large
multiple dwelling. The maximum floor space ratio shall be 4.0, meaning the above grade
gross floor area shall not exceed 4.0 times the lot area.
4.3.6 Office-Residential Conversion
The "Office-Residential Conversion" designation applies to certain properties fronting onto the south side
of Roy Street (with the exception of 41 and 51 Roy Street), the south side of Ahrens
Street, and portions of Young and College Streets north of the westerly projection of Roy
Street, as shown on Schedule "A". The aim of this designation is both to preserve the
existing structures in these areas and to serve as a transition area between the higher
intensity uses along Weber Street and Queen Street and the "Low Density Residential -
Preservation" designation of the interior of the neighbourhood.
Permitted uses are restricted to single detached dwellings, and the conversion of existing buildings to
multiple dwellings up to a maximum of three units and professional offices including health
offices, home occupations, private home day care, and small residential care facilities.
Residential and office uses may be permitted to locate within the same building.
Conversions will be permitted only where no major structural alterations are required to
the exterior of the building.
4.3.7 Medium Density Commercial Residential
The "Medium Density Commercial Residential" designation applies to properties fronting onto Victoria
Street North between Ahrens Street and Ellen Street West, as well as to certain properties
fronting onto Queen Street North between Weber Street and Margaret Avenue. The aim
of this designation is both to provide a buffer between the "Low Density Residential -
Preservation" designation which applies to the interior of the neighbourhood and Victoria
Street North, Queen Street North and MacKenzie King Square, and to provide commercial
and residential redevelopment up to a maximum density of 200 units per hectare.
Residential uses are restricted to existing single detached dwellings, duplex dwellings, semi-detached
dwellings, multiple dwellings, lodging houses, small and large residential care facilities,
home businesses and private home day care. Commercial uses are restricted to office,
office support services, day care facilities, tourist homes, health offices, health clinics,
club
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
facilities, funeral homes, financial establishments, educational establishments,
medical laboratories, studios and a limited amount of personal
religious institutions,
services and small
COUNCIL MINUTES - 738 - DECEMBER 13, 1993
convenience retail. Commercial and residential uses may be within separate buildings or
may mix within the same building. Personal services and small convenience retail are
permitted provided they are internal to a large residential, office or mixed use building.
Restaurants are not a permitted use.
The maximum floor space ratio shall be 2.0, meaning the above grade building floor area shall not exceed
2.0 times the lot area. Multiple dwellings may be permitted to exceed 200 units per
hectare on an individual lot provided the floor space ratio of 2.0 in not exceeded.
Conversion to
office or commercial uses or redevelopment within this designation shall front onto and
obtain access from Victoria Street North or Queen Street North only. Any redevelopment
should be of a height, siting and design which will prevent it from encroaching on lower
density dwellings located on Ellen and Ahrens Streets.
4.3.8 Hi.qh Density Commercial Residential
The "High Density Commercial Residential designation applies to properties fronting onto Weber Street
between Victoria Street North and the St. Andrews Presbyterian Church, Water Street,
Victoria Street North south of Ahrens Street, certain properties on the south side of Roy
Street, and to certain properties on Young and College Streets south of the westerly
projection of Roy Street, all as shown on Schedule "A". The aim of this designation is to
recognize the proximity of the Civic Centre Neighbourhood to the higher intensity land
uses of the Downtown, and the location of the properties on Primary Roads. This area
also defines the boundary of Settlement Policy Area "B" contained in the Regional Official
Policies Plan, which provides for higher intensity uses adjacent to the Downtown.
Permitted land
uses include multiple dwellings which may exceed a density of 200 units per hectare,
private home day care, lodging houses, small and large residential care facilities, and
home businesses. Commercial uses are restricted to offices, office support services,
health offices, health clinics, club facilities, day care facilities, religious institutions,
medical laboratories, funeral homes, financial establishments, educational
establishments, tourist homes, studios, parks, a limited amount of personal services and
small convenience retail. Commercial and residential uses may be within separate
buildings or may mix within the same building. Personal services and small convenience
retail uses must be internal to a large residential, office or mixed use development. The
maximum floor space ratio shall be 4.0, meaning the above grade building floor area shall
not exceed 4.0 times the lot area.
Redevelopment within this designation must obtain access from Weber Street, Victoria Street or Water
Streets only an the provision of underground parking is encouraged in all redevelopment
proposals.
4.3.9 Service Commercial
The "Service Commercial" designation applies to properties fronting onto Victoria Street North between
Ellen Street West and Hermie Place, and portions of Ellen Street West and St. Leger
Street. The intent of the Service Commercial land use designation is to provide for a
broad range of commercial and industrial business uses, each of which has the following
basic characteristics:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
a)they provide a specialized product or service to persons coming specifically to the premises to do
business and, therefore, should not be required to locate in the City's pedestrian
oriented retail shopping areas such as the Downtown and Regional, Community or
Neighbourhood Shopping Centres;
COUNCIL MINUTES - 739 - DECEMBER 13, 1993
b)
they rely on business from and exposure to the travelling public, require a location
readily accessible to a well-populated market area and, therefore, should be located
on a Primary or Secondary Arterial Road, provided suitable access is available in
keeping with Regional Policy and Procedures for Access onto Regional Roads, and
should not generally be required to locate within an industrial area; and
c)
their physical requirements in terms of size and shape of site or building, their
Iocational requirements, and nature of operation are such that they are not generally
suitable, economically viable, nor compatible for incorporation into a shopping
centre.
Possible uses within this designation include a wide range of commercial and light industrial uses.
Permitted commercial uses may include, but are not limited to, restaurants, animal
hospitals; pet and pet supply sales in conjunction with an animal hospital; funeral homes;
sales, rental, service, storage and repair of Business machines; beverage sales outlets;
commercial recreation; furniture or appliances sales outlets; personal services; financial
establishments; and trade schools.
Service Commercial areas are, however, not intended to provide locations for those retail and office uses
normally found in the Downtown, Restricted Commercial-Residential areas, or Regional,
Community or Neighbourhood Shopping Centres. As a general policy, it is the intent that
Service Commercial areas should not compete directly with Regional, Community or
Neighbourhood Shopping Centres. Hotels, motels, and such retail uses as convenience
commercial, department stores, supermarkets, catalogue distributing outlets serving the
ultimate consumer, or other retail stores normally found within the City's shopping centres
are not permitted uses within this designation. Commercial entertainment shall only be
permitted where it is an accessory use within a restaurant.
Office uses shall only be permitted in the Service Commercial category where they are accessory to a
Service Commercial land use, or are contained within a building used primarily for service
commercial purposes. Businesses such as surveying, planning, engineering or design,
as well as health offices and health clinics may locate in freestanding buildings.
The industrial business uses permitted within the Service Commercial designation are restricted to those
firms which do not engage in on-site manufacturing or processing. Craftsman shops used
for the creation, finishing, refinishing or similar production of custom or handmade
commodities are, however, permitted. Other industrial businesses permitted would
include such uses as building material and decorating supply outlets; tool or industrial
equipment sales, rental, storage and service establishments; repair services; and, printing
and engraving establishments.
Permitted
complimentary uses may include municipal services and utilities and non-residential
institutional uses such as educational establishments, religious institutions, and club,
lodge or union hall.
In order to create a higher order transition zone into the Downtown and to respect the adjacent "Low
Density Residential - Preservation" designation, commercial and light industrial uses of a
high visual quality are encouraged in this area. Uses which are obnoxious due to visual
appearance, the emission of noise, odour, vibration, etc., will not be permitted.
Accordingly, new
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
development of the following uses is prohibited: automobile service station; car wash; sale, rental,
service, storage or repair of motor vehicles and major recreational equipment; parts and
accessories to motor vehicles and major recreational equipment; tradesman or
contractor's establishment; and, warehousing and wholesaling. However, any such
existing uses shall be permitted to redevelop or expand subject to site plan control.
All permitted uses within this designation shall be located entirely within an enclosed building or structure
and no outdoor storage shall be permitted.
COUNCIL MINUTES - 740 - DECEMBER 13, 1993
All access to Service Commercial properties shall be from Victoria Street North only with no access
permitted to Hermie Place.
4.3.10
Community Institutional
The Community Institutional designation has been applied to St. Andrews Presbyterian Church located at
54 Queen Street North and the Church of the Good Shepherd, located at 116 Queen
Street North.
The Community Institutional category makes provision for, and recognizes the existence of, community
institutional uses such as elementary schools, churches and community services. It also
makes provision for a range of quasi-institutional and residential uses which are
complimentary to the community institutional uses and/or represent viable redevelopment
options for affected sites in terms of the use of existing facilities and effects on the
surrounding community. Lands designated Community Institutional shall be located along
Primary or Secondary Arterial or Collector Roads as identified on Schedule "A".
Uses permitted within the Community Institutional category are restricted to single detached, duplex and
semi-detached dwellings, multiple dwellings, educational establishments, religious
institutions, small and large residential care facilities, health offices, health clinics,
veterinary services, social service establishments, artisans establishments, day care
facilities, private home day care, park, and home occupations.
Convenience retail, financial establishment and personal service uses shall be permitted provided that
they are located within a building used for a health clinic, multiple dwelling or large
residential care facility.
The residential component of any development shall not exceed 100 units per hectare. The maximum
floor space ratio shall be 1.0, meaning the above grade building floor area shall not
exceed 1.0 times the lot area. Multiple dwellings may be permitted to exceed 100 units
per hectare on an individual lot provided the floor space ratio of 1.0 is not exceeded.
4.3.11
Nei.qhbourhood Park
The Neighbourhood Park designation has been applied to Hibner Park. The intent of the Neighbourhood
Park designation is to preserve parkland at the neighbourhood scale, and to allow for
passive and active open spaces and a variety of recreational activities.
4.4 SPECIAL POLICIES
4.4.1 Notwithstanding the "High Density Commercial Residential" designation applied to the Zion United
Church properties located at 41 and 51 Roy Street, redevelopment of those properties will
only be permitted as part of a comprehensive redevelopment scheme for the main church
property located at 32 Weber Street West. No vehicular access to Roy Street will be
permitted. In order to maintain the existing Iow rise streetscape of Roy Street,
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
redevelopment of the property at 32 Weber Street West and the properties at 41 and 51 Roy Street will
be restricted to a maximum height of three storeys (10.5 metres) to a depth of 30 metres
from the Roy Street streetline. The floor space ratio of 4.0 shall continue to apply.
A holding provision shall apply to the properties located at 32 Weber Street West and 41 and 51 Roy
Street withholding redevelopment until such time a 0.3 metre reserve separating the lands
from any streetline other than Weber Street West has been conveyed to the City and a
site plan has been approved, including any buffering measures, by the City's
Commissioner of Planning and Development.
4.4.2 Notwithstanding the "High Density Commercial Residential" designation on the properties located at
COUNCIL MINUTES - 741 - DECEMBER 13, 1993
102, 106, 107 and 109 Young Street, 94, 95, 98, 99, 102, 103 and 109 College Street,
and 95-97 Ahrens Street, redevelopment of those properties will be accomplished by a
holding zoning category being applied to such properties in the Zoning By-law. The
holding provision shall be removed so as to allow redevelopment to proceed only when
the following criteria have been met:
1)
consolidation or assembly of the property with property having legal frontage and
access to Weber Street, Water Street or Victoria Street;
2)
all access to be from Weber Street or Water Street only, with no vehicle access to
College and Young Streets to be ensured by the conveyance of a 0.3 metre reserve
along College, Young or Ahrens Streets;
3)
such redevelopment including any surface parking, being buffered from the
properties located College and Young Streets in the "Office-Residential Conversion"
designation by means of building setback, and landscaped screening and/or
berming; and
4)
site plan setting out the requirements if 1, 2 and 3 above and any additional matters
required pursuant to Section 41 of the Plannin,q Act, (1990).
Conversion of these properties will only be permitted within buildings existing as of the date of adoption of
this Plan in compliance with the regulations of the implementing Zoning By-law.
4.4.3 Notwithstanding the "Medium Density Commercial Residential" designation applied to the properties
located at 84-86 Ahrens Street, 65 and 70 Margaret Avenue and 47-55 Ellen Street West,
redevelopment of those properties will be accomplished by a holding zoning category
being applied to such properties in the Zoning By-law. The holding provision shall be
removed so as to allow redevelopment to proceed only when the following criteria have
been met:
1)
consolidation or assembly of the property with property having legal frontage and access
to Victoria Street North;
2)
all access to be from Victoria Street North only, with no through driveways or vehicle
access to the public lane to be ensured by the conveyance of a 0.3 metre reserve
along the northerly side of the public land;
3)
such redevelopment including any surface parking, being buffered from abutting
"Low Density Residential - Preservation" areas by means of building setback, and
landscaped screening and/or berming; and
4)
site plan setting out the requirements if 1, 2 and 3 above and any additional matters
required pursuant to Section 41 of the Plannin,q Act, (1990).
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
14.(Cont'd)
Conversion of these properties is restricted to residential conversions only, unless they are part of a
comprehensive redevelopment project having access onto Victoria Street North.
Commercial access will not be provided via the laneway located between Victoria Street
North and Maynard Avenue.
4.4.4 Notwithstanding the "Service Commercial" designation applied to the properties located at 48 and
52 Ellen Street West and 34 and 38 St. Leger Street, redevelopment of those properties
will be accomplished by a holding zoning category being applied to such properties in the
Zoning By-law. The holding provision shall be removed so as to allow redevelopment to
proceed only when the following criteria have been met:
1)
consolidation or assembly of the property with property having legal frontage and
access to Victoria Street North;
COUNCIL MINUTES - 742 - DECEMBER 13, 1993
2)
all access to be from Victoria Street North only, with no vehicle access to College
and Young Streets to be ensured by the conveyance of a 0.3 metre reserve along
the northerly side of Hermie Place;
3)
such redevelopment including any surface parking, being buffered from the
properties located on the southerly side of Hermie Place by means of building
setback, and landscaped screening and/or berming; and
4)
site plan setting out the requirements if 1, 2 and 3 above and any additional matters
required pursuant to Section 41 of the Plannin,q Act, (1990).
Conversion of these properties will only be permitted within buildings existing as of the date of adoption of
this Plan in compliance with the regulations of the implementing Zoning By-law.
4.4.5 Notwithstanding the Medium Density Multiple Residential designation applied to the property
located at 36 Ellen Street East, and legally described as Lot 8 of Registered Plan 417, a
health office shall be permitted within the existing building.
4.4.6 Notwithstanding the Low Density Residential Preservation designation applied to the property
located at 189 Queen Street North, a tourist home shall also be permitted within the
existing building.
4.4.7 Notwithstanding the Medium Density Commercial Residential designation applied to the lands
bounded by Ahrens Street, Victoria Street, Ellen Street and the laneway running between
Ellen Street and Ahrens Street, small retail and personal service uses shall be permitted
within the existing buildings through conversion or internal to new large residential, office
or mixed use development.
SECTION 5 - IMPLEMENTATION AND INTERPRETATION
The provisions of the Official Plan of the City of Kitchener regarding the implementation and interpretation
of that Plan shall apply to this Amendment,
And further, that Schedule "A", Plan for Land Use, be replaced with Schedule "A" dated December, 1993.
It is the opinion of this Committee that the approval of this Amendment is proper planning for the City.
(AS AMENDED)
15.That Zone Change Application 92/26/TC/CL (City of Kitchener) and the 'Proposed By-law' dated
NOVEMBER 5, 1993 attached to Staff Report PD 104/93, representing amendments to By-law 85-1
and being the sixth stage of the City's New Comprehensive Zoning By-law to establish 8 new
Residential Zones, 4 new Commercial-Residential Zones and 1 new Existing Use Zone, as revised
December 6, 1993 to include:
PLANNING AND ECONOMIC
DEVELOPMENT COMMITTEE
DECEMBER 13, 1993
15.(Cont'd)
(a)a revision to the proposed zoning for lands located at 55 and 69 Joseph Street from C-1 with Special
Use Provision 169 to R-8 with a new Special Use Provision permitting an automobile service
station and a holding provision withholding residential development until the lands are
consolidated;
(b)the revisions listed in recommendation #2, Section F of Staff Report PD 117/93, save and except sub-
item (g) pertaining to 723 to 765 King Street West which is further revised in regard to the last
portion of 'Appendix D, Subsection 158' to add the phrase after the word 1994 'or within an
addition constructed after __ 1994 which does not exceed 20% of the gross floor area of
the existing building';
(c)the R-5 zone being revised to add a new regulation for lodging house as found in Section 39.2.3 to
read as follows:
COUNCIL MINUTES - 743 - DECEMBER 13, 1993
Location of Lodqin,q House
Only one lodging house shall be permitted on a lot. No building or part thereof shall be used for a lodging
house on a lot that is situated within 400 metres of another lot on which a lodging house is
located, such minimum distance to be measured from the closest point of the lot lines
associated with each lot.
and as further revised December 13, 1993 to include:
(d)the proposed zoning on the 'non-floodplain' portion of those lands municipally known as 384-402
Queen Street South be changed from "CR-I" to "CR-2" with a special regulation provision
permitting a maximum FSR of 3.0.
(e)the implementing zoning for 9 Ahrens Street and 10 Roy Street being corrected as a result of a
mapping error
be approved, without conditions and that no further notice be required as a result of the December 13,
1993 changes to the proposed Zoning By-law prior to the passing of said By-law.
Further, that the new set of zoning maps prepared and distributed under memorandum dated November
26, 1993, to replace the zoning maps attached to Staff Report PD 104/93 be further revised to
incorporate any mapping changes required as a result of revised recommendations relative to the
Proposed Zoning By-law,
And further, that any date shown to be referenced in such Proposed By-law be the date of enactment of
said By-law by City Council.
It is the opinion of this Committee that approval of this application is proper planning for the City and is in
conformity with a number of concurrent Amendments to the City's Approved Official Plan.
COMMUNITY SERVICES COMMITTEE
(AS AMENDED)
1.That Councillor G. Lorentz be appointed Chairman of the Community Services Committee for a term to
expire November 30, 1994.
2.That Councillor G. Leadston be appointed Vice-Chairman of the Community Services Committee for a
term to expire November 30, 1994.
3.That we approve the request of the Scott Tournament of Hearts - K-W Tournament of Hearts
Committee, to use $2,000.00 of the $6,000.00 grant already approved for 1994, for an in-kind bus
transportation grant.
4.That no action be taken on the request of the Canadian Authors' Association - Waterloo-Wellington
Chapter for a cash grant in the amount of $500.00 to assist with their 73rd annual conference to
take place in Waterloo from June 23 - 27, 1994.
5.That no action be taken on the request of the University of Waterloo Village Charity Ball for an in-kind
bus transportation grant in the amount of $815.37.
COMMUNITY SERVICES COMMITTEE
DECEMBER 13, 1993
6.That an approved exhaust hood be installed in the southwest corner of the Upper Market as soon as
possible, for frying/grilling purposes; and further
That the cost of the hood not exceed $10,000.00, to be paid out of the Market Capital Account and
reimbursed over time by increased rent charged to user vendor(s); and further
That the refreshment area and non-conforming exhaust hood in the north-east corner of the Market be
closed and removed to allow for a catering preparation area for hall rentals.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
7.That the Departments of Planning & Development, Public Works, and Parks & Recreation investigate
COUNCIL MINUTES - 744 - DECEMBER 13, 1993
alternate methods of advancing the construction of trails/paths in the subdivision process in
consultation with the development industry.
8.That we approve in principal the concept plan for upgrading the Rockway Golf Course, pending the
relocation of the Rockway Lawn Bowling Operation from the Rockway Golf Course to an alternate
site; and further
That
staff review the various relocation alternatives with the municipality's lawn bowling clubs and present
final recommendations to the Community Services Committee no later than March 31, 1994; and
further
That
a cost of relocation analysis be provided for each alternative, recognizing that the golf enterprise
shall contribute an upset limit of $50,000.00 to facilitate the relocation, with the balance of the
funding referred to a future Parks & Recreation capital forecast, subject to the approval of an
acceptable plan.
9.That the Mayor and Clerk be authorized to sign a licence agreement with Terry Haggith to operate a
boat concession out of the boat house in Victoria Park for the period of May 1, 1994 to October 9,
1996.
10.That the City of Kitchener endorses the Declaration of Support and its Commitments to secure a better
future for the Grand River.
11.That the portable buildings located at 222 Chandler Drive be known as the Chandler Mowat
Community Centre.
12.That the 1994 proposed fees and charges for the Program Division, Golf Unit and Cemetery Division
of the Department of Parks & Recreation, as presented to the Community Services Committee on
December 6, 1993, be approved.
13.That we approve the proposed changes to the Cemetery By-law, effective January 1, 1994, as
presented to the Community Services Committee on December 6, 1993; and further
That the approved by-law be forwarded to the Cemeteries Regulation Branch of the Ministry of Consumer
& Commercial Relations for approval.
14.That the concession booth at Woodside Park be closed.
15.That effective January 1, 1994 Tom Clancy be appointed General Manager of the Parks & Recreation
Department and Bob Arnot be appointed Assistant General Manager.
FINANCE AND ADMINISTRATION COMMITTEE
1 .That Councillor C. Zehr be appointed Chairman of the Finance and Administration Committee for a term
expiring November 30, 1994.
2.That Councillor B. Stortz be appointed Vice-Chairman of the Finance and Administration Committee for
a term expiring November 30, 1994.
3.That no action be taken on the request of Mr. J. Crawford for a grant relative to water damage at the
property known municipally as 15 Wilkins Drive.
FINANCE AND ADMINISTRATION COMMITTEE
DECEMBER 13, 1993
4.That the Legal Department draft a by-law relative to the licensing of street vendors in Victoria Park and
at specific street intersections to expire on December 31, 1994, with said by-law to be in a format
similar to the current By-law #93-34.
5.That subject to the following amendments the Statement of Goals contained in the report of Mr. T.
McKay dated November 9, 1993 be formally adopted by City Council:
a)Goal #2 - To enhance the quality of life of our community by encouraging opportunities in social,
COUNCIL MINUTES - 745 - DECEMBER 13, 1993
recreational, cultural and economic areas;
b)Goal #4 - To encourage the development of employees who can contribute to our objectives through
commitment to excellence, innovation and service.
6.That Council ratify payment of invoices from Ulmer Construction Ltd. totalling $19,306.98 plus GST for
work performed to complete the interior and to repair interior deficiencies at Firehall No. 6, and,
That Council approve payment of invoices from Ulmer Construction Ltd. totalling $22,151.53 plus GST for
work performed to complete the exterior and to repair deficiencies on the exterior of Firehall No. 6,
and,
That Council ratify payment of an invoice from McLean-Peister in the amount of $3,175.20 plus GST for
work performed on St. Timothy's school property to repair damages caused by Toronto Structural
Group, and,
That the City proceed with a tender to apply a coating treatment for the apparatus floor of Fire Station No.
6, and further,
That the City's Project Manager be authorized to pay additional fees in the amount of $3,000.00 plus GST
for additional services relating to the difficulties encountered on this project.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
7.That effective January 1, 1994, the following Transit fare structure be implemented:
Existing
Fare New Fare
Adult Cash
Adult Pass
Reduced Cash
Reduced Pass
Term Pass (5 months)
College Pass (4 months)
University Pass (3 months)
$ 1.30 --> $ 1.35
$ 52.00 --> $ 53.00
$ 1.05 --> $ 1.10
$ 42.00 --> $ 43.00
$194.00 --> $194.00
$180.00 --> $180.00
$153.00 --> $153.00
That effective January 1, 1994, the fees for the Planning Applications listed below be increased in
the amounts shown and that Section 380.1.1 of Chapter 380 (Tariff of Fees - Planning Matters) of
the Municipal Code be amended accordingly and where applicable:
Rate
Zoning By-Law
$475.00/applic.--> $500.00/applic.
(plus $125.00/sign where standard
City Notice sign required)
Zoning By-law for $475.00/applic. +$45.00/hectare to a
Subdivision max. of $1,800.00--> $500.00/applic.
+$50.00/hectare to a max. of
$2,000.00
Part Lot Control Exemption
By-law lot created -->
$65.00/applic.+$25.00/additional new
$70.00/applic.+$55.00/additional new
lot created
Site Plan Control
$65.00/applic.-(no revision fee) -->
$70.00/applic.+ new $35.00 revision
fee
FINANCE AND ADMINISTRATION COMMITTEE
DECEMBER 13, 1993
8. (Cont'd)
COUNCIL MINUTES - 746 - DECEMBER 13, 1993
Letter of Compliance
$ 50.00/enquiry --> $ 55.00/enquiry
OR
$100.00 for verbals requested within
15 business days of City's Receipt of
Enquiry
Certificate of Occupancy
$ 50.00/unit --> $ 55.00/unit
Demolition Control
$ 55.00/applic. --> $ 60.O0/applic.
Condominium Conversion
$325.00/applic. --> $350.00/applic.
Sign Permits - Mobile
(Portable) Sign
- Permanent
$ 30.00/sign
--> $ 35.00/sign
(Ground/Pylon/Fascia) Sign
$ 50.00/sign --> $ 55.00/sign
That the Mayor and Clerk be authorized to sign an Agreement with the Race Relations Committee
of Kitchener-Waterloo to provide for office accommodation in the Kitchener City Hall, subject to the
revised conditions outlined in the report of Mr. T. Boutilier dated December 1, 1993 and that this
Agreement be a licensee arrangement, and,
That Condition #5 d) relative to equipment for facsimile transmission be deleted in its entirety, and
further,
That conditional upon execution of the above Agreement, the Race Relations Committee of
Kitchener-Waterloo be permitted to commence occupancy on December 15, 1993.
10.
That the City accepts the offer dated December 1, 1993 from Mr. Cai Dicks, owner of the Mayfair
Hotel, to settle in full its injurious affection claim resulting from the closure of Young Street in 1992,
for business loss in the sum of $8,000.00 plus legal and accounting costs of $404.31.
11.
That effective January 1, 1994, the Business Licensing Fees appended to the joint report of Mrs. J.
Koppeser and Mr. L. Parkhouse dated November 25, 1993 be adopted.
12. That the following Lottery Licensing Fees be adopted:
Bingo; Media Bingo; Break
Open Ticket; Raffle;
Bazaar
3% of Prizes
3% of Prizes/S10.00 per wheel.
13.
That staff be directed to discuss with the owners of William's Coffee Pub the feasibility of allowing
currently licensed Hot Dog Vendors to provide food for this year only in conjunction with the
proposed New Year's Eve Party in the Civic Square.
14.
That Council waive the 1993 License Fee with respect to the sale of food in the Civic Square by
William's Coffee Pub.
15.
That the Kitchener Sports Association be granted permission to hold bingos at the Kitchener
Charities Bingo Palace on a continuing basis commencing January 8, 1994.
16.
That Mr. Len Habermehl be appointed to fill the vacancy on the Electrical Examining Board as a
result of the retirement of Mr. John Waller, and further,
That Mr. Waller receive a letter of appreciation.
17.
That subject to the following amendment, Council adopt all of the suggestions in the joint report of
Mrs. J. Koppeser and Mr. L. Parkhouse dated November 25, 1993, and further,
That the suggestion in the sub-section entitled "Raffles" be amended to read "An irrevocable letter
of credit or other security satisfactory to the City Treasurer" and the words "from a recognized
financial institution" removed; also, the term "notarized statement" be replaced with "sworn
declaration".
COUNCIL MINUTES - 747 - DECEMBER 13, 1993
LOCAL ARCHITECTURAL CONSERVATION ADVISORY
COMMITTEE (November 19, 1993)
DECEMBER 13, 1993
That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to
alter the designated, City-owned property, known as 110 Arlington Blvd. (Woodland Cemetery) by
constructing an addition, in accordance with the plans prepared by Maine Construction Co.,
Revised Plan #9314, dated 9/20/93, save and except that the fascia and coping will be
constructed of cast-in-place concrete, as presented to the Local Architectural Conservation
Advisory Committee on November 19, 1993.
That the Local Architectural Conservation Advisory Committee has no objection to the issuance of
a demolition permit, to demolish the one storey structure which is attached to the building known
as 236 Victoria Street North as presented to the Local Architectural Conservation Advisory
Committee on November 19, 1993.
That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to
alter the designated property known as 1 King Street West (Walper Hotel) by erecting three signs
(Best Western Signs L-18) as shown, and in the locations as shown, on the plan submitted to the
Local Architectural Conservation Advisory Committee on November 19, 1993.
That the Local Architectural Conservation Advisory Committee has no objection to the demolition
of the property known as 2118 New Dundee Road; and
That the owners be requested to allow members of the Local Architectural Conservation Advisory
Committee on site when demolition takes place in order to document construction changes in the
structure; and further
That the owner be encouraged to preserve the side porch and buff bricks to be reused either in the
new house or sold for re-use in other structures.
(AS AMENDED)
That pursuant to Section 33 of the Ontario Heritaqe Act, we approve the request of the owner to
alter the designated property known as 20 Pinnacle Drive by constructing a second storey rear
addition, with the brick to match the existing one storey rear addition, in accordance with the plans
prepared by Chicopee Craftsmen as presented to the Local Architectural Conservation Advisory
Committee on November 19, 1993.
LOCAL ARCHITECTURAL CONSERVATION ADVISORY COMMITTEE (December 10, 1993)
1. That Councillor M. Wagner be appointed Chairman of the Local Architectural Conservation
Advisory Committee for a term expiring November 30, 1994.
That Mr. Vern Tarbutt be appointed Vice-Chairman of the Local Architectural Conservation
Advisory Committee for a term expiring November 30, 1994.
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
That Councillor J. Smola be appointed Chairman of the Public Works and Transportation
Committee for a one year term expiring November 30, 1994.
That Councillor M. Wagner be appointed Vice-Chairman of the Public Works and Transportation
Committee for a one year term expiring November 30, 1994.
That no action be taken on the proposed relocation of Route 8 bus service from Union Street to
Hartwood Avenue, and further,
That Transit staff be instructed to prepare a report for consideration by the Public Works and
Transportation Committee outlining possible alternatives for the provision of Transit service to the
area of 409 Weber Street with one of the alternatives being reversal of Route 8 & 18 in the service
area.
(DEALT WITH UNDER DELEGATIONS AND CARRIED, AS AMENDED)
COUNCIL MINUTES - 748 - DECEMBER 13, 1993
PUBLIC WORKS AND TRANSPORTATION COMMITTEE
DECEMBER 13, 1993
That Mr. J.J. Bakker be retained as a consultant to undertake a Time Transfer Study as outlined in
the November 24, 1993 proposal submitted by Mr. Bakker, and further,
That, subject to this study being approved by the Ministry of Transportation for Ontario, the
estimtated study cost of $12,600.00 be absorbed in the 1994 Transit Division Capital Budget, and
further,
That the Time Transfer Study be scheduled to commence in January 1994.
That the City of Kitchener and City of Waterloo Accessibility Implementation Plan be adopted and
implemented, subject to budget approvals, and further,
That the Accessibility Implementation Plan, which commits both the Cities of Kitchener and
Waterloo to follow the strategies as outlined therein, be submitted to the Province of Ontario for
approval, and further,
That the Council of the Corporation of the City of Kitchener hereby affirms the ongoing role of the
Accessibility Implementation Plan Committee to:
i)act as an Advisory Body to City Council or the appropriate Standing Committee of Council
accessibility matters; and,
ii)promote accessibility awareness amongst the citizens and businesses of Kitchener and Waterloo.
on
6.That an Adult Crossing Guard be established at the intersection of Siebert Avenue at Vanier Drive to
assist children on their way to and from Rockway Public School and St. Boniface Separate School.
7.That stopping be prohibited on the south side of Doon Village Road from Bechtel Drive to a point 40
metres west thereof, and further,
That the Uniform Traffic By-law be amended accordingly.
8.That King Street be closed to traffic between Water Street and Ontario Street from 8:00 p.m. on Friday,
December 31, 1993 to 12:05 a.m. on Saturday, January 1, 1994 for the purpose of holding a New
Years Eve Party, and further,
That all costs associated with the closure of King Street be borne by the organizers of the event, and
further,
That the appropriate by-law under Section 352(61 ) of the Municipal Act be enacted.
9.That the recommendations as contained in the Voisin Greenway Study as presented to the Public
Works and Transportation Committee on December 6, 1993, be accepted, and further,
That funding for these remedial works be considered during the 1995 Capital Budget process.
10.That the City of Kitchener strongly oppose Concept #1 for the Highway 7/K-W Expressway
Interchange and support Concept #2 as the preferred alternative.
(DEALT WITH UNDER DELEGATIONS AND CARRIED)
11.That, effective January 1, 1994, the schedule of prices for utility cuts and sewer blockades be
increased by 2% over 1993 rates.
COMMITTEE OF THE WHOLE MINUTES
DECEMBER 13, 1993
A. BY-LAWS AS LISTED ON THE AGENDA - 2ND READING
It was resolved:
"That the by-laws considered by this Committee be taken as read a second time and be
recommended for enactment."
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER
1. Banner Requests
It was resolved:
"That Community Justice Initiatives of Waterloo Region be granted permission to erect banners on King
Street at Frederick/Benton Streets and on King Street at Rockway Gardens from
Monday, January 31, 1994 to Sunday, February 20, 1994 inclusive.
Further, that arrangements be made with the City's Contractor for erection of the two banners and the
payment of any costs associated therewith."
- and -
"That in conjunction with the Tournament of Hearts Canadian Women's Curling Championship to be held
at the Waterloo Recreation Complex from February 25, 1994 to March 5, 1994, we grant
permission for erection of a banner on King Street at Rockway Gardens from Monday,
February 14, 1994 to Saturday, March 5, 1994 inclusive.
Further, that arrangements be made with the City's Contractor for erection of the banner and the payment
of any costs associated therewith."
2. Consent to Transfer - FAIRVIEW WARD
It was resolved:
"That the City consent to a transfer of one-half interest from Conestoga Cold Storage Limited Partnership
to 973963 Ontario Limited of the property described as Part 3 on Reference Plan 58R-
5010 and Parts 1 & 2, Reference Plan 58R-5455 and municipally known as 299 Trillium
Drive, Kitchener."
3. Licence
It was resolved:
"That the City of Kitchener has no objection to a Provincial Lottery Licence being issued to the Rotary
Club of Kitchener to conduct a Raffle Lottery at Bingeman Park Lodge, 1380 Victoria St.
North, Kitchener, On June 16, 1994."
4.Compliance with Restrictive Covenants - FAIRVIEW WARD
It was resolved:
"That the City confirms that on December 13, 1993 the property municipally known as 81 Bleams Road,
Kitchener complied with the restrictive covenants set out in Instrument No. 339375."
5. Encroachment Aqreements - Liqhtinq - CENTRE WARD
It was resolved:
COMMITTEE OF THE WHOLE
MINUTES
DECEMBER 13, 1993
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
"That the Mayor and Clerk be authorized to execute Encroachment Agreements between the City and the
registered owner(s) of the
5. Encroachment Aqreements - Liqhtinq - CENTRE WARD (Cont'd)
buildings located at 10-22 King Street West, 1-11 King Street West, 117-119 King Street West, 133-145
King Street West and 255 King Street West with respect to the installation of a light
fixture(s) on the exterior of the said building(s) which will illuminate the adjacent
laneway(s), being either Goudie's Lane or Hall's Lane in the City of Kitchener."
6.Tenders
It was resolved:
"That Sections A & B of tender T93-77, Supply of Erosion Control Materials, be awarded to Evercrete
Erosion Corporation, Maple, Ontario at their tendered price of $55,459.60 plus G.S.T.
and P.S.T. and that Section C of tender T93-77, be awarded to Form & Build Supply Inc.
of Kitchener, at their tendered price of $1,437.72. plus G.S.T. and P.S.T."
- and -
"That tender T93-79, Tire Recapping, be awarded to Hespeler Retreading, Cambridge at their tendered
price of $56,665./year plus G.S.T. and P.S.T."
7.Committee of Adjustment - 1994 Tariff of Fees
It was resolved:
"That the City Solicitor be instructed to prepare a by-law to repeal Schedule 'A' - Tariff of Fees of Chapter
375 of the City of Kitchener's Municipal Code and substitute the following therefor:
Schedule 'A' - Tariff of Fees
APPLICATION
FEES/CHARGES
Committee of Adjustment $205/application
(Variance to a By-law)
Committee of Adjustment
(Land Severance)
$255/first lot or block and
for each new lot or block
created thereafter
Committee of Adjustment
(combined application
for Variance and Land
Severance)."
$41 O/first lot or block and
$205 for each new lot or
block created thereafter
8.Variance Request - Walper Terrace Hotel/Best Western Siqnaqe
This item was dealt with under delegations.
9. Envirofund Kitchener Inc.
The Committee was in receipt of a report from Mr. J. Wallace, City Solicitor, on two proposed Acts for
special legislation that would incorporate Envirofund Kitchener Inc.
Councillor T. Galloway stated that he has had a concern as to how much control City Council required
and that he would like to see the organization have a certain degree of autonomy. In this
regard, he indicated that he would like to amend the legislation so as to provide that Council
would review the budget but not have financial control.
COMMITTEE OF THE WHOLE
MINUTES
DECEMBER 13, 1993
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)
Mr. J. Wallace stated that it was his understanding that the purpose of the Envirofund proposal was that it
be created to assist the
9. Envirofund Kitchener Inc. (Cont'd)
Council, however, Councillor Galloway has suggested that the Envirofund Board be allowed to deal with
significant environmental features.
Councillor
C. Zehr stated that it was not the intent for the Foundation to be independent and that he
concurred with the interpretation given by Mr. Wallace. Councillor Galloway commented that
it was his hope there would be as little red tape as possible in respect to budgetary spending
issues pertaining to the Board.
On motion by Councillor T. Galloway -
it was resolved:
"That the City Solicitor be authorized to proceed to apply for special legislation to incorporate 'Envirofund
Kitchener Inc.' in accordance with the draft bill dated December 9, 1993."
10. Applications for Cancellation, Refund, Reduction or Levy of Taxes - December 13, 1993
Hearinq
It was resolved:
"That the applications attached hereto and forming part of these minutes relative to cancellation,
reduction, refund or levy of taxes be disposed of as recommended therein."
Conflicts of interest and abstention were disclosed as follows: Councillor C. Zehr in regard to Item Nos.
44, 45, 50, 72 and 73 and Councillor C. Weylie in regard to Item No. 212, as these applicants
were clients of the respective Councillors.
11. Licence - Monte Carlo Event
It was resolved:
"That the City of Kitchener has no objection to a Provincial licence being issued to conduct a Monte Carlo
event at Lulu's Roadhouse, Kitchener on January 7-9, 1994, inclusive and January 28-
30, 1994, inclusive."
COMMITTEE OF THE WHOLE
MINUTES
DECEMBER 13, 1993
B. REPORT OF THE CHIEF ADMINISTRATIVE OFFICER (CONT'D)