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HomeMy WebLinkAboutPlng & Econ Dev - 1993-12-06PED\1993-12-06 PLANNING AND ECONOMIC DEVELOPMENT COMMITTEE MINUTES DECEMBER 6, 1993 The Planning and Economic Development Committee met this date commencing at 3:45 p.m. with the following members present: Mayor D.V. Cardillo and Councillors B. Stortz, M. Wagner, M. Yantzi, J. Smola, G. Leadston, C. Zehr, J. Ziegler, T. Galloway, G. Lorentz and C. Weylie. Officials Present: Mr. T. McKay, Mr. S. Klapman, Mr. B. Stanley, Mr. D. Corks, Mr. J. Willmer, Mr. T. McCabe, Ms. C. Ladd, Mr. L. Masseo, Mr. D. Mansell, Mr. D. Snow, Mr. K. Curtis, Ms. B. Newell, Mr. J. Witmer and Mr. L.W. Neil. APPOINTMENT OF CHAIRMAN On motion by Councillor J. Ziegler, it was resolved: "That Councillor a.M. Weylie be appointed Chairman of the Planning & Economic Development Committee of Council for a term to expire November 30, 1994." APPOINTMENT OF VICE-CHAIRMAN On motion by Councillor C. Zehr, it was resolved: "That Councillor J. Ziegler be appointed Vice-Chairman of the Planning & Economic Development Committee of Council for a term to expire November 30, 1994." PD 118/93 -CLOSURE OF PART OF PALMER AVENUE. - ROAD CLOSURE APPLICATION LA20.13. - ROCKWAY ST-MARY'S WARD. The Committee was in receipt of Planning and Development Staff Report PD 118/93 dated November 30, 1993 dealing with a Road Closure Application respecting a portion of Palmer Avenue. It was noted in the report that J.M. Schneider Inc. has requested that the south section of Palmer Avenue be closed and the lands be conveyed to J.M. Schneider Inc. as the abutting landowner. Mr. T. Mcaabe commented on the application and noted that it was circulated and discussed several years ago and had recently been resurrected. No delegations were registered respecting this matter. On motion by Councillor M. Wagner, it was resolved: "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 aN 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 220 - DECEMBER 6, 1993 PD 118/93 -CLOSURE OF PART OF PALMER AVENUE. - ROAD CLOSURE APPLICATION LA20.13. - ROCKWAY ST-MARY'S WARD. (CONT'D) 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." The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, December 13, 1993. REVISION TO ENVIRONMENTAL COMMITTEE TERMS OF REFERENCE. On motion by Councillor M. Wagner, it was resolved: "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". PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). -OFFICIAL PLAN AMENDMENT APPLICATION 93/12. The Committee was in receipt of Planning and Development Staff Report PD 116/93 dated November 17, 1993 as well as an Official Plan Amendment Report "Road Widening Policies - Revision to OPA #47". Also, Staff Report PD 123/92 prepared as an Addendum was distributed with respect to this matter. The purpose of the Amendment is to incorporate a Policy Revision as well as to revise Schedule A, "Highways to be Widened" and Schedule B, "Intersections that May Exceed the Designated Road Allowance" of the Official Plan to delete roads and intersections that are no longer being considered for widening. It was noted in the report that the proposed Amendment would recognize land use policy changes that have occurred since 1986 that affect road widening policies and also assist with implementation of Secondary Plan policies that have identified and sought to preserve stable residential areas, especially in the inner City. It was pointed out that notice that the Committee would hold a public meeting this date to consider this matter had previously been given. Mr. B. Stanley explained the purpose of the policy and the benefit that it will have in that development will not occur in areas designated with Low Density Conservation Designation. Mr. D. Corks noted that all roads to be widened have to be listed in the Official Plan and in this regard he pointed out that the Committee was being asked to consider several revisions to the list in Schedule "A" attached to Staff Report PD 116/93. Councillor T. Galloway referred to Stauffer Drive which was in Schedule "A" as a road to be widened and questioned if something could be included in the report to give some assurance that Stauffer Drive was listed only as its relates to a broader objective to protect the landscape adjacent to the road. Mr. B. Stanley noted that the new Municipal Plan would likely be considered in February 1994 and that PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 221 - DECEMBER 6, 1993 PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) it was appropriate that the measure Councillor Galloway referred to, be included in the Municipal Plan. Mr. Stanley pointed out that the present Official Plan does not include this matter. Councillor C. Zehr questioned if there were instances where widenings were previously taken but now were no longer required and was advised that some widenings had been taken. Mr. B. Stanley noted that he did not think there were that many properties involved but could review the matter. Councillor T. Galloway suggested that Biehn Drive from Huron Road to Carlyle Drive could be taken off the list. Mr. D. Snow pointed out that where the Cemetery is located a widening has not been taken. Councillor M. Yantzi questioned inclusion of Henry & Theresa Streets in the list of streets to be widened since they were located in an area designated Low Density Conservation. Mr. D. Snow advised that the objective was to reach an 18 metre right-of-way as an average width but that he would review the issue before the December 13, 1993 Council Meeting. Councillor M. Wagner questioned what the relationship was between the list of streets being considered in this staff report and the list of streets that would be dealt with in the Municipal Plan. Mr. B. Stanley advised that when the Municipal Plan is finally prepared it would include the list dealt with in this Official Plan Amendment. Councillor Wagner questioned the procedure as to wether or not the streets to be widened as shown in this Amendment would be subject to financing or some other criteria. Mr. B. Stanley advised that once the list received approval, the widenings is would be taken as part of the site plan review process unless there was a problem that arose. No delegations responded to the Chairman's invitation to address the Committee on this matter. On motion by Councillor B. Stortz, it was resolved: 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". Schedule A - Highways to be Widened ROAD NAME: SECTION: ULTIMATE WIDTH: Ann Street Frederick Street to end 20m Balzer Road C. N.R. to end 20m Belmont Avenue 37m to 125m south of Glasgow St. 30m Benton Street 18m PLANNING & ECONOMIC DEVELOPMENT COMMITTEE Schneider Creek to Martin Street Martin Street to Courtland Avenue - 222 - DECEMBER 6, 1993 PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) 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 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. 20m Eby Street 20m Ebydale Drive 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 Charles Street to King Street Lackner Road to Forwell Road 20m 20m 18m 20m 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 Groh Street 20m Grove Drive Guelph Street 20m Gzowski Lane Hall's Lane East Hall's Lane West 7.62m PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 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 - 223 - 20m 20m 26m 7.62m 7.62m DECEMBER 6, 1993 = PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) Heiman Street Heit Lane 7.62m Henry Street 18m Heritage Drive Highland Road to south limit Duke Street West to Victoria Street North Victoria Street South to Devon Street Indian Road to Ebydale Drive 18m 20m Hidden Valley Rd. Hill Street Hofstetter Ave. 20m Horning Drive 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 16m Macville Avenue 16m 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 Woolwich Street to end 20m 18m 20m Madison Avenue 20m Mill Street to Charles Street Charles Street to Weber Street Mansion Street 18m Lancaster Street to Ellen Street Margaret Avenue 20m 20m Queen Street to Victoria Street Wilhelm Street to Blucher Street Market Street Horning Drive to end 18m Mill Street 20m Queen Street to Bedford Road Mill Park Drive 20m Old Mill Road to approximately 276m east of Old Mill Road Mittierra Drive 13.7m Wilfong Drive to end Morrison Road 20m King Street East to Manor Drive Mt. Hope Street PLANNING & ECONOMIC DEVELOPMENT COMMITTEE Park Street to King Street 18m - 224 - DECEMBER 6, 1993 PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) North Hill Place Fairway Road to end 16m Old Chicopee Dr. 20m Kenora Drive to Old Chicopee Drive Diversion Old Chicopee Drive Diversion to Fairway Road Fairway Road to Morrison Road 20m 16m Old Huron Place Biehn Drive to end 16m Old Mill Road 20m Durham Street to Doon Valley Drive Ontario Street 20m Joseph Street to Weber Street Oregon Drive Doon Village Road to end 16m Pandora Avenue 18m King Street to Charles Street Pinnacle Drive 20m New Dundee Road to New Dundee Road Doon Valley Drive to Amherst Drive 20m Pioneer Tower Rd. Plains Road 20m Prince Street 16m Queen St. N. 18m Queen St. S. 20m Reichert Drive 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 Theresa Street 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 20m Victoria Street South to Park Street 18m Towerview Avenue Trussler Road 20m Tyson Drive Union Boulevard Vanier Drive PLANNING & ECONOMIC DEVELOPMENT COMMITTEE Ontario Hydro R.O.W. to end New Dundee Road to Bleams Road Bridge Street to end Park Street to K-W Border 20m Walton Avenue to end 20m - 225 - 18m DECEMBER 6, 1993 PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) Waverly Road 18m Gage Avenue to Strange Street Wellington St. 20m Major Street to Lancaster Street Wentworth Avenue 18m Highland Court Park to Spadina Road Westhill Drive 20m K-W Border to Glasgow Street Wilson Avenue 26m Grand River Railway to Kingsway Drive Woolner Drive 20m Zeller Drive to Lackner Boulevard Woolwich Street 20m Shirk Place to Bridge Street 20m Old Woolwich Street to Kiwanis Park Drive Young Street King Street to Weber Street 20m Zeller Drive The Grand River to approximately 2,652m along Zeller Drive 20m 2) 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 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 226 - DECEMBER 6, 1993 PD 116/93 - ROAD WIDENING POLICIES (REVISION TO OPA #47). - OFFICIAL PLAN AMENDMENT APPLICATION 93/12. (CONT'D) 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 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. The Chairman advised that this recommendation would be considered by City Council at its meeting to be held on Monday, December 13, 1993. PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. The Committee then considered the matters that were deferred as its November 29th meeting pertaining to 9 Official Plan Amendments and a related Zoning By-law Amendment. At the request of Chairman C.M. Weylie, Mr. L.W. Neil reviewed the revisions that had been agreed to at the November 29th meeting respecting portions of the staff reports that were being considered and pointed out that on motion the Committee had resolved that consideration of the recommendations and the revisions which it had made on November 29th be deferred and referred to the meeting this date for further consideration. Mr. B. Stanley commented on the revisions agreed to at the November 29th meeting particularly with respect to suggestions that duplexing and three dwelling unit provisions should come out of the Secondary Plans. Because of the significance of this deletion, he reviewed the Low Density Conservation Category that was first developed in the Civic Centre Neighbourhood. He pointed out that the neighbourhood wanted a PLANNING & ECONOMIC - 227 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) designation that provided stability to the neighbourhood which the Low Density Conservation Designation did. Mr. Stanley stated that the City went to substantial down zoning in several Secondary Plans without objection with regard to the Low Density Conservation Designation. He pointed out that at the November 29th meeting a lot of concern was raised with the designation and he emphasized that the designation has been in place for ten years in the Civic Centre Area. Further, Mr. Stanley advised that he had attended neighbourhood meetings and felt residents were satisfied with the designation. He indicated that City Council dealt with the issue of residential intensification in 1991 and he read the Council Resolution pertaining to that subject. Mr. Stanley commented that the matters before the Committee deal with implementation of zoning related to the Secondary Plans and discussions had not taken place respecting changing the nature of designations in the Secondary Plans and that if there was a wish to discuss this the Committee should re-advertise the entire matter. He indicated that densities had been lowered to ensure stability but maintain an opportunity for infill and that over the last two years there had been a lot of discussions about City growth and vision of a compact urban form that was essential to meet City objectives. He suggested that to consider a change in the designation was a fundamental change of policy. Councillor M. Yantzi questioned the omission of lodging houses from the Secondary Plans and Mr. Stanley stated that they were not an integral part of the Plans and were left out as staff went through the Plans because it was felt they should be dealt with comprehensively. Councillor M. Yantzi raised a question concerning the Central Frederick Neighbourhood and Mr. Stanley advised that there was a Low Density Conservation A Designation permitting only single units and two unit dwellings and it was his understanding that this revision took place with the Neighbourhood Association. At this point, Ms. C. Ladd distributed a summary of designation categories and zoning permitted under the proposed zones and explained the Secondary Plan categories and the zones related to each category. She commented on major differences among the residential zones and noted that in multiples the major difference was in the floorspace ratio. Ms. Ladd commented that there was a concern in the way zones were being implemented and applied in the inner-city as opposed to the suburban area and noted that the application and framework to apply them were markedly different. In addition to the two revisions that she requested at the November 29th meeting respecting 55 and 69 Joseph Street and the Knells Hardware/C.P. Lands, Ms. C. Ladd advised that she was requesting the Committee consider two additional revisions this date. The first revision proposed by Ms. Ladd deals with a minimum distance separation factor for lodging houses in the R-5 zone and would read as follows: 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. She pointed out that this would become a general provision in the R-5 zone and must go hand in hand with a lodging house licencing program with implementation in 1994. The second revision Ms. Ladd proposed dealt with the application of Low Density Conservation - A Designation to include the area of Central Frederick respecting the pocket previously designated for single detached only in the current Central Frederick Neighbourhood Secondary Plan. Ms. Ladd advised that with these additional revisions, the staff presentation relative to these matters was complete. PLANNING & ECONOMIC - 228 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) Mr. Peter Bufe appeared as a delegation respecting two issues. The first concerns the setback issue that was considered by LACAC and which staff rebutted. He advised that his proposal was that a formula be found that would use a 4.5 metre setback for new subdivisions or in existing areas a depth that would conform to the adjacent properties or a median setback so as to preserve the existing character of neighbourhoods. The second issue concerns zoning and he stated that he was now confused with the change to the Secondary Plan. Ms. C. Ladd advised that it would allow single, semi, duplexes and lodging houses with a minimum distance separation factor and it would not permit multiple dwelling units. It was noted that the lands between Lancaster and Samuel Streets are currently Low Density Conservation and as a trade-off for the area which is giving up singles to accept duplexes some consideration should be given to that area, being the Lancaster to Samuel Street area, becoming Low Density Conservation A. Mr. J. Cunningham appeared as a delegation regarding the Central Frederick Neighbourhood Secondary Plan and noted that it was suggested in the Amendment that the neighbourhood would not be successful with preservation under the current Plan. He commented that the Plan refuses to recognize what people do on their own properties and pointed out that successful preservation must maintain style, grace and cultural features and that he was also worried about the setback issue in relation to preservation of the inner-core. Mr. Ted Pawlowski appeared as a delegation regard to the Victoria Park Neighbourhood Secondary Plan. At this point, Councillor M. Yantzi again disclosed a conflict of interest and abstained from all discussion of issues relative to Victoria Park and Floodplain Policy as he owns property within the Victoria Park Neighbourhood Secondary Plan. Mr. Pawlowski stated that his property was zoned as a Special Policy Area and it was now proposed to be changed to Open Space and he objected to the zoning. He stated that he wished to retain the Special Policy and indicated there were about 400 properties involved and most people were unaware of the change. Also, he pointed out that taxes at his residence at 152 Homewood Avenue have increased dramatically in the last several years and asked that the City review its planning before approving any changes to the Secondary Plan and Zoning By-law. Mr. Barry Gough, 37 Ahrens Street West, appeared as a delegation relative to the Civic Centre Neighbourhood Secondary Plan and stated that his property was zoned duplex and that he resides in it. Mr. Gough stated that he was past President of the Neighbourhood Association and that he wished to thank Mr. Stanley for developing the R-5 zoning in the Civic Centre a number of years ago as it met the needs of the area and brought stability to the area. Mr. Gough advised that he could appreciate the concerns of other residents regarding the proposals this date but noted that once the designations were made clear, property values would rise but speculative investment would fall. Mr. Gough commented that the City has needs that have to be met to increase the quality of life and that all parts of the City were responsible to ensure that all areas thrive. Accordingly, he asked that the Committee consider zoning regulations for the inner and peripheral areas of the City to meet these needs. Mr. Martin Emmons, Fraser & Beatty, 4950 Yonge Street, 23rd Floor, North York, appeared as a delegation on behalf of the Confederation Trust Company which is the holder of a mortgage that is in default relative to property known as 384 - 402 Queen Street South. He stated that the property was in the process of being sold but half of it was designated E-1 but the northerly half that was zoned CR-1 in 1981 was zoned C3-DC4 by By-law 89-71 which was a site specific zoning with a two times lot area floorspace ratio. He pointed out that it was on the basis of the by-law that mortgage funds were lent and that down zoning would reduce PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 229 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) development potential by 100%. Mr. Emmons advised that the commercial property across the street was zoned CR-2 and he requested that the Official Plan and Zoning By-law be Medium Density Commercial Residential and CR-2 respectively. He stated that this would be consistent with policies in the 1989 By-law and that the philosophy outlined in the current reports would support this designation and that there was no good planning justification for such a severe down zoning. Ms. C. Ladd commented that some revisions were made to mapping and the portion of the property designated floodway was very slightly reduced. Accordingly, a small building envelope could still be maintained. Mr. J. MacDonald, 6 Oak Street, appeared as a delegation in regard to the Victoria Park Neighbourhood Secondary Plan. He pointed out that he was President of the Association but for the most part he was speaking for himself as a property owner. Mr. MacDonald distributed a handout to this Committee and emphasized the importance of comprehensive within the Comprehensive By-law and related Secondary Plans. Mr. MacDonald provided the Committee with definitions of the words "change" and "stability" and pointed out that a stable area of the City was Cedar Hill since that area has fought and dealt with the issue of change. He stated that no neighbourhood could insulate itself from change and that all neighbourhoods should assume their fair share. Mr. MacDonald asked that all neighbourhoods be allowed an opportunity to find their own stability and asked that R5A zoning not be insulated from lodging house issues. Mr. Martin Wasilka appeared as a delegation with regard to the Central Frederick Neighbourhood and read a prepared submission. He commented on what he saw as a relaxing of provisions since a home on a 45 foot lot would now be able to be duplexed whereas before the standard was 50 feet. He suggested that the Low Density Conservation Designation and R3 zoning more closely reflect inclusion of duplexes and semis as a reasonable compromise. Accordingly, he asked that duplex and semis be added to the R3 zone to take advantage of larger lot sizes. Mr. David Ryan, President of the Central Frederick Neighbourhood Association, appeared as a delegation but advised that he was not representing the Association. He pointed out that the Association was divided over the question of intensification in that approximately half favor maintaining single family units only and that personally he was in favor of intensification as maintaining the status quote was unsustainable for many reasons. He asked that the Committee move forward with Stage 6 approval of the Comprehensive By-law and noted that a policy of intensification was needed across the City. Mr. Ryan stated that his fear was that all of the problems might end up being dumped into the core area and he pleaded not to be proved right on this issue. Mr. Theron Kramer, 22 Simeon Street, appeared as a delegation in regard to the Central Frederick Neighbourhood Secondary Plan. He stated that as a resident, he spent six years on this Steering Committee which developed the Plan and that he supports the recommendation being proposed this date. Mr. Kramer commented that while the Low Density Conservation A Designation does not fully meet the current Plan, the Plan was a little more inclusive given the inclusion of lodging houses which does allow some minor development. He stated that people need more options for affordable housing and that the current proposal was a compromise. Further, he commented that support for Stage 6 means support for inclusive values that were community values that must be universal. Mr. Craig Robson, 675 Riverbend Drive, appeared as a delegation acting for H. Kraushaar, the owner of lands in the area of Frederick/Lancaster and Bingeman Streets. He stated that he had concern over a suggestion by Mr. Bufe that Low Density Conservation be applied to those lands. He provided a history of development proposals for the lands and noted that in the last 3-4 years they had been working on a site plan that PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 230 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) respected the decision of the Ontario Municipal Board Hearing with regard to these lands. Mr. Robson stated that extensive meetings have been held with the neighbourhood and that agreement had been reached on issues such as massing which were reflected in the Proposed Zoning By-law and that his client has no objection to the By-law as proposed. Mrs. Mary Ann Wasilka appeared as a delegation in regard to the Central Frederick Neighbourhood Secondary Plan and pointed out that the R5 zoning suggested for the area allows more types of homes and smaller homes but in fact the area has more duplexes than the Mill Courtland Area. Mrs. Wasilka stated that the area is under pressure and that the neighbourhood does not have a park nor a community centre and the social effects of intensification should be questioned given this lack of facilities in the area. She referred to responses received to a survey question circulated in the neighbourhood which asked if R-l, R-2, R-3 and R-4 should be removed from the Official Plan City Wide. Ms. Wasilka also requested that when the Committee deals with the Central Frederick Neighbourhood that a recorded vote be taken. Mr. Rupert Anderson, 284 Clifton Road, appeared as a delegation in regard to the North Ward Neighbourhood Secondary Plan along with Mr. Jim Hodges. Mr. Anderson stated that on the past weekend home owners in the area of Guelph, Clifton, Ash, Birch, Maple and Union Streets had been surveyed and 96 out of 140 questionnaires had been returned. He noted that 100% of respondents favor R-4 zoning rather than R-5. He then read a number of the responses which oppose the proposed changes. Mr. Anderson stated that the neighbours feel they deserve what they bargained for which is Low Density Conservation to preserve single detached dwellings and not duplex, lodging houses and multiple dwellings. Councillor B. Stortz read the preamble to the petition that the delegation had circulated and pointed out that it contained a reference to slums in conjunction with the Provincial Intensification Legislation. Mr. Paul Lehman, 388 Breithaupt Street, appeared as a delegation in regard to the North Ward Secondary Plan and submitted a copy of signatures on a petition from a number of the owners of Breithaupt Street advising that they are in agreement with the proposed changes to the Secondary Plan for the North Ward Neighbourhood. Ms. Catherine May, 404 Breithaupt Street North, appeared as a delegation in regard to the North Ward Neighbourhood Secondary Plan. She advised that recently she had spoken to a lot of residents regarding the M-1 zoning and it was her view they wish it to remain as residential and not M-1. Ms. May expressed concern with repair services which would likely tend to grow with an M-1 zoning and pointed out that the Ontario Municipal Board had refused a Zone Change Application for 376 Breithaupt Street that would have allowed repair services as a permitted use. Ms. Sally Gunz, 47 Peter Street, appeared as a delegation in regard to the Cedar Hill Neighbourhood Secondary Plan. Ms. Gunz stated that with reference to the decisions made at the November 29th meeting the Cedar Hill Area did not wish lodging houses included in the Secondary Plan. With overhead projection, she illustrated photographs of houses in the area that illustrate how similar Cedar Hill is to other areas of the City. In conclusion, she pointed out how the Committee had accepted three arguments that would justify treating other areas different, being: they don't like lodging houses, they don't want lodging houses and that therefore it wasn't fair to include lodging houses in their area. Ms. Gunz asked that no further compromise be undertaken. Dr. James Kay, 57 St. George Street, appeared as a delegation to support intensification. He commented that the process to amend the Official Plan has been good but it was unfortunate that the lodging house issue arose. Dr. Kay indicated that he had a concern in that if intensification was not accepted it would promote discrimination as PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 231 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) classes of people would be kept out of the area. In particular, he asked that focus be on housing types relative to intensification and not on what people would be drawn to the area as a result. In summary, Dr. Kay stated that he felt the planning process that has been followed represents sound direction for the City. Mr. Steve Grant, Madorin Snyder, 235 King Street East, appeared as a delegation on behalf of Paul Tuerr. He indicated that he had no objection to the matters under consideration but would like to make general comments on the process related to Stage 6 of the Comprehensive Zoning By-law. He indicated that he would like an understanding and to ensure that any recommendations are limited to those areas which the Stage 6 process relates to and that therefore intensification not be permitted in those areas to which it doesn't relate. Also, he asked that the same planning process be followed when Stage 7 of the Comprehensive By-law is dealt with. Further, he commented that he did not want the planning process jeopardized in the Stage 7 process noting that the purpose of Secondary Plans was to allow areas to develop separately. In summary, he recommended the Committee follow through with the process that has been developed and he referred to a recent newspaper article concerning intensification and suggested that it not be assumed intensification was appropriate for every area of the City. Mr. P. Britton, MacNaughton Hermsen Britton Clarkson Planning Limited, 171 Victoria Street South, appeared as a delegation with regard to the presentation he made on behalf of his clients at the November 29th meeting concerning the J.M. Schneider Inc. lands, the zoning relative to 723 - 765 King Street West and the clarification relative to the CP/Grand River Railway lands, all as summarized in the November 29th meeting minutes. With regard to the matter of process, Mr. Britton requested that if deliberations this date were deferred, he asked that the Committee pass a resolution dealing with the CP lands and the William Knell lands as those lands have been subject of a deferral from the existing Victoria Park Secondary Plan. Mr. Michael Brisson, appeared as a delegation with regard to the issue of minimum lot area for street town houses as discussed in Staff Report PD 117/93. He stated that he had raised this matter with staff and with Mr. John MacDonald. In this regard, he re-emphasized his previous correspondence to the Committee and pointed out that there was a problem in the Proposed By- law regarding the minimum lot area as its need to be reduced by a significant factor if not eliminated all together because height and setback criteria control this issue. To simplify the issue, he stated that he would advocate that the City intensify by dividing land rather than by dividing buildings and that as many people could be housed in small houses as in apartments. He noted that the problem with minimum lot area had come to his attention as a result of his work with the Main Street Advocacy Group. As an example, he referred to CR-1 zoning on Frederick Street and noted that the difficulty if you wish to add houses on the streets if you are in a CR area and you want to create street town houses you can create them if you have street frontage but the minimum lot area kills this possibility. Mr. Brisson asked that before Council makes a decision on this matter that staff consider the issue he had raised. The Committee then dealt with the revisions to the recommendations requested by Ms. C. Ladd this date respecting a minimum distance separation factor for lodging houses and application of the Low Density Conservation - A designation within the Central Frederick Neighbourhood. Ms. C. Ladd explained how lodging houses came to be included in the Plans and it pointed out that the decision was made after the open houses but was dealt with in the advertisement for the Official Public Meeting to consider this matter. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 232 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) Councillor B. Stortz stated that he felt a 400 metre distance separation was appropriate for lodging houses and would provide equity as to their distribution and that he does recognize an over concentration of lodging houses would not be beneficial. Councillor T. Galloway stated that he generally supported the distance separation factor and pointed out that there were a number of lodging houses in and around Conestoga College. He stated that Conestoga College plans to develop housing and assumes such lands would be zone institutional and would not be affected which Mr. T. McCabe confirmed. On motion it was agreed that all Secondary Plans be amended to include the minimum distance separation factor for lodging houses and the Low Density Conservation Category and the Low Density Conservation - A Category. Mr. T. McCabe commented that the City must now move forward with its lodging house licencing process and commented that while there were staffing implications he did not see any need for additional staff to accommodate the process. Further discussion of lodging houses took place and Ms. C. Ladd clarified that the Low Density Conservation A Designation will include lodging houses in the North Ward but would not permit multiple dwelling units. In response to Councillor J. Smola she advised that staff researched 46 properties in the North Ward and found that only one did not have the ability to convert to a duplex or lodging house. Mr. T. McCabe referred to the concern expressed with regard to 4.5 metre setbacks. Ms. C. Ladd advised that based on the resolution passed by LACAC, staff have researched the inner-city and found several factors that make it difficult to implement a setback based on adjoining properties. She noted that there was an overall lack of uniformity and that setbacks vary from very small upward to various lengths. She pointed out that there was a general provision that would allow a new dwelling to locate closer to the street with the objective of preserving streetscape. Also she pointed out that there was a problem in this regard as City did not have surveys for many properties and did not have information on actual setback. In summary, Ms. Ladd stated that there have not been significant pressures regarding the setback issue which can be accommodated with the provisions as written and that staff do not see a major benefit to changing the 4.5 metre setback. Councillor M. Wagner stated there should be an understanding that facades would be preserved and that staff would monitor the situation and act on the matter should a problem be identified. At this point, the Chairman advised that the recommendations relative to each individual Secondary Plan would be dealt with as setout in the recommendations contained in Staff Reports PD 104/93 and PD 117/93 along with whatever further revisions the Committee was prepared to support. A. OPA 88/7 - Mill CourtlandANoodside Park Neighbourhood Secondary Plan. Mr. L. Masseo advised the Committee that there was an outstanding issue with regard to 530 Mill Street as setout on Page 214 of the November 29th meeting minutes. Mr. Masseo advised that to meet the owner's requests a special provision would be required to allow auto repair/triplex use and that staff do not support the request based on over development and permitting incompatible uses. He advised that the matter has been discussed with the applicant and pointed out that the applicant has the ability to develop a use under the current by-law. He commented that it was his assumption the matter was no longer an issue with the applicant and recommended the Committee proceed notwithstanding that it had earlier agreed to defer the matter to the December 13th Council Meeting. Ms. C. Ladd suggested that the applicant may yet approach Council on the matter. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 233 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) The recommendations in Staff Reports PD 104/93 and PD 117/93 were then considered. On motion by Councillor M. Wagner, it was resolved: That City Council approve Official Plan Amendment 88~7 (Mill CourtlandANoodside Neighbourhood Secondary Plan) as outlined: Park SECTION 4 - THE AMENDMENT The Official Plan for the City of Kitchener is amended as follows: 1. Section IV. 11, "Comprehensive Planning Principles and Policies -Policies for Specific Areas" is amended by deleting Policy xxxvi). 2. The following policies are added to the Official Plan as a Secondary Plan for the Mill Courtland-Woodside Park Neighbourhood: 4.1 GENERAL POLICIES 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 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. 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 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. 4.1.4 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 234 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.2 TRANSPORTATION 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 Areas" are amended to show the classification of roads within the Mill Courtland-Woodside Park neighbourhood as designated on the attached Schedule "A". 4.2.2 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 4.3.2 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". 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 4.4.2 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 235 - DECEMBER 6, 1993 = PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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: 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 236 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 4.4.5 4.4.6 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 237 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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 within the same building. Personal services and small convenience retail must be internal to a large residential, commercial, or mixed use building. 4.4.8 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, PLANNING & ECONOMIC - 238 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.4.9 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 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 239 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (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. 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 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. 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 PLANNING & ECONOMIC - 240 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.5 SPECIAL POLICIES 4.5.1 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. 4.5.2 Notwithstanding the Neighbourhood Institutional designation which applies to the property at 409 Mill Street, a large residential care facility shall be permitted. 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 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. 4.5.6 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE 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 - 241 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.5.7 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. 4.5.8 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. 4.5.9 Subject to the General Industrial designation, food processing including packaging, warehousing, distributing, slaughtering, eviscerating, rendering or cleaning of meat, 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. 4.5.12 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. PLANNING & ECONOMIC - 242 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.5.13 Notwithstanding the High Density Commercial Residential designation applied to the lands located at 48 Preston Street, a free-standing printing establishment shall be permitted. 4.5.14 Notwithstanding the Low Density Commercial Residential designation, a Holding Provision shall apply to certain properties fronting onto Benton Street in the immediate vicinity of the proposed Queen-Benton Diversion as identified in the Zoning By-law. Conversions of existing buildings will only be permitted in compliance with the regulations of the implementing Zoning By-law and redevelopment shall be withheld until such time as notification by letter is received from the Regional 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. OPA 88~9 - North Ward Neiqhbourhood Secondary Plan. Mr. Kevin Curtis commented on the mixed industrial/residential zoning and the residential zoning. Mr. T. McCabe pointed out that Ms. C. May had objected to the M-1 zoning as its relates to a repair use but he pointed out that the repair definition does not include repairing motor vehicles. He also pointed out that a petition has been received from seven property owners supporting the M-1 zoning. Councillor J. Smola stated that he wished to retain the revision agreed to on Page 216 of the November 29th meeting minutes relating to R-5 zoning being changed to R-4. Councillor M. Yantzi commented that an alternative to this was a compromise with the R5A zoning which does allow for limited redevelopment up to two units. Councillor B. Stortz stated he was also in favor of the R5A approach and that the compromise was appropriate. Councillor M. Wagner commented that he has heard concerns from the neighbourhoods that the City doesn't impose and maintain property standards and as a result people are cynical and apprehensive on the issue of intensification. He commented that they feel the City should be doing something to regain faith relative to this matter and that it must be addressed. Councillor J. Smola stated that the intent of the zoning process was to deal with intensification in the downtown area but that the pocket of lands under discussion in the North Ward was not close to the downtown. A motion by Councillor J. Smola that Map #28 of the Zoning By-law be changed so as to provide that the lands be shown as R4 rather than R5 zoning was voted on and lost. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 243 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) On motion by Councillor B. Stortz, it was agreed that Low Density Conservation - A replace Low Density Conservation Land Use Designation in the North Ward to include lodging houses but eliminate multiple dwellings and that the Zoning By-law be revised to accommodate this. The recommendation in the Staff Report PD 104/93 was then considered and it was agreed to revise Section 4.2.1 of the Secondary Plan so as to replace the Low Density Conservation Land Use Designation with Low Density Conservation - A Designation to provide for the inclusion of lodging house but delete multiple dwellings containing a maximum of three dwelling units and that the Zoning By-law be revised with respect to the R5 zone to accommodate this and that Schedule "A" in the Secondary Plan also be revised with respect to the change of designation. On motion by Councillor B. Stortz, it was resolved: 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: 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. 4.1.6 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". 4.1.7 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". 4.1.8 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. PLANNING & ECONOMIC - 244 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.2 LAND USE DESIGNATIONS 4.2.1 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. 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 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. 4.2.3 Low Density Multiple Residential 4.2.4 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 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. 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 245 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.2.5 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 4.2.6 4.2.7 4.2.8 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 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. 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. 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. Open Space Permitted uses are restricted to major community scale parks, conservation areas, hazard lands, cemeteries, crematoriums, mausoleums, outdoor recreation and golf courses. 4.3 SPECIAL POLICIES 4.3.1 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 246 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.3.2 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. 4.3.3 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. 4.3.4 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. 4.3.5 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. 4.3.6 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 City. C. CPA 92/14 - Kinq Street East Neiqhbourhood Secondary Plan Ms. C. Ladd advised that there were no outstanding issues with respect to the Secondary Plan and Proposed Zoning By-law. Councillor B. Stortz advised that he would like to discuss the possibility of extending the Low Density Conservation Designation on Duke Street closer to Madison Avenue and requested that staff consider this issue before the December 13, 1993 Council Meeting. The recommendation in Staff Report PD 104/93 was then dealt with. On motion by Councillor J. Ziegler, it was resolved: 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; 2. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 247 - DECEMBER 6, 1993 PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 248 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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, redevelopment within this designation shall obtain access from Weber Street East. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 249 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 250 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.2.8 Nei.qhbourhood Institutional 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 251 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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 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. 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; PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 252 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. D.OPA 92/15 - Cedar Hill Neiqhbourhood Secondary Plan Sta,qe 6 Amendment The Committee was advised that there were no outstanding issues respecting the Secondary Plan and Proposed Zoning By-law. The recommendation in Staff Report PD 104/93 was then dealt with. On motion by Councillor M. Yantzi, it was resolved: 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 253 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 254 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 255 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 256 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 257 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 4.5 SPECIAL POLICIES 4.5.1 Notwithstanding the Low Density Conservation land use designation, on the lands located 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. E.OPA 92/16 - Central Frederick Neighbourhood Secondary Plan Stage 6 Amendment Ms. C. Ladd advised that there were two issues relative to the Secondary Plan and Zoning By-law. Firstly, she stated that under the Low Density Conservation A Designation it has been recommended that lodging houses be included as a permitted use and a related change be made to the Proposed Zoning By-law that would provide for such use under the R-5A zone. In reference to the Kraushaar lands she advised that staff recommend a special regulation relative to building height on Frederick/Bingeman Streets. Councillor B. Stortz advised that the neighbourhood supports the recommendations relative to height; however, he requested that the suggestion of Mr. P. Bufe for Low Density Conservation Designation on the Kraushaar lands be flagged for further discussion. Mr. B. Stanley advised that this originates from the existing Secondary Plan and it was appropriate for that area. Ms. C. Ladd advised the Committee that another outstanding issue was as a result of the Wasilka delegation in which it was suggested that it was not as much uses that were a concern as regulations and that Mr. Wasilka had suggested higher regulations be applied as a solution to control conversions. The recommendation in Staff Report PD 104/93 was then considered and it was agreed to revise the Plan so as to include lodging houses in the Low Density Conservation - A Designation and undertake a related revision to the R5 zone in the Proposed Zoning By-law. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 258 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) On motion by Councillor B. Stortz, it was resolved: 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 259 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 260 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 261 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 262 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 263 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 & ECONOMIC DEVELOPMENT COMMITTEE - 264 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) Other types of sales outlets will be permitted where, because of their function or space requirements, they 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 265 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 266 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 267 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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; 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 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. 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 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. and F.OPA 92/17 - Victoria Park Neiqhbourhood Secondary Plan 5 Year Review Ms. C. Ladd advised that a delegation this date had raised a concern with regard to 384 - 402 Queen Street South and staff would recommend that this property be deferred from the recommendation and dealt with at the December 13, 1993 Council Meeting. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 268 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) Councillor M. Yantzi again disclosed a conflict of interest and abstained from all discussion relative to the Victoria Park Neighbourhood Secondary Plan and related Floodplain Policies as he resides in the area. Ms. Ladd noted that in respect to Mr. Pawlowski's delegation to advise that the open space designation in Victoria Park was an error staff advise that it was not in error and that the lands were located in the floodway and were zoned in accordance with Provincial Floodplain Policies. Further, she noted that Mr. P. Britton had made submissions concerning the C.P./Knell's Hardware lands and that at the November 29th Committee Meeting the Committee had agreed to accept clarifications relative to the Plan and Zoning By-law. The recommendations in Staff Reports PD 104/93 and PD 117/93 were then considered. The revisions in PD 117/93 were agreed to as well as the revision listed on Page 206 of the November 29th meeting minutes concerning 55 & 69 Joseph Street resulting in a change to Policy 4.6.4 and the addition of a new Policy 4.6.13 as well as a related change to the Zoning By-law. Also, a minor revision was agreed to with respect to the Knell's Hardware/C.P. lands referred to on Page 207 of the November 29th meeting minutes involving a mapping change only and a slight expansion of the R-7 zoning. Also, it was agreed that 384 - 402 Queen Street South be deferred at this time and considered at the December 13, 1993 Council Meeting. On motion by Councillor G.L. Leadston, it was resolved: That save and except for the property known as 384-402 Queen Street South which is referred to the December 13, 1993 Council Meeting for consideration, 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 269 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.5 LAND USE DESIGNATIONS PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 270 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 PLANNING & ECONOMIC - 271 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC - 272 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 273 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.5.10 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 274 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 4.5.11 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 275 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 276 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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 November 1993. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting respecting the Victoria Park Secondary Plan and related Zoning Amendment. G.OPA 92/18 - K-W Hospital Neiqhbourhood Secondary Plan 5 Year Review Ms. C. Ladd advised that at the November 29th Committee Meeting it had been agreed to allow building additions up to 20% pertaining to the properties from 723 - 765 King Street West. The recommendations in Staff Reports PD 104/93 and PD 117/93 were then considered. The revisions in PD 117/93 were agreed to as well as a revision to the Zoning By-law to allow for construction of additions up to 20% gross floor area. On motion by Councillor J. Smola, it was resolved: 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 PLANNING & ECONOMIC - 277 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 278 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 279 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 & ECONOMIC DEVELOPMENT COMMITTEE - 280 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 281 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (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. 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 permitted. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 282 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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 In addition to noxious uses are prohibited to prevent incompatibility with surrounding development. 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 PLANNING & ECONOMIC - 283 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. 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; 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 284 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. H.OPA 92/23 - Victoria Street Secondary Plan Sta,qe 6 Amendment Ms. C. Ladd advised that there were no outstanding issues concerning this application. The recommendations in Staff Reports PD 104/93 and PD 117/93 were then considered. The revisions in PD 117/93 were agreed to. On motion by Councillor M. Yantzi, it was resolved: 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 285 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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". PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 286 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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 supportservices, health offices, health clinics, medical laboratories, religious PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 287 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 288 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. I.OPA 93/4 - Civic Centre Neiqhbourhood Secondary Plan 5 Year Review Mr. L. Masseo advised that there was only one issue outstanding and that related to the Zion United Church properties in which it had been agreed to defer consideration until the December 13, 1993 Council Meeting. Mr. Masseo clarified the policy that staff recommend and pointed out that it was simply a design constraint and that staff still recommend it be adopted. Mayor D.V. Cardillo advised that he had been contacted regarding the property at 36 Ellen Street East and he would suggest the designation be changed to general office use. Mr. B. Stanley referred to a special policy area designation on the map relative to this property which has a long history that goes back to the original Civic Centre Plan. At that time it was proposed that property on Ellen Street be developed with offices but this was never debated. At the Ontario Municipal Board Hearing an objection was raised by the neighbourhood and during a 6 - 8 month intervening period a building permit was issued for a medical office at 36 Ellen Street East. Office use was deleted by the Ontario Municipal Board and Medium Density Residential Designation put in place; however, the medical office was permitted on the basis of the building permit. In summary, staff feel that it was premature to open the area up and that there was a problem that if the request was agreed to there would be two other properties that would also want office designation. He suggested that the property be left as is and reviewed when the next plan review comes up. Councillor B. Stortz also provided comments on development of this Ellen Street property. A motion by Mayor D.V. Cardillo to approve a special policy and special use provision for office use at 36 Ellen Street was voted on and lost. Councillor B. Stortz advised that he was meeting with representatives of the Zion United Church on December 10th. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 289 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) Councillor B. Stortz referred to 18 Roy Street and a Zone Change Application that had been filed to down zone the property. Ms. Ladd advised that the property was designated High Density Commercial Residential and was now considered a conversion building. The recommendations in Staff Reports PD 104/93 and PD 117/93 were then dealt with. The revisions in PD 117/93 were agreed to and it was agreed to defer Zion United Church lands for consideration at the December 13, 1993 Council Meeting. On motion by Councillor B. Stortz, it was resolved: That save and except for the property of Zion United Church fronting on Weber Street extending to Roy Street which is referred to the December 13, 1993 Council Meeting for consideration, 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 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 290 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 291 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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. 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 292 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 facilities, funeral homes, financial establishments, educational establishments, religious institutions, medical laboratories, studios 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 293 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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: 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 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 294 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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. All access to Service Commercial properties shall be from Victoria Street North only with no access permitted to Hermie Place. PLANNING & ECONOMIC - 295 - DECEMBER 6, 1993 DEVELOPMENT COMMITTEE 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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, 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 PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 296 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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 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). 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. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 297 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 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; 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. It is the opinion of this Committee that the approval of this Amendment is proper planning for the City. J.Zone Chan.qe Application 92/26/TC/CL The recommendations in Staff Reports PD 104/93 and PD 117/93 were then considered. The revisions proposed in PD 117/93 were agreed to save and except sub-item "g" pertaining to 723 - 765 King Street West which was further revised with respect to additions not exceeding 20% of gross floor area. Also, in conjunction with revisions to Secondary Plans, a revision to the By-law relating to 55 & 69 Joseph Street was agreed to as well as the R5 zone being revised to add a new regulation relative to the location of lodging houses. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 298 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) On motion by Councillor B. Stortz, it was resolved: That, save and except for 384-402 Queen Street South and the Zion United Church lands fronting on Weber Street extending to Roy Street, 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: (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: 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. be approved, without conditions. 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. Councillor M. Yantzi previously disclosed a conflict of interest and abstained from all discussion and voting respecting portions of the zone change related to his residential property and neighbouring lands within Victoria Park. The Chairman advised that all of the recommendations approved this date would be considered by City Council at its meeting to be held on Monday, December 13, 1993. PLANNING & ECONOMIC DEVELOPMENT COMMITTEE - 299 - DECEMBER 6, 1993 6.PD 104/93 - 9 OFFICIAL PLAN AMENDMENTS FOR INNER CITY SECONDARY PLANS INCLUDING 3 FIVE YEAR REVIEWS. - ZONE CHANGE APPLICATION 921261TCICL. - STAGE 6 OF COMPREHENSIVE ZONING BY-LAW 85-1. - (NEW ZONES FOR RESIDENTIAL, MIXED USE AND EXISTING USE.) PD 117/93 -ADDENDUM TO PD 104/93. (CONT'D) 7.ADJOURNMENT On motion, the meeting adjourned at 6:50 p.m. L.W. Neil, AMCT Assistant City Clerk