HomeMy WebLinkAboutPSI Agenda - 2022-03-09Planning & Strategic Initiatives Committee
Agenda
Wednesday, March 9, 2022, 6:00 p.m. -10:00 p.m.
Electronic Meeting
Due to COVID-19 and recommendations by Waterloo Region Public Health to exercise physical
distancing, City Hall is open for select services. Members of the public are invited to participate in this
meeting electronically by accessing the meeting live -stream video at kitchener.ca/watchnow.
While in-person delegation requests are not feasible at this time, members of the public are invited to
submit written comments or participate electronically in the meeting by contacting
delegation@kitchener.ca. Please refer to the delegations section on the agenda below for registration
deadlines. Written comments will be circulated prior to the meeting and will form part of the public
record.
Accessible formats and communication supports are available upon request. If you require assistance
to take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994.
Chair: Councillor D. Chapman
Vice -Chair: Councillor P. Singh
Pages
1. Commencement
2. Consent Items
The following matters are considered not to require debate and should be
approved by one motion in accordance with the recommendation contained in
each staff report. A majority vote is required to discuss any report listed as
under this section.
2.1. None.
3. Delegations
Pursuant to Council's Procedural By-law, delegations are permitted to address
the Committee for a maximum of five (5) minutes. Delegates must register by
4:00 p.m. on March 9, 2022, in order to participate electronically.
3.1. None at this time.
4. Discussion Items
4.1. None.
5. Public Hearing Matters under the Planning Act (6:00 p.m. as advertised)
This is a formal public meeting to consider applications under the Planning Act.
If a person or public body does not make oral or written submissions to the City
of Kitchener before the proposed applications are considered, the person or
public body may not be entitled to appeal the decision to the Ontario Land
Tribunal and may not be added as a party to a hearing of an appeal before the
Ontario Land Tribunal.
5.1. Comprehensive Review of the Zoning By-law 120 m 3
(CRoZBy) Stage 2b - Applying New Residential
Zones on Properties - DSD -2022-088
(Staff will provide a 10 minute presentation on this matter.)
6. Information Items
6.1. None.
7. Adjournment
Daniela Mange
Committee Administrator
Page 2 of 519
StaliBeport
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Development Services Department www.kitchener.ca
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: March 9, 2022
SUBMITTED BY: Rosa Bustamante - Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Richard Kelly-Ruetz — Planner (Policy), 519-741-2200 ext. 7110
WARD(S) INVOLVED: All Wards
DATE OF REPORT: February 11, 2022
REPORT NO.: DSD -2022-088
SUBJECT: CRoZBy Stage 2b — Applying Residential Zones
RECOMMENDATIONS:
That City -initiated Zoning By-law amendment ZBA22/003/COK/RK to By-law 2019-051
(CRoZBy Stage 2b — Applying Residential Zones), be approved in the form shown in
the "Proposed By-law", attached to Staff Report DSD -2022-088 as Appendix A; and,
That in accordance with Planning Act Section 45 (1.3 & 1.4) that applications for minor
variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZBA22/003/COK/RK.
REPORT HIGHLIGHTS:
The purpose of this amendment is to bring residential properties from the old zoning by-
law into the new Zoning By-law 2019-051 to implement the Official Plan.
Since 2020, staff has led a thorough city-wide public engagement process which applies
updated residential zones to 54,000 of the city's residential properties.
Community engagement commenced in 2015 with initial notice letters and a series of
open houses related to the first stage of the Comprehensive Zoning By-law Review
(CRoZBy). This stage saw the application of the natural heritage conservation zone
(NHC-1) to properties, including those proposed to be "split zoned" between a residential
zone and the NHC-1 zone. Throughout 2020 and 2021, notice letters were sent to
property owners for properties proposed to be zoned residential and again to those
properties proposed to be split zoned residential and NHC-1 on a ward -by -ward basis. 4
open houses were held during this time. Opportunities for one-on-one conversations with
staff were also provided throughout the process.
We heard general support for the proposed residential and natural heritage conservation
zones. A key concern raised was the application of the Natural Heritage Conservation
(NHC-1) zone on private property and the potential limitations on what can be done with
these lands.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 3 of 519
EXECUTIVE SUMMARY:
Stage 2b of the City's Comprehensive Review of the Zoning By-law (CRoZBy) applies zones
from the new Zoning By-law 2019-051 to 54,000 mostly residential properties to implement
the City's Official Plan. For a significant majority of these properties, this rezoning is largely
an administrative process which will move the property from the old Zoning By-law 85-1 into
the equivalent zone in new By-law 2019-051. Less than 2% of properties are proposed to
receive more significant changes in zoning; each of these property owners were individually
contacted and offered the opportunity to engage with staff and provide comment on the
proposed zoning. The engagement process was conducted on a ward -by -ward basis
between 2020 and 2022. The application of the Natural Heritage Conservation (NHC-1)
zone on environmental features such as wetlands or woodlands received the most
comments during the engagement process; many residents requested clarification or voiced
concern about the NHC-1 zone and what it means for their property. Staff provided
responses and/or resolutions to comments received throughout the engagement process.
The proposed amendment to By-law 2019-051 as part of Stage 2b implements the City's
Official Plan in zoning and aligns with Regional and Provincial planning policy.
BACKGROUND:
Council endorsed a process to review the City's Zoning By-law in 2013 (CSD -13-067) and
the Comprehensive Zoning By-law Review process (CRoZBy) officially launched through
two statutory open houses in May/June 2014 (CSD -14-027). The primary purpose of
CRoZBy is to implement the Official Plan through the City's new Zoning By-law 2019-051.
The new Zoning By-law 2019-051 is being implemented in stages as follows:
• Stage 1 (2019) introduced the structure of the new Zoning By-law and applied zoning to
most non-residential properties. It was approved in April 2019 and came into full force
(except for one site-specific appeal) in December 2020.
• Stage 2a (2021) introduced the residential zone categories, permitted uses and
regulations. It was approved in May 2021 and came into full force in June 2021.
• Stage 2b (2022) is the subject of this report and applies zoning to approximately 54,000
properties designated primarily for residential uses in the Official Plan.
• Stage 2c (timing TBD) will zone a small number of properties which were previously
deferred from Stage 1, Stage 2a, or Stage 2b, and excludes MTSA areas.
Stage 2b includes the application of mainly residential and natural heritage conservation
zones to properties throughout the City. Since 2020, draft zones have been applied on a
ward -by -ward basis. Notification letters were sent to property owners and they were invited
to an open house. At the open houses, staff met with interested property owners to discuss
what the updated zoning meant for their specific property.
REPORT:
Purpose of CRoZBy Stage 2b — Applying Residential Zones
The primary objectives of CRoZBy Stage 2b are to bring residential properties from old
Zoning By-law 85-1 into new Zoning By-law 2019-051, apply new Natural Heritage
Conservation (NHC-1) zones, and provide more options in zoning to add additional housing
supply to our neighbourhoods.
Page 4 of 519
Table 1 outlines the general conversion chart between a residential zone in old Zoning By-
law 85-1 and the equivalent residential zone in new Zoning By-law 2019-051.
Table 1: Residential Zone Conversion Chart (85-1 zones to 2019-051 zones)
By-law 85-1 Residential Zone By-law 2019-051 Residential Zone
Residential One Zone (R-1) 4 RES -1
Residential Two Zone (R-2) 4 RES -1
Residential Three Zone (R-3) 4 RES -2
RES -3 (lots Fess than 15 metres wide
Residential Four Zone (R-4) 4 RES -4 (R-4 lots 15 metres or wider and
lots less than 10.5 metres wide)
Residential Five Zone (R-5).. 4 RES -4
Residential Six
.Zone
.(R-6) 4 RES -5
Residential Seven Zone (R-7) 4 RES -6
Residential Eight Zone (R-8)
Residential Nine Zone (R-9) RES -7
Impacts to Individual Properties
Over 54,000 properties are included in this amendment; most of their changes in zoning are
administrative in nature (98% of properties). A minority of properties (<2%) are subject to
more significant changes in zoning. Table 2 provides a specific example of an administrative
change and a significant change in zoning.
Table 2: Examples of changes proposed through CRoZBy Stage 2b
Example of administrative change in Example of more significant change in
zoning (98% of properties) zoning (<2% of properties)
• A property is currently zoned • A property is currently zoned
Residential Zone Three (R-3) in Residential Zone Three (R-3) in
Zoning By-law 85-1 Zoning By-law 85-1
• Based on the lot size and area, the • The zoning is proposed to be
zoning is proposed to change to the changed to Low Rise Residential
equivalent Low Rise Residential Two Two (RES -2) and Natural Heritage
(RES -2) in Zoning By-law 2019-051 Conservation (NHC-1) to recognize
existing natural features on the
property and to bring zoning up to
date with the Official Plan land uses.
Given the administrative nature of most of the proposed changes, staff's engagement
approach focused primarily on the approximately 2% of properties that were proposed to
have more impactful changes to zoning. These property owners were individually mailed
custom letters outlining the proposed changes to the zoning of their property and given the
opportunity to engage in the following ways:
• One-on-one phone call(s) or virtual meeting(s);
• Attend an open house which included an optional one-on-one meeting with staff; and,
• Submit comments about the proposed zoning on their property.
Page 5 of 519
To engage other property owners in the process, staff utilized a variety of tools such as
targeted social media ads, newspaper advertisements, and website updates. Examples of
social media ads are shown in Figure 1.
City of Kitchener 0 «..
Join us on Thursday, July 29 for an open house
to discuss the proposed zoning for wards 6, 7
and 81 See Morp
Kitchener zoning open house L [ZN CN
July 29 at 4 and 6 p.m.
Figure 1: Example of Instagram ad (left) and Facebook ad (right) from July 2021
Natural Heritage Conservation (NHC-1) Zone
The purpose of the Natural Heritage Conservation (NHC-1) zone is to recognize protected
natural features identified in our Official Plan and improve the transparency of the City's
Zoning By-law. The NHC-1 zone is already in effect in Kitchener's Zoning By-law 2019-051.
This zone protects and conserves Kitchener's significant natural heritage features located
on public and privately owned property including wetlands, woodlands, valleylands,
floodplains and environmentally sensitive policy areas. This zone implements the natural
heritage conservation policies and land use in Kitchener's Official Plan. The properties
proposed to be zoned NHC-1 contain environmental features that typically extend across
entire neighbourhoods such as woodlands orfloodplains. Recognizing these areas in zoning
helps ensure these features are conserved from development pressures over the long-term
and facilitate the continued existence and viability of Kitchener's natural heritage system.
Through Stage 1 of CRoZBy, the NHC-1 zone was applied to most of Kitchener's natural
heritage features except for lands that also have residential land use permissions. For
example, the Huron Natural Area was zoned NHC-1 in Stage 1. In the current stage of
CRoZBy, a feature such as the Carisbrook Natural Area is an example of an important
feature to be conserved whose extent is on both public and private lands.
Page 6 of 519
The concept of a Natural Heritage Conservation zone was first presented to the community
as part of the first draft zoning by-law in 2015. Since that time, it has been the subject of
most of the conversations between staff and property owners including through CRoZBy
Stage 2b (2020 — present). Key themes raised by property owners are:
• How the NHC-1 zoned portion of the property can be used, including the building and
maintenance of existing and new structures;
• The future market value of the property; and,
The limits of the NHC-1 (i.e. where the boundary of the zone is drawn).
Staff understands and appreciates the perspective of property owners that zoning
permissions currently in place in By-law 85-1 will change where it is replaced with By-law
2019-051's NHC-1 zone. It is natural and normal for property owners to be concerned about
perceived impacts such as property values or their own long-term plans for a property. Since
the introduction of the NHC-1 zone in 2015, staff has worked with property owners to
understand their concerns, communicate the intent and importance of this zone, and gather
additional information to help inform the boundaries of the NHC-1 zone on properties.
Individual meetings were held with property owners, site visits were conducted, and
information about existing tree conservation measures already in place on properties, where
relevant, were provided.
Generally, the NHC-1 zoning applies to properties where there are already restrictions or
conditions on development within, or in the buffer to, the natural feature on the property.
These restrictions/conditions are typically put in place when lots are created and can include
a "Tree Saving Plan," a Conservation Easement, or conditions in the Subdivision
Agreement. Due to the property owner's ability to obtain property title insurance in place of
a title search, property owners are becoming less aware of these conditions that, in most
cases, have been in place on their properties since the lot was first created. Applying the
NHC-1 zone on these areas not only implements the Official Plan, the Regional Official Plan,
and the Provincial Policy Statement, but it also provides a clear and transparent way to
communicate the intent of these lands, that being to conserve the natural feature. Table 3
summarizes the purpose of the NHC-1 zone.
Table 3: Purpose of the NHC-1 zone
What the NIHIC-1 zone is
What the NIHIC-11 isn't
Zoning recognition of existing natural features
Creation of new environmental features on a
on a property
property that do not already exist
Recognition that natural features exist on all
City "taking over" privately owned lands from
types of land (public and privately owned)
residents
Making zoning more transparent by indicating
Arbitrary rules to limit development or infill on
development potential is limited on NHC lands
private property
Page 7 of 519
Providing opportunities for additional housing supply
The proposed amendment to Zoning By-law 2019-051 applies updated residential zoning
throughout Kitchener and creates opportunities for increased housing supply. This zoning
includes as of right zoning permissions for up to three dwelling units on most residentially
zoned properties. Three units are currently permitted on most properties in Kitchener in the
form of a duplex plus a backyard home. This change allows more flexible configurations of
those three units and introduces further "gentle density" housing options within
neighbourhoods.
Additionally, the proposed amendment changes the zoning of 13 properties by adding
residential zoning permissions to align with the property's residential land use designations
in the Official Plan. For most of these 13 properties, the proposed zoning is RES -5 which
allows for a full range of residential dwelling types from single detached dwellings to multiple
dwellings up to 3 storeys in height.
Update — Residential Intensification in Established Neighbourhoods (RIENS) Study
The Residential Intensification in Established Neighbourhoods Study (RIENS) was
completed in March 2017 and provided recommendations regarding the zoning by-law and
other city -building tools and processes to insure compatible infill in established
neighborhoods. In May 2021, Stage 2a of CRoZBy (Report DSD -2021-42) provided a
summary of the status of each recommendation from RIENS. The following was concluded:
that the coreprinciples established through RIENS are or will be contained in
numerous important planning documents in Kitchener such as the new Zoning
By-law.
There were six (6) key recommendations from the RIENS study; staff notes thal
"Recommendation 2" of RIENS was partially intended to be implemented through Stage 2b.
This recommendation is outlined in Table 4.
Table 4: Recommendation 2 from RIENS
Consider through further study, whether or not certain areas that
have permissions for a variety of multiple dwelling housing forms
Recommendation 2 and which are predominantly the site of single detached dwellings
should be re -zoned to reflect the existing housing forms of the
neighbourhood.
This recommendation suggests that through further study, considerations should be given
to reduce the range of housing forms from current zoning permissions in order to better
reflect the existing built -form. Stage 2b is a City-wide initiative that includes updating zoning
for approximately 54,000 individual properties. Conducting a study to review and analyze
individual neighbourhoods and their existing built form is a process that is best suited to
having defined criteria and dedicated resources. Between 2020 and 2022, prioritization of
the Planning Division's work plan was done, with Council input at a workshop in August
2021. Through this, it was confirmed that a decision on Stage 2b of CRoZBy was of utmost
importance and should be prioritized for 2022/23.
Page 8 of 519
These factors made the practicalities of implementing RIENS Recommendation 2 through
Stage 2b of CRoZBy ultimately unfeasible. To advance CRoZBy and finalize the
implementation of the City's 2014 Official Plan, staff focused on ensuring the proposed
residential zoning on a property implements the high-level direction from the Official Plan,
which is residential zoning. The merits of changing zoning in consideration of the above-
mentioned RIENS recommendation remains a valid and worthy of further analysis. The
upcoming Official Plan Review (commencing in 2023) will include housing related studies
that will in part look at the role that existing neighbourhoods should play in accommodating
future housing.
Deferred Lands
There remain some lands in the city deferred from CRoZBy Stage 2b which will remain in
Zoning By-law 85-1 for the time being. These lands will be brought into By-law 2019-051 via
another City -led project or initiative or a future stage of CRoZBy. Table 5 provides examples
of deferred lands.
Table 5: Example of Deferred Lands
Deferred Lands
Neiahbourhood Plannina Review (NPR) & Maior Transit Station Area (MTSA) lands
Urban Growth Centre (Downtown,
Rosenberg Secondary Plan
North Ward Secondary Plan
Central Frederick Secondary Plan
Bridgeport East
Hidden Valley
Lower Doon
Planning Analysis
The recommended amendment to Zoning By-law 2019-051 as outlined above meets the
requirements of the Planning Act, conforms to the City's Official Plan (2014) and the Region
of Waterloo Official Plan (2015), and is consistent with the Provincial Policy Statement
(2020) and A Place to Grow (2019).
Provincial Policy Statement, 2020
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS promotes healthy, liveable
and safe communities through accommodation of a mix of residential types, including
additional dwelling units. Municipalities are to provide for an appropriate range and mix of
housing options, encourage the efficient use of land and resources, and promote
opportunities to accommodate a significant supply and range of housing options. The
proposed Zoning By-law amendment advances the objectives of and is consistent with the
PPS.
Page 9 of 519
A Place to Grow, 2020
A Place to Grow is the Province's plan for growth and development and it aims to support
economic prosperity, protect the environment, and help communities achieve a high quality
of life. The plan supports the achievement of complete communities that are designed to
meet people's needs for daily living throughout an entire lifetime. The plan prioritizes
intensification as well as a range and mix of housing options, including additional residential
units, to serve all sizes, incomes, and ages of households. The proposed Zoning By-law
amendment conforms to A Place to Grow by applying residential zoning that allows a full
range of residential dwelling types, increasing opportunities for intensification, and
facilitating the creation of more housing choices for people including opportunities to age in
place in their neighbourhoods.
Regional Official Plan, 2015
The Regional Official Plan (ROP) is the Region's guiding document for directing growth and
change. Several key goals are related to building vibrant urban places and fostering a strong
economy. Planning for an appropriate range and mix of housing choices for all income
groups is one of many objectives which work towards creating vibrant urban places. The
provision of a full and diverse range and mix of permanent housing is an important theme in
the ROP, and the plan requires that area municipalities such as the City of Kitchener provide
an appropriate range of housing forms, tenures, densities, and affordability to satisfy the
needs of current and future residents.
The proposed Zoning By-law amendment conforms to the ROP by applying residential
zoning that allows a full range of residential dwelling types and densities.
The ROP also includes a policy framework for a greenlands system the intent of which is to
conserve the Region's natural heritage system including Landscape Level Systems and
Core Environmental Features. The ROP requires that area municipalities designate and
zone Landscape Level Systems and Core Environmental Features in Official Plans and
Zoning By-laws.
The proposed Zoning By-law amendment conforms to the ROP by applying natural heritage
conservation zoning to conserve Landscape Level Systems and Core Environmental
Features throughout Kitchener.
City of Kitchener Official Plan, 2014
The City's Official Plan (OP) is the guiding document that contains goals, objectives, and
policies to manage and direct land use change in the City. The Official Plan includes three
residential land use designations, low density, medium density, and high density.
Collectively the residential land uses provide for a full range of housing options across the
city.
Section 7.C.3 and the natural heritage conservation land use designation of the OP
recognizes and includes a policy framework for the conservation of Kitchener's natural
heritage system. The residential zones and natural heritage conservation zone already in
place in Zoning By-law 2019-051 conforms to the OP and implements the above-mentioned
land use designations. The recommended Zoning By-law amendment applies zones to
properties throughout the City consistent with their respective Official Plan land use
designations.
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Table 6 outlines the zones within this amendment that are recommended to implement the
following Official Plan land use designations.
Table 6: Official Plan land use and recommended implementing zones
Official Plan land use
Low Rise Residential
Implementing Zones
RES -1 through RES -5
Medium Rise Residential
RES -6
High Rise Residential
RES -7
Natural Heritage Conservation
Natural Heritage Conservation (NHC-1)
The application of these zones conforms with the OP as it permits the use of land in a
manner that is contemplated by the residential land uses and natural heritage conservation
land use of the Official Plan.
In addition to the above, the recommended Zoning By-law amendment also introduces a
Future Use (FTR-1) zone. This zone is recommended to apply to lands that have an urban
land use designation in the Official Plan and may also be partially designated Natural
Heritage Conservation. Many of these properties, which will see urban uses in the future,
are not currently subject to development applications. It is through the development
application process that studies, such as an Environmental Impact Study, would be required
that would provide necessary information to assist with the delineation of the natural heritage
features on the property.
The FTR-1 zone will permit existing uses until such time as a development application is
made through which the property's zoning may change and urban uses could be established
on the portion of the property that is determined to be outside of the natural heritage features
and buffers. The FTR-1 zone conforms to the Official Plan, specifically policies 7.C.2.13
which requires that studies be submitted on lands where features of the natural heritage
system are present, and development is planned to occur. Policies within Section 17 of the
Official Plan, which reflect regulations in the Planning Act, provide for the use of the FTR-1
zone by enabling Zoning By-laws to be used to ensure the orderly development of land and
to be more restrictive than the policies in the Official Plan, that is not providing the full range
of uses or densities contemplated in the Official Plan land use.
The recommended Zoning By-law amendment also introduces a Rural (AGR -2) zone. This
zone applies to lands designated Rural in the Official Plan. The AGR -2 zone allows all types,
sizes and intensities of agriculture uses currently permitted in the Prime Agriculture (AGR -
1) zone and adds complementary compatible uses such as farm equipment sales and
equestrian establishment. This zone aims to encourage and support agriculture and
agriculture -related uses to help strengthen the viability of the local farm economy.
Page 11 of 519
Proposed Zoning By-law Amendment
The proposed Zoning By-law Amendment to Zoning By-law 2019-051 attached as Appendix
A, includes three broad categories:
1. Mapping updates to By-law 2019-051 to bring 54,000 properties (mostly residential)
from old Zoning By-law 85-1 into new Zoning By-law 2019-051;
2. Introduction of two new zones into By-law 2019-051 to maximize the number of
properties that can be brought from old Zoning By-law 85-1 into new Zoning By-law
2019-051; and,
3. Minor updates to regulations of By-law 2019-051 to ease implementation.
Mapping Updates
The primary objective of this amendment is to transfer most of the City's residential
properties from old Zoning By-law 85-1 into new Zoning By-law 2019-051. The base
residential zones (RES -1 through RES -7) of new By-law 2019-051 were approved by
Council in May 2021; this amendment seeks to apply these zones to individual properties.
This is primarily a mapping exercise and, as such, the amendment includes significant
changes to zoning mapping (officially called "Zoning Grid Schedules") which has the effect
of bringing these properties into By-law 2019-051.
There are a small number of non-residential properties included in the Amendment. There
are a variety of reasons for this such as:
• A property was "deferred" from Stage 1 of CRoZBy (non-residential zones, 2019) and
staff are now able to recommend zoning on the property; or,
• The property is identified as `residential' in the Official Plan but contains a non-
residential use most appropriate for a non-residential zone. For example, a
neighbourhood convenience store or small health clinic. These sites are best -suited
for small-scale commercial -type zones compatible with surrounding residential.
Overall, the following zones are proposed to apply to properties included within this Zoning
By-law amendment:
• Residential zones RES -1 through RES -7;
o Approximately 0.8% of the residential properties will also be zoned Natural
Heritage Conservation (NHC-1) to recognize existing natural heritage features
on the property;
• Future Use Zone (FTR-1). The FTR-1 zone will apply to properties where further
study is needed prior to development permissions being granted through the zoning
by-law;
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• A range of non-residential zones on a small number of non-residential properties.
Examples of these zones include:
• Local Commercial (COM -1)
• Open Space: Recreation (OSR-1) or Open Space: Greenways (OSR-2)
• Prime Agriculture (AGR -1)
Introduction of Two New Zones
There are two new zones being introduced through Stage 2b:
1. Future Use (FTR-1) zone — this zone applies to properties planned for future urban
uses but need further study and/or have natural features on them.
2. Rural (AGR -2) zone —this zone applies to properties designated `Rural' in the Official
Plan and allows a range of agricultural and agricultural -related uses.
Minor Updates to Regulations
As part of the amendment, minor changes are proposed to specific regulations of Zoning
By-law 2019-051 to ease implementation. Through the use of Zoning By-law 2019-051 over
the past couple of years, clarification to certain regulations have been identified.
The following are examples of minor changes proposed:
• Creating a definition of `Stacked Townhouse Dwelling and updating the definition of
`Electric Vehicle Supply Equipment'.
• Updating the building height regulations for accessory structures such as sheds to
be consistent with how it is currently calculated.
• Carry forward parking exemption from Additional Dwelling Units (Detached) within
800 metres of an LRT station, as approved by Council in June 2021 through an
amendment to By-law 85-1.
Department and Agency Comments:
Staff has actively worked with agencies such as the Region of Waterloo, Grand River
Conservation Authority (GRCA), the school boards, and gas & utility companies throughout
the development of the new Zoning By-law. Internal teams were engaged at various points
including Transportation, Building, and Engineering. Notice was also provided to all
agencies and public bodies as required under the Planning Act.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital Budget — The recommendation has no impact on the Capital Budget.
Operating Budget — The recommendation has no impact on the Operating Budget.
Page 13 of 519
COMMUNITY ENGAGEMENT:
This Zoning By-law amendment primarily utilized the themes of "INFORM" and "CONSULT"
from the City's Community Engagement Policy. This report has also been posted to the
City's website with the agenda in advance of the Council / Committee meeting. The following
summarizes the community engagement:
Community engagement began in 2015 with notification and a series of open houses
for all property owners whose land, or portions of land, that were proposed to be
zoned NHC-1. Since that time, staff have been meeting with individual property
owners to visit sites, and work through concerns. As part of this Zoning By-law
amendment for CRoZBy 2b, NHC-1 property owners were notified of any updates to
the zoning of their properties.
• All property owners, including those outlined in the point above, whose properties are
proposed to have a more substantial change in zoning (approximately 2% of all
properties) received an individual mailed notice with details of the proposed changes
and possible impacts to their properties. These notices invited property owners to
attend an Open House or meet with staff to ask further questions and to submit their
comments (if any). 914 letters were mailed.
Open Houses, drop-in sessions, and individual meetings were held between 2020
and 2022 for each of the City's 10 wards. Property owners had the opportunity to
meet 1 -on -1 with staff to discuss their property and ask questions of staff.
o Ward 1 — June 2021. 47 property owners participated or commented.
o Ward 2 — February 2020. 31 property owners participated or commented.
o Ward 3 — December 2021. 13 property owners participated or commented.
o Ward 4 — December 2021. 52 property owners participated or commented.
o Ward 5 — December 2021. 5 property owners participated or commented.
o Ward 6 — July 2021. 4 property owners participated or commented.
o Ward 7 — July 2021. 58 property owners participated or commented.
o Ward 8 — July 2021. 12 property owners participated or commented.
o Ward 9 & 10 — February 2022. 41 letters mailed to property owners.
Engagement remains in progress at the time of writing of this report.
Following the engagement opportunities with property owners, approximately 62
individual comments were received. Between the Open House(s) and this report,
staff focused on resolving and responding to each of these comments. Appendix C
is a general summary of engagement in each ward.
Page 14 of 519
PREVIOUS REPORTS/AUTHORITIES:
• Planning Act, R.S.O. 1990, c. P.13
• Growth Plan, 2020
• Provincial Policy Statement, 2020
• Regional Official Plan, 2015
• City of Kitchener Official Plan, 2014
• DSD -19-049 —New Zoning By-law (Stage 1)
• DSD -2021-042 — New Zoning By-law (Stage 2a) — Residential Base Zones
REVIEWED BY: Natalie Goss — Manager, Policy and Research
APPROVED BY: Justin Readman - General Manager, Development Services
ATTACHMENTS:
Appendix A — Proposed Zoning By-law Amendment
Appendix B — Notice of Statutory Open House and Public Meeting
Appendix C — Summary of Engagement by Ward
Page 15 of 519
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051 known as the
Zoning By-law 2019 for the City of Kitchener — CRoZBy Stage
2b — Applying Residential Zones)
WHEREAS it is deemed expedient to amend By-law 2019-051;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1. Schedules Numbers 1 through 297 of Appendix A of By-law Number 2019-051 are hereby
amended to add lands to By-law Number 2019-051 or amend the zoning of lands already
within By-law Number 2019-051, as shown in Attachment 1.
2. Section 1.1 of By-law Number 2019-051 is amended to read as follows:
"This By-law shall be known as the "Zoning By-law 2019-051" of the City."
3. Subsection 1.10 b) of By-law Number 2019-051 is amended to read as follows:
"Appendices A, C, D, and E form part of this By-law. Appendix B is included for
convenience of reference only and does not form part of this By-law."
4. Section 2.2.1 of By-law Number 2019-051 is amended by inserting the following row
thereto, to be inserted after the row containing "Prime Agriculture AGR -1":
Rural AGR -2
5. Section 2.2.1 of By-law Number 2019-051 is amended by replacing the bolded words
"Existing Use Floodplain (EUF) Zones" with the bolded words "Existing Use Floodplain
(EUF) and Future Use (FTR) Zones".
6. Section 2.2.1 of By-law Number 2019-051 is amended by inserting the following row
thereto, to be inserted after the row containing "Existing Use Floodplain EUF-1":
Future Use FTR-1
7. Section 3 of By-law Number 2019-051 is amended by adding the following definition
thereto, after "Dwelling, Single Detached" and before "Dwelling, Street Townhouse":
Page 16 of 519
"Dwelling, Stacked Townhouse — means the use of a building containing three or more
dwelling units attached side-by-side, with each of these dwelling units having at least one
dwelling unit above them, and where each dwelling unit has an independent entrance from
the exterior. Stacked townhouse dwelling shall not include a street townhouse dwelling."
8. Section 3 of By-law Number 2019-051 is amended by deleting the following definitions
therefrom and substituting the following therefor:
"Electric Vehicle Supply Equipment — means a complete assembly consisting of
conductors, connectors, devices, apparatus, and fittings installed specifically for the
purpose of power transfer and information exchange between the branch circuit and
electric vehicle.
Recycling Operation, Indoor — means the use of a building for the processing of waste
into re -usable materials.
Recycling Operation, Outdoor — means the use of a premises for the processing of
waste into re -usable materials."
9. Subsection 4.1 d) of By-law Number 2019-051 is amended to read as follows:
"For accessory buildings to single detached dwellings, semi-detached dwellings, and
street townhouse dwellings, with or without an accessory dwelling unit (attached), or
accessory dwelling unit (detached), and to multiple dwellings, the maximum height of the
underside of any fascia shall be 3 metres, the maximum building height shall be 5.5
metres, and the maximum lot coverage shall be 15 percent."
10. Subsection 4.12.2 b) of By-law Number 2019-051 is amended to read as follows:
"a maximum of one pedestrian entrance to the principal building shall be located on each
street line fagade, except where more pedestrian entrances are existing,"
11. Section 4.12.2 g) of By-law Number 2019-051 is amended to read as follows:
"two additional dwelling units (attached) shall only be permitted in existing buildings;
additions to an existing single detached dwelling must be attached to the rear of principal
building and shall not extend into any side yard farther than the extent of the existing
principal building and provided such addition does not exceed 25 percent of the existing
building's building floor area."
12. Subsections 4.12.3 of By-law Number 2019-051 is amended by modifying Subsections n)
and o) therefrom and subsequently inserting Subsection p) thereto:
Page 17 of 519
"n) an unobstructed walkway that is a minimum 1.1 metres in width shall be provided
from a street to the additional dwelling unit (detached). The walkway shall not be
located within a required parking space;
o) Despite Section 5.3.3 a) ii), where three parking spaces are required in accordance
with Table 5-3, two parking spaces may be tandem parking spaces; and,
P) Despite Section 5.6, where a lot is within 800 metres of a Light Trail Transit (LRT)
station as shown on Appendix E, no parking space shall be required for the
additional dwelling unit (detached)."
13. Section 4.14.10 b) of By-law Number 2019-051 is amended to read as follows:
"b) Steps and access ramps that exceed 0.6 metres above ground level shall be
located a minimum of 3 metres from a street line and a minimum of 0.75 metres
from an interior side lot line or rear lot line. Portions of steps and access ramps
located above the ground floor storey shall be located a minimum of 1.2 metres
from an interior side lot line or rear lot line."
14. Section 4.19 of By-law Number 2019-051 is amended to read as follows:
"Despite any maximum building height of more than 12 metres applying to any zone, the
building height shall not exceed 12 metres within 15 metres of a lot with a low-rise
residential zone. Where the low-rise residential zone within 15 metres permits a building
height of 14 metres, the building height shall not exceed 15 metres within 15 metres of a
lot with a low-rise residential zone."
15. Subsection 5.1 a) iii) of By-law Number 2019-051 is amended to read as follows:
"A change in the amount, size and/or location of parking spaces, driveways, or drive
aisles."
16. Subsection 5.2 f) of By-law Number 2019-051 is amended to read as follows:
"A parking space within the required minimum shall not be used to store or display motor
vehicles or major recreational equipment for sale or rental."
Page 18 of 519
17. Subsection 5.8 b) of By-law Number 2019-051 is amended to read as follows:
"Where parking spaces required for non-residential uses and large residential care facility
are not located within a building, a minimum of 17.5 percent of the parking spaces shall
be designed to permit the future installation of electric vehicle supply equipment and a
minimum of 2.5 percent of the parking spaces shall be electric vehicle parking spaces."
18. Table 5-6 of By-law Number 2019-051 is amended to read as follows:
Number of Parking Spaces Required
Number of Barrier -free Accessible Parking
Spaces Required
0
0
1-12
1 of total required parking spaces
13-100
4% of total required parking spaces
101-200
1, plus 3% of total required parking spaces
201-1000
2, plus 2% of total required parking spaces
1000+
11, plus 1 % total required parking spaces
19. Subsection 5.9 h) of By-law Number 2019-051 is amended to read as follows:
"On any lot where 0 parking spaces are required, Subsection a) though g) shall apply to
the number of parking spaces provided, where any are provided at all."
20. Table 7-1 of By-law Number 2019-051 is amended to add "Continuing Care Community'
as a permitted use in the RES -5, RES -6, and RES -7 zones, and to insert a row to this
effect in between "Lodging House" and "Hospice".
21. Subsection (5) of "Additional Regulations for Permitted Uses Table 7-1" of By-law Number
2019-051 is amended to read as follows:
"Permitted non-residential uses must be located within a multiple dwelling (despite the
definition of multiple dwelling in Section 3) and are limited in size in accordance with the
regulations in Table 7-6."
22. The "Minimum Front Yard or Exterior Yard Setback" in the RES -5 (3) zone in Table 7-5 of
By-law Number 2019-051 is amended to read as "4.5m (5)".
23. The "Maximum Building Height" in the RES -5 (3) zone in Table 7-5 of By-law Number
2019-051 is amended to read as 11.0m (6)".
24. "Additional Regulations for Cluster Townhouse Dwelling Units Table 7-5" of By-law
Number 2019-051 is amended by inserting Subsections (5) and (6) thereto:
"(5) For lands identified in Appendix D — Established Neighbourhoods Area, the minimum
and maximum front yard shall be in accordance with Section 7.6.
Page 19 of 519
(6) For lands identified in an Appendix C — Central Neighborhoods, the maximum building
height shall be in accordance with Section 7.5."
25. The "Minimum Front Yard or Exterior Yard Setback" in the RES -4 (6) and RES -5 (6) zone
in Table 7-6 of By-law Number 2019-051 is amended to read as "4.5m (8)".
26. The "Maximum Building Height" in the RES -4 (6) and RES -5 (6) zone in Table 7-6 of By-
law Number 2019-051 is amended to read as 11.0m (9)".
27. "Additional Regulations for Multiple Dwellings and Non -Residential Uses Table 7-6" of By-
law Number 2019-051 is amended by inserting Subsections (8) and (9) thereto:
"(8) For lands identified in Appendix D — Established Neighbourhoods Area, the minimum
and maximum front yard shall be in accordance with Section 7.6.
(9) For lands identified in Appendix C — Central Neighborhoods, the maximum building
height shall be in accordance with Section 7.5."
28. Table 7-7 of By-law Number 2019-051 is amended to add the portions of the below text
that are highlighted in grey, and delete portions of the below text with a strikethrough:
"Table 7-7: Lodging House, Hospice, Continuing Care Community, Small
Residential Care Facility and Large Residential Care Facility
Regulation
RES -1
RES -2
RES -3
RES -4
RES -5
RES -6
RES -7
Regulations
(1)
(1)
(1)
(1)
(1)
(1)
Additional Regulations for Table 7-7
(1) Where permitted in Table 7-1, sShall be in accordance with the regulations of the RES Zone
and dwelling type in which the lodging house, hospice or small residential care facility is
located. Where permitted in Table 7-1, aA large residential care facility and continuing care
communityshall be in accordance with the regulations of the RES zone for multiple dwellings."
29. Section 7 of By-law Number 2019-051 is amended by inserting Sections 7.5 and 7.6
thereto:
7.5 LANDS LOCATED IN APPENDIX C — CENTRAL NEIGHBOURHOODS
a) For permitted uses subject to this regulation, the maximum building height shall
be 9.0 metres for new buildings and additions to existing buildings that would
increase the building height by more than 1.0 metres, where the height of the
two principal buildings on both abutting lots is less than 6.5 metres. Where
there are vacant lot(s), abutting the affected lot, the height of the two principal
Page 20 of 519
buildings on the next adjacent lot with a low-rise residential zone are
considered.
7.6 LANDS LOCATED IN APPENDIX D — ESTABLISHED NEIGHBOURHOODS
AREA
a) For permitted uses subject to this regulation, the minimum front yard shall be
the established front yard minus one metre. In all other cases, the minimum
front yard shall be in accordance with the regulations table for the permitted
use. Despite the foregoing, no part of any building used to accommodate off
street parking shall be located closer than 6 metres to the street line; and,
b) The maximum front yard shall be the established front yard plus one metre. In
all other cases there is no maximum front yard."
30. "Section 7.5 Other Applicable Regulations and Sections" of By-law Number 2019-051 is
amended and renumbered to "Section 7.7 Other Applicable Regulations and Sections".
31. Table 10-1 of By-law Number 2019-051 is amended to add "(10)" immediately to the right
of the symbol "✓" for "Indoor Recycling Operation" in the EMP -1 and EMP -2 zone.
32. "Additional Regulations for Permitted Uses Table 10-1" of By-law Number 2019-051 is
amended by inserting new Subsection (10) thereto:
"(10) Shall not be a noxious use."
33. Section 12 of By-law Number 2019-051 is amended to add the portions of the below text
that are highlighted in grey, and delete portions of the below text with a strikethrough:
,SECTION 12 —Agriculture (AGR) Zones
The Agriculture zones apply to lands designated Prime Agriculture and Rural in
the Official Plan.
12.1 APPLICABLE ZONES
AGR -1: Prime Agriculture — the purpose of this zone is to protect the land base for
agriculture and support a thriving agricultural industry and rural economy.
AGR -2: Rural — the purpose of this zone is to permit a range of uses that support
rural and agricultural communities.
12.2 PERMITTED USES
No person shall, within any AGR zone, use or permit the use of any lot or erect,
alter or use any building or structure for any purpose other than those permitted
uses within Table 12-1 below.
Page 21 of 519
Table 12-1: Permitted Uses within the Agriculture Zones
Use
AGR -1
AGR -2
Additional Dwelling Unit (Attached) (3)
✓
✓
Agriculture
✓
✓
Agriculture -Related (1)
✓
✓
Equestrian Establishment
10m
✓
Existing Dwelling
✓
✓
Major Equipment Supply and Service (2)
✓
On -Farm Diversified Use (1)(3)
✓
✓
Pet Boarding
✓
Pet Services Establishment
✓
Single Detached Dwelling (3)
✓
✓
Additional Regulations for Permitted Uses Table 12-1
(1) The total area of land occupied by the use shall not exceed 2 percent of the
total lot area.
(2) Retail, service and repair of construction and large business machines shall be
prohibited.
{2-)(3) Shall be permitted as an accessory use to a principal agriculture use on a
lot.
12.3 REGULATIONS
The regulations for lots in an AGR zone are set out in Table 12-2 below.
Table 12-2: Regulations for Agriculture Zones
Regulation
AG RA
AGR -2
Minimum Lot Area (1)
40 hectares
40 hectares
Minimum Lot Width (2)
300 m
300 m
Minimum Front Yard
10m
10m
Minimum Side Yard
10m
10m
Minimum Rear Yard
10m
10m
Additional Regulations for Zone Regulations Table 12-2
(1) For existing lots with a lot area of less than 40 hectares, the minimum lot area
shall be the existing lot area.
(2) For existing lots with a lot width of less than 300 metres, the minimum lot width
shall be the existing lot width."
Page 22 of 519
34. Section 14 of By-law Number 2019-051 is amended to add the portions of the below text
that are highlighted in grey, and delete portions of the below text with a strikethrough:
"SECTION 14 — Existing Use Floodplain (EUF) and Future Use (FTR) Zones
The EXiStiRg Use FleedplaiR EUF-1 zone applies to lands designated Natural
Heritage Conservation in the Official Plan that are located within the floodway or
floodplain where there is existing development subject to flooding hazards.
The FTR-1 zone may be applied to any land use designation in the Official Plan
and is intended to apply to large undeveloped and/or under -serviced lots which
require further study }peri+oar^toCdevelopment and may also contain natural heritage
features. AIII loi-rcr dS With the F=XiStiRg Use Flee plain no oro 6 bjeGt to fho
fleediRg hazard nreVioieno of 17.2-A-.-
14.1
172 '1
14.1 APPLICABLE ZONES
EUF-1: Existing Use Floodplain — the purpose of this zone is to recognize
existing uses within a floodway or floodplain. All EUF-1 lands are subject to the
flooding hazard provisions of Section 17.2.1 of the Official Plan.
FTR-1: Future Use — the purpose of this zone is to permit existing uses until such
time as a future development application can ensure the orderly development of
land. This may include the delineation of any natural heritage features on the lot
and subsequent application of the NHC-1 zone on any of these features.
14.2 PERMITTED USES
No person shall, within any EUF or FTR zone, use or permit the use of any lot; or
erect, alter or use any building or structure for any purpose other than those
permitted uses within Table 14-1 below.
Table 14-1: Permitted Uses within the Existing Use Floodplain & Future Use
Zones
Use
EUF-1
FTR-1
Existing uses
✓
✓
The same type of use as the existing use
✓
A dwelling with the same or fewer dwelling units
than that existing on, and continually used since
the effective date of this By-law in a dwelling that
✓
was existing on the effective date of this By-law
14.3 REGULATIONS
The regulations for lots in an EUF-1 and FTR-1 zone are set out in Table 14-2
below.
Table 14-2: Regulations for Existing Use Floodplain & Future Use Zones
Page 23 of 519
For All Uses
Regulation
EUF-1
FTR-1 1
Minimum lot width
Existing lot width
Existing lot width
For Additions and Alterations to or ReDlacement of Existina Buildinas
Regulation
EUF-1
FTR-1
Maximum additional
25% of existing ground
building floor area
floor building floor area
Minimum front yard
4.5 m
Existing front yard
setback
setback
M i n i m u m exterior side
4.5 m
Existing exterior side
and setback
and setback
Minimum interior side
yard setback for a
1.2 m
building less than 9 m in
height.
Minimum interior side
yard setback for a
building between 9 m
2.5 m
and 10.5 m in height.
Minimum interior side
yard setback for a
6 m
building exceeding 10.5
m in height.
Minimum rear yard
7.5 m
Existing rear yard
setback
setback
14.4 UNDERGROUND PARKING FACILITIES
In an EUF-1 zone, pParking spaces, loading spaces, or drive aisles shall not be
located underground."
35. Site Specific Provision (74) of Section 19 of By-law Number 2019-051 is amended to read
as follows:
"Within the lands zoned NHC-1 and shown as affected by this provision on a Zoning Grid
Schedule of Appendix A, existing driveways, existing residential dwellings and any existing
buildings or structures accessory thereto shall be permitted."
36. Section 19 of By-law Number 2019-051 is amended by inserting the following "Site
Specific Provisions" thereto, as shown in Attachment 2, to be inserted in numerical order:
37. Section 20 of By-law Number 2019-051 is amended by inserting the following "Holding
Provisions" thereto, as shown in Attachment 3, to be inserted in numerical order:
Page 24 of 519
Maps
38. By-law Number 2019-051 is amended by adding "Appendix E" included herein within
Attachment 4.
PASSED at the Council Chambers in the City of Kitchener this day of , 2022.
Mayor
Clerk
Page 25 of 519
Attachment 1
Zoning Grid Schedules 1 through 297 of Appendix A
Page 26 of 519
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Attachment 2
Section 19 — Site Specific Provisions
Page 324 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(81)
(81) — Within the lands zoned EMP -1 and shown as affected by this provision on Zoning Grid
Schedule 83 of Appendix A, the following shall apply:
a) for all uses, a minimum of 1 parking space for every 45 square metres of gross floor area
shall be required;
b) research and development establishment and artisan's establishment shall be permitted
within the existing building;
C) office shall be permitted to occupy 65% of the gross floor area of the existing building;
and,
d) The maximum gross floor area of any individual unit of office and artisan's establishment
shall be 250 square metres.
City of Kitchener Zoning By-law 2019-051
Page 325 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(176)
(176) — Within the lands zoned RES -7 and shown as affected by this provision on Zoning Grid
Schedules 11 and 36, the building height shall not exceed 25 metres within 30 metres of a lot with
a low-rise residential zone.
City of Kitchener Zoning By-law 2019-051
Page 326 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(179)
(179) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 253 of Appendix A, a small residential care facility shall be permitted in accordance with
the regulations of the dwelling type in which the use is located.
City of Kitchener Zoning By-law 2019-051
Page 327 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(180)
(180) — Within the lands zoned INS -1 and shown as affected by this provision on Zoning Grid
Schedule 247 of Appendix A, only the following uses shall be permitted:
a) place of worship; and,
b) small residential care facility.
City of Kitchener Zoning By-law 2019-051
Page 328 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(181)
(181) — Within the lands zoned RES -3 and shown as affected by this provision on Zoning Grid
Schedule 247 and 248 of Appendix A, only the following uses shall be permitted:
a) single detached dwelling within the existing building;
b) one additional dwelling unit (attached) within the existing building; and,
C) accessory buildings or structures.
City of Kitchener Zoning By-law 2019-051
Page 329 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(182)
(182) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 35 and 43 of Appendix A, the following uses shall be permitted in accordance with the
regulations of the RES -5 zone:
a) single detached dwelling, with or without additional dwelling units (attached or detached);
b) semi-detached dwelling, with or without additional dwelling units (attached or detached);
and,
C) street townhouse dwelling, with or without additional dwelling units (attached or detached).
City of Kitchener Zoning By-law 2019-051
Page 330 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(185)
(185) — Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedules 30 and 48 of Appendix A, the following shall apply:
a) existing driveways, existing residential dwellings and any existing buildings or structures
accessory thereto shall be permitted; and,
b) expansion of existing buildings or accessory structures, to a maximum of 25% of the
existing ground floor footprint, shall only be permitted where a Tree Preservation and
Enhancement Plan has been approved by the City's Director of Planning. The maximum
building height of any expansion shall be 11 metres.
City of Kitchener Zoning By-law 2019-051
Page 331 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(186)
(186) — Within the lands zoned INS -1 and shown as affected by this provision on Zoning Grid
Schedules 206 and 207 of Appendix A, the permitted uses of the RES -5 zone shall also be
permitted in accordance with the regulations of the RES -5 zone.
City of Kitchener Zoning By-law 2019-051
Page 332 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(187)
(187) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 122 and 173, place of worship shall be permitted in accordance with the regulations
of the INS -1 zone in Section 11.
City of Kitchener Zoning By-law 2019-051
Page 333 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(190)
(190) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 153 of Appendix A, for a public use and/or utility, accessory outdoor storage shall be
permitted within any yard.
City of Kitchener Zoning By-law 2019-051
Page 334 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(191)
(191) — Despite the intent of the NHC-1 zone, within the lands zoned NHC-1 and shown as
affected by this subsection on a Zoning Grid Schedule of Appendix A, accessory buildings and
structures may be permitted, if appropriate as determined by the City's Director of Planning
through consideration of potential impacts to natural heritage features and ecological functions.
Where deemed appropriate, a Plan under the City's Tree Management Policy is to be completed,
submitted, approved, and implemented, as deemed necessary. In all cases, a pool shall not be
permitted.
City of Kitchener Zoning By-law 2019-051
Page 335 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(192)
(192) — Within the lands zoned FTR-1 and shown as affected by the subsection on Zoning Grid
Schedule 250 of Appendix A, agriculture shall be permitted in accordance with the regulations of
the AGR -1 zone and accessory buildings or structures shall be permitted within the boundaries
of this provision in accordance with the regulations of the AGR -1 zone.
City of Kitchener Zoning By-law 2019-051
Page 336 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(193)
(193) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 178 of Appendix A, health clinic shall also be permitted in accordance with the
regulations of the COM -1 zone.
City of Kitchener Zoning By-law 2019-051
Page 337 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(194)
(194) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 128 of Appendix A, a health clinic shall also be permitted, in accordance with the
regulations for non-residential uses in the RES -5 zone.
City of Kitchener Zoning By-law 2019-051
Page 338 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(195)
(195) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedules 127 and 128 of Appendix A, a maximum of two single detached dwellings with or
without up to 1 additional dwelling unit (attached) each shall be permitted on a lot, in accordance
with the following regulations:
a) the minimum lot area shall be 2.59 hectares;
b) the minimum lot width shall be 32.0 metres; and,
C) the minimum distance between dwellings shall be 7.6 metres.
City of Kitchener Zoning By-law 2019-051
Page 339 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(196)
(196) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 127 of Appendix A, a building may be located on a lot which abuts a lane having a
minimum width of 5.4 metres.
City of Kitchener Zoning By-law 2019-051
Page 340 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(197)
(197) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 140 of Appendix A, convenience retail, financial establishment, health clinic, personal
services and restaurant shall also be permitted in accordance with the Section 7, Table 7-1, Non -
Residential Uses specific permissions.
City of Kitchener Zoning By-law 2019-051
Page 341 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(198)
(198) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 127 of Appendix A, the minimum lot width shall be 3 metres and the minimum lot area
shall be the existing lot area.
City of Kitchener Zoning By-law 2019-051
Page 342 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(199)
(199) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedules 79 and 80 of Appendix A, the minimum lot width for a semi-detached dwelling or
multiple dwelling shall be 14.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 343 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(200)
(200) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 178 of Appendix A, veterinary services shall also be permitted in accordance with the
Section 7, Table 7-1, Non -Residential Uses specific permissions.
City of Kitchener Zoning By-law 2019-051
Page 344 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(201)
(201) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 178 of Appendix A, social service establishment shall also be permitted in accordance
with the RES -6 regulations for multiple dwelling and non-residential uses.
City of Kitchener Zoning By-law 2019-051
Page 345 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(202)
(202) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 140 of Appendix A, health clinic shall also be permitted within a building containing a
minimum of one dwelling unit, in accordance with the regulations for non-residential uses in the
RES -4 zone.
City of Kitchener Zoning By-law 2019-051
Page 346 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(203)
(203) — Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid
Schedule 232 of Appendix A, a driveway for the purpose of residential access shall be permitted.
City of Kitchener Zoning By-law 2019-051
Page 347 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(204)
(204) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 232 of Appendix A, the minimum lot area shall be 2,023.36 square metres and the
minimum lot width shall be 45.72 metres.
City of Kitchener Zoning By-law 2019-051
Page 348 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(205)
(205) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 140 of Appendix A, a commercial parking facility associated with a funeral home shall
also be permitted.
City of Kitchener Zoning By-law 2019-051
Page 349 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(206)
(206) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 127 of Appendix A, the minimum lot width shall be 3.0 metres.
City of Kitchener Zoning By-law 2019-051
Page 350 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(207)
(207) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 80 of Appendix A, the following regulations shall apply:
a) For a semi-detached dwelling, the minimum lot area shall be 222.97 square metres for
each semi-detached house;
b) For semi-detached dwelling, the minimum lot width shall be 7.32 metres for each semi-
detached house;
C) For semi-detached dwelling, the minimum corner lot width shall be 19.51 metres for each
dwelling and 12.19 metres for each semi-detached house;
d) The minimum setback for a semi-detached dwelling or part thereof, located on a lot which
abuts Bridgeport Road, shall be 5.7 metres;
e) A semi-detached dwelling shall be constructed with the following features in accordance
with the approved noise assessment report entitled Noise Impact Study, Development of
439 Bridgeport Road East, Kitchener, Ontario, dated January 13, 2012 and the associated
Noise Impact Study Addendum, dated February 21, 2012, both prepared by Conestoga -
Rovers and Associates:
i) a forced air ducted heating system suitably sized, designed for, and fitted with a
central air conditioning system,
ii) double -glazed windows (minimum 3mm panes, with 3mm air space), and
iii) acoustical door and window seals; and
f) A semi-detached dwelling or part thereof located within 12.19 metres of Bridgeport Road
shall be constructed along with a 2.25 metre high noise attenuation wall, in accordance
with the approved noise assessment report entitled Noise Impact Study, Development of
439 Bridgeport Road East, Kitchener, Ontario, dated January 13, 2012 and the associated
Noise Impact Study Addendum, dated February 21, 2012, both prepared by Conestoga -
Rovers and Associates.
City of Kitchener Zoning By-law 2019-051
Page 351 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(208)
(208) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 134 of Appendix A, the minimum lot width shall be 13.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 352 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(209)
(209) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 226 and 227 of Appendix A, the maximum building height for a multiple dwelling
located within 15 metres of the Lackner Boulevard street line shall be 14 metres, and the
maximum floor space ratio shall be 0.75.
City of Kitchener Zoning By-law 2019-051
Page 353 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(210)
(210) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 177 and 178 of Appendix A,
a) the minimum lot width shall be 13.2 metres;
b) the minimum rear yard setback shall be 7.0 metres for a multiple dwelling with a maximum
building height of two storeys (9.4 metres) above grade;
C) the minimum side yard setback from properties municipally addressed 165, 169, 175, 179,
185, 189, 195 and 199 River Road shall be 7.55 metres for a multiple dwelling with a
maximum building height of two storeys (9.4 metres) above grade;
d) the minimum westerly side yard setback shall be 5.95 metres for a multiple dwelling with
a maximum building height of 9.4 metres above grade;
e) the maximum building height shall be 11 metres for back-to-back townhouse dwellings
and shall be 9.4 metres for townhouse dwellings;
f) the maximum floor space ratio shall be 0.63; and
g) the maximum number of dwelling units shall be 76.
City of Kitchener Zoning By-law 2019-051
Page 354 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (211)
(211) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 80 of Appendix A, a maximum of eight (8) single detached dwellings shall be permitted
on one lot and the following shall apply:
a) the minimum lot area shall be 6,600 square metres;
b) the minimum front yard shall be 5.9 metres;
C) the maximum front yard shall be 9 metres;
d) the minimum side yard shall be 3 metres;
e) the minimum distance between dwellings shall be 2.4 metres;
f) the minimum setback from a dwelling to an internal, private roadway granting access to
individual dwellings shall be 6 metres;
g) the minimum lot width for each Vacant Land Condominium Unit shall be 14.1 metres; and,
h) The minimum lot area for each Vacant Land Condominium Unit shall be 443 square
metres.
City of Kitchener Zoning By-law 2019-051
Page 355 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(212)
(212) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 262 of Appendix A, two lots each having one single detached dwelling, with or without
additional dwelling units (attached or detached), shall be permitted fronting a 7.62 metre private
right-of-way providing access from Morrison Road.
City of Kitchener Zoning By-law 2019-051
Page 356 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(213)
(213) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 194 of Appendix A, one multiple dwelling having a maximum of five dwelling units shall
be permitted only in the building existing on the day of passing of By-law Number 94-183.
City of Kitchener Zoning By-law 2019-051
Page 357 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(214)
(214) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 220 of Appendix A, a day care facility shall also be permitted in accordance with the
INS -1 regulations of Table 11-2.
City of Kitchener Zoning By-law 2019-051
Page 358 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(215)
(215) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 238 of Appendix A, in addition to parking requirements for the dwelling unit and non-
resident employee, only one parking space shall be required for the health office of a dietician as
a home occupation and the required off-street parking may be arranged in tandem.
City of Kitchener Zoning By-law 2019-051
Page 359 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(216)
(216) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedules 268 of Appendix A, no buildings or structures shall be permitted including accessory
buildings, decks and pools.
City of Kitchener Zoning By-law 2019-051
Page 360 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(217)
(217) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedules 261 and 262 of Appendix A, the following shall apply:
a) Any building or structure, including accessory buildings, decks, pools, or retaining walls,
constructed after July 2, 2002, being the date of the passing of By-law No. 2002-133, shall
have a minimum setback from the easterly zone boundary of 9 metres; and,
b) To mitigate noise emanating from Highway 8, any residential dwelling constructed after
July 2, 2002, shall:
i) have a minimum setback from the southerly lot line of 33 metres;
ii) have a maximum building height of 7.5 metres between 33 metres and 39 metres,
from the southerly lot line, and shall not include a mezzanine, loft or similar
structure; and,
iii) have a central air conditioning system, double glazed windows and EW1 exterior
wall sections pursuant to the Underwriter's Laboratories List or equivalent material
as approved by the City's Chief Building Official.
City of Kitchener Zoning By-law 2019-051
Page 361 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(218)
(218) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 264 and 265 of Appendix A, the minimum setback for a residential dwelling from the
Fairway Road street line shall be 15.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 362 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(219)
(219) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 256 of Appendix A, a maximum of six dwelling units may be permitted and the minimum
lot width shall be 15 metres. No more than three dwelling units may be permitted until such time
as:
a) any new residential dwelling units have a central air conditioning system, double glazed
windows and EW1 exterior wall sections pursuant to the Underwriter's Laboratories List
or equivalent material as approved by the City's Chief Building Official; or,
b) a noise study certified by a professional engineer demonstrates that noise levels from
Fairway Road will not exceed the maximum levels specified by the Ministry of the
Environment in publication NPC -206 as amended from time to time; or,
c) a noise study certified by a professional engineer demonstrates that noise levels will not
exceed the maximum levels set out in clause b) above by the employment of measures to
mitigate noise and such measures are employed prior to occupancy of any new dwelling
unit.
City of Kitchener Zoning By-law 2019-051
Page 363 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(220)
(220) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 271, 272, 291, and 292 of Appendix A, the following shall apply:
a) Convenience retail and personal services (except dry cleaning), shall be permitted within
a multiple dwelling or a residential care facility. The maximum total gross leaseable
commercial space shall not exceed 20% of the gross floor area and such uses shall only
be permitted to be located on the ground floor. No single outlet shall exceed 225 square
metres.
b) The maximum permitted building height of a multiple dwelling shall be 12 metres, a private
patio area shall not be required for ground floor units abutting Fairway Road North, the
minimum setback to the Fairway Road North street line shall be 7.5 metres and the
maximum setback to Fairway Road North shall be 12 metres. Any multiple dwelling
located less than 12 metres from Fairway Road North (an arterial road) shall have a central
air conditioning system, double glazed windows and EW1 exterior wall type pursuant to
the Supplementary Standard SB -3 of the Ontario Building Code or equivalent material as
approved by the City's Chief Building Official.
City of Kitchener Zoning By-law 2019-051
Page 364 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(221)
(221) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 264 of Appendix A, the minimum front yard setback shall be 10 metres, the minimum
side yard setback shall be 2 metres, the minimum rear yard setback shall be 10 metres and the
maximum building height shall be 13 metres.
City of Kitchener Zoning By-law 2019-051
Page 365 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(222)
(222) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 264 of Appendix A, the minimum lot area shall be 1 hectare, the minimum lot width shall
be 81 metres, the minimum front yard setback shall be 64 metres and the maximum building
height shall be 13 metres.
City of Kitchener Zoning By-law 2019-051
Page 366 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(223)
(223) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 239 of Appendix A, the maximum number of dwelling units in a multiple dwelling shall
be five and the following uses shall not be permitted:
a) hospice;
b) lodging house;
C) an additional dwelling unit (attached) associated with a semi-detached dwelling; and,
d) street townhouse dwelling.
City of Kitchener Zoning By-law 2019-051
Page 367 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(224)
(224) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 264 of Appendix A, the minimum front yard setback shall be 7.5 metres, the minimum
side yard setback shall be 2 metres, and the maximum building height shall be 13 metres.
City of Kitchener Zoning By-law 2019-051
Page 368 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(225)
(225) — Within the lands zoned RES -2 on Schedule 264 of Appendix A, the minimum lot area shall
be 0.13 hectares, the minimum lot width shall be 88 metres, the minimum front yard setback shall
be 3.5 metres, the minimum westerly side yard setback shall be 13 metres and the minimum rear
yard setback shall be 2.3 metres.
City of Kitchener Zoning By-law 2019-051
Page 369 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(226)
(226) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 193 of Appendix A, the following shall apply:
a) the only form of multiple dwelling permitted shall be cluster townhouse dwelling, in
accordance with the following regulations:
i. the maximum building height shall be 9.0 metres, and residential buildings are
permitted to have a maximum of one -storey;
ii. parking shall be provided at a rate of 1.3 spaces per dwelling unit;
iii. off-street parking may not be located between any building fagade and Trafalgar
Avenue; and,
iv. fences with a height greater than 0.9 metres shall not be permitted between any
building fagade and Trafalgar Avenue.
b) additional dwelling unit (detached) and lodging house shall not be permitted.
City of Kitchener Zoning By-law 2019-051
Page 370 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(227)
(227) — Within the lands zoned FTR-1 and shown as affected by this provision on Zoning Grid
Schedules 162, 163, 204 and 205 of Appendix A, the following shall apply:
a) agriculture shall be permitted in accordance with the regulations of the AGR -1 zone; and,
b) bed and breakfast shall be permitted as a home occupation within a single detached
dwelling to a maximum of three bedrooms.
City of Kitchener Zoning By-law 2019-051
Page 371 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(228)
(228) — Notwithstanding anything else in this by-law, geothermal wells shall not be permitted on
lands affected by this provision.
City of Kitchener Zoning By-law 2019-051
Page 372 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(229)
(229) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 272 of Appendix A, no buildings or structures shall be permitted including accessory
buildings, decks and pools.
City of Kitchener Zoning By-law 2019-051
Page 373 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (230)
(230) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 270 of Appendix A, placement or construction of dwellings, sheds, containers, detached
garages, accessory buildings, indoor pools, outdoor pools, and any other building or structure and
storage and parking of vehicles, trailers, and major recreation equipment and any other outdoor
storage shall not be permitted on lands shown in Figure 1.
No IBuiildling, ,tructuires
.,. Storage or Parking Perrmlittedl
it pr Yi aw � w
i
Lot"Ltd
Lot'18
. Lot
Lit i7 I Trp Lot -
IS E 20
21Lot
Lot
Leat (30, 23
i'
'15
Lot F,
'14 //�//i%Q000/1/////// allo,
00ll�t
Figure 1
City of Kitchener Zoning By-law 2019-051
Page 374 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (231)
(231) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 271 of Appendix A, building or structures shall be not be permitted on lands shown on
Figure 1.
�, ... No Buildings or
Structures Perrnotted
i
ll �,
,., RES -4 / r
,r
(2311)
N 'K
Ro
�0��
Figure 1
City of Kitchener Zoning By-law 2019-051
Page 375 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(232)
(232) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 239 of Appendix A, the maximum number of dwelling units in a multiple dwelling shall
be five and the following uses shall not be permitted:
a) hospice;
b) lodging house;
C) additional dwelling unit (attached) in association with a semi-detached dwelling; and,
d) street townhouse dwelling.
City of Kitchener Zoning By-law 2019-051
Page 376 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(233)
(233) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 178 of Appendix A, the following regulations shall apply for multiple dwelling:
a) The minimum yard abutting the property municipally addressed as 45 Avon Road, for any
building or portion thereof, greater than one storey in height, shall be 58 metres.
b) The maximum building height shall be 10 storeys and 33.75 metres.
C) The minimum setback for surface parking shall be 3.8 metres from Avon Road street line.
d) A visual barrier shall be required between any surface parking and Avon Road street line.
e) The minimum yard abutting Frederick Street shall be 4 metres.
f) The minimum yard abutting from Avon Road shall be 3 metres.
g) The minimum setback from Avon Road shall be 5 metres for any portion of a building
greater than four storeys and less than ten storeys.
h) The minimum setback from Avon Road shall be 7 metres for the tenth storey portion of a
building.
i) The minimum yard abutting the property municipally addressed as 843 Frederick Street
shall be 9 metres.
j) A minimum of 0.5 bicycle parking spaces, which is either in a building or structure or within
a secure area such as a supervised parking lot or enclosure with a secure entrance or
within a bicycle locker, per dwelling unit shall be provided.
k) A minimum of 6 bicycle parking spaces, which are located in accessible and highly visible
locations near the entrance of a building and are accessible to the general public, shall be
provided.
1) The off-street parking rate shall be 1.2 spaces per unit, inclusive of 0.2 visitor parking
spaces per unit.
m) Prior to final site plan approval, the Owner shall pay to the City of Kitchener $25,000 for
improvement to Rosemount Park.
n) Prior to final site plan approval, the Owner shall pay to the City of Kitchener $25,000 to be
allocated for affordable housing.
o) This Site Specific Provision shall prevail over Section 4.19 (Transition to Low -Rise
Residential).
City of Kitchener Zoning By-law 2019-051
Page 377 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(234)
(234) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 42 of Appendix A, a health clinic with a maximum gross floor area of 83.7 square metres
shall also be permitted only within the building existing on March 29, 1999, and one parking space
for the health clinic shall be located no closer than 1.6 metres from the street line abutting Alice
Avenue.
City of Kitchener Zoning By-law 2019-051
Page 378 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(235)
(235) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 13 of Appendix A, the minimum easterly side yard setback shall be 1.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 379 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZ13y Stage 2b)
SECTION 19 — Site Specific Provisions
(236)
(236) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 13 of Appendix A, the minimum rear yard setback shall be 3 metres.
City of Kitchener Zoning By-law 2019-051
Page 380 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(237)
(237) — Within the lands zoned RES -4 and RES -5 and shown as affected by this provision on
Zoning Grid Schedules 11 and 12 of Appendix A, dwellings shall have a 23.5 metre setback from
the Ira Needles Boulevard street line.
City of Kitchener Zoning By-law 2019-051
Page 381 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(238)
(238) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 20 of Appendix A, the following shall apply:
a) no building or structure, including balconies and stairs, shall be located within 2.6 metres
of the defined area containing Region -owned piezometers, as shown on Figure 1;
b) the minimum westerly side yard setback shall be 4.6 metres;
C) the minimum southeasterly side yard setback shall be 22 metres;
d) the minimum rear yard setback shall be 21.5 metres;
Mme.
4- Piezometers
93
.4 M defined Area M
E ' 1 2.6 rn Buffer
/lll///%%/l
F,�%
V,.
-°'
RES -5,
(238) ;'.
e'
�1UllG
'�.���11111111111111J1%o//ooi�r��/
Figure 1
City of Kitchener Zoning By-law 2019-051
Page 382 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(239)
(239) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedules 67 and 68 of Appendix A, the following regulations shall apply:
a) parking shall be permitted within 0 metres of the front lot line;
b) parking shall be permitted within 6 metres of the side lot line;
C) a minimum of 3 off-street parking spaces shall be provided; and
d) a solid wood fence with a minimum height of 1.8 metres shall enclose the rear yard, in
accordance with the Fence By-law.
City of Kitchener Zoning By-law 2019-051
Page 383 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(240)
(240) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 68 of Appendix A, the minimum lot area shall be 190 square metres for each semi-
detached dwelling unit and the minimum rear yard setback shall be 6.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 384 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(241)
(241) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 68 of Appendix A, the minimum rear yard setback shall be 6.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 385 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(242)
(242) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 68 of Appendix A, the minimum rear yard setback shall be 3.5 metres for an existing
single detached dwelling.
City of Kitchener Zoning By-law 2019-051
Page 386 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(243)
(243) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 91 and 92 of Appendix A, the following regulations shall apply:
a) the minimum arterial road setback shall be 7.5 metres;
b) a 1.8 metre minimum visual barrier shall be required along both the
northerly and easterly lot lines in accordance with Section 4.18;
C) for cluster townhouse dwelling the minimum rear yard setback shall be 5.48 metres;
d) 18 street townhouse dwellings shall: be permitted with minimum side yard setbacks of
0 metres for units adjacent to a Common Elements Condominium; a minimum side
yard setback of 1.46 metres and 0.6 metres for the south-easterly and south-westerly
units respectively when adjacent to a Common Elements Condominium; a minimum rear
yard setback of 7.34 metres for the easterly units; a minimum rear yard setback of
6.0 metres for the westerly units; a maximum lot coverage of 60% for the westerly units
and 57.0% for the easterly units; and without frontage on a public street provided that all
such dwellings are Parcels of Tied Lands (POTL's) to a Common Elements Condominium
consisting of at least a private driveway connecting to a public street. For purposes of this
special regulation the front lot line shall be deemed to be that lot line abutting the
internal driveway portion of the Common Elements Condominium.
City of Kitchener Zoning By-law 2019-051
Page 387 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(244)
(244) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 114 and 115 of Appendix A, the following regulations shall apply to a multiple
dwelling:
a) the maximum floor space ratio shall be 2.1;
b) the minimum lot width shall be 15 metres;
C) the minimum southeasterly side yard setback shall be 3.54 metres;
d) a maximum of 14 required off-street parking spaces shall be permitted between
the fagade and the front lot line, including within the required front yard, but not within
a driveway visibility triangle;
e) any parking spaces located within a portion of a building located more than
30 metres from the street line of Strasburg Road may be permitted at grade level but no
higher. Parking spaces located within any portion of the building less than 30 metres from
the street line of Strasburg Road are required to be fully below grade and not visible from
the street line of Strasburg Road;
f) any parking within a structure above grade shall contain dwelling units above;
g) the vehicle entrance/exit opening to a private garage shall not be located within the wall
of the building facing the rear yard;
h) no driveway or ramp leading directly to the vehicle entrance/exit of a private garage shall
be located within 7 metres of the rear lot line. Underground ramping may be permitted
within this 7 metre setback; and,
i) a minimum 7 -metre -wide landscaped buffer shall be provided along the full length of
the rear lot line.
City of Kitchener Zoning By-law 2019-051
Page 388 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(245)
(245) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 149 of Appendix A, required parking spaces provided within a building shall have a
minimum width of 2.5 metres and a minimum length of 4.4 metres. Any stairs and/or landings may
encroach within the required parking space.
City of Kitchener Zoning By-law 2019-051
Page 389 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(246)
(246) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 91 and 114 of Appendix A, 45 parking spaces shall be required for a 54 -unit multiple
dwelling.
City of Kitchener Zoning By-law 2019-051
Page 390 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(247)
(247) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 29 and 30 of Appendix A the following shall apply:
a) the maximum building height for a multiple dwelling shall be 13.3 metres;
b) the minimum property frontage onto Gravel Ridge Trail shall be 14 metres;
C) the maximum number of dwelling units for the entire site shall be 144;
d) all land on the lot legally existing on September 15, 2020 including all open space, hydro
corridors and buffers shall be used for the purpose of calculating floor space ratio, lot
coverage and lot area; and,
e) Geothermal energy systems are not permitted.
City of Kitchener Zoning By-law 2019-051
Page 391 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(248)
(248) — Within the lands zoned OSR-2 and shown on as affected by this provision on Zoning Grid
Schedules 29 and 30 of Appendix A, off-street parking and private amenity space shall be
permitted when associated with a multiple dwelling located on adjacent residential lands.
City of Kitchener Zoning By-law 2019-051
Page 392 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(249)
(249) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 250 of Appendix A, the following shall apply:
a) restaurant shall not be permitted;
b) veterinary services shall be permitted to a maximum gross floor area of 300 square metres
per unit; and,
C) the maximum gross leasable space for office shall not exceed 170 square metres.
City of Kitchener Zoning By-law 2019-051
Page 393 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(250)
(250) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 108 and 154 the following shall apply for multiple dwelling:
a) the minimum front yard setback and exterior side yard setback shall be 3.5 metres for that
portion of a dwelling not exceeding 11.5 metres in height, and an additional setback of 1.5
metres shall be required for every additional 3 metres of building height thereafter;
b) the minimum side yard setback shall be 1.5 metres for that portion of a dwelling not
exceeding 11.5 metres in heights, and an additional setback of 1 metre shall be required
for every additional 3 metres of building height thereafter;
C) the minimum rear yard setback shall be 7 metres; and,
d) a private patio area shall not be required adjacent to each dwelling unit located at ground
floor level.
City of Kitchener Zoning By-law 2019-051
Page 394 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(251)
(251) — Within the lands zoned RES -5 and shown as affected by this subsection on Zoning Grid
Schedules 107 and 108, the following shall apply:
For street townhouse dwelling unit:
a) The minimum lot width for a corner lot shall be 9.5 metres;
b) excluding a corner lot, there shall be no minimum lot width for an external unit;
C) the minimum front yard setback shall be 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6 metres to a street line;
d) the minimum exterior side yard setback shall be 3, except no part of any building used to
accommodate off-street parking shall be located closer than 6 metres to a street line,
where an access driveway crosses the side lot line and leads to the space inside the
garage.
e) the minimum side yard setback shall be 0.6 metres on one side and 1.2 metres on the
other, provided that:
i) on the side with the setback less than 1.2 metres, a 0.6 metre easement must be
granted by the owner of the abutting lands for the maintenance of the walls, eaves
and real property;
ii) where a side lot line abuts lands zoned OSR-1, OSR-2, OSR-3, or INS -1 in Zoning
By-law 2019-051, the minimum side yard setback of 1.2 metres is required for the
lot line abutting the aforementioned zones; and,
iii) where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone
(P-2), Hazard Land Zone (P-3) or Community Institutional Zone (1-2) in Zoning By-
law 85-1, the minimum side yard setback of 1.2 metres is required for the lot line
abutting the aforementioned zones.
f) the minimum rear yard setback shall be 7 metres;
g) the maximum building height shall be 11.5 metres;
h) the minimum contiguous front yard landscape area shall be 8 m2. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features such as
driveways, walkways, sidewalks, porches, stairs and ramps;
i) A fence having a height greater than 0.9 metres shall not be located between a building
and any front lot line or exterior side lot line;
j) the maximum lot coverage shall be 60 percent, of which the habitable portion of the
dwelling shall not exceed 50 percent and the accessory buildings or structures, whether
attached or detached, shall not exceed 15 percent.
City of Kitchener Zoning By-law 2019-051
Page 395 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
For multiple dwelling:
a) the minimum front yard and exterior side yard shall be 3.5 metres;
b) the minimum side yard setback shall be 1.2 metres;
C) the minimum rear yard setback shall be 7 metres;
d) the maximum floor space ratio shall be 0.75;
e) the maximum building height shall be 11.5 metres; and,
(251)
f) a private patio area shall not be required adjacent to each dwelling unit located on the
ground floor.
City of Kitchener Zoning By-law 2019-051
Page 396 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(252)
(252) — Within the lands zoned RES -3, RES -4, & RES -5 on Zoning Grid Schedules 107, 108, 109,
153, 154 and 155 of Appendix A, the following shall apply:
a) Stairs and access ramps may encroach into a required front yard or exterior side yard,
provided the minimum setback to the encroachment is 1 metres from the street line;
b) Porches attached to the main building may be located within a required front yard or
exterior side yard provided the porch is setback a minimum of 1.5 metres from the street
line, whether or not covered, and provided they are not enclosed and do not exceed 1.2
metres in height above finished grade. Notwithstanding the foregoing, where any such
porch is located in a driveway visibility triangle, the porch shall not exceed 0.9 metres in
height above finished grade, and railings shall be constructed in a manner and of materials
that do not obstruct visibility.
C) On a corner lot, an access driveway shall not be located closer than 6 metres to the
intersection of street lines abutting the lot and shall permit the parking of motor vehicles,
with the exception of the following:
i) 8 metres shall be required for corner lots with frontage on a Major Community
Collector Street;
ii) 7 metres shall be required for corner lots with frontage on a Local Street and
flankage on a Minor Neighbourhood Collector Street or a Major Community
Collector Street, and which have a single driveway on the same side of the road
as a stop control; and
iii) 4 metres shall be required for corner lots with frontage and flankage on one street
only.
d) The following regulations shall apply to any lot or block which abuts the Huron Road
Landscape Buffer:
i) The minimum setback for any residential building, or part thereof, which abuts the
Huron Road Landscape Buffer, shall be 1.5 metres from the property line and any
such building having flankage on the Huron Road Landscape Buffer shall provide
for ground floor and upper storey windows along the exterior side yard elevation;
ii) Fences and noise attenuation walls may only be located within a rear yard, and
may not be located in the front yard or between the building and the side lot line
abutting the Huron Road Landscape Buffer.
City of Kitchener Zoning By-law 2019-051
Page 397 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(253)
(253) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 107 and 108 of Appendix A, the following uses shall not be permitted:
a) additional dwelling unit (attached);
b) additional dwelling unit (detached);
C) lodging house;
d) semi-detached dwelling; and,
e) single detached dwelling.
City of Kitchener Zoning By-law 2019-051
Page 398 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(254)
(254) — Within the lands zoned RES -5 and shown as being affected by this subsection on Zoning
Grid Schedule 107, 108, 154 and 155 the following shall apply:
For single detached dwelling:
a) the minimum lot width for a corner lot shall be 12 metres;
b) the minimum front yard setback shall be 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6 metres to a street line;
C) the minimum exterior side yard setback shall be 3, except no part of any building used to
accommodate off-street parking shall be located closer than 6 metres to a street line,
where an access driveway crosses the side lot line and leads to the space inside the
garage.
d) the minimum side yard setback shall be 0.6 metres on one side and 1.2 metres on the
other, provided that:
i) on the side with the setback less than 1.2 metres, a 0.6 metre easement must be
granted by the owner of the abutting lands for the maintenance of the walls, eaves
and real property;
ii) where a side lot line abuts lands zoned OSR-1, OSR-2, OSR-3, or INS -1 in Zoning
By-law 2019-051, the minimum side yard setback of 1.2 metres is required for the
lot line abutting the aforementioned zones; and,
iii) where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone
(P-2), Hazard Land Zone (P-3) or Community Institutional Zone (1-2) in Zoning By-
law 85-1, the minimum side yard setback of 1.2 metres is required for the lot line
abutting the aforementioned zones.
e) the minimum rear yard setback shall be 7 metres;
f) Garage fagade:
i) the maximum width of a private garage attached to a single detached dwelling
located on a lot having a width of 11 metres or less shall be 72.5% of the width of
front facade closest to the street at ground level;
ii) Any attached private garage designed to accommodate 2 or more vehicles and
located on a lot with a width of 11 metres or less must be designed with separate
garage doors for each parking space located within the garage, and the garage
doors must be separated by a pier;
City of Kitchener Zoning By-law 2019-051
Page 399 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(254)
g) the minimum contiguous front yard landscape area shall be 17 m2. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features such as
driveways, walkways, sidewalks, porches, stairs and ramps; and,
h) A fence having a height greater than 0.9 metres shall not be located between a building
and any front lot line or exterior side lot line.
For street townhouse dwelling unit:
a) the minimum lot width for a corner lot shall be 9.5 metres;
b) excluding a corner lot, there shall be no minimum lot width for an external unit;
C) the minimum front yard setback shall be 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6 metres to a street line;
d) the minimum exterior side yard setback shall be 3, except no part of any building used to
accommodate off-street parking shall be located closer than 6 metres to a street line,
where an access driveway crosses the side lot line and leads to the space inside the
garage.
e) the minimum side yard setback shall be 0.6 metres on one side and 1.2 metres on the
other, provided that:
i) on the side with the setback less than 1.2 metres, a 0.6 metre easement must be
granted by the owner of the abutting lands for the maintenance of the walls, eaves
and real property;
ii) where a side lot line abuts lands zoned OSR-1, OSR-2, OSR-3, or INS -1 in Zoning
By-law 2019-051, the minimum side yard setback of 1.2 metres is required for the
lot line abutting the aforementioned zones; and,
iii) where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone
(P-2), Hazard Land Zone (P-3) or Community Institutional Zone (1-2) in Zoning By-
law 85-1, the minimum side yard setback of 1.2 metres is required for the lot line
abutting the aforementioned zones.
f) the minimum rear yard setback shall be 7 metres;
g) the maximum building height shall be 11.5 metres;
h) the minimum contiguous front yard landscape area shall be 8 m2. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features such as
driveways, walkways, sidewalks, porches, stairs and ramps;
City of Kitchener Zoning By-law 2019-051
Page 400 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(254)
i) a fence having a height greater than 0.9 metres shall not be located between a building
and any front lot line or exterior side lot line; and,
j) the maximum lot coverage shall be 60 percent, of which the habitable portion of the
dwelling shall not exceed 50 percent and the accessory buildings or structures, whether
attached or detached, shall not exceed 15 percent.
City of Kitchener Zoning By-law 2019-051
Page 401 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(255)
(255) — Within the lands zoned RES -3 and RES -4 and shown as affected by this provision on
Zoning Grid Schedules 107, 108, 109, 153, 154 and 155 the following shall apply for single
detached dwelling:
a) The minimum lot width for a corner lot shall be 12 metres;
b) the minimum front yard setback shall be 3.5 metres, except no part of any building used
to accommodate off-street parking shall be located closer than 6 metres to a street line;
C) the minimum exterior side yard setback shall be 3, except no part of any building used to
accommodate off-street parking shall be located closer than 6 metres to a street line,
where an access driveway crosses the side lot line and leads to the space inside the
garage.
d) the minimum side yard setback shall be 0.6 metres on one side and 1.2 metres on the
other, provided that:
i) on the side with the setback less than 1.2 metres, a 0.6 metre easement must be
granted by the owner of the abutting lands for the maintenance of the walls, eaves
and real property;
ii) where a side lot line abuts lands zoned OSR-1, OSR-2, OSR-3, or INS -1 in Zoning
By-law 2019-051, the minimum side yard setback of 1.2 metres is required for the
lot line abutting the aforementioned zones; and,
iii) where a side lot line abuts lands zoned Public Park Zone (P-1), Open Space Zone
(P-2), Hazard Land Zone (P-3) or Community Institutional Zone (1-2) in Zoning By-
law 85-1, the minimum side yard setback of 1.2 metres is required for the lot line
abutting the aforementioned zones.
e) the minimum rear yard setback shall be 7 metres;
f) Garage fagade:
i) the maximum width of a private garage attached to a single detached dwelling
located on a lot having a width of 11 metres or less shall be 72.5% of the width of
front fagade closest to the street at ground level;
ii) Any attached private garage designed to accommodate 2 or more vehicles and
located on a lot with a width of 11 metres or less must be designed with separate
garage doors for each parking space located within the garage, and the garage
doors must be separated by a pier;
City of Kitchener Zoning By-law 2019-051
Page 402 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(255)
g) the minimum contiguous front yard landscape area shall be 17 m2. The minimum
contiguous landscaped area must be located within the front yard, and must be
unencumbered by buildings, structures, and hardscape or impervious features such as
driveways, walkways, sidewalks, porches, stairs and ramps; and,
h) A fence having a height greater than 0.9 metres shall not be located between a building
and any front lot line or exterior side lot line.
City of Kitchener Zoning By-law 2019-051
Page 403 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(256)
(256) — Within the lands zoned RES -3 and shown as affected by this provision on Zoning Grid
Schedules 153 and 154 of Appendix A, where a lot has a side yard adjacent to an OSR-1 zone,
the minimum front yard setback for that lot shall be 12 metres and the minimum setback for a side
yard abutting an OSR-1 zone shall be 4.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 404 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(257)
(257) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 108 of Appendix A, the following shall apply for multiple dwelling:
a) the minimum setback to a street line shall be 1.5 metres;
b) the maximum setback to a street line shall be 4.5 metres
C) the maximum building height shall be 4 storeys or 15 metres;
d) a private patio area shall not be required adjacent to each dwelling unit located at ground
floor level;
e) parking shall be provided at a rate of 1.25 spaces per unit;
f) off-street parking shall not be located between any building fagade and the street line;
and,
g) stairs and access ramps may encroach into a required front yard or exterior side yard,
provided the minimum setback to the encroachment is 1 metre from the street line.
City of Kitchener Zoning By-law 2019-051
Page 405 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(258)
(258) — Within the lands zoned RES -4 and shown as being affected by this provision on Zoning
Grid Schedules 153 and 154 the following shall apply for a single detached dwelling:
a) the minimum interior side yard setback shall be 0.6 metres on one side and 1.2 metres on
the other, provided that on the side with the setback less than 1.2 metres, a 0.6 metre
easement must be granted by the owner of the abutting lands for the maintenance of the
walls, eaves and real property.
City of Kitchener Zoning By-law 2019-051
Page 406 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(259)
(259) — Within the lands zoned RES -4 and shown as being affected by this provision on Zoning
Grid Schedules 153 the the minimum rear yard setback shall be 7 metres.
City of Kitchener Zoning By-law 2019-051
Page 407 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(260)
(260) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 153, 154, 163, and 164 of Appendix A, the following shall apply:
a) for multiple dwelling, 1.1 parking spaces per dwelling unit shall be required;
b) the maximum building height for multiple dwellings located within 8 metres of the front lot
line shall be 11 metres;
C) the maximum building height for multiple dwellings located greater than 8 metres from the
front lot line shall be 14 metres;
d) the maximum number of dwelling units for the entire lot shall be 200;
e) the maximum floor space ratio shall be 0.75.
f) for the purposes of this regulation, building height shall be measured as the vertical
distance between the highest finished grade level at the perimeter of the building and the
uppermost point of the building. Antennae, chimneys spires, cupolas, elevator penthouses
or other similar features shall be disregarded in calculating building height.
g) a private patio area for dwelling units facing Strasburg Road shall not be required;
h) yard requirements are to be measured from lot lines that existed on March 17, 2017; and,
i) for the purposes of calculating the maximum floor space ratio, the lot area used shall be
27,843 square metres, being the area of the lot as it existed on March 17, 2017.
City of Kitchener Zoning By-law 2019-051
Page 408 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(261)
(261) — Within the lands zoned RES -4 and RES -5 and shown as affected by this provision on
Zoning Grid Schedule 28 and 50 of Appendix A, the following minimum setbacks from the Bleams
Road right -of way (not measured from landscape buffer block) shall be required for any residential
dwelling that is rear lotted to Bleams Road:
a) west of Nyles Drive, 18.5m;
b) between Nyles Drive and Isaiah Drive, 19.5m; and,
C) east of Isaiah Drive, 18.5m.
City of Kitchener Zoning By-law 2019-051
Page 409 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(262)
(262) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 212, 213, 246, 247, 255 and 256 of Appendix A, the following shall apply:
a) small residential care facility shall be permitted;
b) for single detached dwelling, the minimum lot width shall be 30.48 metres and the
minimum lot area shall be 2,023 square metres;
C) the maximum building height shall be 11 metres, except for accessory buildings;
d) street townhouse dwelling, multiple dwelling, place of worship, and elementary school
existing as of January 11, 1988 shall be permitted; and,
e) the agricultural raising of equine and/or fowl shall also be permitted as a home occupation.
City of Kitchener Zoning By-law 2019-051
Page 410 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(263)
(263) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 206 and 207 of Appendix A, the following uses shall also be permitted:
a) Place of worship; and,
b) Multiple dwelling.
City of Kitchener Zoning By-law 2019-051
Page 411 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(264)
(264) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 206 and 207 of Appendix A, the following shall apply:
a) the maximum building height shall be 15.3 metres;
b) the maximum gross leasable commercial space shall be 2,000 square metres; and,
C) a single convenience retail unit may exceed 300 square metres.
City of Kitchener Zoning By-law 2019-051
Page 412 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(265)
(265) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedules 166 and 201 of Appendix A, the minimum front yard shall be 9 metres.
City of Kitchener Zoning By-law 2019-051
Page 413 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(266)
(266) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedules 166 and 201 of Appendix A, the minimum front yard shall be 11 metres.
City of Kitchener Zoning By-law 2019-051
Page 414 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(267)
(267) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 255 of Appendix A, the minimum lot width shall be 29.5 metres. This shall prevail over
any other Site Specific Provision.
City of Kitchener Zoning By-law 2019-051
Page 415 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(268)
(268) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedules 257 and 258 of Appendix A, the following uses shall be permitted:
a) an equine boarding service, riding stable, or riding academy shall be permitted in
accordance with the following regulations:
i) the minimum front yard setback shall be 10 metres;
ii) the minimum rear yard setback shall be 10 metres;
iii) the minimum side yard setback shall be 7.5 metres; and,
iv) the maximum building height shall be 11 metres;
b) a bed and breakfast only within the dwelling existing on December 2, 1996.
City of Kitchener Zoning By-law 2019-051
Page 416 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(269)
(269) — Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid
Schedule 257 of Appendix A, the following shall apply:
a) accessory buildings to a permitted use in the RES -1 zone shall be permitted in accordance
with Section 4 (General Regulations); and,
b) an equine boarding service, riding stable, or riding academy shall be permitted in
accordance with the following regulations:
i) the minimum front yard setback shall be 10 metres;
ii) the minimum rear yard setback shall be 10 metres;
iii) the minimum side yard setback shall be 7.5 metres; and,
iv) the maximum building height shall be 11 metres;
City of Kitchener Zoning By-law 2019-051
Page 417 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(270)
(270) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedules 257 and 258 of Appendix A, the minimum lot width shall be 50 metres.
City of Kitchener Zoning By-law 2019-051
Page 418 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(271)
(271) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the following uses shall also be permitted within the dwelling existing
on March 17, 2008:
a) bed and breakfast; and,
b) personal services as an accessory use to a bed and breakfast.
City of Kitchener Zoning By-law 2019-051
Page 419 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(272)
(272) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedules 278, 279, 280, 288, 289, 296 and 297 of Appendix A, the following shall apply:
a) the minimum lot width shall be 30 metres;
b) the minimum front yard setback and exterior side yard setback shall be 7.62 metres; and,
C) the minimum lot area shall be 2,023 square metres.
City of Kitchener Zoning By-law 2019-051
Page 420 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(273)
(273) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the following shall apply:
a) the minimum lot width shall be 16.5 metres;
b) the minimum building height for the residential portion of the dwelling shall be 6.5 metres;
C) the minimum side yard setback shall be 1.8 metres, except in the case where a driveway
leading to a required parking space is situated between the dwelling and the side lot line
or behind the dwelling, in which case the side yard setback shall be 3 metres;
d) the maximum width of a private garage shall be 50% of the width of the fagade closest to
the street at ground level; and,
e) the front fagade of any parking structure or the location of any legal parking space shall
not be closer to the front lot line than any part of the front fagade of the main dwelling.
City of Kitchener Zoning By-law 2019-051
Page 421 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(274)
(274) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 279 and 280 of Appendix A, the minimum front yard setback shall be 10 metres.
City of Kitchener Zoning By-law 2019-051
Page 422 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(275)
(275) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the following shall apply:
a) the minimum lot width shall be 17 metres;
b) the minimum building height for the residential portion of the dwelling shall be 6.5 metres;
C) the minimum side yard setback shall be 1.8 metres, except in the case where a driveway
leading to a required parking space is situated between the dwelling and the side lot line
or behind the dwelling, in which case the side yard setback shall be 3 metres;
d) the front fagade of any parking structure or the location of any legal parking space shall
not be closer to the front lot line than any part of the front fagade of the main dwelling or
covered porch extending the full width of the dwelling; and,
e) the maximum width of a private garage shall be 50% of the width of the fagade closest to
the street at ground level.
City of Kitchener Zoning By-law 2019-051
Page 423 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(276)
(276) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the following shall apply:
a) the minimum front yard setback shall be 12 metres;
b) the minimum lot width shall be 26 metres, measured at the 12 metre front yard setback;
C) the minimum westerly and easterly side yard setback shall be 10 metres;
d) the location of any required parking space and the front fagade of any accessory building
shall be set back a minimum of 2 metres from the front fagade of the main dwelling
excluding any porch;
e) the maximum building floor area of an additional dwelling unit (detached) shall be 100
square metres; and,
f) the minimum westerly side yard setback of any accessory buildings and structures,
whether attached or detached, shall be 10 metres.
City of Kitchener Zoning By-law 2019-051
Page 424 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(277)
(277) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedules 64 and 65 of Appendix A, the minimum rear yard setback for any residential dwelling
shall be 18 metres.
City of Kitchener Zoning By-law 2019-051
Page 425 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(278)
(278) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 203 of Appendix A, a 3 -unit multiple dwelling with a lot width of 12.43 metres shall be
permitted.
City of Kitchener Zoning By-law 2019-051
Page 426 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(279)
(279) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 214 and 245 of Appendix A, the following shall apply:
a) any residential building or structure shall be setback a minimum of 12.2 metres from the
Homer Watson Boulevard street line; and,
b) off-street parking shall be permitted within 1.5 metres of the Homer Watson Boulevard
street line.
City of Kitchener Zoning By-law 2019-051
Page 427 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(280)
(280) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedules 64 and 65 of Appendix A, the minimum rear yard setback shall be 18.5 metres for any
residential dwelling.
City of Kitchener Zoning By-law 2019-051
Page 428 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(281)
(281) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 203 of Appendix A, a park shall also be permitted.
City of Kitchener Zoning By-law 2019-051
Page 429 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(282)
(282) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 203 of Appendix A, a community centre shall be permitted to a maximum gross floor
area of 2,500 square metres.
City of Kitchener Zoning By-law 2019-051
Page 430 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(283)
(283) — Within the lands zoned RES -4 and RES -5 and shown as affected by this provision on
Zoning Grid Schedule 50 and 64, a residential dwelling shall have a minimum setback of 25
metres from the Bleams Road street line.
City of Kitchener Zoning By-law 2019-051
Page 431 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(284)
(284) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the following shall apply:
a) the minimum lot width shall be 41 metres; and,
b) the minimum rear yard setback shall me 1.2 metres for a maximum of 50% of the lot width.
City of Kitchener Zoning By-law 2019-051
Page 432 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(285)
(285) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 165 and 166 of Appendix A, the minimum setback from any lot line abutting a Natural
Heritage Conservation (NHC-1) zone for a building or structure, accessory building, fence, or
retaining wall shall be 7.5 metres.
City of Kitchener Zoning By-law 2019-051
Page 433 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(286)
(286) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 248 of Appendix A, the following shall apply to street townhouse dwelling:
a) where street townhouse dwellings do not have do not have frontage on a public street,
they shall be permitted without frontage on a public street, provided that all such dwellings
are Parcels of Tied Lands (POTL's) to a Common Elements Condominium consisting of a
private driveway connecting to a public street. For the purposes of this regulation, the
front lot line for units not abutting a public street shall be deemed to be the shortest lot line
abutting the private driveway portion of the Common Elements Condominium;
b) street townhouse dwellings having frontage on a public street shall be permitted to have
a minimum corner lot width of 9 metres, and a minimum side yard abutting a private
driveway portion of the Common Elements Condominium of 2.75 metres;
C) street townhouse dwellings having frontage on the private driveway portion of a Common
Elements Condominium shall be permitted to have a minimum corner lot width of 7.7
metres and a minimum side yard abutting a private driveway portion of a Common
Elements Condominium of 2.1 metres;
d) street townhouse dwellings having frontage on the private driveway portion of a Common
Elements Condominium shall be permitted to have a minimum side yard setback of 1.4
metres;
e) street townhouse dwellings shall be permitted to have a minimum rear yard setback of 7
metres; and,
f) despite subsection (e), street townhouse dwellings having a rear yard abutting a
landscaped area within a Common Element Condominium shall be permitted to have a
minimum rear yard setback of 5 metres.
City of Kitchener Zoning By-law 2019-051
Page 434 of 519
Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(287)
(287) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 195 of Appendix A, the following shall apply:
a) an additional dwelling unit (detached) shall be permitted within the accessory building built
in 2004;
b) the parking lot may provide for ingress and egress from a street in a manner other than a
forward motion; and,
C) one required parking space may be located within 3 metres of a street line.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(288)
(288) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 253 of Appendix A, the following shall apply:
a) semi-detached dwellings shall be permitted in accordance with the regulations of the RES -
5 zone, and shall only be permitted as part of a multiple/cluster development;
b) multiple dwelling shall be permitted in accordance with the regulations of the RES -5 zone;
C) artisan's establishment, craftsperson shop, day care facility, dwelling unit, health office,
health clinic, studio, office, personal services, social service establishment, bed and
breakfast, and veterinary services shall be permitted within existing buildings and within
an addition not exceeding 25% of the gross floor area of the existing building. The
regulations for an addition shall be in accordance with the regulations for multiple dwelling
and non-residential uses in the RES -5 zone.
d) a bed and breakfast shall have a maximum of four bedrooms and may include up to two
non-resident employees, may exceed 25% of the building gross floor area or 50 square
metres, may provide parking in the rear yard, and may attract up to 8 overnight guests at
any one time. Parking shall be provided in accordance the parking regulations for a home
occupation in Section 5, and parking lots shall be in accordance with regulations of Section
5. A bed and breakfast with more than 2 bedrooms shall not be considered a home
occupation and site plan control shall be required; and,
e) one dwelling unit shall be permitted in addition to any permitted non-residential use.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(289)
(289) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 248 and 249 of Appendix A, 37 street townhouse dwellings shall be permitted without
frontage on a public street provided that all such dwellings are Parcels of Tied Lands (POTL's) to
a Common Elements Condominium consistent of at least a private driveway connecting to both
Doon South Drive and Robert Ferrie Drive. For the purposes of this provision, the front lot line
shall be deemed to be that lot line abutting the internal private driveway portion of the Common
Elements Condominium.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(290)
(290) — Within the lands zoned RES -4, and RES -5 and shown as affected by this provision on
Zoning Grid Schedules 258, 249, 253, and 254 of Appendix A, semi-detached dwellings shall not
be permitted.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(291)
(291) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 50 of Appendix A, the following shall apply:
a) the maximum setback from the Isaiah Drive street line shall be 6 metres;
b) convenience retail, day care facility, and personal services shall be permitted in
accordance with the regulations of the RES -5 zone for multiple dwellings and non-
residential uses; and,
C) a home occupation shall be permitted to occupy up to 40% of the floor area to a maximum
of 75 square metres, and to have a maximum of 2 non-resident employees provided that
there are no more than 2 customers/clients at one time.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(292)
(292) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 28 and 50 of Appendix A, the minimum lot width shall be 33 metres and the minimum
lot area shall be 1,350 square metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(293)
(293) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 258 of Appendix A, the rear building wall or walls shall be limited to one storey plus a
cellar but not a basement and shall not include an interior mezzanine or similar feature. The
maximum height of the rear wall at grade to the lowest point of the fascia/eaves shall be 5.5
metres. For the purposes of this provision, a "storey" means that portion of a building which is
situated between the top of any floor and the top of the floor next to it and, if there is no floor
above it, that portion between the top of such floor and the ceiling above it.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(294)
(294) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedules 212 and 213 of Appendix A, the minimum setback for any structure from lands zoned
NHC-1 shall be 1.2 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(295)
(295) — Within the lands zoned RES -2 and shown as affected by this provision on Zoning Grid
Schedule 209 of Appendix A, the following shall apply:
a) a maximum of 23 single detached dwellings may be permitted on a lot or block provided
that a Plan or Plans of condominium are registered on all or a portion of the lot which is
part of a comprehensively planned development; and,
b) a maximum of 7 single detached dwellings may back onto adjacent residential lands which
front Dodge Drive.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(296)
(296) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 93 of Appendix A, the minimum side yard setback abutting the Bleams Road street line
for the building existing on August 24, 2007 shall be 10.45 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(297)
(297) — Within the lands shown as affected by this provision on Zoning Grid Schedule 62, 96, and
97 of Appendix A, covered porches that are open on the first floor with or without railings and with
or without living space above may encroach into the driveway visibility triangle to a maximum of
2.5 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(298)
(298) — Within the lands zoned RES -3 and shown as affected by this provision on Zoning Grid
Schedule 165 of Appendix A, the following shall apply:
a) the minimum lot width shall be 53.2 metres and the minimum lot area shall be 3,357 square
metres;
b) the minimum front yard setback shall be 14.2 metres; and,
C) the minimum northerly side yard setback shall be 16.7 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(299)
(299) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 201 and 202 of Appendix A, the following shall apply to the existing 17 -unit multiple
dwelling:
a) the maximum floor space ratio shall be 0.9; and,
b) the maximum number of dwelling units shall be 17.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (300)
(300) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 195 of Appendix A, the following shall apply to a multiple dwelling except a cluster
townhouse:
a) the maximum front yard setback shall be 12 metres;
b) the minimum rear yard setback shall be 57 metres;
C) the minimum right and left side yard setbacks shall be 2.5 metres;
d) the maximum floor space ratio shall be 1;
e) the minimum number of parking spaces shall be 16; and,
f) the maximum building height shall be 15 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(301)
(301) — Within the lands zoned RES -3, RES -4, and RES -5 and shown as affected by this provision
on Zoning Grid Schedules 8, 23, 24, and 29 of Appendix A, the following shall apply:
a) for single detached dwellings and multiple dwellings, balconies may extend within a
required front yard or exterior side yard provided that the minimum setback from a front
lot line and exterior side lot line is 2.5 metres;
b) terraces, porches and decks shall have a minimum 2.5 metre front yard setback and street
line setback, whether or not covered, provided they are not enclosed, and provided they
do not exceed 1.2 metres in height above finished grade level;
C) the minimum setback for any residential building or part thereof, located on a lot which is
abutting an arterial road, as defined and classified in the City's Official Plan, shall be 12
metres from the street line, provided however that for multiple dwellings and street
townhouses containing a minimum of four dwelling units, or any residential building with
primary access from such arterial road, the setback requirements of the applicable zone
shall apply. Any buildings located less than 12 metres from an arterial road shall be
developed in accordance with mitigation measures recommended in the approved Noise
Study as part of the Plan of Subdivision approval for the lands, but such mitigation
measures shall not include noise walls or berms; and,
d) on a corner lot, an access driveway for lots fronting a collector street (Benninger Drive)
shall be located a minimum of 7 metres from the intersection of the street lines abutting
the lot. For all other street (local streets), the minimum shall be 4.5 metres. In all cases,
the parking of motor vehicles shall be permitted.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(302)
(302) — Within the lands zoned RES -3 and RES -4 and shown as affected by this provision on
Zoning Grid Schedules 23 and 24 of Appendix A, the following shall apply for single detached
dwelling and semi-detached dwelling:
a) for single detached dwelling, the minimum corner lot width shall be 11 metres.
b) for semi-detached dwelling, the minimum corner lot width shall be 17.5 metres for each
dwelling, and 10 metres for each corner dwelling unit;
C) the minimum front yard setback shall be 4 metres, and no part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
d) the minimum interior side yard setback shall be 0.6 metres of one side, and 1.2 metres on
the other;
e) the minimum exterior side yard setback shall be 4 metres;
f) the minimum rear yard setback shall be 7 metres;
g) the maximum building height shall be 12.5 metres;
h) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 2.5 metres from a street line; and,
i) porches are included in lot coverage.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(303)
(303) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 8, 23, 24, and 29 of Appendix A, the following shall apply:
For single detached dwelling and semi-detached dwelling:
a) for single detached dwelling, the minimum corner lot width shall be 11 metres.
b) for semi-detached dwelling, the minimum corner lot width shall be 17.5 metres for each
dwelling, and 12.5 metres for each dwelling unit;
C) the minimum front yard setback shall be 4 metres, and not part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
d) the minimum interior side yard setback shall be 0.6 metres of one side, and 1.2 metres on
the other;
e) the minimum exterior side yard setback shall be 4 metres;
f) the minimum rear yard setback shall be 7 metres;
g) the maximum building height shall be 12.5 metres;
h) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 2.5 metres from a street line; and,
i) porches are included in lot coverage.
For street townhouse dwelling:
a) the minimum corner lot width shall be 9.5 metres;
b) the minimum front yard setback shall be 4 metres, and not part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
C) the minimum interior side yard setback shall be 0.6 metres (end units);
d) the minimum exterior side yard setback shall be 4 metres;
e) the minimum rear yard setback shall be 7 metres;
f) the maximum lot coverage shall be a total of 60%, of which the habitable portion of the
dwelling shall not exceed 50% and the accessory buildings or structures (whether
attached or detached) shall not exceed 15%;
g) the maximum building height shall be 12.5 metres;
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (303)
h) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 2.5 metres from a street line; and,
i) porches are included in lot coverage.
For multiple dwelling:
a) the minimum front yard setback shall be 4 metres, and not part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
b) the minimum interior side yard setback shall be 1.2 metres;
G) the minimum exterior side yard setback shall be 4 metres;
d) the minimum rear yard shall be 7 metres;
e) the minimum landscaped area shall be 15%;
f) the maximum floor space ratio shall be 0.75;
g) the maximum building height shall be 12.5 metres;
h) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 2.5 metres from a street line; and,
i) porches are included in lot coverage.
For the purposes of this Site Specific Provision, Outdoor Amenity Area shall mean an area in a
rear yard used for landscaping and/or an area on a front, rear, side, or roof top balcony or deck
which has direct access from the interior of the dwelling unit but which does not serve as a primary
access into the dwelling unit.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(304)
(304) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 253 of Appendix A, the driveway existing as of April 20, 2015 shall be deemed to comply
with the regulations of this by-law for the existing single detached dwelling and any home
occupations added thereto.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(305)
(305) — Within the lands zoned RES -4 and RES -5 and shown as affected by this provision on
Zoning Grid Schedules 248, 249, 253, and 254 of Appendix A, the minimum front yard setback
shall be 6 metres.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(306)
(306) — Within the lands zoned RES -4, RES -5, COM -1, and INS -1 and shown as affected by this
provision on Zoning Grid Schedules 205, 206, 207, 208, 209, and 210 of Appendix A, the following
shall apply:
a) terraces, porches and decks associated with a dwelling may be located within a required
exteriorside yard provided the terrace, porch or deck is set back a minimum of 1.5 metres
from the street line whether or not covered and provided they are not enclosed and do not
exceed 1.2 metres in height above finished grade level. All railings that are attached to a
terrace, porch or deck shall be constructed in a manner and of materials that do not
obstruct visibility of approaching traffic;
b) the minimum setback for any residential building or part thereof, located on a lot which is
abutting an arterial road, as defined and classified in the City's Official Plan, shall be 12
metres from the street line, provided however that for multiple dwellings and street
townhouses containing a minimum of four dwelling units, or any residential building with
primary access from such arterial road, the setback requirements of the applicable zone
shall apply. Any buildings located less than 12 metres from an arterial road shall be
developed in accordance with mitigation measures recommended in the approved Noise
Study as part of the Plan of Subdivision approval for the lands, but such mitigation
measures shall not include noise walls or berms;
C) on a corner lot abutting two streets, the driveway shall not be located closer than 7 metres
to the intersection of the street lines abutting the lot; and,
d) on a corner lot abutting the same street, the driveway shall not be located closer than 4.5
metres to the intersection of the street lines abutting the lot.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(307)
(307) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedules 205, 206, 207, 208, 209 and 210 of Appendix A, the following shall apply for single
detached dwelling and semi-detached dwelling:
a) for single detached dwelling, the minimum corner lot width shall be 11 metres.
b) for semi-detached dwelling, the minimum corner lot width shall be 17.5 metres for each
dwelling, and 10 metres for each corner dwelling unit;
C) the minimum interior side yard setback shall be 0.6 metres of one side, and 1.2 metres on
the other. In no case shall a dwelling be located closer than 1.8 metres to a dwelling on
the adjoining lot;
d) the minimum exteriorside yard setback shall be 3 metres from the streetline of Blair Creek
Drive, Thomas Slee Drive, Stauffer Woods Trail, or Blair Valley Street. For all other street
lines, the minimum exterior side yard setback shall be 2 metres;
e) the minimum rear yard setback shall be 7 metres;
f) the maximum building height shall be 12.5 metres; and,
g) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(308)
(308) — Within the lands zoned RES -5 and INS -1 and shown as affected by this provision on
Zoning Grid Schedules 205, 206, 207, 208, 209, and 210 of Appendix A, the following shall apply:
For single detached dwelling and semi-detached dwelling:
a) for single detached dwelling, the minimum corner lot width shall be 11 metres.
b) for semi-detached dwelling, the minimum corner lot width shall be 17.5 metres for each
dwelling, and 10 metres for each corner dwelling unit;
C) the minimum interior side yard setback shall be 0.6 metres on one side, and 1.2 metres
on the other. In no case shall a dwelling be located closer than 1.8 metres to a dwelling
on the adjoining lot;
d) the minimum exteriorside yard setback shall be 3 metres from the streetline of Blair Creek
Drive, Thomas Slee Drive, Stauffer Woods Trail, or Blair Valley Street. For all other street
lines, the minimum exterior side yard setback shall be 2 metres;
e) the minimum rear yard setback shall be 7 metres;
f) the maximum building height shall be 12.5 metres; and,
g) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
For street townhouse dwelling:
a) the minimum corner lot width shall be 9.5 metres;
b) the minimum interior side yard setback shall be 0.6 metres (end units). In no case shall
end units be located closer than 1.8 metres to the dwelling on the adjacent lot;
C) the minimum exteriorside yard setbackshall be 3 metres from the streetline of Blair Creek
Drive, Thomas Slee Drive, Stauffer Woods Trail, or Blair Valley Street. For all other street
lines, the minimum exterior side yard setback shall be 2 metres;
d) the minimum rear yard setback shall be 7 metres;
e) the maximum lot coverage shall be a total of 60%, of which the habitable portion of the
dwelling shall not exceed 50% and the accessory buildings or structures (whether
attached or detached) shall not exceed 15%;
f) the maximum building height shall be 12.5 metres; and,
g) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (308)
For back-to-back townhouse dwelling
a) the minimum yard setback shall be 3 metres from the street line of Blair Creek Drive,
Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive, or New
Dundee Road. From all other street lines, the minimum setback shall be 2 metres. No part
of any building used to accommodate off-street parking shall be located closer than 6
metres from the front lot line;
b) the minimum lot area shall be 78 square metres;
C) the minimum lot width shall be 6 metres;
d) the minimum corner lot width shall be 9.5 metres for each dwelling, and 12.5 metres for
each dwelling unit;
e) the minimum interior side yard setback shall be 0.6 metres (end units). In no case shall
end units be located closer than 1.8 metres to the dwelling on the adjacent lot;
f) the minimum rear yard setback shall be 0 metres;
g) the minimum landscaped area shall be 6.5%;
h) the maximum number of attached units shall be 16;
i) the maximum building height shall be 12.5 metres;
j) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
For multiple dwelling:
a) the minimum yard setback shall be 3 metres from the street line of Blair Creek Drive,
Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive, or New
Dundee Road. From all other street lines, the minimum setback shall be 2 metres. No part
of any building used to accommodate off-street parking shall be located closer than 6
metres from the front lot line;
b) the minimum interior side yard setback shall be 1.2 metres;
C) the minimum rear yard setback shall be 7 metres;
d) the minimum landscaped area shall be 15%;
e) the maximum floor space ratio shall be 0.75;
f) the maximum building height shall be 12.5 metres;
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (308)
g) a 0.5 metre encroachment shall be permitted for a porch and/or balcony provided the
porch and/or balcony is located a minimum of 1.5 metres from a street line; and,
h) a 1 metre encroachment may be permitted for stairs and access ramps, provided the stairs
and/or access ramps are located a minimum of 1 metre from a street line.
For the purposes of this Site Specific Provision, Outdoor Amenity Area shall mean an area in a
rear yard used for landscaping and/or an area on a front, rear, side, or roof top balcony or deck
which has direct access from the interior of the dwelling unit but which does not serve as a primary
access into the dwelling unit.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(309)
(309) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedules 206 and 207, the following shall apply:
For street townhouse dwelling:
a) the minimum corner lot width shall be 9.5 metres;
b) the minimum interiorside yard setback shall be 0.6 metres (end units) and in no case shall
an end unit be located closer than 1.8 metres to the dwelling on the adjacent lot;
C) the minimum exterior side yard setback shall be 3 metres;
d) the minimum rear yard shall be 7 metres;
e) the maximum lot coverage shall be a total of 60%, of which the habitable portion of the
dwelling shall not exceed 50% and the accessory buildings or structures, whether attached
or detached, shall not exceed 15%;
f) the maximum building height shall be 12.5 metres; and,
g) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
For back-to-back townhouse dwelling
a) the minimum yard setback shall be 3 metres and no part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
b) the minimum lot area shall be 78 square metres;
C) the minimum lot width shall be 6 metres;
d) the minimum corner lot width shall be 9.5 metres for each dwelling, and 12.5 metres for
each dwelling unit;
e) the minimum interior side yard setback shall be 0.6 metres (end units). In no case shall
end units be located closer than 1.8 metres to the dwelling on the adjacent lot;
f) the minimum exterior side yard setback shall be 3 metres;
g) the minimum rear yard setback shall be 0 metres;
h) the minimum landscaped area shall be 6.5%;
i) the maximum number of attached units shall be 16;
j) the maximum building height shall be 12.5 metres; and,
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (309)
k) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
For multiple dwelling:
a) the minimum front yard setback shall be 3 metres, and no part of any building used to
accommodate off-street parking shall be located closer than 6 metres from the front lot
line;
b) the minimum interior side yard setback shall be 1.2 metres;
C) the minimum exterior side yard setback shall be 3 metres;
d) the minimum rear yard setback shall be 7 metres;
e) the minimum landscaped area shall be 15%;
f) a 0.5 metre encroachment shall be permitted for a porch and/or balcony provided the
porch and/or balcony is located a minimum of 1.5 metres from a street line; and,
g) a 1 metre encroachment may be permitted for stairs and access ramps, provided the stairs
and/or access ramps are located a minimum of 1 metre from a street line.
For the purposes of this Site Specific Provision, Outdoor Amenity Area shall mean an area in a
rear yard used for landscaping and/or an area on a front, rear, side, or roof top balcony or deck
which has direct access from the interior of the dwelling unit but which does not serve as a primary
access into the dwelling unit.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(310)
(310) — Within the lands zoned RES -5, COM -1, and INS -1 and shown as affected by this provision
on Zoning Grid Schedules 205, 206, 207, 208, 209, and 210 of Appendix A, the following shall
apply to back-to-back townhouse dwellings:
a) the minimum yard setback shall be 3 metres from the street line of Blair Creek Drive,
Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive, or New
Dundee Road. From all other street lines, the minimum setback shall be 2 metres. No part
of any building used to accommodate off-street parking shall be located closer than 6
metres from the front lot line;
b) the minimum lot area shall be 78 square metres;
C) the minimum lot width shall be 6 metres;
d) the minimum corner lot width shall be 9.5 metres for each dwelling, and 12.5 metres for
each dwelling unit;
e) the minimum interior side yard setback shall be 0.6 metres (end units). In no case shall
end units be located closer than 1.8 metres to the dwelling on the adjacent lot;
f) the minimum rear yard setback shall be 0 metres;
g) the minimum landscaped area shall be 6.5%;
h) the maximum number of attached units shall be 16;
i) the maximum building height shall be 12.5 metres;
j) encroachments shall be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line; and,
k) more than one single detached dwelling (with or without any additional dwelling units
(attached)), semi-detached dwelling, street townhouse dwelling, or back-to-back
townhouse dwelling, shall be permitted on a lot provided that each dwelling has direct
access to an internal private driveway or road that is a common element in a registered
Condominium connecting to a public street or direct access to a public street and that
each dwelling is located on a `unit' in a Plan of Condominium. For the purposes of this
regulation, the front lot line for each Unit in a Plan of Condominium shall be deemed to be
that lot line abutting the internal driveway portion of the common element or a public street,
and the dwelling on such a Unit shall comply with all applicable zoning regulations,
including but not limited to setbacks, lot area, lot width, and parking.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(311)
(311) — Within the lands zoned RES -3, RES -4, and RES -5 and shown as affected by this provision
on Zoning Grid Schedules 209, 210, 249, and 250 of Appendix A, the following shall apply:
a) the maximum height of stairs and access ramps within 1 metre of a street line shall be 0.6
metres above finished grade level;
b) terraces, porches and decks associated with a dwelling may be located within a required
exteriorside yard provided the terrace, porch or deck is set back a minimum of 1.5 metres
from the street line whether or not covered and provided they are not enclosed and do not
exceed 1.2 metres in height above finished grade level. All railings that are attached to a
terrace, porch or deck shall be constructed in a manner and of materials that do not
obstruct visibility of approaching traffic;
C) the minimum setback for any residential building or part thereof, located on a lot which is
abutting an arterial road, as defined and classified in the City's Official Plan, shall be 12
metres from the street line, provided however that for multiple dwellings and street
townhouse dwellings containing a minimum of four dwelling units, or any residential
building with primary access from such arterial road, the setback requirements of the
applicable zone shall apply. Any buildings located less than 12 metres from an arterial
road shall be developed in accordance with mitigation measures recommended in the
approved Noise Study as part of the Plan of Subdivision approval for the lands, but such
mitigation measures shall not include noise walls or berms;
d) on a corner lot abutting two streets, the driveway shall not be located closer than 7 metres
to the intersection of the street lines abutting the lot, and,
e) on a corner lot abutting the same street, the driveway shall not be located closer than 4.5
metres to the intersection of the street lines abutting the lot.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(312)
(312) — Within the lands zoned RES -3 and RES -4 and shown as affected by this provision on
Zoning Grid Schedules 209, 210, 249, and 250 of Appendix A, the following shall apply for single
detached dwelling:
a) the minimum corner lot width shall be 12 metres;
b) the minimum front yard setback shall be 4.5 metres and no part of any building used to
accommodate off-street parking shall be located closer than 5.7 metres to the front lot line;
C) the minimum interior side yard setback shall be 0.6 metres on one side, 1.2 metres on the
other, and in the case of a cornerlotthe 1.2 metres setback shall be applied to the exterior
side yard;
d) the minimum exterior side yard setback shall be 3 metres;
e) the minimum rear yard setback shall be 7 metres;
f) the maximum building height shall be 11.5 metres; and,
g) encroachments may be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(313)
(313) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 210, 249, and 250 of Appendix A, the following shall apply:
For single detached dwelling:
a) the minimum corner lot width shall be 12 metres;
b) the minimum front yard setback shall be 4.5 metres and no part of any building used to
accommodate off-street parking shall be located closer than 5.7 metres to the front lot line;
C) the minimum interior side yard setback shall be 0.6 metres on one side, 1.2 metres on the
other, and in the case of a cornerlotthe 1.2 metres setbackshall be applied to the exterior
side yard;
d) the minimum exterior side yard setback shall be 3 metres;
e) the minimum rear yard setback shall be 7 metres;
f) the maximum building height shall be 11.5 metres; and,
g) encroachments may be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
For street townhouse dwelling:
a) the minimum lot width shall be 6 metres;
b) the minimum corner lot width shall be 9.5 metres;
C) the minimum front yard setback shall be 4.5 metres and no part of any building used to
accommodate off-street parking shall be located closer than 5.7 metres to the front lot line;
d) the minimum interior side yard setback shall be 0.6 metres (end units);
e) the minimum exterior side yard setback shall be 3 metres;
f) the minimum rear yard setback shall be 7 metres;
g) the maximum lot coverage shall be 60%, of which the habitable portion of the dwelling
shall not exceed 50% and the accessory buildings, whether attached or detached, shall
not exceed 15%;
h) the maximum building height shall be 11.5 metres;
i) encroachments may be permitted for stairs and access ramps, provided the minimum
setback to the encroachment is 1 metre from the exterior side lot line.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (313)
For multiple dwelling:
a) the minimum front yard setback shall be 4.5 metres and no part of any building used to
accommodate off-street parking shall be located closer than 5.7 metres to the front lot line;
b) the minimum interior side yard setback shall be 1.2 metres;
C) the minimum exterior side yard setback shall be 3 metres;
d) the minimum rear yard setback shall be 7 metres;
e) the minimum landscaped area shall be 15%;
f) the maximum floor space ratio shall be 0.75;
g) the maximum building height shall be 11.5 metres;
h) a 0.5 metre encroachment shall be permitted for a porch and/or balcony provided the
porch and/or balcony is located a minimum of 1.5 metres from a street line; and,
i) a 1 metre encroachment may be permitted for stairs and access ramps, provided the stairs
and/or access ramps are located a minimum of 1 metre from a street line.
For the purposes of this Site Specific Provision, Outdoor Amenity Area shall mean an area in a
rear yard used for landscaping and/or an area on a front, rear, side, or roof top balcony or deck
which has direct access from the interior of the dwelling unit but which does not serve as a primary
access into the dwelling unit.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(314)
(314) — Within the lands zoned RES -5 and shown as affected by this provision on a Zoning Grid
Schedule 153 of Appendix A, the minimum interiorside yard setbackfor a street townhouse shall
be 1.5 metres, the minimum lot width shall be 5.486 metres, and the minimum setback to a City
Arterial Street as defined and classified in the City's Official Plan shall be 11.6 metres from the
street line.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(315)
(315) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 153 and 154 of Appendix A, multiple dwellings (including cluster townhouse) shall be
setback a minimum of 7.5 metres from the property addressed as 760 Huron Road, and the
maximum building height of any building located less than 30 metres from 760 Huron Road shall
be 9.65 metres and two storeys.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(316)
(316) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule Appendix A, a single detached dwelling shall be permitted without frontage on a street.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(317)
(317) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 153 of Appendix A, the maximum height of a multiple dwelling shall be 13.6 metres.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(318)
(318) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 87 of Appendix A, the following shall apply:
a) automotive detailing and repair operation (including for major recreation equipment) shall
be permitted within the existing building and shall exclude body repair or rust proofing. A
visual barrier shall also be provided abutting any residential zone in accordance with
Section 4.18; and,
b) retail of motor vehicles and majorrecreation equipment shall be permitted as an accessory
use to an automotive detailing and repair operation or an existing gas station.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(319)
(319) — Within the lands zoned COM -1 and shown as affected by this Provision on Zoning Grid
Schedule 71 of Appendix A, the following shall apply for the existing building:
a) the minimum southerly side yard setback shall be 2.1 metres;
b) a drive aisle giving direct access to abutting parking spaces within a parking area adjacent
to Queens Boulevard shall be located 2.1 metres from the Queens Boulevard street line
and 2.6 metres from the Belmont Avenue West street line; and,
C) ingress and egress in a forward motion shall not be required for the required parking
spaces adjacent to Belmont Avenue West.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(320)
(320) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedules 142, 143, 174 and 175 of Appendix A, retail of motor vehicles and automotive detailing
and repair operation shall be permitted.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(321)
(321) — Within the lands zoned RES -3 and shown an affected by this provision on Zoning Grid
Schedules 86 and 87 of Appendix A, the following shall apply:
a) the maximum building height shall be 8 metres;
b) new semi-detached dwellings shall not be permitted; and,
C) in no case shall the building height of an additional dwelling unit (detached) be permitted
to exceed the building height of the single detached dwelling or semi-detached dwelling
on the same lot.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(322)
(322) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 71 of Appendix A, a small residential care facility shall be permitted to be occupied by
up to 10 persons, exclusive of staff.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(323)
(323) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 83 and 123 of Appendix A, the following shall apply:
a) social service establishment, place of worship, restaurant (provided it is located in a
building containing at least one other non-residential use), and personal services shall be
permitted in accordance with the regulations for non-residential uses in the RES -6 zone;
b) veterinary service shall also be permitted in accordance with the regulations for multiple
dwelling in the RES -6 zone, and provided it is not located in a building containing a
dwelling unit;
C) the minimum rear yard setback for multiple dwellings shall be 6 metres;
d) the minimum front yard and minimum exterior side yard for multiple dwellings shall be 1.2
metres;
e) the maximum front yard and maximum exterior side yard for multiple dwellings shall be
7.5 metres;
f) the minimum side yard setback for multiple dwellings shall be 1.2 metres;
g) the maximum building height shall be 36 metres;
h) the minimum floorspace ratio (FSR) for multiple dwellings and street townhouse dwellings
shall be 2 and the maximum shall be 4. For the purposes of calculating the FSR for lands
affected by this subsection, FSR shall mean the figure obtained when the total building
floor area of all buildings within Block 9 included in Draft Approved Plan of Subdivision
30T-11203, is divided by the total area of those lands being, 1.97 hectares;
i) off-site parking facilities may be located within 400 metres of the lot or block containing
the use requiring the parking, and such alternate parking may be provided in a RES -5 or
RES -6 zone; and,
j) an exclusive use patio area shall not be required for dwelling units located on the ground
floor.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(324)
(324) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 82, 83, 122, and 123 of Appendix A, the following shall apply:
a) social service establishment, place of worship, and personal services shall be permitted
in accordance with the regulations for non-residential uses in the RES -6 zone;
b) the minimum rear yard setback for street townhouse dwellings and multiple dwellings
(cluster townhouse dwellings) shall be 6 metres;
C) the minimum lot width for street townhouse dwellings shall be 4.5 metres;
d) the minimum corner lot width for street townhouse dwellings shall be 9.8 metres;
e) the minimum side yard for street townhouse dwellings or multiple dwellings (cluster
townhouse dwellings) shall be 1.2 metres;
f) the minimum exterior side yard for street townhouse dwellings shall be 4 metres;
g) for street townhouse dwellings located on a corner lot, an access driveway shall not be
located closer than 7.5 metres to the intersection of the street lines abutting the lot;
h) the maximum building height for street townhouse dwellings and multiple dwellings
(cluster townhouses dwellings) shall be 12.6 metres;
i) the minimum lot area for street townhouse dwellings shall be 95 square metres;
j) there shall be no maximum lot coverage for street townhouse dwellings;
k) an exclusive use patio area shall not be required for dwelling units located on the ground
floor,
1) the minimum floorspace ratio (FSR) for multiple dwellings and street townhouse dwellings
shall be 0.5 and the maximum shall be 1. For the purposes of calculating the FSR for lands
affected by this subsection, FSR shall mean the figure obtained when the total building
floor area of all buildings within Blocks 1, 2, 3, 4, 5, 6, 7, and 8 included in Draft Approved
Plan of Subdivision 30T-11203, is divided by the total area of those lands being, 4.15
hectares;
m) multiple dwellings (cluster townhouse dwellings) shall be permitted on blocks having no
frontage on a public street, or multiple dwellings having a lot width of less than 15 metres
provided that each dwelling has direct access to an internal private driveway or road that
is a common element in a registered condominium connecting to a public street and that
each dwelling unit is a unit of the Condominium. Notwithstanding the foregoing special
regulations, all minimum yards pertaining to cluster townhouse dwellings within such
blocks or lots shall be 1.2 metres; and
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions (324)
n) off-site parking facilities may be located within 400 metres of the lot or block containing
the use requiring the parking, and such alternate parking may be provided in a RES -5 or
RES -6 zone.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(325)
(325) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 72 of Appendix A, personal services shall be permitted to a maximum gross floor area
of 70 square metres, in accordance with the regulations for non-residential uses in the RES -5
zone.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(326)
(326) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 72 of Appendix A, the following shall apply:
a) personal services shall be permitted within the existing building and any additions thereto;
and,
b) a parking space shall be permitted to be setback a minimum of 2 metres from the Belmont
Avenue street line.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(327)
(327) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 71 of Appendix A, a commercial parking facility shall be permitted.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(328)
(328) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 83 of Appendix A, the following uses shall be permitted in accordance with the
regulations for multiple dwellings and non-residential uses in the RES -5 zone, or within the
existing building:
a) convenience retail, design business, financial establishment, health clinic, office, personal
services, place of worship, restaurant (provided it is located in a building containing at
least one other non-residential use), sales centre, social services establishment, and
veterinary services (except where located in a building containing dwelling units).
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(329)
(329) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 175 of Appendix A, the following shall apply:
a) the maximum building height measured from lowest grade level shall be 13.5 metres and
may exceed 110% of the building height measured from the highest grade level;
b) where lands affected by Site Specific Provision (329) is dedicated to the City, the
maximum floor space ratio for development on the retained portion may be calculated
based on a lot area of 4639.1 m2 (being the size of the lands prior to any dedication);
C) that on a lot containing a group home or small residential care facility with up to 6
bedrooms and a multiple dwelling with up to 25 dwelling units, parking shall be shared
between uses and unassigned, and shall be provided as follows:
i) group home or small residential care facility— 2 spaces per facility
ii) multiple dwelling with up to 25 units — 0.4 spaces per unit.
d) off-street parking and loading spaces may be located between the fagade of a new
building and the front lot line (Sheldon Avenue North), and between the fagade of an
existing building and the exterior side lot line (Highway #7). Parking and loading spaces
must be setback a minimum of 10 metres from the street line of Sheldon Avenue North;
e) a small residential care facility or a group home shall be permitted to have up to 6
residents, shall only be located in an existing building, and may be located on the same
lot as a multiple dwelling; and,
f) a multiple dwelling shall have a central air conditioning system, and special building
components as identified in the Preliminary Environmental Noise Assessment, for 290
Sheldon Avenue North, dated October 24, 2019, and the addendum thereto dated August
18, 2020, prepared by MTE Consultants Inc.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(330)
(330) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 72 of Appendix A, for the building existing on May 22, 2001, the following shall apply:
a) driveways leading to parking spaces may be located within 0.5 metres of a street line;
b) required parking spaces may be permitted to locate between the fagade of the building
and the front lot line;
C) the minimum westerly side yard shall be 1.2 metres; and,
d) the maximum building height shall be 16.1 metres.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(331)
(331) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 73 of Appendix A, the rear yard setback shall be 7 metres and the front lot line shall be
deemed to be the lot line abutting the street line on Walnut Street.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(332)
(332) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 82 of Appendix A, one dwelling unit within the existing building shall also be permitted
on an adjoining lot in accordance with the regulations of the RES -4 zone, provided that the
minimum rear yard for such adjoining lot shall be 4.9 metres.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(333)
(333) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedule 178 of Appendix A, multiple dwelling shall be permitted in accordance with the following:
a) the maximum building height shall be 6 storeys and 19 metres;
b) the minimum yard abutting the properties municipally addressed as 181 Borden Avenue
North and 435 East Avenue, shall be 8.5 metres;
C) the minimum setback from the properties municipally addressed as 181 Borden Avenue
North and 435 East Avenue shall be 28 metres for any portion of a building greater than
four storeys;
d) the minimum yard abutting the properties municipally addressed as 441, 449, 455, and
459 East Avenue shall be 14.5 metres;
e) the minimum setback from the properties municipally addressed as 441, 449, 455, and
459 East Avenue shall be 28 metres for any portion of a building greater than five storeys;
f) the minimum yard abutting the property municipally addressed as 141-149 Borden Avenue
North shall be 1.5 metres;
g) the minimum setbackfrom the property municipally addressed as 141-149 Borden Avenue
North shall be 21 metres for any portion of a building greater than five storeys;
h) the minimum yard abutting the Borden Avenue North street line shall be 6 metres;
i) the minimum setback from the Borden Avenue North street line shall be 10 metres for any
portion of a building greater than five storeys;
j) a minimum of 1 bicycle stall, which is either in a building or structure or within a secure
area such as a supervised parking lot or enclosure with a secure entrance or within a
bicycle locker, per dwelling unit shall be provided;
k) a minimum of 6 bicycle stalls, which are located in accessible and highly visible locations
near the entrance of a building and are accessible to the general public, shall be provided;
I) the off-street parking rate shall be 0.85 spaces per unit, inclusive of 0.1 visitor parking
spaces per unit;
m) one off-street visitor car share space shall be provided per lot; and,
n) the minimum setback for surface parking shall be 2.3 metres from properties municipally
addressed as 181 Borden Avenue North and 435, 441, 449, 455, and 459 East Avenue.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(334)
(334) — Within the lands zoned RES -1 and EUF-1 and shown as affected by this provision on
Zoning Grid Schedules 250 and 251 of Appendix A, a tradesperson or contractor's establishment
shall be permitted as a home occupation (indoor storage and administrative office only) within a
single detached dwelling and/or existing accessory structure, in accordance with Section 4.7
(Home Occupation) and the following regulations:
a) the maximum area of the home occupation in all buildings shall not exceed the lesser of
25% of the gross floor area of the single detached dwelling, or 50 square metres;
b) no activities associated with the home occupation shall occur outside of a building;
C) the home occupation shall not create noise, vibration, fumes, odour, dust, glare, or
radiation which is evident outside the building;
d) no repair of parts of accessories for motor vehicles or major recreation equipment shall be
permitted; and,
e) no repair service shall be conducted in a detached accessory building.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(335)
(335) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 107 of Appendix A, at no point shall the vertical distance between the lowest finished
grade and the uppermost point of the building exceed 135% of the maximum building height for
street townhouse dwellings.
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(336)
(336) — Within the lands zoned RES -6 and shown as affected by this provision on Zoning Grid
Schedules 65 and 66 of Appendix A, the following shall apply:
a) the maximum building height for multiple dwellings shall be 30 metres and may exceed 8
storeys; and,
b) the minimum height of the ground floor shall be 4.5 metres.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(337)
(337) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedule 221 of Appendix A, the maximum floor space ratio shall be 0.85 and the maximum
building height shall be 12.5 metres and 4 storeys.
City of Kitchener Zoning By-law 2019-051
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Attachment 2: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 19 — Site Specific Provisions
(338)
(338) — Within the lands zoned RES -5 and shown affected by this provision on Zoning Grid
Schedule 234 of Appendix A, the following shall apply:
a) on-site parking shall be provided at a minimum rate of 1.3 parking spaces per dwelling
unit;
b) visitor parking shall be provided at a minimum rate of 15% of the total required parking
spaces;
C) the minimum rear yard setback shall be 1.5 metres;
d) the minimum easterly side yard setback shall be 7 metres; and,
e) the maximum building height shall be 10.5 metres and in no case shall exceed 356.5
metres above sea level.
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Page 492 of 519
Attachment 3
Section 20 — Holding Provisions
Page 493 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(21 H)
(21H) — Within the lands zoned RES -1 and RES -2 and shown as affected by this provision on
Zoning Grid Schedules 127, 128, 134, and 135 of Appendix A, no development on the lands shall
occur until such time as the City's Director of Planning is in receipt of a letter from the City's
Director of Engineering and/or the City's Director of Transportation advising that an adequate
public street is `available' to provide frontage and safe access for the lot(s) or that "acceptable
arrangements" have been made therefor, and this holding provision has been removed by by-law.
City of Kitchener Zoning By-law 2019-051
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Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(22H)
(22H) — Within the lands zoned RES -1 as shown on Zoning Grid Schedules 216 of Appendix A
and shown as affected by this provision, no new buildings or structures are permitted on the lands
until such time as:
a) the City's Director of Planning is in receipt of a clearance letter from the City's Director of
Engineering advising that adequate City services are "available" or that "acceptable
arrangements" have been made therefor;
b) an Environmental Impact Study has been approved by the City's Director of Planning; and,
C) this holding provision has been removed by by-law.
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Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(23H)
(23H) — Within the lands zoned RES -1 and shown as affected by this provision on Zoning Grid
Schedule 254 of Appendix A, no development shall occur on the lands until the City's Director of
Planning is in receipt of a letter from the Region advising that the Region's requirements have
been satisfied regarding the submission of an Environmental Impact Assessment pertaining to
development within or adjacent to an Environmentally Sensitive Policy Area, and this holding
provision has been removed by by-law.
City of Kitchener Zoning By-law 2019-051
Page 496 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(25H)
(25H) — Within the lands shown as affected by this provision on a Zoning Grid Schedule of
Appendix A the following uses shall not be permitted unless existing at the date of passing of this
By-law until the Region has received acknowledgement from the Ministry of the Environment,
Conservation, and Parks advising that a Record of Site Condition has been completed in
accordance with the relevant Ontario legislation:
a) any residential use;
b) day care facility; and,
C) hospice, lodging house, small residential care facility, and large residential care facility.
City of Kitchener Zoning By-law 2019-051
Page 497 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(26H)
(26H) — Within the lands zoned RES -7 and shown as affected by this provision on Zoning Grid
Schedules 240 and 266 of Appendix A, no development on the lands shall occur until such time
as the City's Director of Planning is in receipt of a letter from the City's Director of Engineering
advising that adequate Regional services and/or roadworks are "available" or that "acceptable
arrangements" have been made therefor, and this holding provision has been removed by by-
law.
City of Kitchener Zoning By-law 2019-051
Page 498 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(27H)
(27H) — Within the lands zoned RES -7 and shown as affected by this provision on Zoning Grid
Schedule 11 of Appendix A, no development on the lands shall occur until such time as the City's
Director of Planning is in receipt of a clearance letter as required from the City of Kitchener's
Director of Engineering advising the City's Director of Planning that adequate City services and/or
roadworks are "available" or that "acceptable arrangements" have been made therefor, and this
holding provision has been removed by by-law.
City of Kitchener Zoning By-law 2019-051
Page 499 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(28H)
(28H) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 250 of Appendix A, no development shall be permitted until such time as the City is in
receipt of a letter from the Region, advising that the Region's requirements have been satisfied
with respect to the submission and clearance of an Archeological Assessment, and this Holding
Provision has been removed by By-law.
City of Kitchener Zoning By-law 2019-051
Page 500 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(29H)
(29H) — Within the lands zoned RES -5, OSR-2 and NHC-1 and shown as affected by this
subsection on Zoning Grid Schedules 153, 154, 163 and 164 of Appendix A, no residential uses
or private day care facility shall be permitted until such time as the City is in receipt of a letter from
the Region, advising that the Region's requirements have been satisfied with respect to the
submission of a detailed noise impact assessment for traffic noise, based on the proposed site
plan, to address compatibility; and this holding provision has been removed by By-law.
City of Kitchener Zoning By-law 2019-051
Page 501 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(30H)
(30H) — Within the lands zoned RES -5 and OSR-2 and shown as affected by this provision on
Zoning Grid Schedules 8, 23 and 24 of Appendix A, the holding provision will not be removed
unless development within the identified area complies with the Minimum Distance Separation
Formulae for any equestrian establishment located west of Trussler Road in Wilmot Township.
City of Kitchener Zoning By-law 2019-051
Page 502 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(31 H)
(31H) — Within the lands zoned RES -2 as shown on Zoning Grid Schedules 153 and 154 of
Appendix A and shown as affected by this provision, no development on the lands shall occur
until such time as the City's Director of Planning is in receipt of a clearance letter as required from
the City of Kitchener's Director of Engineering advising the City's Director of Planning that
adequate City services and/or roadworks are "available" or that "acceptable arrangements" have
been made therefor, and this holding provision has been removed by by-law.
City of Kitchener Zoning By-law 2019-051
Page 503 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(32H)
(32H) — Within the lands zoned COM -1 and shown as affected by this provision on Zoning Grid
Schedule 250 of Appendix A, no building permits shall be issued until such time as:
a) the City's Director of Planning is in receipt of a letter from the City's Director of Engineering
that adequate water services are "available" to the lands or that "acceptable
arrangements" have been made therefor; and,
b) this holding provision has been removed by by-law.
City of Kitchener Zoning By-law 2019-051
Page 504 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(33H)
(33H) — Within the lands zoned RES -4 and shown as affected by this provision on Zoning Grid
Schedule 82 of Appendix A, day care facility and any form of residential use shall not be permitted
until such time as:
a) the City and the Region are in receipt of a Record of Site Condition, prepared in
accordance with the Guideline for Use at Contaminated Sites in Ontario and
acknowledged by the Ministry of the Environment, confirming that the subject property is
suitable for day care facility or residential purposes;
b) the City is in receipt of a letter from the Region, advising that the Region's requirements
have been satisfied with allowing residential use, having considered the potential adverse
environmental condition or constraints caused by nearby industrial uses; and,
C) the holding symbol affecting these lands has been removed by By-law.
City of Kitchener Zoning By-law 2019-051
Page 505 of 519
Attachment 3: ZBA22/003/COK/RK (CRoZBy Stage 2b)
SECTION 20 — Holding Provisions
(34H)
(34H) — Within the lands zoned RES -5 and shown as affected by this provision on Zoning Grid
Schedules 86 and 124 of Appendix A, day care facility, and any new dwelling units shall not be
permitted until such time as:
a) the City and the Region are in receipt of a Record of Site Condition, prepared in
accordance with the Guideline for Use at Contaminated Sites in Ontario and
acknowledged by the Ministry of the Environment, for this property or the adjacent former
industrial property, confirming that the subject property is suitable for day care facility or
residential use; and,
b) the holding symbol affecting these lands has been removed by By-law.
City of Kitchener Zoning By-law 2019-051
Page 506 of 519
Attachment 4
Appendix E— Properties within 800 metres of a Light Rail Transit (LRT) Station
Page 507 of 519
Attachment 4: ZBA22/003/COK/RK (CRoZBy Stage 2b)
Appendix E: ProMi-ties within 8fnetres of a Qyht Rail Trinsit (LR IJ Stadw
Light Rail Transit (LRT)
Station
La,ndp, zoried RES- 1 through IRES-5 located withiin 800 metres of an LRT Stabxi are subject to reduced parking requirements
for Addlitiorial IDwdlliiiing, Unit (IDetached). These regulations are included in Section 5.
WEIHS C SCLu E i ��,Ofle,
Page 508 of 519
Appendix B — Notice of Statutory Open House and Public Meeting Report: DSD -2022-088
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND AN OPEN HOUSE AND A PUBLIC MEETING TO DISCUSS
A PROPOSED CITY -INITIATED ZONING BY-LAW AMENDMENT
UNDER SECTIONS 26(9) AND 34 OF THE PLANNING ACT
COMPREHENSIVE REVIEW OF THE ZONING BY-LAW — RESIDENTIAL ZONES (STAGE 213)
The City of Kitchener is undertaking a Comprehensive Review of its Zoning By-law (CRoZBy) administered in stages
through Zoning By-law 2019-051. Zoning by-laws state exactly how land can be used and where buildings and other
structures can be located. The City's current by-law is over 30 years old and requires an update to implement the City's new
Official Plan.
The current proposed amendment to Zoning By-law 2019-051, CRoZBy Stage 2B, primarily applies the new residential
(RES) zones to most residential lands within the City. No key map is provided due to the nearly City-wide nature of the
proposed amendment. In most cases, there are minor differences between the old and new residential by-laws.
In May 2021, Council approved the new residential zones that consolidated the former nine residential zones (R1 — R9) into
seven new residential zones (RES -1 — RES -7). This was called Stage 2a. It also established regulations that apply to
residential zones (e.g. parking and garage width). It did not apply these new zones to any residential properties.
Key differences between the old and new residential zones include:
• Allowing three units within a single detached house in the RES -1 — RES -5 zones (three units are currently allowed,
but one of these must be a backyard home in a detached building);
• Changes to minimum and maximum driveway and garage widths; and,
• Requiring new buildings have similar setbacks and building height to adjacent buildings within established
neighborhoods.
The proposed amendment for CRoZBy Stage 2b also:
• applies Natural Heritage Conservation (NHC-1) zoning to parts of properties to conserve environmental features in
accordance with the Official Plan;
• applies residential zones to lands that are currently used for residential purposes, but zoned for agricultural use;
• applies a future use zone (FTR-1) on lands planned for future development, but where additional studies are
required prior to development;
• applies new agricultural zoning (AGR -1 & AGR -2) to lands designated for agriculture in the Official Plan;
• applies other non-residential zones on a small number of properties; and,
• includes minorchanges to otherzoning regulations to improve clarity and administration such as modified definitions
and regulations.
City staff have already contacted property owners directly where substantial zoning changes are proposed.
Open House
The purpose of the Open House is to review and ask questions about the proposed zoning before the Public Meeting.
Tuesday, February 22"d, 2022
4:00 — 7:00 p.m. via Zoom
Email crozbv(cDkitchener.ca to RSVP
A staff presentation will be provided at 4:00 p.m. Individual drop-in times with staff will be available from 4:30 — 7:00 p.m.
Public Meetina
In keeping with physical distancing measures recommended by Public Health due to COVID-19, an electronic public
meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning
matters, on:
Wednesday, March 9, 2022 at 6:00 p.m.
(live -stream video available at kitchener.ca/watchnow)
Page 509 of 519
Appendix B — Notice of Statutory Open House and Public Meeting Report: DSD -2022-088
If you wish to make written and/or verbal comments either in support of, or in opposition to, the above noted proposal you
may register as a delegation at the public meeting at kitchener.ca/delegations or by contacting Legislated Services at
519-741-2200 ext. 2203 by no later than 4:00 p.m. on March 9, 2022. A confirmation email and instructions for
participating in the meeting electronically with be provided once your registration is received.
If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the
Ontario Lands Tribunal, but the person or public body does not make oral submissions at a public meeting or make
written submissions to the City of Kitchener prior to approval/refusal of this proposal, the person or public body
is not entitled to appeal the decision.
If a person or public body does not make oral submissions at a public meeting, or make written submissions to
the City of Kitchener before the by-law is passed, the person or public body may not be added as a party to the
hearing of an appeal before the Ontario Land Tribunal unless, in the opinion of the Tribunal, there are reasonable
grounds to do so.
ADDITIONAL INFORMATION about this matter including information about appeal rights is available by contacting the staff
person(s) noted below. You may also visit the project webpage at kitchener.ca/crozbv. The proposed consolidated zoning by-
law, including mapping, permitted uses and associated regulations for your zone and a comparison of how the existing and
proposed zoning applies to your property is available now at kitchener.ca/crozbv. The staff report contained in the meeting
agenda is posted 10 days before the meeting at www.kitchener.ca (search `Council and committee meetings', select `Council
and committee calendar', and select the appropriate date and committee).
If you wish to be notified of the decision of the City of Kitchener with respect to applications, you must make a written request to
the City Clerk, Department of Corporate Services, 200 King Street West, P.O. Box 1118, Kitchener, Ontario, N2G 4G7.
Richard Kelly-Ruetz, Planner (Policy) - 519-741-2200 x7110 (TTY: 1-866-969-9994); crozby(a)kitchener.ca
Page 510 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 1 — Summary of Public Engagement
Date of Open House:
June 8, 2021
Participants in Ward 1 engagement:
47 residents
Number of Properties Zoned in Stage 2b:
6,000
Number of NHC-1 Properties:
97
Highlights of engagement with property owners:
• Kestrel Street & Old Cottage Place. Some of these properties abut steep slopes of the
Grand River and are proposed to be partially zoned natural heritage (NHC-1). Through
conversations with property owners information was provided about what the boundary of
the NHC-1 zone was based on.
88-132 Woolwich Street. These properties are currently zoned Agriculture (A-1) and
designated residential in the Official Plan. Due to the large area and depth of these
properties, they were proposed to allow for a significant increase in density through
application of the RES -5 zone on the properties (up to 3 storey apartments). Property
owners within 120 metres of the properties were mailed a notice of this change; minimal
comments were received. One resident had concerns about traffic and other residents
supported the proposed change.
• 168-170 Woolwich Street. Property is proposed to be split zoned between residential
(RES -2) and NHC-1. Property owner submitted comments objecting to the proposed NHC-
( on portions of the property and requested further background on the wetland proposed
to be zoned NHC-1. Staff provided a response to these concerns.
30 Sunbridge Crescent. This property is proposed to be split -zoned between NHC-1 and
RES -1. Property owners expressed a desire to have existing structures legalized in NHC-
1 area, with some flexibility for new accessory structures near the front of the property.
Staff supported legalizing existing accessory structure on property. A site specific zoning
provision is recommended for the front portion of the property zoned NHC-1 to allow
structures like sheds to be built in the wooded area in the future, subject to trees being
protected.
Page 511 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 2 — Summary of Public Engagement
Date of Open House:
February 6, 2020
Participants in Ward 2 engagement:
31 residents
Number of Properties Zoned in Stage 2b:
8,200
Number of NHC-1 Properties in Stage 2b:
56
Highlights of engagement with property owners:
• Woolner Trail. Property owners on Woolner Trail expressed concern with proposed RES -
2 zoning for City -owned land on the south end of Woolner Trail and a lack of park space
in the area. Staff responded that the proposed RES -2 zoning on the property implements
the City's Low Rise Residential designation on the property.
Proposed RES -2 zoning on Woolner Trail
Page 512 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 3 — Summary of Public Engagement
Date of Open House:
December 9, 2021
Participants in Ward 3 engagement:
13 residents
Number of Properties Zoned in Stage 2b:
2,700
Number of NHC-1 Properties in Stage 2b:
74
Highlights of engagement with property owners:
• Floodplain zoning. Portions of some properties in Ward 3 are within a floodplain and
received Existing Use Floodplain (EUF-1) zoning. In most cases, these properties are
already partially zoned floodplain. Staff clarified the EUF-1 zoning to residents and
explained the implications.
• Edgehill Drive & Limerick Drive. Some properties on Edgehill Drive & Limerick Drive are
proposed to be zoned natural heritage conservation (NHC-1) towards the rear along the
Grand River. Some property owners had further questions or concerns about the proposed
zoning while others were supportive — staff provided an explanation or response, as
needed.
Page 513 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 4 — Summary of Public Engagement
Date of Open House:
December 9, 2021
Participants in Ward 4 engagement:
52 residents
Number of Properties Zoned in Stage 2b:
6,600
Number of NHC-1 Properties in Stage 2b:
124
Highlights of engagement with property owners:
35 Dodge Drive. Discussions with a resident whose property is currently zoned
Agricultural Zone (A-1) and proposed to be zoned residential. Staff clarified that property
is too small under current A-1 zoning to permit agriculture uses. Property owner asked if
staff could consider "urban agriculture" uses on their property. Staff is open to exploring
"urban agriculture" as the Official Plan is supportive of this use; staff explained that this is
out -of -scope of CRoZBy Stage 2b and may be explored in the future.
• 900 New Dundee Road. The property is currently zoned Agriculture (A-1) and proposed
to be zoned residential. The property owner shared that they operate a landscaping
company as a home business from this property (indoor storage and office only). Staff
supported allowing this use on the property in the new zoning.
• Upper Doon Heritage District. Residents in the district express desire to retain existing
zoning rules for backyard chickens. In response, staff carried forward these permissions.
• 942 Doon Village Road. This property was proposed to be zoned RES -5 which allows
small apartments. A 2021 severance created 5 lots for single detached dwellings. A
nearby resident suggested staff consider a `lower -rise' residential zone for this property to
align with severance. Staff supported this request and changed zoning to RES -2.
• New Dundee FTR-1 property. A large unaddressed property on the south side of New
Dundee Road near the hydro corridor was proposed to be zoned Future Use (FTR-1) as
further study is needed prior to commercial development. The property is currently vacant.
The property is currently zoned Agriculture (A-1). The property owner expressed an
interest in maintaining flexibility for future agricultural uses on the property. Staff supported
this request.
• 500 Stauffer Drive. This property was proposed to be zoned Future Use (FTR-1) as
further study is needed prior to development. The property is currently zoned Agriculture
(A-1) and is used for a single detached dwelling, bed and breakfast, and agriculture uses.
Staff supported allowing these uses on the property in the new zoning.
Page 514 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 5 — Summary of Public Engagement
Date of Open House:
December 9, 2021
Participants in Ward 5 engagement:
5 residents
Number of Properties Zoned in Stage 2b:
7,300
Number of NHC-1 Properties in Stage 2b:
2
Highlights of engagement with property owners:
• Limited concerns raised from property owners in Ward 5. Most properties are proposed to
undergo only administrative changes in zoning.
Page 515 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 6 — Summary of Public Engagement
Date of Open House:
July 29, 2021
Participants in Ward 6 engagement:
4 residents
Number of Properties Zoned in Stage 2b:
5,100
Number of NHC-1 Properties in Stage 2b:
8
Highlights of engagement with property owners:
• 5-7 Rittenhouse Road. Worked with current property owners to clarify proposed RES -7
zoning, including implementation of the Official Plan's High Rise Residential designation
on the property.
1188 Ottawa Street South. The proposed zoning of 1188 Ottawa Street South was
initially residential. Property owner provided comments requesting a neighbourhood
commercial zone (COM -1) to recognize existing optometry clinic on the property. Staff
changed proposed zoning to COM -1 in response to these comments. The COM -1 zone
applies to lands with non-residential uses that are designated residential to provide for
neighbourhood commercial uses.
Page 516 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 7 — Summary of Public Engagement
Date of Open House:
July 29, 2021
Participants in Ward 7 engagement:
58 residents
Number of Properties Zoned in Stage 2b:
7,600
Number of NHC-1 Properties in Stage 2b:
92
Highlights of engagement with property owners:
80-110 Trussler Road. These 6 properties are currently zoned Residential Two Zone (R-
2) and proposed to be zoned RES -1 with portions of the rear yards being zoned natural
heritage conservation (NHC-1) to recognize the wooded area and/or wetland. Property
owners expressed concern with the proposed NHC-1 zone, particularly with respect to
property values and their ability to construct buildings in the area proposed to be zoned
NHC-1. In response, staff added flexibility to the NHC-1 zone in this neighbourhood to
allow structures like sheds to be built in the wooded area in the future, provided the trees
can be protected. Based on a review of technical information and site visits, an adjustment
to the NHC-1 boundary was also made at the front of 96 & 100 Trussler Road removing it
from the NHC-1 zone. Staff understands that some property owners continue to have
concerns with the NHC-1 zoning.
• 242-270 Driftwood Drive. Based on detailed comments received, adjusted NHC-1
boundary on these properties to align with the steep slopes and existing retaining walls.
Driftwood Drive / Yellow Birch Drive / Stonehenge Place. Approximately 20 property
owners with wooded area on their property proposed to be zoned NHC-1 sent staff a set
of questions about the NHC-1 zone. In December 2021, staff responded to these residents
with a Q&A sheet about the NHC-1 zone. Most concerns were addressed; some property
owners remain opposed to the proposed NHC-1 zoning and others expressed support
with the changes. Staff also added a site specific provision to the NHC-1 zone in this
neighbourhood to allow structures like sheds to be built in the wooded area in the future,
provided the trees can be protected.
Page 517 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 8 — Summary of Public Engagement
Date of Open House:
July 29, 2021
Participants in Ward 8 engagement:
12 residents
Number of Properties Zoned in Stage 2b:
4,900
Number of NHC-1 Properties in Stage 2b:
6
Highlights of engagement with property owners:
1122 Queens Boulevard. This property contains a vacant building which was formerly
the MacQuarrie School. The property is currently held in trust by the City for the school
board and there is a trail going through the property. This property is currently zoned
institutional (1-1) and proposed to allow a significant increase in density through Stage 2b
and the application of the RES -5 zone on the property (up to 3 storey apartments).
Residents within 120 metres of the property were mailed a notice of this change; a variety
of comments were submitted related to traffic, density, parking, and ensuring the City trail
will remain long-term. Many of these concerns would be addressed through a future site
plan process; staff changed the zoning of the trail to an `open space' zone which would
facilitate the trail being maintained for the long-term.
Property at 1122 Queens Boulevard
Page 518 of 519
Appendix C — Summary of Engagement by Ward Report: DSD -2022-088
Ward 9 & 10 — Summary of Public Engagement
Date of Individual Meetings With Property Owners:
February 2022
Number of Properties Zoned in Stage 2b:
Ward 9: 2,300
Ward 10: 3,400
Number of NHC-1 Properties in Stage 2b:
Ward 9: 6
Ward 10: 0
Highlights of engagement with property owners:
41 letters were mailed to property owners in Wards 9 & 10.
• Wards 9 & 10 had fewer properties zoned due to significant portions of these wards being
within Neighbourhood Planning Review (NPR) areas, Major Transit Station Areas (MTSA),
or located in Downtown Kitchener. These areas will be zoned through other ongoing
projects.
• Of the properties zoned in Wards 9 & 10, most are administrative in nature.
Page 519 of 519