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HomeMy WebLinkAboutHK Agenda - 2024-01-09Heritage Kitchener Committee Agenda Tuesday, January 9, 2024, 4:00 p.m. - 6:00 p.m. Council Chambers City of Kitchener 200 King Street W, Kitchener, ON N2G 4G7 People interested in participating in this meeting can register online using the delegation registration form at www.kitchener.ca/delegation or via email at delegation(a)kitchener.ca. Written comments received will be circulated prior to the meeting and will form part of the public record. The meeting live -stream and archived videos are available at www.kitchener.ca/watchnow. *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 - J. Haalboom Vice -Chair - P. Ciuciura Pages 1. Commencement 2. Disclosure of Pecuniary Interest and the General Nature Thereof Members of Council and members of the City's local boards/committees are required to file a written statement when they have a conflict of interest. If a conflict is declared, please visit www. kitchener. ca/conflict to submit your written form. 3. Delegations Pursuant to Council's Procedural By-law, delegations are permitted to address the Committee for a maximum of five (5) minutes. 3.1 Item 4.1 - Vanessa Hicks - MHBC Planning 4. Discussion Items 5. 4.1 Heritage Permit Application HPA-2023-IV-031, 628 New Dundee Road, Partial Demolition and Relocation of Original Farmhouse, DSD -2024- 012 4.2 Heritage Permit Application HPA-2023-IV-030, 149-151 Ontario St N and 21 Weber St W, Partial Demolition with Retention of Facades and New Construction of a 27 -storey Mixed - Use Tower, DSD -2024-008 4.3 Growing Together - Heritage Implementation Measures, DSD -2024-009 4.4 Municipal Heritage Register Review - January 2024 Update, DSD -2024-022 4.5 Strategic Plan and Heritage Kitchener Committee's Mandate Information Items 5.1 Heritage Permit Application Tracking Sheet Adjournment Marilyn Mills Committee Administrator 15m 3 15 m 176 15 m 209 10m 385 15m 415 Page 2 of 415 Staff Report Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director, Housing and Development Approvals, 519-741-2200 ext. 7070 PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7291 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: December 12, 2023 REPORT NO.: DSD -2024-012 SUBJECT: Heritage Permit Application HPA-2023-IV-031 628 New Dundee Road Partial Demolition and Relocation of Original Farmhouse RECOMMENDATION: That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-031 be approved to permit: 1. The partial demolition of the dwelling involving the removal of the contemporary additions on the south and west elevation; and 2. The relocation of the remaining dwelling, approximately 50 metres to the south- west of the original location, On the subject property municipally addressed as 628 New Dundee Road, in accordance with the supporting documentation submitted and subject to the following conditions: a) That the final Heritage Impact Assessment and Conservation and Relocation Plan be submitted and approved by the Director of Housing and Development Approvals prior to the issuance of a Heritage Permit; b) That a final Documentation and Salvage Plan be submitted to the satisfaction of the City's Manager of Development Review and the City's Heritage Planner prior to the issuance of a Heritage Permit; c) That a final Commemoration and Interpretation Plan be submitted to the satisfaction of the City's Manager of Development Review and the City's Heritage Planner prior to the issuance of a Heritage Permit; *** 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 415 d) That the final demolition permit be reviewed, and heritage clearance provided by Heritage Planning Staff prior to the issuance of a demolition permit; and e) That the final building permit be reviewed, and heritage clearance provided by Heritage Planning Staff prior to the issuance of a building permit. REPORT HIGHLIGHTS: • The purpose of this report is to present the proposed redevelopment of the subject property municipally addressed as 628 New Dundee Road, which is currently listed as a non -designated property of cultural heritage value or interest on the Municipal Heritage Register. A Notice of Intention to Designate the property was passed by Council on December 11, 2023. The applicant is proposing relocating the existing two- storey farmhouse on site, approximately 50 metres to the southwest, in order to facilitate the construction of eleven blocks of stacked townhomes in addition to on-site amenity space and an internal private road system. • The key finding of this report is that though partial demolition and relocation of the building is proposed, the work maintains the identified heritage attributes and the cultural heritage value or significance of the subject property. • There are no financial implications. • Community engagement included consultation with the Heritage Kitchener Committee. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Heritage Permit Application HPA-2023-IV-031 proposes the partial demolition and relocation of a 19th century farmhouse on the property municipally addressed as 628 New Dundee Road. The proposal is intended to facilitate the redevelopment of the subject property and adjacent property, which includes the construction of a new townhome development. 628 New Dundee Road is currently listed as a non -designated property of cultural heritage value or interest on the Kitchener Municipal Heritage Register. A Notice of Intention to Designate the property under Part IV of the Ontario Heritage Act was passed by Council on December 11, 2023, though a designating by-law has not yet been passed. A draft Heritage Impact Assessment (HIA) was completed as part of the site plan application for the proposed work, and the original components of the farmhouse were identified as being the primary heritage attributes of the site. As such, and in combination with the recommendations made by the HIA, the protection and conservation of the heritage attributes will be achieved as the new construction takes place. Additional key documents were also requested as part of the site plan and have been prepared and submitted to City Heritage Planning Staff as part of this Heritage Permit Application. The information within these documents outlines how the work proposed will ensure the protection and conservation of the identified heritage resource and have helped to inform Heritage Planning Staffs recommendation for approval. These key documents are summarized in this report. Page 4of415 BACKGROUND: The Development Services Department is in receipt of Heritage Permit Application HPA- 2023-IV-031, which seeks permission for the partial demolition of the dwelling on the subject property municipally addressed as 628 New Dundee Road. The contemporary additions to the south and west are proposed to be removed, and the original 1848 portions retained. The retained portion is then proposed to be lifted from the original foundation and relocated on-site to a new foundation located approximately 50 metres to the southwest. This work is part of an active site plan application (SP23/053/N/ES), which also encompasses the property adjacent to the east identified as Block 111 on Plan 58M-528. HII OHIO. A Ox j y� 'U F Figure 1: Location Map of Subject Property 628 New Dundee Road is listed as a non -designated interest on the Kitchener Municipal Heritage Register the submission of a Heritage Impact Assessment (F complete submission of the above -noted planning prepared by MHBC Planning Ltd. on behalf of Fusion Kitchener Committee on September 5t", 2023. property of cultural heritage value or Due to the subject property's status, A) was made a requirement for the application. The resulting HIA was comes and presented to the Heritage The Notice of Intention to Designate 628 New Dundee Road under Part IV of the Ontario Heritage Act was presented to the Heritage Kitchener on November 7, 2023, and was passed by Council on December 11, 2023. Council resolved: "That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 628 New Dundee Road as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-482." Page 5 of 415 The Notice of Intention to Designate is anticipated to be published on December 15th, 2023. A designating by-law has not yet been passed by Council. The conditional approval of the site plan includes a condition requiring the designating by-law to be passed under Part IV of the Ontario Heritage Act prior to final Site Plan Approval. The designating by-law will be passed within 120 days of the ad being published. Through the designating by-law, 628 New Dundee Road will be recognized for its design/physical, historical/associative, and contextual value. It is identified as meeting the following criteria: Criteria Criteria Met? 1. The property has design value or physical value because it is a Yes rare, unique, representative or early example of a style, type, material, or construction method. 2. The property has design value or physical value because it No displays a high degree of craftsmanship or artistic merit. 3. The property has design or physical value because it No demonstrates a high degree of technical or scientific achievement. 4. The property has historical value or associative value because it Yes has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. 5. The property has historical or associative value because it yields, Yes or has the potential to yield, information that contributes to an understanding of a community or culture. 6. The property has historical value or associative value because it No demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 7. The property has contextual value because it is important in No defining, maintaining or supporting the character of an area. 8. The property has contextual value because it is physically, Yes functionally, visually, or historically linked to its surroundings. 9. The property has contextual value because it is a landmark. No Page 6of415 The heritage attributes identified in the attributes list of the proposed Statement of Significance to accompany the designating by-law are as follows: • Elements related to the original 1848 farmhouse structure, including: 0 1.5 storey yellow brick construction in the Gothic Revival Cottage architectural style, including the original portion of the building as well as the rear summer kitchen addition; o Side -gabled roofline with steeply pitched south (front) elevation gable; o Bullnose stretcher bricks at the base of the dwelling, above the foundation at the south, east, and west elevations; o South (front) elevation fronting New Dundee Road, including the following: ■ Symmetrical 3 -bay fagade with central door opening and rectangular window openings; ■ Arched window opening within the front elevation gable, including decorative brickwork/drip mold; ■ All brick voussoirs above window openings and concrete sills; o West (side) elevation of dwelling: ■ Yellow brick construction; ■ Original window openings o East (side) elevation of dwelling: ■ Yellow brick construction; and ■ Two rectangular -shaped window openings at the second storey, including brick voussoirs and concrete sills. ■ One rectangular -shaped window opening at the first storey, including brick voussoirs and concrete sills; ■ Rear addition (summer kitchen): East elevation door opening at the first storey, including brick voussoir; ■ Rectangular -shaped window opening located south of the door opening at the first storey, including concrete sill. o Visibility of the primary (front) elevation of the dwelling from New Dundee Road. REPORT: The subject property municipally addressed as 628 New Dundee Road is located on the north side of New Dundee Road, south of Blair Creek Drive and west of Robert Ferrie Drive. The subject property currently contains three structures; a farmhouse constructed c.1848, an original barn constructed c. 1848, and an outbuilding whose exact construction date is unknown. The farmhouse and barn both have multiple contemporary additions that were added in the twentieth century. The structures are situated on a parcel of land approximately 3.69 acres in size located within the Doon South Planning Community of the City of Kitchener, Region of Waterloo. Page 7 of 415 1 7Z� 10 ijAMP F:uIll II MEL Proposed Redevelopment The proposed redevelopment encompasses both 628 New Dundee Road and the property directly adjacent to the east, identified as Block 111 on Plan 58M-528. Of the two properties, 628 New Dundee Road is the only one to possess any heritage status. The proposed redevelopment includes the retention and relocation on-site of the existing farmhouse, to a new foundation approximately 50 metres to the southwest. The relocated dwelling will continue to be used for residential purposes. The relocation will facilitate the construction of eleven blocks of stacked townhomes for a total of 211 dwelling units, in addition to on-site amenity space and an internal private road system. Concerning the heritage resource, the work can be broken into three parts: the demolition of the contemporary additions on the farmhouse, the relocation of the farmhouse on-site to a new foundation approximately 50 metres to the southwest, and the alterations that will be necessitated as a result of the first two phases. This heritage permit application relates to the first two phases of work. Figure 3: Site Plan of Proposed Redevelopment Page 9 of 415 Demolition of Contemporary Additions Several additions have been added to the 19th century farmhouse, including a rear addition and garage to the north and a side addition to the west, constructed c. 1966, and a gable and balcony to the east, constructed sometime in the 20th century. These contemporary portions are comprised of concrete block foundations, vinyl siding, and contemporary vinyl windows. Two of the chimneys on the house were also determined to be 20th century additions, and not original to the structure. The HIA concluded that the original portion of the dwelling held heritage value, while the additions did not hold any significance. Per the HIA, the removal of the contemporary additions can be classified as a neutral impact but will necessitate sympathetic alterations to the elevations exposed by their removal. A submitted Conservation Plan provides appropriate guidance for these alterations, and an additional Heritage Permit Application for these changes is anticipated to be submitted at a later date. Photographic documentation and measured architectural drawings of the home in its current state have been completed and included in a Documentation and Salvage Plan, creating a permanent record of the property's history. The heritage attributes referenced in the Notice of Intention to Designate, and the Draft Statement of Significance for the Designating By-law are limited to features located on the original 1848 part of the farmhouse only. There are no references to elements on or within any of the existing additions. Details on the proposed methodology for the demolition of the additions and treatments after demolition are provided in the section of this report titled "Draft Conservation and Commemoration Plan" which summarizes the information provided within the submitted Draft Conservation and Commemoration Plan. Page 10 of 415 Door Opening "A" South Elevation u Door Opening "B"' West Elevation r • T ° � Door 0pening "C* -'`s East Elevatiorj aid I ,W, . ,VIF f =� 0040141% t Relocation Once the contemporary additions have been removed, it is proposed that the original 19th century farmhouse be removed from its foundation and relocated on-site to a new foundation approximately 50 metres to the southwest. This will place is on a large corner lot in a prominent location of the new redevelopment, being located at an entrance point. Per the site plan, the home will then be accessed via a new driveway stemming from the new internal road system and the land directly to the east of the new location for the dwelling will be landscape. The orientation of the home remains the same and visibility of the heritage resource from New Dundee Road will be maintained. Further details on how this work is proposed to be undertaken is provided in the section of this report titled "Draft Conservation and Commemoration Plan". Additional Supporting Documentation The following sections provide a summary of the studies and plans requested as part of the development process. The intent of these key documents is to provide a detailed review of the work proposed, an assessment of potential impacts, a description of the methodology involved to carry out the work, and an explanation on how the protection and conservation of the identified heritage resource will be ensured through the duration of construction. Draft Heritage Impact Assessment The HIA completed by MHBC Planning Ltd. as part of the development review process established that the subject property is a significant cultural heritage resource and met the criteria for designation. The heritage attributes were confined to the original portions of the 19th century farmhouse dwelling. In addition to this assessment, the HIA provided an analysis of anticipated impacts of the proposed redevelopment on the heritage resource, using the framework provided in the Ministry of Heritage, Sport, Tourism, and Culture Industries Info Sheet #5 Heritage Impact Assessments and Conservation Plans. It drew the following conclusions: • The retention of farmhouse would be a beneficial impact and allow for long-term conservation. • Relocation would be considered an adverse impact, as it removes the existing dwelling from its original location and removes the fabric of the original foundation. Measures are recommended to mitigate this impact. • The removal of the contemporary additions would be considered a neutral impact, but would necessitate sympathetic alterations to the elevations exposed by their removal; • The existing windows and doors are not original to the building and their replacement would have a neutral impact; • Repairs undertaken in an appropriate manner using like -materials and completed by qualified experts would have a beneficial impact; • There is no anticipated adverse impact from shadows; • The removal of the barn is considered an adverse impact. Mitigation measures, including documentation and commemoration, are recommended. Page 13 of 415 The following recommendations are made within the HIA to mitigate identified impact: • That the barn, outbuilding, and dwelling be documented; • Should the barn not be re -used by the current tenants in a new location, that the dismantled parts be made available to other interested parties so that it could be re- used as opposed to being deposited as landfill; • That select materials (i.e. beams) of the barn be retained as commemoration/interpretive features on-site within the amenity area; • That a Conservation Plan for the dwelling be completed; • That an Interpretation Plan be completed; and • That the HIA be accepted into the City's database to supplement the historic record. Draft Conservation Plan and Commemoration Strategy Structural Assessment A Structural Assessment was requested by Heritage Planning Staff as part of the conditional approval for the submitted site plan. The intent of this requested study was to ensure that the farmhouse was in good condition and an appropriate candidate for the proposed relocation. The Structural Assessment of 628 New Dundee Road was completed by Tacoma Engineers on October 30th, 2023, and is included as Appendix C in the Draft Conservation and Commemoration Plan. The Structural Assessment Report notes that the assessment of the building is based on a visual assessment from grade at a site visit conducted on June 30th, 2023. The Structural Assessment determined that the exterior of the farmhouse is in fair condition, with some signs of deterioration due to deferred and inadequate maintenance. This includes settlement cracks over most window openings and some degraded masonry joints that have been previously repaired with hard cement mortars or sealants. It concluded that the house was a good candidate for relocation and recommended that the brick masonry be restored after the home has been placed in its final location, as the move will likely induce some additional cracking. Preparation for Relocation The removal of the contemporary additions is the first step to be undertaken in preparation for relocation the structure. The Conservation Plan advises that this will be done using small machinery and hand tools, to avoid damages to the portion of the building being retained. Openings that are exposes as a result of the removal of these additions are proposed to be boarded up shortly after exposure, using drywall and contemporary materials. Any original brick or fabric that is exposed as a result of the removal of the additional is recommended to be repaired where possible. The concrete stairs at the front elevation, as well as the concrete stairs and patio on the east elevation, will also be removed. Security fencing is to be installed around the perimeter of the building prior to relocation in order to protect it from large machinery and equipment. Finally, an inspection by a qualified heritage mason is to be undertaken, to ensure that any issues related to masonry are remediated so that the building is stabilized during the move. Page 14 of 415 Additional masonry work that does not affect the stabilization of the building is proposed to be done after the building is place on its new foundation. Moving the Structure While a building moving company has yet to be retained and the exact method of relocation confirmed, the Conservation Plan advises that the following general procedure is expected: • The building is to be lifted and placed on steel structures with bracing underneath; • This supporting framework is then to be placed atop a system which slowly and gently moves the building to its proposed new location; and • The haul route to the new location is to be graded to allow for a smooth movement process. The building is not proposed to be relocated until the new foundation is ready to receive the structure at the new location. The openings created by the partial demolitions will remain boarded -up during the relocation process. Heritage Planning Staff have identified that the Conservation Plan should provide the qualifications and background of the person(s) or company completing the moving of the heritage resource. After Relocation Following the placement of the original farmhouse onto the new foundation, repair and stabilization work as well as rehabilitation will need to be undertaken. Repair and stabilization are proposed to consist of the following: • Repair any localized masonry issues as noted in the structural condition report. Masonry repairs should be carried -out with those who have experience in historic materials and refer to the Parks Canada Standards & Guidelines for masonry & use of lime rich mortar materials. • Replace any masonry elements which cannot be repaired using either salvaged bricks from the building (where available), or new colour -matched bricks. • Where required, clean bricks using non-abrasive methods (i.e., steam rather than harsh/abrasive methods such as sand blasting). Guidance is provided for the alterations necessitated by the relocation, to ensure they are consistent with recognized best practices. These alterations will remediate the openings left by the removal of the contemporary additions and ensure the farmhouse's continued use and function as a residential dwelling. Anticipated alterations may include but are not limited to window and door replacements, rehabilitation of elevations, and the construction of patios and walkways. A second Heritage Permit Application will be submitted at a future date and will detail the full extent of the proposed alterations. Monitoring and Communication Strategy The Conservation Plan proposes that the retained Heritage Specialists for the projects provide letters to the City at key intervals of the project, including after the building has been prepared prior to relocation, once the building has been successfully moved, and after stabilization and repair work is complete. Page 15 of 415 In terms of long-term monitoring, it is recommended that a comprehensive condition and structural analysis occur every 15-20 years, to ensure that the building remains structurally sound and there are no outstanding issues. Commemoration and Interpretation Strategy A commemoration and interpretation strategy has been proposed for the site. It consists of two parts; the first is salvaging material for the construction of a new structure by the former property owners as well as for incorporation into the design of the redevelopment, and the second involves the installation of an interpretive panel or plaque within the proposed amenity area. Within the redevelopment of the subject property, salvaged material is proposed to be used to construct a monument feature in the southeast corner. The concept design for the feature proposes a composition of vertical hand-hewn timbers/beams of varying heights, placed in an undulating curve with the name of the redevelopment on the front. It is also proposed that a commemorative panel be created which outlines the history of the property and its cultural heritage value, using images, text, and maps. The panel is proposed to be placed in the amenity area in the centre of the site, so as to be easily visible by all residents and visitors of the property. It is proposed that the panel also utilize salvaged material, with the post and base structure being comprised of timber salvaged from the barn. 1 A'$' 1 y ai �w r r " EI'her InAaIlad an ran Inum aMve grade rmrrete 10": 11' Oi psis are sot In lmnun, mrrmea an, ta_kllled :d appea, IraNdually pl;i,o., I. - very -'q 4*r�ne•'e (I.511 herllays�haK�) s' ,.e ;I,,; nay.. L Varyhg an&d toffs, undulalo and cu Ac Figure 8: Concept Design of Feature Using Salvaged Material Page 16 of 415 F 3613 RUBBER �Fp���'►� SAFETY Si1RFACE PERM-MLE Cb** UNM PAA NG LANDSCAPED �1"'Ve ("T PA,TF+�X1, ,► ' Tentative location of commemorwivc plaque -- M -41l1 M 651.6 m' r 9166 ft' ,, 5 CANADA POST Figure 9: Map Indicating Proposed Location of Commemorative Panel Documentation and Salvage Plan A Documentation and Salvage Plan was requested by Heritage Planning Staff as part of the conditional approval for the submitted site plan. The purpose of this study is twofold- the first intent is to record and document the known history, buildings, and structures identified as having cultural heritage value or interest on the subject property. The second intent is to identify historic materials that may be salvaged, reused, and/or interpreted in the proposed new development. Thorough documentation is provided within this Plan, in the form of measured architectural drawings including elevations and cross-sections and a phot map and photographic documentation. The photographic documentation includes both perspective and elevation photos, as well as close-ups of detailed elements such as sills, masonry, and foundations. A list of items proposed for salvage are also provided within the Plan. This list includes wood timbers and beams obtained from the barn interior, loose field stones from the barn exterior, and surplus bricks. Each of these items are identified as having modest heritage value, meaning they are items representative of an identified architectural style or period, are in fair condition, and which are suitable for re -use in the same or similar capacity as their former use. All material is recommended to be stored in an area off site, on skids elevated above the ground and covered with tarps and straps to provide protection from the elements. Regular inspection of the salvaged material should be completed so their condition is monitored. It should be noted that much of the material from the existing barn is proposed to be salvaged and utilized at an alterative location off-site by the former owners. The intent is to have a qualified demolition expert disassemble the barn in a manner that leaves the barn material in -tact, so that it may be transported to the previous owner's new property and used in the construction of an accessory building. Page 17 of 415 Heritage Planning Comments In reviewing the merits of this application, Heritage Planning Staff note the following: • The existing building is currently listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register; • A Notice of Intention to Designate was passed by Council on December 11, 2023, to designate the property under Part IV of the Ontario Heritage Act; • Per the HIA, the identified heritage attributes of the site are located on the original portions of the dwelling constructed c. 1848; • The relocation of the original 19th century farmhouse and removal of all additions was previously identified as the preferred conservation option in the approved Heritage Impact Assessment; • The new location is on a large corner lot of the redevelopment, in a place of prominence that maintains the dwellings relationship and visibility to New Dundee Road; • Recommended measures will be undertaken, including the implementation of a monitoring system, to ensure the original farmhouse is made secure; • All aspects relating to the removal of existing additions, the physical move to its new permanent location within the planned redevelopment, the repair and reinforcement of the original farmhouse once in its final location, and the alterations to be made as a result of the partial demolition will be undertaken under the guidance of experienced heritage professionals; • A separate Heritage Permit Application will be submitted to address the alterations necessary to rehabilitate the farmhouse after its relocation. • The requested documents, including the Conservation and Commemoration Plan, detail the specifics on how the identified heritage attributes will be adequate protected and conserved during and after construction activities. The final approval of these key plans is required prior to the issuance of this heritage permit. • Photographic documentation and measured drawings have been provided in the Documentation and Salvage Plan; • Heritage Planning Staff are generally in agreement with the conclusions of the HIA dated July 2023 in terms of impact analysis. Though partial demolition and relocation are proposed, the retained portion of the building conserves the identified heritage attributes, and the building remains on-site and maintains a relationship to New Dundee Road. Heritage Planning Staff agree with the measures outlined in the HIA and are of the opinion that the recommended measures, in addition to other identified conditions, will be sufficient in appropriately protecting, conserving, and integrating the heritage resource. The proposed work has also been assessed against the best practices and guidelines from the following provincial documents. Guiding Principles in the Conservation of Historical Properties The Guiding Principles in the Conservation of Historical Properties, prepared by the Ministry of Citizenship and Multiculturalism and endorsed by the Ontario Heritage Trust, provide a framework for decision making in architectural conservation, so that interventions respect or minimize affects on character, features, and context. The proposed work complies with the eight principles. In particular the following are met: Page 18 of 415 Respect for documentary evidence — do not base restoration on conjecture. Conservation work should be based on historical documentation, such as historical photographs, drawings and physical evidence. Respect for historical material — repair or conserve rather than replace building materials and finishes, except where absolutely necessary. Minimal intervention maintains the historical content of the resource. Maintenance — with continuous care, future restoration will not be necessary. With regular upkeep, major conservation projects and their high costs can be avoided. Standards and Guidelines for the Conservation of Historic Places in Canada. The proposed work is also in accordance with the Standards and Guidelines for the Conservation of Historic Places in Canada, prepared by Parks Canada and adopted by government bodies across the country. Like the Guiding Principals, it establishes a set of principals that can be used when planning for, intervening on, and using historic places so that conservation is achieved. In particular, the proposed work meets the following: • Conserve the heritage value of an historic place. Do not remove, replace, or substantially alter its intact or repairable character defining elements. Do not move a part of an historic place if its current location is a character -defining element. • Recognize each historic place as a physical record of its time, place, and use. Do not create a false sense of historical development by adding elements from other historic places or other properties, or by combining features of the same property that never coexisted. • Find a use for an historic place that requires minimal or no change to its character - defining elements. • Evaluate the existing condition of character -defining elements to determine the appropriate intervention needed. Use the gentlest means possible for any intervention. Respect heritage value when undertaking an intervention. • Maintain character -defining elements on an ongoing basis. Repair character - defining elements by reinforcing their materials using recognized conservation methods. Replace in kind any extensively deteriorated or missing parts of character -defining elements, where there are surviving prototypes. • Make any intervention needed to preserve character -defining elements physically and visually compatible with the historic place and identifiable on close inspection. Document any intervention for future reference. • Repair rather than replace character -defining elements. Where character -defining elements are too severely deteriorated to repair, and where sufficient physical evidence exists, replace them with new elements that match the forms, materials and detailing of sound versions of the same elements. Where there is insufficient physical evidence, make the form, material and detailing of the new elements compatible with the character of the historic place. It should be noted that the approval of an application under the Ontario Heritage Act is not a waiver of any of the provisions of any legislation, including but not limited to the requirement of the Ontario Building Code and Kitchener's Zoning By-law. In this regard, the applicant is advised that full site plan approval and a building permit are still required. Page 19 of 415 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. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT — The Heritage Kitchener Committee has been consulted. PREVIOUS REPORTS/AUTHORITIES: • Ontario Heritage Act, 1990 • Draft Heritage Impact Assessment (HIA) — 628 New Dundee Road (DSD -2023-356) • Notice of Intention to Designate 628 New Dundee Road (DSD -2023-482) REVIEWED BY: Rosa Bustamante, Director, Planning and Housing Policy / City Planner Natalie Goss, Manager, Policy and Research APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — Heritage Permit Application HPA-2023-IV-031 Attachment B — Conservation and Commemoration Plan Attachment C — Documentation and Salvage Plan Page 20 of 415 2023 HERITAGE PERMIT APPLICATION & SUBMISSION REQUIREMENTS Planning Division — 200 King Street West, 6t" Floor KiTMENER P.O. Box 1118, Kitchener ON N2G 4G7 519-741-2426; planning@kitchener.ca STAFF USE ONLY Page 7 of 10 Date Received: Accepted By: Application Number: H PA - PART B: HERITAGE PERMIT APPLICATION FORM 1. NATURE OF APPLICATION 0 Exterior ❑ Interior ❑ Signage ER Demolition 12 New Construction n Alteration Ek Relocation 2. SUBJECT PROPERTY Municipal Address: 628 New Dundee Road Legal Description (if know): Building/Structure Type: 13 Residential ❑ Commercial ❑ Industrial ❑ Institutional Heritage Designation: ® Part IV (Individual) ❑ Part V (Heritage Conservation District) Is the property subject to a Heritage Easement or Agreement? ❑ Yes ❑ No 3. PROPERTY OWNER Name: Address: City/Province/Postal Code: Phone: Email: 4. AGENT (if applicable) Name: Vanessa Hicks / Dan Currie Company: MHBC Planning Inc. Address: 540 Bingemans Centre Drive, Suite 200 City/Province/Postal Code: N213 3X9 Phone: 519 576 3650 Email: vhicks@mhbcplan.com / dcurrie@mhbcplan.com Working together • Growing thoughtfully ■ Building community rage 2023 5. WRITTEN DESCRIPTION Page 8 of 10 Provide a written description of the project including any conservation methods proposed. Provide such detail as materials to be used, measurements, paint colours, decorative details, whether any original building fabric is to be removed or replaced, etc. Use additional pages as required. Please refer to the City of Kitchener Heritage Permit Application Submission Guidelines for further direction. Removal of all features with the exception of the existing dwelling, which will be re -located approximately 50 metres south-west and placed on a new concrete foundation. The contemporary additions to the building Details regarding all alterations subject to this Heritage Permit are indicated in the Conservation Plan and related documents. 6. REVIEW OF CITY OF KITCHENER HERITAGE PERMIT APPLICATION SUBMISSION GUIDELINES Describe why it is necessary to undertake the proposed work: The subject property allows for residential intensification as per the existing OP and Zoning By-law. The proposed work is necessary in order to develop the site while conserving heritage attributes of the Describe how the proposal is consistent with the Part IV individual designating by-law or the Part V Heritage Conservation District Plan: The development includes conserving the dwelling in a new location and will retain and conserve all heritage attributes listed in the Bylaw. Further details regarding the conservation of heritage attributes is provided in the Conservation Plan prepared by MHBC. Describe how the proposal is consistent with Parks Canada's Standards and Guidelines for the Conservation of Historic Places in Canada (www.historicplaces.ca/en/pages/standards-normes.aspx): The chosen conservation strategy includes a combination of preservation and rehabilitation. The Conservation Plan prepared by MHBC provides details related to treatment of masonry and 7. PROPOSED WORKS a) Expected start date: Winter/Spring 2024 Expected completion date: 2025/2026 b) Have you discussed this work with Heritage Planning Staff? ET Yes ❑ No - If yes, who did you speak to? Jessica Viera c) Have you discussed this work with Building Division Staff? ❑ Yes ff No - If yes, who did you speak to? d) Have you applied for a Building Permit for this work? ❑ Yes ❑(No e) Other related Building or Planning applications: Application number Site Plan Application SP23/053/N/ES Working together • Growing thoughtfully ■ Building community rage 2023 8. ACKNOWLEDGEMENT Page 9 of 10 The undersigned acknowledges that all of the statements contained in documents filed in support of this application shall be deemed part of this application. The undersigned acknowledges that receipt of this application by the City of Kitchener - Planning Division does not guarantee it to be a `complete' application. The undersigned acknowledges that the Council of the City of Kitchener shall determine whether the information submitted forms a complete application. Further review of the application will be undertaken and the owner or agent may be contacted to provide additional information and/or resolve any discrepancies or issues with the application as submitted. Once the application is deemed to be fully complete, the application will be processed and, if necessary, scheduled for the next available Heritage Kitchener committee and Council meeting. Submission of this application constitutes consent for authorized municipal staff to enter upon the subject property for the purpose of conducting site visits, including taking photographs, which are necessary for the evaluation of this application. The undersigned acknowledges that where an agent has been identified, the municipality is authorized but not required to contact this person in lieu of the owner and this person is authorized to act on behalf of the owner for all matters respecting the application. The undersigned agrees that the proposed work shall be done in accordance with this application and understands that the approval of this application under the Ontario Heritage Act shall not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation including but not limited to the requirements of the Building Code and the Zoning By-law. The undersigned acknowledges that in the event this application is approved, any departure from the conditions imposed by the Council of the City of Kitchener or from the plans or specifications approved by the Council of the City of Kitchener is prohibited and could result in a fine being imposed or imprisonment as provided for under the Ontario Heritage Act. Signature of OwnerfAgent: Date: November 27, 2023 Signature of,QwnerAgent: MEIN[__Date: November 27, 2023 9. AUTHORIZATION If this application is being made by an agent on behalf of the property owner, the following authorization must be completed: I / We, 1000215769 Ontario Inc. c/o Fusion Homes , owner of the land that is subject of this application, hereby authorize Dan Bolliger to act on my / our behalf in this regard. Signature of Owne gen Date: November 27, 2023 Signature of Owner Agent:, Date: November 27, 2023 The personal information on this form is collected under the legal authority of Section 33(2), Section 42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the purposes of administering the Heritage Permit Application and ensuring appropriate service of notice of receipt under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have any questions about this collection of personal information, please contact the Manager of Corporate Records, Legislated Services Division, City of Kitchener (519-741-2769). Working together • Growing thoughtfully ■ Building community rage 2023 Application Number: Application Received: Application Complete: Notice of Receipt: Notice of Decision: 90 -Day Expiry Date: PROCESS: ❑ Heritage Planning Staff: ❑ Heritage Kitchener: ❑ Council: Page 10 of 10 STAFF USE ONLY Working together • Growing thoughtfully ■ Building community rage A', &W :°:� Cultural Heritage 4411 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Date: November 2023 Prepared for: Fusion Homes Prepared by: MacNaughton Her: sen Britton Clarkson Planning Limited (MHBC) 200-540 Bingemans Centre Drive �Kitchener, ON N2B 3X9 T 519 576 3650 F: 519 576 0121 File no: "1405 H" Our File:1 727713' , me 1-11.1JR MHM. PLANNING URBAN DESIGN & LANDSCAPE ARCH7ECTURE 1-11.1JR Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Table of Contents ProjectPersonnel......................................................................................................3 Glossary of Abbreviations..........................................................................................3 ExecutiveSummary...................................................................................................4 1.0 Introduction...................................................................................................6 1.1 Methodology................................................................................................7 1.2 Description of Subject Lands.........................................................................8 1.3 Project Description........................................................................................9 2.0 Detailed Description of Cultural Heritage Resources.............................................12 2.1 Description of Dwelling...............................................................................12 2.2 Summary of Cultural Heritage Value or Interest............................................17 2.3 Condition Summary........................................................................................17 3.0 Conservation Strategy & Detailed Description of Proposed Alterations ..................21 3.1 Description of Conservation Strategy............................................................21 3.2 Description of Proposed Phase I Alterations and Conservation Recommendations...............................................................................................23 3.2.1 Short -Term: Preparing for Re-location....................................................23 3.2.2 Medium -Term: Construction Phase........................................................30 3.2.3 Monitoring Strategy..............................................................................31 4.0 Long Term Maintenance....................................................................................33 5.0 Guidance for Future Alterations..........................................................................34 5.1 Introduction................................................................................................... 34 5. 1.1 Windows & Window Openings...................................................................35 5.1.2 Doors & Door Openings............................................................................ 37 5.1.3 Porch/Portico...........................................................................................39 5.1.4 Gothic Revival Cottage Details...................................................................41 5.1.5 Additions.................................................................................................42 5.1.6 Technical/Utility, Accessibility and Landscaping..........................................43 November2023 MHBCI i Page 26 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 5.2 Qualifications..............................................................................................44 5.3 Approvals Process.......................................................................................44 6.0 Review of Conservation Principles and Guidelines................................................46 5.1 Introduction...............................................................................................46 5.2 Conservation Principles...............................................................................46 5.2.1 The Eight Guiding Principles..................................................................46 5.2.2 The Standards and Guidelines (2010) ....................................................47 6.0 Commemoration/Interpretation Strategy.............................................................52 6.1 Salvaged materials and Commemoration on-site ........................................... 52 6.2 Interpretive/Commemorative Panel..............................................................55 7.0 Bibliography......................................................................................................57 Appendix A — Terms of Reference.......................................................................... 58 Appendix B — Excerpts of the Parks Canada Standards and Guidelines for the Conservation of Historic Places in Canada.................................................................59 Appendix C — Structural Condition Report (Tacoma)...............................................60 AppendixD — Site Plan.........................................................................................61 Appendix E — Maintenance Checklist......................................................................62 AppendixF — Staff Bios.........................................................................................63 November2023 MHBCI ii Page 27 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Project Personnel Dan Currie, MA, MCIP, RPP, CAHP Vanessa Hicks, MA, CAHP Managing Director of Cultural Heritage Associate Glossary of Abbreviations Senior Review Research, Author CAHP Canadian Association of Heritage Professionals H IA Heritage Impact Assessment M H BC MacNaughton Hermsen Britton Clarkson Planning Limited MHSTCI Ministry of Heritage, Snort, Tourism and Culture Industries OHA Ontario Heritage Act OHTK Ontario Heritage Toolkit 0 -REG 9/06 Ontario Regulation 9/06 for determining cultural heritage significance PPS 2020 Provincial Policy Statement (2020) November 2023 MHBC 13 Page 28 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Executive Summary MHBC was retained by Fusion Homes to undertake a Heritage Impact Assessment (HIA) and Conservation Plan, Commemoration Plan, and Documentation & Salvage Plan for the proposed development located on the subject property at 628 New Dundee Road, Kitchener ON. This Conservation Plan pertains to the proposed alterations to the existing dwelling located on the subject property. The building is proposed to be re -located and integrated into the development on-site approximately 50 metres south-west of its original location. This Conservation Plan is guided by the applicable standards, guidelines, and principles provided by Parks Canada, the Ontario Heritage Trust and the Ministry of Heritage, Sport, Tourism and Culture Industries (MHSTCI). This report was informed by the Heritage Impact Assessment (HIA) completed for the proposed development prepared by MHBC (July 2023). This report provides details regarding the Heritage Permit submitted to the City of Kitchener on November 24, 2023. This report also provides guidelines for appropriate future alterations which mayoccur in the future and be subject to a further Heritage Permit Application. Summary of Proposed Alterations The proposed development includes the removal of all buildings and features located on the subject property with the exception of the existing dwelling, which is proposed to be re -located on-site and used for continued residential purposes. The alterations to the building in the medium-term which are proposed to occur in two phases (Phase I and Phase II). Phase I includes the re -location of the building, placing it on a new foundation, and remediation of any structural/masonry issues. Phase II will include all other alterations related to continued residential use. This Heritage Permit is related to those alterations occurring in Phase I. A second Heritage Permit Application would be required in the future for alterations related to Phase II. Note that the information and guidance provided in this Conservation Plan can also be considered as it relates to Phase II alterations. PHASE I: The heritage permit submitted to the City on November 24, 2023 includes the following: • Removal of contemporary additions, including Sections ""C", ""D", ""E", and ""F"; • Securing any openings which have been exposed after removal of the contemporary additions; • Removal of contemporary materials and drywall at the exposed exterior fagades of the building following the removal of contemporary additions; November 2023 MHBC 14 Page 29 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON • Removal of contemporary poured concrete walkways, stairs, and patios adjacent to the building; • Removal of chimneys which are not original to the structure; • Repairs to masonry to ensure structural issues are remedied prior to removal; • Lifting the building from the existing stone foundation; • Re -location approximately 50 metres south-west; • Placement of the dwelling on top a new poured concrete foundation; and • Repair of masonry and remediation of any structural/masonry issues which may have occurred during the move. Summary of Recommendations; Conservation and Implementation The majority of alterations to the dwelling are anticipated to occur over the short and medium term (i.e. prior to, and during re -location). The medium term alterations are broken into two phases (Phase I and Phase II). This Conservation Plan provides recommendations for maintenance over the long term are also provided (i.e. post -construction phase) to ensure long-term maintenance. The following provides a brief summary of recommended conservation measures: • A monitoring schedule is proposed as part of this report which would provide regular updates to City staff by a heritage specialist who is a member of the Canadian Association of Heritage Professionals. A complete list of recommendations as it relates to work completed in the short-term, and Phase I of the medium term is included in Section 3.0 of this report. November 2023 MHBC 15 Page 30 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 1.0 Introduction This Conservation Plan has been prepared by MHBC Planning, Urban Design and Landscape Architecture ("MHBC') for the existing dwelling located at 628 New Dundee Road, which is proposed to be incorporated into the development proposal. The aforementioned building has been identified as being of cultural heritage value or interest (CHVI) in the Heritage Impact Assessment (HIA) prepared by MHBC (dated July 2023). The development proposal includes the properties located at 628 New Dundee Road as well as the vacant lot located to the east, legally described as Block 111, Plan 58m528 Subject To An Easement In Gross Over Pts 2, 3 & 4 On 58r-17126 As In Wr659521 City Of Kitchener. These two lots have been merged, and the subject property refers to both of these lands, now known as 628 New Dundee Road. This Conservation Plan describes how the identified heritage attributes will be altered and conserved over the short, medium and long term as part of the proposed development. Figure 1: Photograph of dwelling to be conserved at 628 New Dundee Road, south and east elevations (Source: MHBC, 2023) November 2023 MHBC 16 Page 31 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 1.1 Methodology The conservation of cultural heritage resources is identified as a matter of provincial interest in Section 2.6 of the Planning Act and in the Provincial Policy Statement (PPS 2020). The PPS defines conserved as: The identification, ,protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained. This may be achieved by the implementation of recommendations set out in a conservation ,plan, archaeological assessment, and/or heritage impact assessment that has been approved, accepted or adopted by the relevant ,planning authority and/or decision -maker. Mitigative measures and/or alternative development approaches can be included in these ,plans and assessments. Recognizing this provincial interest, this Conservation Plan seeks to provide a strategy for the conservation of the original portion of the dwelling at 628 New Dundee Road. This Conservation Plan has relied on various provincial documents that provide direction on best practices for Conservation Plans, including the Conditions of Site Plan Agreement as well as the following: • Standards and Guidelines for the Conservation of Historic Places in Canada, Parks Canada (2010); • Conservation Plans for Heritage Properties, Ontario Heritage Trust (n.d.); • Eight Guiding Principles in the Conservation of Historical Properties, Ontario Heritage Trust (n.d.); and • Ontario Heritage Toolkit (InfoSheet #5, Heritage Impact Assessments and Conservation Plans). The following guidelines are provided in Section 12 of the City of Kitchener Official Plan pertaining to the preparation of Conservation Plans: Heritage Impact Assessments and Heritage Conservation Plans 12.C.1.23. The City will require the submission of a Heritage Impact Assessment and/or a Heritage Conservation Plan for development, redevelopment and site alteration that has the potential to impact a cultural heritage resource and is proposed.- November 2023 MHBC 17 Page 32 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON a) on or adjacent to a ,protected heritage property; b) on or adjacent to a heritage corridor in accordance with Policies 13. C. 4.6 through 13. C.4.18 inclusive; c) on properties listed as non -designated properties of cultural heritage value or interest on the Municipal Heritage Register; d) on properties listed on the Heritage Kitchener Inventory of Historic Buildings; and/or, e) on or adjacent to an identified cultural heritage landscape. 12.C1.25. A Heritage Impact Assessment and Heritage Conservation Plan required by the City must be prepared by a qualified person in accordance with the minimum requirements as outlined in the City of Kitchener' Terms of Reference for Heritage Impact Assessments and Heritage Conservation Plans. IZ C.1.27. Any conclusions and recommendations of the Heritage Impact Assessment and Heritage Conservation Plan approved by the City will be incorporated as mitigative and/or conservation measures into the plans for development or redevelopment and into the requirements and conditions of approval of any application submitted under the Planning Act IZ C.1.28. Heritage Impact Assessments and Heritage Conservation Plans required by the City may be scoped or waived by the City, as deemed appropriate. These documents have guided the conservation strategy provided in this Plan. 1.2 Description of Subject Lands The subject lands which are subject to the development proposal includes the properties located at a) 628 New Dundee Road, and b) the property legally described as Block 111, Plan 58m528 (i.e. the lot located east of the subject property). Since the submission of the HIA prepared by MHBC, these two properties have merged and together form the subject lands. November 2023 MHBC 18 Page 33 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 2: Aerial photo noting the location of the subject property at 628 New Dundee Road, outlined in red. Adjacent lot which is part of the proposed development outlined with blue dashed line. (Source: MHBC, 2023) The property at 628 New Dundee Road is located on the north side of New Dundee Road, west of Robert Ferrie Drive, south of Blair Creek Drive. The subject property is situated west of Highway 401 within an area which is predominantly low density residential, with agricultural uses south of New Dundee Road. 1.3 Project Description The proposed development concept includes retaining the existing dwelling and re- locating it approximately 50 metres to the south-west corner of the site and placed on a new foundation. The building is proposed for continued residential use on a portion of land which is proposed to be dedicated to the sole use of the owner and resident(s) of the dwelling through the Condo's declaration. The contemporary additions to the building which are not of Cultural Heritage Value or Interest are proposed for removal. This includes the removal of sections ""C", ""D", �E", and portions of ""F". November2023 MHBC 19 Page 34 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 3: Aerial image of existing dwelling, noting the contemporary additions to the dwelling which are proposed for removal (shaded in red). Elevations which may require alteration following the removal of contemporary additions noted with dashed black lines. (Source: MHBC, 2023) The development concept includes 11 stacked condo buildings (A through K), providing a total of 210 units + the existing relocated dwelling proposed to function as an additional unit of the condo. The proposal includes a central amenity area and surface parking along the internal laneway. A total of 245 spaces are proposed. Two access connections are provided, one at New Dundee Road and one at Blair Creek Drive. (See Figure 4). November 2023 MHBC 170 Page 35 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 4: Proposed Plan of Subdivision. Location of existing dwelling shaded in red. Outline of lands proposed to be dedicated to the sole use of the owner and resident(s) through the Condo's declaration with black dashed line. (Source: Turner Fleischer Architects Inc., 2023) November 2023 MHBC 1 11 Page 36 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 2.0 Detailed Description of Cultural Heritage Resources The following provides a description of the dwelling at 628 New Dundee Road. The historical summary and evaluation of the CHVI of the property as per Ontario Regulation 9/06 is provided the HIA completed by MHBC. 2.1 Description of Dwelling The dwelling was constructed in several stages, described in this report as Sections A, B, C, D, E, and F. Sections A and B were constructed in the 19th century, and sections C, D, and E were constructed later. Section F is an extension of the roof over the east elevation of Section B, and was likely added to the structure in the 20th century (See Figure 5). Figure 5: Detail aerial of existing dwelling and component parts (see chart below). (Source: Google Earth Pro, accessed 2022) November 2023 MHBC 172 Page 37 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Identifier I Descriation A Gothic Revival dwelling 6 Summer Kitchen or Dwelling Rear Addition D Garage E Addition F Gable and balcony Section A & B: I Construction Date Bet. 1848 and 1858 Original Bet. 1848 and 1858 1966 1966 1966 20th century Section ""A" of the building can be described as a 1.5 storey yellow brick Gothic Revival cottage. The front elevation of Section A faces south towards New Dundee Road. The front elevation includes a central door opening, two rectangular windows at the first storey, and an arched window opening with brick drip mould at the second storey. Figures 6 & 7: (left) View of east elevation of Section A, looking west, (right) View of front elevation of Section A. looking north-west, (Source: MHBC, 2023) November 2023 MHBC 173 Page 38 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON _- - - .L _ �y I Figure 8: (left) Detail of arched window opening in central gable (Source: MHBC, 2022) Section ""B" can be described as a 1.5 storey addition to the rear of Section A. The north elevation of Section B includes an external chimney which was a later addition to the building. The chimney is constructed of brick which is distinctly different than that of the rest of the building and is cut into the existing soffits and fascia. The rectangular window at the second storey of the north elevation has been altered. The original window included a brick voussoir and is clearly distinguishable from the existing contemporary window (See Figure 9). The east elevation of Section B is currently used as the main entrance to the dwelling. Figures 9 & 10: (left) View of north elevation (note exterior chimney and altered window opening). Approximate location of original window opening outlined with red dashed line. (right) Detail view of east elevation (ground floor), (Source: MHBC, 2022; MHBC, 2023) The second storey of the building has been altered to include a new gable which provides access to a second storey verandah (Section F). This gable, as well as the roof overhang November 2023 MHBC 174 Page 39 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON are not original to the structure and are not considered heritage attributes. However, they are currently integrated into the building and are not proposed to be removed. Figure 11: (left) View of east elevation of dwelling (Sections A, B, C, D, and F) (Source: MHBC, 2022) An inspection of the interior of the building from within the basement provides evidence of sawn structural beams approximately 9" wide and sawn timbers providing floor joists which are 2 1/4" wide (See Figures 12 & 13). The only portion of the building having a basement is Section A. November 2023 MHBC 175 Page 40 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figures 12 & 13: (left) Detail view of internal sawn beam, approximately 9" wide, (right) Detail view of interior basement floor joist, approximately 2 1/4" wide, (Source: MHBC, 2022) Sections C, D, E & F: Sections C, D, and E are mid. 20th century additions to the building which were constructed in 1966. These portions of the building include concrete block foundations, vinyl siding, and contemporary vinyl windows. Figures 14 & 15: (left) View of north and west elevation of wood shed, looking south-east, (right) View of interior roof framing, (Source: MHBC, 2022) Sections F is also a mid. to late 201h century addition to the building. This portion of the building is limited to a gable at the east elevation of Section "B" supported by two wood posts and the south end of Section "C" (See Figure 16). November 2023 MHBC 176 Page 41 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Poo !rte Figures 16 & 17: (left) View of north and west elevation of wood shed, looking south-east, (right) View of interior roof framing, (Source: MHBC, 2022) 2.2 Summary of Cultural Heritage Value or Interest The property located at 628 New Dundee Road has design/physical value as it includes a representative and early example of a dwelling constructed in the Gothic Revival Cottage style. The building was constructed c. 1858 for John Moore. The subject property now residential, but was historically used as a farm, and is associated with former mid. 19th century agricultural practices. The property demonstrates the contextual value given its associations with the theme of "agriculture". Section 6 of the City of Kitchener Cultural Heritage Landscapes Study document identifies the theme of ",'agriculture", and states that it is considered a "general" theme of the overall Region of Waterloo. Summary of Cultural Attributes The cultural heritage attributes of the property are noted in the Heritage Impact Assessment prepared by MHBC. The list of heritage attributes which are to be designated by Council on December 11, 2023 will be provided in the forthcoming designation By-law. 2.3 Condition Summary A preliminary structural analysis was completed by Tacoma Engineers in July 2023 which determined that the building can feasibly be re -located (see Appendix C). An November 2023 MHBC 177 Page 42 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON additional structural condition assessment was undertaken by Tacoma Engineers in October 2023. Both assessments were undertaken by a structural engineer and member of the Canadian Association of Heritage Professionals. The October 2023 condition and structural assessment determined the following: • The exterior walls are constructed with mass masonry brick; • Interior framing is conventional wood framing; and • Foundations are comprised of rubble stone. Exterior Walls/masonry: • Exterior walls are in fair condition with signs of deterioration due to deferred/inadequate maintenance. Settlement cracks are visible over window openings, which are typical for buildings of this age/construction; • Some masonry joints have deteriorated and been repaired with cement mortars; • The existing chimney is in fair condition but is not original to the dwelling. Note that all existing window sills are composed of 20th century rusticated concrete. These are not original to the structure, and were likely added to all windows in the 20th century given that these are present on both original window openings and contemporary window openings. These sills are not original, but should be conserved as part of the window opening. Figure 18: Example of window replacement and masonry repairs. Figure 19: Example of step cracks over front elevation door. November 2023 MHBC 178 Page 43 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 20: Example of inappropriate cement repair. Figure 22: Example of broken bullnose brick. November 2023 Figure 21: Example of damaged brick. MHBC 1 7 9 Page 44 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 24: Detail view of existing chimney at south elevation, demonstrating different (contemporary) bricks and is not original to the structure (Source: MHBC, 2023) Summary of Relocation/Repair/Restoration Recommendations (Tacoma, 2023): • The house is a good candidate for re -location; • Brick appears to be in suitable condition to allow relocation without significant restoration; • Brick masonry will require restoration/repairs to address masonry joints; • Relocation will likely result in additional cracks, so this restoration should be carried out after the home is in its final location. November 2023 MHBC 120 Page 45 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 3.00onservation Strategy &Detailed Description of Proposed Alterations 3.1 Description of Conservation Strategy The Standards and Guidelines for the Conservation of Historic Places in Canada, prepared by Parks Canada (the "Standards and Guidelines') (2010), provides guidance on sound conservation processes and principles for historic places. The Standards and Guidelines recommend that the first step to good conservation practice is an in-depth understanding of the historic resource. The Heritage Impact Assessment (HIA) which accompanies this Conservation Plan has provided an in-depth analysis of the history of the building at 628 New Dundee Road and has evaluated its significance as per Ontario Regulation 9/06. As per the evaluation contained in the HIA, the cultural heritage value or interest (CHVI) and significant heritage attributes are included in Section 2.2 of this Conservation Plan. The Standards and Guidelines provide that the current condition of the building should be assessed. A review of the existing condition of the building is provided in Section 2.3 of this Conservation Plan. The contents of this Conservation Plan depend on physical evidence, site visits and analysis, as well as educated conjecture and includes recommendations related to the identification of building condition issues and mitigation for these issues. Next, the Standards and Guidelines identify that the future needs of the property should be understood and that a viable use should be selected that will provide a stable context for ongoing conservation. Section 3 of this Conservation Plan describes the proposed development and the continued residential use of the existing building in its proposed new location. The selection of an appropriate intervention method for a heritage property includes determining whether or not the building should be conserved via ,preservation, rehabilitation, restoration, or a combination of these. The term conservation' does not presume a method. Instead, conservation is defined as the general action of safeguarding character defining elements or attributes of a historic place and processes taken to extend its physical life. November 2023 MHBC 127 Page 46 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Preservation is defined as follows: The action or ,process of ,protecting, maintaining, and/or stabilizing the existing materials, form, and integrity of an historic ,place as to retain its heritage value and extend its physical life. Consider, preservation as the ,primary treatment when: a) Materials, features and spaces of the historic place are essentially intact and convey the historic significance, without extensive repair or replacement; b) Depiction during a particular period in its history is not appropriate; and c) Continuation or new use does not require extensive alterations or additions. Rehabilitation is defined as follows: The action or process of making possible a continuing or compatible contemporary use of an historic place, or an individual component, while protecting its heritage value. Consider rehabilitation as the primary treatment when: a) Repair or replacement of deteriorated features is necessary; b) Alterations or additions to the historic place are planned for a new or continued use, and, c) Depiction during a particular period in its history is not appropriate. Restoration is defined as follows: The action or process of accurately revealing, recovering, or representing the state of an historic place, or an individual component as it appeared at particular period in history while protecting its heritage value. Consider Restoration as the primary treatment when: a) An historic place s significance during a particular period in history significantly outweighs the potential loss of existing, non character -defining materials, features and spaces from other periods; November 2023 MHBC 122 Page 47 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON b) Sustainable physical and documentary or oral evidence exists to accurately carry out the work, and, c) Contemporary additions and/or alterations are not planned. This Conservation Plan has identified that the primary treatment of the subject lands is preservation, with elements of restoration. The development strategy is considered preservation given that it includes retaining the original features of the building and repairs/replacements so that the building can be utilized for continued residential use. Some elements of the building may need to be repaired given their current condition, such as masonry joints. Some elements of the building may be replaced, given that they are either a) damaged and cannot be repaired (i.e. damaged bricks), or b) not original to the structure and can be replaced with other contemporary features (i.e. windows and doors). All repairs and replacements should respect the design and time period of the resource. According to the Standards and Guidelines, once the appropriate method of conservation is selected, the project should proceed by reviewing the standards and guidelines provided by Parks Canada (2010). Here, Sections ""A", ""B", and ""F" are being retained and sections ""C", ""D", and "E" are being removed. 3.2 Description of Proposed Phase I Alterations and Conservation Recommendations The proposed development includes both alterations and repairs to suit preservation and restoration. The conservation measures associated with the project are recommended to be implemented over the short-term, medium-term, and long-term (maintenance) phases. The construction phase consists of multiple sub -phases. 3.2.1 Short -Term: Preparing for Re -location The recommendations associated with this phase of work include: Remediation of any condition issues which need to be undertaken immediately and/or prior to re -location; and • Monitoring strategies. Note that some structures, including those which have been vacant for a period of time may have structural issues which require action immediately. This includes buildings which require roof repairs or foundational repairs to ensure that a) the building is stabilized, and b) that re -location can occur safely. Given the condition and structural November 2023 MHBC 123 Page 48 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON report provided in this report, no immediate actions or repairs are required prior to the re -location of the dwelling given its reasonably good condition. Prior to re -location, the following will take place prior to re -location: o Installation of security fencing around the perimeter of the building prior to, and after re -location in order to protect the building from large machinery and equipment; o Inspection of the building by a qualified heritage mason to ensure that any issues related to masonry are remediated. These should only be completed to ensure the building is stabilized during the move. Additional masonry work will be completed once the building is placed on the new foundation; o Removal of sections ""C, ""D", ""E" ""F" of the dwelling and board-up/wrap the exposed openings; o Removal of 2 chimneys which are not original to the structure (north elevation of Section ""B" and west elevation of Section ""A'); o Removal of the front elevation concrete stairs, as well as a concrete stairs, patio area at the east elevation; and o Monitoring & Reporting. The contemporary portions of the building proposed for removal (as noted above) will be removed using small machinery and hand tools to avoid damages to the portions of the building being retained. Photographs of the proposed alterations are provided below. November 2023 MHBC 124 Page 49 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 25: Detail view of building footprint noting portions of the building to be removed (shaded in red) and openings to be exposed following the removal of these sections (see blank lines) (Source: MHBC, 2023) November 2023 MHBC 125 Page 50 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON The removal of Sections ""C", ""D", ""E", and ""F" will expose the following door openings of the buildings (See Figures 26 — 28). These openings will require remediation. These door openings will be a) boarded -up shortly after the openings are exposed, b) remain boarded -up during re -location, and c) will be remediated when plans for alterations are formulated as part of Phase II. Figures 26 & 27: (left) View of door opening at the south elevation (Door "A"), looking south, (right) View of door opening at the west elevation (Door "B'), looking east, (Source: MHBC, 2023) November 2023 MHBC 126 Page 51 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figures 28: View of door opening to be exposed following the removal of Section "F", at the east elevation of Section "B" (Source: MHBC, 2023) The chimneys proposed for removal are located at the west elevation of Section ""A", and the north elevation of Section "B" (See Figures 29 & 30). November 2023 MHBC 127 Page 52 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figures 29 & 30: (left) View of west elevation of Section "A" noting 20th century chimney proposed for removal, (right) View of north elevation of Section "B" noting 20th century chimney proposed for removal, (Source: MHBC, 2023) The removal of Section ""E" will expose a door opening at the west elevation of Section ""A" (See Figure 31). This opening will be boarded -up and protected until Phase II of the work is initiated. November 2023 MHBC 128 Page 53 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figure 31: View of west elevation, looking north, noting location of door opening at the interior of the building (west wall of Section "A'). (Source: MHBC, 2023) Following the removal of the contemporary additions, the portions of the walls being exposed will be covered in drywall and contemporary materials (See these areas as per Figures 32 & 33 below) It is recommended that any original bricks and fabric which may be present underneath these contemporary materials be exposed and repaired, where possible. Bricks should be exposed using hand tools and the gentlest means possible as not to damage authentic heritage fabric. November 2023 MHBC 129 Page 54 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Expose bricks __(where �ossible)_ ]LIM m Figures 32 & 33: (left) View door opening "B" (west elevation) noting approximate area where brick may be exposed after contemporary materials are removed, (right) View of door opening "A", looking south, noting area where brick may be exposed (shaded in red) (Source: MHBC, 2023) 3.2.2 Medium -Term: Construction Phase As previously noted in this report, the construction phase includes two phases (Phases I and II). Phase II is related to the re -location of the building and its stabilization. Phase II includes all other alterations to the building related to suit continued residential use (i.e. window and door replacements, rehabilitation of elevations, construction of patios and walkways, landscaping, etc.). A second Heritage Permit Application will be submitted for the second phase of alterations at the appropriate time in the future. The Heritage Permit submitted to staff on November 24, 2023 is related to Phase I of the work and includes the following: • Lift the building from the existing foundation; • Re -locate the building and set atop a new foundation in the location noted on the approved Site Plan; • Remediation and repairs following re -location to ensure the building is appropriately stabilized.' 1 Note that the intent of masonry work in this phase is to ensure that the building is stabilized. Additional masonry work is anticipated in Phase II. November 2023 MHBC 130 Page 55 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON The work associated with lifting a building is carried -out by lifting the building and placing steel structures and bracing underneath, which are then placed atop a system which slowly and gently moves the building to its proposed new location. The path to the new location should be graded to allow for a smooth re -location process. The building should not be re -located until the new foundation is ready to receive the re -located structure. Any masonry and stabilization work should be consistent with the guidelines provided in Appendix B of this report. Here, the work should adhere to the following: • Repair any localized masonry issues as noted in the structural condition report; o Masonry repairs should be carried -out with those who have experience in historic materials, and refer to the Parks Canada Standards & Guidelines for masonry & use of lime rich mortar materials (see Appendix B); and • Replace any masonry elements which cannot be repaired using either salvaged bricks from the building (where available), or new colour -matched bricks; • Where required, clean bricks using non-abrasive methods (i.e. steam rather than harsh/abrasive methods such as sand blasting). Note that Phase II of the construction phase work will include alterations to the building to allow continued residential use. An additional Heritage Permit Application will be submitted in the future as it relates to work related to the construction of patios, installation of new windows and doors, etc. 3.2.3 Monitoring Strategy The following provides recommendations regarding an appropriate monitoring strategy for the project (short term and medium term) associated with Phase I: MONITORING (1): • A Heritage Specialist (with CAHP designation) to provide a letter to the City providing notification that the building has been prepared prior to re -location (i.e. removal of contemporary additions, boarding -up exposed door openings). MONITORING (2): • Heritage Specialist (with CAHP designation) to provide a letter to the City providing notification that the building has been successfully re -locate and placed atop a new foundation. MONITORING (3): November 2023 MHBC 13 7 Page 56 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Heritage Specialist (with CAHP designation) to provide a letter to the City providing notification that the building has been repaired and stabilized following re -location as per guidelines provided above and in the Appendices related to applicable Parks Canada Standards & Guidelines. Further monitoring and reporting will be required as it relates to Phase II of alterations. November 2023 MHBC 132 Page 57 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 4.0 Long Term Maintenance The following provides recommendations regarding long-term work to be completed after Phases I and II of the construction phase. To ensure the viability of long-term conservation, bi-annual and as -needed maintenance is recommended. This includes the following: • Ensure roof is operating sufficiently and that water is being directed away from the building; • Ensure that any conservation work (i.e. masonry, mortar, etc.) is not failing; • Ensure that structural elements are inspected routinely; • Any conservation work of original elements must be undertaken by a heritage conservation specialist; • Inspect for any damage to original exterior windows (sills and voussoirs); and • Make note of any other condition issues to the building and ensure they are remedied in a timely manner. A comprehensive condition and structural analysis is recommended to take place every 15-20 years to ensure that the building is structurally sound and there are no outstanding issues. A Routine maintenance schedule to ensure conservation over the long-term is provided in Appendix D. November 2023 MHBC 133 Page 58 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 5.0 Guidance for Future Alterations 5.1 Introduction The following provides guidance on alterations which are likely to take place in the future. The purpose of this guidance is to ensure any alterations which take place in the future are consistent with best practice. Should any future Heritage Permit Applications take place in the future, it is recommended that this Conservation Plan be consulted. Appropriate alterations to historic buildings are often based on photographic evidence and research rather than conjecture. No historic photographs of the dwelling are available in the historic record which demonstrate the original features of the building shortly after it was constructed. Therefore, appropriate alterations are based on historic documentation and best practice. The Gothic Revival cottage was first published as an affordable farmhouse in an issue of ""The Canada Farmer" in 1864 (See Figures 34 & 35). Following this publication, it became the most popular form of farmhouse in Upper Canada. This architectural style includes a high degree of variability based on the availability of resources, budget, status, available craftsman/builders, personal preference, local traditions and aesthetics, etc. Gothic revival cottages may be ornate, and lend towards the Picturesque Gothic style. Others may be much less ornate. Gothic revival cottages typically include the following features: • Side -gabled or hipped roofline; • Front elevation gable speak (with or without finial/bargeboard); • Front elevation door opening (typically central) flanked by two window openings; and • Window opening within the front elevation gable (various shapes and sizes). November 2023 MHBC 134 Page 59 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON A SMALL GCTIIIC COTTAGE. Figures 34 & 35: Examples of the Gothic cottage provided in The Canada Farmer. (Source: The Canada Farmer, 1862 accessed online at www.canadiana.ca) 5. 1.1 Windows & Window Openings Windows Phase I of the construction phase does not include the alteration of window openings or existing windows. However, should any future application include the replacement of existing window, it is encouraged that: • Original window openings are not altered/enlarged; • Original window openings be respected, and any new window appropriately fit the existing/original window opening; • Any new/contemporary window designs include those which are appropriate for the design and period of construction and include muntins (such as, but not limited to, 4x4, 6x6 or 9x9 panes); A variety of contemporary window materials can be used, including vinyl or other composite materials which mimic wood. The intent is to be sympathetic to the Gothic Revival design while making appropriate alterations/replacements. November 2023 MHBC 135 Page 60 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Example of Appropriate Windows MAP PAP .. snowlow, Nk err oft Figures 36 & 37: Samples of appropriate contemporary window designs for the Gothic Revival cottage style. Example of Inappropriate Window Designs Inappropriate window designs include those which are not in keeping with the period of construction and architectural style. This includes contemporary windows which are intended for other architectural styles, such as Queen Anne or Craftsman (as pictured below). Frni r.mm... P n 'W1 IMP Uft� W - - r�M� Mi Perimeter ojpp-1 Ann- Figures 'nn Figures 38 & 39: Sample of inappropriate contemporary window designs for a Gothic Revival style. Window Openings The existing building includes several window openings which have been altered. Original window openings which are in keeping with the Gothic Revival style are encouraged to be maintained. The following provides guidance for the alteration of window openings: • Original window openings should be maintained; November 2023 MHBC 136 Page 61 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON • Window openings which have been altered and are inappropriate for the original design can be restored using like materials, and matching replacement bricks which are of a similar colour, material, and patina; • Any new window opening which is restored should be in keeping with the positive and negative space, and dimensions of existing windows as to respect fenestration patterns; • Any new window opening should include brick soldier courses/voussoirs and sills as with the existing window openings which are original. Example of Inappropriate Window Designs Inappropriate window openings include those which are not in keeping with the period of construction and architectural style. This includes windows which do not respect the positive and negative space of existing fenestration patterns. 61 y k Figures 40 & 41: (left) View of altered window opening at the east elevation of Section "A" of the building, (right) Sample of inappropriate window and window opening alterations. 5.1.2 Doors & Door Openings The proposal does not currently include the alteration of door openings or the installation of new doors or the alteration of door openings. However, should any future application include the replacement of existing doors, it is encouraged that: • Original door openings are not altered/enlarged; • Original door openings be respected, and any new door appropriately fit the existing/original window opening; • Any new/contemporary door designs include those which are appropriate for the design and period of construction (see examples below); November 2023 MHBC 137 Page 62 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON • Contemporary door openings which have been added to the dwelling can be a) bricked -over using matching bricks, b) continued in use as a contemporary door opening provide that the opening is not enlarged, orc) re -instate an original door opening. A variety of contemporary door materials can be used, including vinyl or other composite materials which mimic wood. Example of Appropriate Doors Appropriate door designs may include panel doors or multiple panel doors with or without panes of glass. The examples below are consistent with those of the Gothic Revival architectural style. Figures 42 & 43: Sample of appropriate contemporary door designs for the Gothic Revival style. Example of Inappropriate Door Replacements Inappropriate door designs may include those which are either not intended for the Gothic Revival architectural style, or an inappropriate subset of the Gothic revival style. For example, a picturesque cottage typically includes ornate doors/double doors which would not be in keeping with the example at 628 New Dundee Road. Further, contemporary examples which are intended for 20th and/or 21St century designs are also not appropriate. November 2023 MHBC 138 Page 63 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON I. Figures 44 & 45: Samples of inappropriate contemporary door designs for the Gothic Revival cottage located on the subject property. 5.1.3 Porch/Portico The existing dwelling is proposed to be re -located from its existing location and placed atop a new foundation. The existing concrete staircase at the front elevation which provides access to the front door is not original and will be removed. The existing concrete stairs and patio area at the east elevation is not original and will also be removed. Phase I of the proposal does not include the construction of a new porch/verandah. Should a new porch/patio or stairs be proposed, it is recommended that it be consistent with the design of a typical Gothic Revival farmhouse. As evidenced with the photos provided in The Canada Farmer, houses constructed in the Gothic Revival cottage architectural style (in some instances) did not include a porch or portico. Given that the dwelling on the subject property likely did not include an elaborate portico, it is recommended that one is not constructed. Other styles, such as the Picturesque Gothic often included a verandah on multiple sides of the dwelling (See Figure 48). November 2023 MHBC 139 Page 64 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Examples of Appropriate Stairs/ Porticoes Figures 46 & 47: Example of appropriate stairs/portico for Gothic Revival cottages. The proposed development does not include the construction of a new porch or portico given that it would be inappropriate for the design. However, if stairs/walkways are required in order to access the front steps, these would be appropriate in a natural material (stone, concrete, wood, etc.). Should a railing be required to meet building code, this can be accommodated provided that it is simple in its design and does not attempt to replicate in inauthentic architectural style or use inappropriate pre -fabricated builder's grade designs. Examples of Inappropriate Stairs/ Porticoes Figures 48 & 49: Examples of inappropriate verandahs and porches for Gothic Revival cottages. November 2023 MHBC 140 Page 65 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 5.1.4 Gothic Revival Cottage Details As previously noted, Gothic Revival cottages can include a range of style sub -sets, each having their own details. These details (such as bargeboard or "gingerbread") depend on factors including preference, available materials, and local traditions. The existing building does not include decorative features, such as bargeboard. The proposal does not include the addition of bargeboard. If an application came forward in the future to include new bargeboard, this would be appropriate provided that it is in -keeping with the simplistic design of the style and the time period. Examples of appropriate designs include, and are not limited to, those which are provided below. This includes examples which extend along the roof gables, as well as bargeboard at the peak only. Examples of Appropriate Gothic Revival Cottage Details P ipi, M LN 1 _-� L .. _". Figures 50 & 51: Examples of appropriate bargeboard for Gothic Revival Cottages. Examples of Inappropriate Gothic Revival Cottage Details Inappropriate details include those which are intended for other architectural styles, or are dated to the wrong time period. This includes styles of bargeboard which are commonly found on Queen Anne style houses, or contemporary 21St century designs. November 2023 MHBC 147 Page 66 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figures 52 & 53 5.1.5 Additions 1 Examples of inappropriate bargeboard for Gothic Revival Cottages. No contemporary additions to the building are proposed as part of the development of the subject property. However, additions to historic buildings can be accommodated provided that they are done appropriately. As per Ministry and Parks Canada guidance regarding best practices, any new addition should be complementary to, distinguishable from, and subordinate to a heritage resource. Additions are encouraged to be located away from front facades, where possible. Additions are encouraged to be of contemporary designs in order to create legibility between old and new fabric. The design of additions can lend from the positive and negative space of a heritage resource, but should not replicate its features. Additions should be constructed in such a way that they are "reversible", and could be removed in the future with minimal damage to authentic heritage fabric. Examples of Appropriate Additions to Heritage Buildings In general, new additions to heritage homes can be accommodated provided that they are appropriate. The following are examples which are appropriate for their respective buildings given their placement and design. November 2023 MHBC 142 Page 67 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON F 7- _' _ 11 1k i �J1 n '. Figures 54 & 55: Examples of appropriate additions to heritage buildings. Examples of Inappropriate Additions to Heritage Buildings Inappropriate additions can include those which are inappropriately placed (i.e. at the front elevation) which alters the design (Figure 50). It may also include those which are too similar in design and materials as heritage fabric to the extent that it fools an onlooker into thinking it is part of the original design (See Figure 51). Figures 56 & 57: Examples of inappropriate additions to heritage buildings. 5.1.6 Technical/Utility, Accessibility and Landscaping Other alterations and repairs to the building may be required in order to ensure that the building is conserved. This includes the installation of downspouts and eaves to ensure that water is directed away from the building. The installation of these components is November 2023 MHBC 143 Page 68 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON appropriate given it will ensure that physical elements of the building are maintained and conserved. The use of contemporary/vinyl elements in this regard is required and will not detract from the design of the building. The installation and location of other utility equipment is anticipated. This may include a HVAC, A/C unit and/or hydro meter. These elements should be allocated at the rear of the building, in an area which is screened from visibility. Any utilities or similar equipment should be installed in such a way that their removal is reversible, and would not result in irreparable damage to heritage fabric. It should also be noted that other details/alterations may be required to provide accessible entrances. Should an accessible entrance for the dwelling be proposed, it is recommended that it be located at a side or rear elevation as opposed to the front elevation in order to maintain the look of the dwelling from the public realm along New Dundee Road. Landscaping the site is anticipated and may require approval by way of a Heritage Permit Application. Should landscaping be proposed, the following is recommended: • That the majority of the building be visible from New Dundee Road. Here, new plantings and trees are acceptable, provided that the majority of building features are not hidden under dense foliage during leaf -on conditions; and • Landscaping should provide an appropriate setting for the dwelling and provide a differentiation of space between the contemporary new buildings with the existing heritage building to be conserved. 5.2 Qualifications It is recommended that heritage specialists conduct the work associated with the repair and restoration of any original heritage attributes, including masonry and mortar. These specialists should have demonstrated experience in the conservation of heritage buildings. 5.3 Approvals Process Part IV, Section 33 of the Ontario Heritage Act requires that the owner of a designated property shall not alter or permit the alteration of a heritage property if the alteration is likely to affect the property's heritage attributes, as set out in the description of heritage attributes in the designation By-law, as per the following section of the Ontario Heritage Act November 2023 MHBC 144 Page 69 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Alteration of property 33 (1) No owner of property designated under section 29 shall alter the property or permit the alteration of the property if the alteration is likely to affect the property's heritage attributes, as set out in the description of the property's heritage attributes in the by-law that was required to be registered under clause 29 (12) (b) or subsection 29 (19), as the case maybe, unless the owner applies to the council of the municipality in which the property is situate and receives consent in writing to the alteration. 2019, c. 9, Sched. 11, s. 11. Therefore, the alteration of features which are not explicitly described in the list of heritage attributes do not require approval by way of a heritage permit application. However, there are some types of work which may require approval given their nature and potential impacts on the overall design of the building. For example, approval would be required for the construction of new additions. While window openings may not include the physical windows of a building, as listed in the By-law, approval may be required for the installation of new windows to ensure they are appropriate for the building and do not detract for the reasons for which it was designated. Some classes of alterations can be dealt with at the staff level through the delegated authority By-law at the City of Kitchener. Heritage Permits are considered by the City of Kitchener Municipal Heritage Advisory Committee, who make a recommendation to Council. Council makes the final decision on the Application. Applications can be appealed to the Ontario Land Tribunal under Section 33 (9) of the Ontario Heritage Act The contents of this Conservation Plan are intended to assist the decision-making process as it relates to the proposed development and future Heritage Permit Applications. November 2023 MHBC 145 Page 70 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 6.0 Review of Conservation Principles and Guidelines 5.1 Introduction The following sub -sections of this report provide a review of conservation principles and guidelines which are accepted as cultural heritage best practice. This includes guidelines provided by the Ontario Heritage Trust as well as Parks Canada and the Ministry of Heritage, Sport, Tourism and Culture Industries. 5.2 Conservation Principles 5.2.1 The Eight Guiding Principles The Eight Guiding Prindp/es in the Conservation of Built Heritage Properties document from the Ministry of Tourism, Culture and Sport advises on what should be considered as it relates to conservation projects. These principles are reviewed in detail below. 1. Respect for documentary evidence Measured drawings and floor plans of the dwelling are provided in the Documentation & Salvage Report prepared to MHBC. Alterations to the building are recommended to occur as per a comparison of other examples of buildings constructed in the Gothic Revival cottage architectural style. 2. Respect for original location The Heritage Impact Assessment provided for the proposed development demonstrated that provided the existing building maintains its orientation to the public realm, re -location from its location in-situ is not anticipated to result in adverse impacts provided that it is re -located safely. Further, the building is proposed to be re -located on-site a short distance from its original location in order to balance conservation with the proposed development. November 2023 MHBC 146 Page 71 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 3. Respect for historic material The original materials of the building are primarily related to masonry. These are proposed to be retained and repaired using appropriate conservation methods provided in the Parks Canada Standards & Guidelines using lime rich mortar (provided in Appendix B). 4. Respect for original fabric The proposal includes retaining all original masonry fabric. S. Respect for buildings history This Conservation Plan will be accompanied by a Commemoration/Interpretation Plan as part of the proposed development in order to communicate the history of the property. 6. Reversibility The removal of the original foundation is not reversible, but is required in order to support continued residential use in the proposed new location and conservation over the long-term. 7. Legibility No additions to the existing are proposed which would require two features to be legible (distinguishable) from each other. Should any alterations or additions be proposed in the future, this conservation plan provides appropriate guidance. 8. Maintenance This Plan includes long-term recommendations which are intended to ensure that the building is maintained and repairs occur as needed on a routine basis. 5.2.2 The Standards and Guidelines (2010) Standards for Conservation The Standards and Guidelines document sets out various standards related to the primary treatments of resources in conservation projects. The first nine standards are related to preservation, which is recognized to be a primary component of all conservation projects. Standards 10 to 12 provide direction specific to rehabilitation and Standards 13 and 14 November 2023 MHBC 147 Page 72 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON provide information pertaining to restoration. These standards will be reviewed below, recognizing that both rehabilitation and restoration treatments are proposed. 1. Conserve the heritage value of an historic place. Do not remove, replace or substantially alter its intact or repairable character defining elements. Do not move a part of an historic place if its current location is a character -defining element The building is proposed to be re -located on the subject property to the south-west. The existing location of the building in-situ is not identified as a character -defining element. 2. Conserve changes to an historic place that, over time, have become character - defining elements in their own right The contemporary alterations to the building have been evaluated in the HIA and do not add to the CHVI of the building. This includes contemporary additions which are proposed to be removed during the construction phase. 3. Conserve heritage value by adopting an approach calling for minimal intervention. Generally, the method of re -location and conservation on-site calls for an approach of minimal intervention. The heritage attributes of the building will be retained, and repaired as appropriate to ensure the building is conserved over the long-term in its new location. 4. Recognize each historic place as a physical record of its time, place and use. Do not create a false sense of historical development by adding elements from other historic places or other properties, or by combining features of the same property that never coexisted. No alterations to the building are proposed which would create a false sense of historical development. Guidelines provided in Section 5.0 of this report include recommendations related to legibility and appropriate designs. 5. Find a use for an historic place that requires minimal or no change to its character - defining elements. The continued residential use of the building will require minimal changes to heritage attributes. 6. Protect and, if necessary, stabilize an historic place until any subsequent intervention is undertaken. Protect and preserve archaeological resources in place. November 2023 MHBC 148 Page 73 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Where there is ,potentia/ for disturbing archaeological resources, take mitigation measures to limit damage and loss of information. The building will be stabilized during the re -location under the direction of a building mover with demonstrated experience. As per the structural condition report, the building will be repaired following re -location to ensure that any issues are appropriately remediated. 7. Evaluate the existing condition of character -defining elements to determine the appropriate intervention needed. Use the gentlest means ,possible for any intervention. Respect heritage value when undertaking an intervention. The recommendations provided in this conservation plan are informed by the structural report provided in Appendix C. Repairs to masonry will be undertaken using the gentlest means, as per the recommendations in the Parks Canada Standards & Guidelines (See Appendix B). 8. Maintain character- defining elements on an ongoing basis. Repair character - defining elements by reinforcing their materials using recognized conservation methods. Replace in kind any extensively deteriorated or missing parts of character - defining elements, where there are surwving,protoopes. Recommendations are provided in this report to ensure heritage attributes are maintained on an ongoing basis. 9. Make any intervention needed to preserve character -defining elements, physically and visually compatible with the histonc,place and identifiable on close Insvection. Document any intervention for future reference. Interventions to the building are primarily limited to mortar repairs. Repairs to masonry will be undertaken using the gentlest means, as per the recommendations in the Parks Canada Standards & Guidelines (See Appendix B). 10. Repair rather than replace character- defining elements. Where character - defining elements are too severely deteriorated to repair, and where sufficient ,physical evidence exists, replace them with new elements that match the forms, materials and detailing of sound versions of the same elements. Where there is insufficient physical evidence, make the form, material and detailing of the new elements compatible with the character of the historic, place. November 2023 MHBC 149 Page 74 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON The proposed alterations to the building do not include the replacement of character defining elements. Masonry will be repaired as per the Parks Canada Standards & Guidelines. Where individual bricks are damaged and must be replaced, they may be replaced using bricks salvaged on-site, or bricks which match in size, colour, and patina. 11. Conserve the heritage value and character- defining elements when creating any new additions to an historic place or any related new construction. Make the new work ,physically and visually compatible with, subordinate to and distinguishable from the historic, place. The proposed development does not include any new additions. However, guidance on any future additions (should one be required), is provided in Section 5.1.3 of this report. IZ Create any new additions or related new construction so that the essential form and integrity of an historic place will not be impaired if the new work is removed in the future. The recommendations provided in Section 3.3 of this report includes guidance related to the integrity of historic place, and reversibility. 13. Repair rather than replace character- defining elements from the restoration ,period. Where character -defining elements are too severely deteriorated to repair and where sufficient physical evidence exists, replace them with new elements that match the forms, materials and detailing of sound versions of the same elements. As previously noted, any masonry elements which are too deteriorated to be repaired can be replaced with either bricks salvaged on-site, or bricks which match in size, colour, and patina. 14. Replace missing features from the restoration ,period with new features whose forms, materials and detailing are based on sufficient physical, documentary and/or oral evidence. The proposed development does not include the replacement of missing features. However, should any be proposed in the future, they should adhere to this guideline and include details based on documentary evidence/research or best practice, rather than conjecture. November 2023 MHBC 150 Page 75 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Guidelines for Buildings and Materials In addition to the standards provided above, the Parks Canada Standards and Guidelines provides specific direction regarding the preservation of elements of a historic place. The following guidelines for materials will be applied as it relates to the proposed development and alteration of identified heritage attributes: Guidelines for Materials: • All materials; and • Masonry. The excerpts from these guidelines are attached as Appendix B. November 2023 MHBC 157 Page 76 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 6.0 Commemoration/Interpretation Strategy The project includes the commemoration/interpretation of the site. This includes the following: • Salvage of materials from the existing barn to use on-site for commemoration/interpretation purposes; and • Installation of an interpretive panel/plaque within the amenity area. The following provides further information regarding the commemoration/interpretation strategy. 6.1 Salvaged materials and Commemoration on-site Barn materials will be salvaged for two purposes. The first purpose is to construct a new structure using original materials at another location by the current tenants. The second purpose is to salvage materials for the purpose of commemoration on-site. This includes logs and timbers for the creation of the following: • Construction of a monument feature within the development at the south-east corner. This feature will include the installation of vertical timbers/beams of varying heights in an undulating curve. Ellhe Installed onenn:lnua,.sahnve-graOle concretelarbn; OR posts a% ast Ir trench, rerretec anc haskfllled -o appev Ir•.I; Idualty placed. 41j" I Verll"-a tl'nuers �f•ori herl:sge bar.? i. ..�arying hegris I1 II R varying angled tops, undulate and c ke -20'—:3'L--- Figure 20a—:3u Figure 58: Concept design of a commemorative feature utilizing salvaged barn materials (Source: Fusion Homes, 2023) November 2023 MHBC 152 Page 77 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON ZZ,%'MrFF- y a5 E kEC.FT CL-" P C7 i 7 �_i -1 17 1-1 17 17 117, V V V V V ''i V V V V V V V V V f awn eir.�. srrnuce �' Figure 59: Proposed location of site monument noted with red arrow (Source: Fusion Homes, 2023) Beams and timbers available for salvage and re -use on site include hand-hewn timbers which are of varying sizes and dimensions, but are generally 7-10" x 6-10" and are 15ft. to 20ft. long (See Figures 60 & 61). November 2023 MHBC 153 Page 78 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Figures 60 & 61: Photographs of typical timbers within the barn, (Source: MHBC, 2023) Only those timbers which are in good condition are able to be incorporated into a commemorative feature. Those items which are irreparable due to fire, rot, infestation, etc. should not be utilized (example of damaged beam in Figure 56). It is recommended that salvaged timbers be treated so that they may withstand exposure to the elements and cared for over the long-term. However, it is not recommended that the entirety of the logs be milled or planed down to form uniform sizes for use as part of the commemorative feature. The timbers should retain their rustic appearance and hand- hewn qualities in order to commemorate these 19th century construction techniques. -- i Figures 62 & 63: Dimensions of typical timbers within the barn, (Source: MHBC, 2023) November 2023 MHBC 154 Page 79 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 6.2 Interpretive/Commemorative Panel The site is recommended to be interpreted through the use of a panel which provides images, text, and maps which interpret the history of the property and its cultural heritage value. This includes a description of the site prior to development, including photographs. The commemorative panel will be located within the amenity area as to provide the information with an area with is accessible. The panel will also note that the entrance feature was constructed with materials which were salvaged from the barn. 9 a L Figure 64: Map of proposed development indicating the proposed location of the interpretive panel (Source: Fusion Homes, 2023) The panel will also include materials which have been salvaged on-site. The panel is proposed to include a post and base structure which is includes materials salvaged from the barn. November 2023 MHBC 155 Page 80 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON CO c�CTfi 'l 3513 PUNIT APAYING cG�ck F RUBBER P�PryG LANDSCAPEDSAFETT-p�j`NG SURFACE AMENITY PERMEABLE UNIT PAVING 851.6 mz Rrp���G! _ CO/V.9165 filo Tentative location RFxEpq�`G of commemorative plaque 5 CANADA POST hAAILBOXES Figure 65: Detail map of proposed development indicating the proposed location of the interpretive panel (Source: Fusion Homes, 2023) November 2023 MHBC 156 Page 81 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON 7.0 Bibliography Government of Canada. Parks Canada. Standards and Guidelines for the Conservation of Historic Places in Canada. 2010 . Heritage Resources Centre. Ontario Architectural Style Guide. University of Waterloo, 2009. Ministry of Tourism, Culture and Sport. InfoSheet#5 Heritage ImnactAssessments and Conservation Plans, 2006. Ministry of Tourism, Culture and Sport. Infosheet — Eight Guiding Principles in the Conservation of Built Heritage Properties, 2007. Ontario Heritage Trust. Conservation Plans for Heritage Properties, 2012. November 2023 MHBC 157 Page 82 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix A— Terms of Reference November 2023 MHBC 158 Page 83 of 415 City of Kitchener Development Services Department - Planning Division Conservation and Relocation Plan - Terms of Reference 1. Introduction The following Terms of Reference shall be used to fulfill the condition regarding completion and approval of a Conservation and Restoration Plan as required for consideration of an application made under the Heritage or Planning Act. The Conservation and Restoration Plan shall address how the cultural heritage resources and attributes as identified and described in an approved Heritage Impact Assessment (HIA), will be conserved. A Conservation Plan is a document which identifies the conservation principles appropriate for the type of cultural heritage resource/attributes being conserved; provides detailed documentation of the resource and its heritage attributes; includes an assessment of current conditions and deficiencies; and recommends conservation measures and interventions in the short, medium and long term to ensure preservation of the property's cultural heritage significance. The relocation portion of the document describes the methodology proposed to move a heritage resource, including any short-term work required to the site or the building in preparation of the move, and the medium- term work required during the move of the structure and immediately following the relocation. 2. Policy Context Section 2 of the Planning Act indicates that Council shall have regard to matters of Provincial interest such as the conservation of features of significant architectural, cultural, historical, archaeological or scientific interest. In addition, Section 3 of the Planning Act requires that decisions of Council shall be consistent with the Provincial Policy Statement. Policy 2.6.1 of the Provincial Policy Statement requires that significant built heritage resources and significant cultural heritage landscapes shall be conserved. The Provincial Policy Statement defines a built heritage resource as including resources listed by local jurisdictions. Significant is defined as resources that are valued for the important contribution they make to our understanding of the history of a place, an event, or a people and notes that while some significant resources may already be identified and inventoried by official sources, the significance of others can only be determined after evaluation. Conserved is defined as meaning the identification, protection, management and use of built heritage resources, cultural heritage landscapes and archaeological resources in a manner that ensures their cultural heritage value or interest is retained under the Ontario Heritage Act. This may be achieved by the implementation of recommendations set out in a conservation plan, archaeological assessment, heritage impact assessment, and/or other heritage studies identified. Mitigative measures and/or alternative development approaches can be included in these plans and assessments. 3. Conservation and Relocation Plan Requirements The Conservation and Relocation Plan will include, but is not limited to, the following information: 3.1. Background • Present owner contact information for property proposed for development and/or alteration. Page 84 of 415 • Identification of all cultural heritage resource(s) and a clear statement of their cultural heritage value and interest, including a bullet point list of their heritage attributes. 3.2. Existing Conditions • An assessment of the current condition of the cultural heritage resources and their heritage attributes. The Conservation and Relocation Plan must identify the physical condition and integrity of the cultural heritage resources and their heritage attributes, with a view toward making recommendations regarding appropriate repair and maintenance, in keeping with good conservation practice. 3.3. Conservation Strategy Identification of the conservation principles and guidelines to be applied for the type of heritage resource/attributes being conserved and the specific conservation work to be undertaken in order to repair, maintain and protect the heritage resources and attributes. These conservation principles and guidelines may be found in publications such as: Parks Canada — Standards and Guidelines for the Conservation of Historic Places in Canada; Eight Guiding Principles in the Conservation of Building Heritage Properties, Ontario Ministry of Culture; and the Ontario Ministry of Culture's Ontario Heritage Tool Kit (all available online). Brief description detailing the suitability of the proposed new location, including how the lot is appropriate for and supports a continued viable use of the heritage resource after relocation and how the relocated heritage resource fits into the overall development and/or neighbourhood. Identification of the short-, medium- and long-term vision for the conservation of the heritage resources, and of the specific conservation measures to be undertaken in the short, medium, and long-term. Such measures shall describe the documentation, stabilization, repair, monitoring and maintenance strategies required to be undertaken for each phase and shall reference the qualifications for anyone responsible for undertaking such work. This section may include, but is not limited to, the following: Short -Term Conservation Work ■ Documentation (through detailed description and photographs) of heritage attributes proposed to be demolished, removed, salvaged or otherwise irreversibly damaged. ■ Description and specifications for site preparation work that needs to be undertaken prior to the relocation of the heritage resource. ■ Description and specifications for building preparation work required prior to the relocation of the heritage resource, such as: • Work to be undertaken to conserve heritage attributes in need of immediate repair and stabilization to prevent further deterioration, damage and the potential loss of such attributes. • Any structural framework which may need to be established in order to facilitate the moving of the heritage resource. ■ Monitoring strategy to protect the property from vandalism, water damage, fire, or other risks (e.g. methodology for monitoring; frequency of monitoring; and process to address issues that arise through monitoring) prior to construction. Page 85 of 415 Medium -Term Conservation Work ■ Description of the methodology proposed to complete the physically moving of the structure. ■ Description and specifications for work required to be undertaken to heritage attributes as part of the proposed development and/or rehabilitation (to include demolition, removal and salvage of heritage attributes; the stabilization, repair and cleaning of heritage attributes; and the reconstruction or replacement of heritage attributes). Such work may be divided into phases. ■ Description and specifications of other work to be undertaken to the exterior for rehabilitation and conservation, including any new addition(s) or alteration(s) proposed to the building. ■ Monitoring strategy to protect the property from vandalism, water damage, fire, or other risks (e.g. methodology for monitoring; frequency of monitoring; and process to address issues that arise through monitoring) after construction but prior to occupancy. Long -Term Conservation Work ■ Identification of a monitoring program addressing appropriate measures for the ongoing maintenance of the heritage resources and attributes, post development/rehabilitation. Provide a recommended schedule for conservation work including sequence for moving/phases of the short, medium, and long-term work, inspections, monitoring, and maintenances. Provide a recommended communication strategy between the applicant/qualified professional(s) completing the work and the City's Heritage Planning staff outlining how and when notice to the City will be provided prior to the commencement of significant phases of work. 3.4. Costs The Conservation Plan must include a cost estimate of the conservation work to be undertaken in the short-term to heritage attributes in need of immediate repair and stabilization to prevent further damage and deterioration as well as the medium-term work to be undertaken during and immediately following the relocation process. Such cost estimate must be prepared by a qualified individual or consultant. In order to ensure implementation of the Conservation and Relocation Plan, the City may require the owner to post a Letter of Credit equal to the value of the short and medium-term conservation work as a condition of the approval of the subject application. The Letter of Credit does not need to cover the cost of the move, but is intended as security to pay for damages and remediation that may be required as a result of the proposed development/relocation. 3.5. Qualifications The qualifications and background of the person(s) completing the Conservation and Relocation Plan shall be included in the report. The author(s) must demonstrate a level of professional understanding and competence in the field of heritage conservation. The Page 86 of 415 professional should be registered with the Canadian Association of Heritage Professionals (CAHP) and in good standing. The report will also include a reference for any literature cited, and a list of people contacted during the study and referenced in the report. The qualifications and background of the person(s) or company completing the moving of the heritage resources (the "Movers") shall be included in the report. This should include a portfolio of past experiences/projects. 4. Approval Process One digital pdf copy shall be provided to Heritage Planning staff. The Conservation and Relocation Plan will be reviewed by Heritage Planning staff and a recommendation will be made to the Director of Planning. Approval of the Conservation Plan by the Director of Planning is required prior to issuance of approval of the application. Approval of the Conservation Plan may result in the establishment of development related legal agreements or conditions of development approval. Page 87 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix B— Excerpts of the Parks Canada Standards and Guidelines for the Conservation of Historic Places in Canada 4.5 Guidelines for Materials; and 4.5.3 Masonry. November 2023 MHBC 159 Page 88 of 415 GUIDELINES FOR MATERIALS The guidelines apply to the materials that compose buildings, built features of cultural landscapes and constructed elements of engineering works. Because materials are often identified as character - defining, they contribute to the heritage value of historic places and should be conserved. The ongoing care of materials, including appropriate maintenance and repair, contributes to the integrity and lifespan of an historic place. lh-Idnd materials should be used when- ever possible. Sourcing materials for repair and replacement can be challeng- ing, especially if the materials are from an historic source that no longer exists, such as a quarry, an old-growth forest, or a manufacturing facility that has closed down. It may be possible to find salvaged materials from other buildings or, in some cases, find the needed materials elsewhere in the historic place to use for small repairs. DURABILITY Traditional building materials, such as masonry and wood, are inherently durable. Over time, they have demonstrated a significant capacity to withstand surface degradation without losing structural capacity, or frequent repairs as long as basic maintenance is carried out. PATINA There is a fine distinction between patina and decay. Patina is the natural aging of materials; an organic and superficial surface degradation that is usually not harmful to the material. It can also be caused by use and wear. Understanding patina and its heritage value in the context of an historic place is part of assessing the condition of materials. It may be important to conserve patina for reasons of appearance, such as moss growing on a mature tree or the changed colour of a building stone, or for natural protection, such as on metals, where corrosion may form a protective coating. Substitute Materials Substitute materials should be explored only after all other options for repair and replacement have been ruled out. They should be used only when the original materials or craftsmanship are no longer available, when the original materials are of poor quality or damage adjacent character -defining materials, or when specific regulations rule out using hazardous materials. Because there are so many unknowns about the long-term performance of substitute materials, their use should not be considered without a thorough investigation of their composi- tion, compatibility, durability and instal- lation. The importance of finding visually and physically compatible substitute materials cannot be overstated. APPLYING THE GUIDELINES The Guidelines for Materials contain guidelines that apply to all materi- als, and guidelines related to specific materials. When conserving any mate- rial, first refer to the guidelines for All Materials and then to the guidelines related to the specific material: Wood and Wood Products, Masonry, Concrete, Architectural and Structural Metals, Glass and Glass Products, or Plaster and Stucco. The Miscellaneous Materials subsec- tion includes general guidance for the conservation of materials that do not fall into one of these categories. The Guidelines for Materials should not be used in isolation, but in conjunction with the appropriate section for the related building assembly, built feature, or constructed element. STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PR@01V`CWD41 1 213 4.5.1 ALL MATERIALS These guidelines provide direction when a material is identified as a character - defining element of an historic place. The material may have been identified specifically, or may be an integral part of a character -defining element. These guide- lines provide direction on documentation, condition assessment, testing and main- tenance activities, repair and replacement in kind that apply to all materials. For the investigation, analysis and modification of materials that are part of engineering works, the services of a professional engineer are required by code. The Guidelines for All Materials do not provide complete guidance on materi- als conservation; they provide general advice common to all materials. As such, they should be referred to in conjunction with the following guidelines for specific materials: 4.5.2 Wood and Wood Products 4.5.3 Masonry 4.5.4 Concrete 4.5.5 Architectural and Structural Metals 4.5.6 Glass and Glass Products 4.5.7 Plaster and Stucco 4.5.8 Miscellaneous Materials. Wood: An example of "limited replacement in kind" describes an appropriate scope of work in the Preservation treatment. Only the damaged corner of a stair's newel post at the Commissioner's Residence in Dawson City, has been replaced (it will be stained to match). Only repairing deteriorated parts meant that most of the character -defining elements were retained. Masonry: In this rehabilitation project of the Rideau Canal, some of the original limestone blocks remained in good condition. Others, which were too deteriorated to repair, were replaced in kind with new limestone blocks. 2141 GUIDELINES F PRq_Q@E9IQLgf 415 GENERAL GUIDELINES FOR PRESERVATION, REHABILITATION AND RESTORATION 1 Understanding the materials that comprise the historic place and how they contribute to its heritage value. 2 Documenting all interventions that affect materials, and ensuring that the documentation is available to those responsible for future interventions. 3 Determining the appropriate level of investigation required to understand the properties and overall condition of the material. 4 Assessing materials fully to understand condition, evolution over time, deterioration and mechanical and chemical properties. This should be done early in the planning process so that the scope of work is based on current conditions. 5 Testing and examining materials and coatings to determine their properties and causes of deterioration, damage or distress, through investigation, monitoring and minimally invasive or non-destructive testing techniques. 6 Testing proposed interventions to establish appropriate replacement materials, quality of workmanship and methodology. This can include reviewing samples, testing products, methods or assemblies, or creating a mock-up. Testing should be carried out under the same conditions as the proposed intervention. 7 Maintaining materials on a regular basis, as described in the * relevant material subsection. 8 Carrying out regular monitoring and inspections of materials to proactively determine the type and frequency of maintenance required. 9 Developing a maintenance plan, where appropriate, that includes schedules for monitoring and inspection. Failing to undertake an appropriate level of investigation and analysis before identifying the level of conservation work required. Carrying out a level of conservation work that exceeds what is required, or taking action based on assumptions or rules of thumb. Failing to assess the impact of maintenance practices on materials. Failing to consider the relationship between materials and adjacent elements as a source of deterioration. Using highly destructive probing or sampling techniques that damage or destroy materials. Undertaking work without understanding the mechanical and chemical properties of the material. Carrying out a repair that does not treat or address the cause of the problem. Failing to adequately maintain materials, or carrying out maintenance on an ad-hoc basis. STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PLPAt�N`C�fkD7�� 215 GENERAL GUIDELINES FOR PRESERVATION, REHABILITATION AND RESTORATION ■ Recommended 10 Updating and adapting maintenance activities, as conditions and knowledge about the materials and maintenance products and methods evolve. 11 Cleaning materials only when necessary, to remove heavy soiling or graffiti. The cleaning method should be as gentle as possible to obtain satisfactory results. 12 Carrying out cleaning tests, after it has been determined that a specific cleaning method is appropriate. 13 Protecting adjacent materials from accidental damage during Allowing character -defining elements to be exposed to maintenance or repair work. accidental damage by nearby work. 14 Repairing or replacing materials to match the original as closely Using inappropriate or untested materials or as possible, both visually and physically. consolidants, or using untrained personnel for repair work. ADDITIONAL GUIDELINES FOR REHABILITATION PROJECTS ■ Recommended 15 Replacing character -defining materials with compatible substitute materials, when the original is found to accelerate deterioration and only after thorough analysis and monitoring confirms that the material or construction detail is problematic. Substitute materials should be as durable as the overall assembly to maintain its expected service life. Using new materials and new technologies that do not have a proven track record. Replacing deteriorated character -defining elements using new materials or technologies to improve durability, when the original material performs adequately. ADDITIONAL GUIDELINES FOR RESTORATION PROJECTS Recommended Not Recommendec 16 Documenting materials dating from periods other than the Failing to document materials that are not from the restoration period before their alteration or removal. If possible, restoration period before removing them. selected samples of these materials should be stored to facilitate future research. 2161 GUIDELINES FOR@E9IZ4f 415 4.5.3 MASONRY L These guidelines provide direction when masonry is identified as a character -defin- ing element of an historic place. They also give direction on maintaining, repairing and replacing masonry elements. Masonry refers to mortared or dry laid natural stone as well as brick, cast stone, terra cotta and concrete block. The aesthetic characteristics of the masonry, such as the finish dressing, texture and colour of the stone, brick or mortar, the coursing pattern, and the joint width and profile, along with the careful integration of decorative sculptural and functional elements, such as band courses, lintels, water tables, cornices, scuppers and carv- ings, all contribute to its heritage value and require careful consideration. WORN 1 Preserving the exterior of the British Columbia Legislative Building (its rear fa4ade shown here), including its masonry walls, steps, columns, pilasters, window surrounds, decorative details and cornices, began with documenting the material, form, jointing, tooling, bonding patterns, coatings, colour and conditions of these elements before beginning project work. Masonry construction in Canada ranges from statues and simple stone pathways, to massive fortifications and modern brick veneers on high-rise buildings. In many early uses, masonry played a dual role, acting as both the structural system and the building envelope. When conserving these types of masonry, it is important to consider both of these roles. Sandblasting was once a popular method of removing paint from brick; however, it also removed the brick's outer hardened "crust" causing the brick to deteriorate. The harsh climate in many parts of Canada can seriously damage masonry elements. This wall has suffered irreversible damage from water penetrating the brick fa4ade and freezing, causing the faces of many bricks to pop off. To avoid such damage, repair failed flashings, deteriorated mortar joints or other mechanical defects, but do not apply water-repellent coatings, which can trap moisture inside the masonry. 2221 GUIDELINES FOREKrqL4f 415 1 Preserving the exterior of the British Columbia Legislative Building (its rear fa4ade shown here), including its masonry walls, steps, columns, pilasters, window surrounds, decorative details and cornices, began with documenting the material, form, jointing, tooling, bonding patterns, coatings, colour and conditions of these elements before beginning project work. Masonry construction in Canada ranges from statues and simple stone pathways, to massive fortifications and modern brick veneers on high-rise buildings. In many early uses, masonry played a dual role, acting as both the structural system and the building envelope. When conserving these types of masonry, it is important to consider both of these roles. Sandblasting was once a popular method of removing paint from brick; however, it also removed the brick's outer hardened "crust" causing the brick to deteriorate. The harsh climate in many parts of Canada can seriously damage masonry elements. This wall has suffered irreversible damage from water penetrating the brick fa4ade and freezing, causing the faces of many bricks to pop off. To avoid such damage, repair failed flashings, deteriorated mortar joints or other mechanical defects, but do not apply water-repellent coatings, which can trap moisture inside the masonry. 2221 GUIDELINES FOREKrqL4f 415 Masonry should be cleaned only when necessary to halt deterioration or remove heavy soiling. If surface cleaning is appropriate, test to select the gentlest cleaning method possible, and observe the result over time to determine the immediate and the long-term effects. Test cleaning the left portion of this brick and stone wall (using low pressure water and detergents, when there was no chance of freezing) created an acceptably clean wall. A wide variety of stone has been used in historic places. Each type has different properties and behaviours that must be understood to ensure their proper conservation. Because stone is a natural material, it can possess inclusions of minerals or clay that can weaken it and reduce its durability. Poor -quality design and workmanship can aggravate these inherent weaknesses. Brick is a solid or hollow masonry unit, typically made of clay, calcium -silicate, or concrete, and used for both cladding and structural work. Terra cotta is also made of clay mixed with sand. It is used for ornamental work, roof and floor tiles, interior partitions and as fire proofing for metal structures. Terra cotta is not a load- bearing material. The preservation of masonry can best be ensured through appropriate and timely maintenance. Cleaning treatments for purely aesthetic purposes should be avoided because they can aggravate and accelerate deterioration. These guidelines provide general recom- mendations for masonry and should be used in conjunction with 4.5.1, All Materials. Because masonry can form part of the structure or envelope of a building or engineering work, also refer to Structural Systems and to Exterior Walls in the Guidelines for Buildings. One of the primary causes of deterioration of glazed architectural terra cotta, like that shown on the Confederation Life Building in Winnipeg is water. Water -related damage to the glazed units, mortar, metal anchors or masonry backfill can be repaired only after eliminating the sources of that water. In order to ensure that the actual root problem is being solved, investigation work would need to be completed prior to any repairs in order to identify that source. Deteriorated slate pavers should be replaced in kind from the same source of the original material. If the original quarry is closed, a suitable match should be located and attention given to the stone's composition, strength and colour. STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PLPA?0MC'dAaf 1 1 223 Tenby School in Lansdowne MB is a well-preserved and rare example of a village school built with concrete blocks, a material commonly used between 1890 and 1905 for homes and commercial buildings in southern Manitoba. The blocks were artfully formed on site by using three distinct moulds. Using brick masonry in interiors is a long lasting, almost indestructible finish for public spaces. Brick walls and floors are character defining in many modern interiors such as the Joseph Shepard Building in Toronto. It is not recommended to apply paint or other coatings to masonry that has been historically unpainted or uncoated. Many stone masonry monuments, such as the Brock Monument in Queenston, ON, are historic places. A monument does not face many of the challenges of historic buildings or engineering works. Its purpose and use are the same today as when it was built. A monument is expected to remain constant and unchanged despite time, deterioration and weathering. Continuous maintenance and repairs are required and interventions or major repairs must be carefully considered to evaluate their potential impact on each part of the monument. Masonry used on the exterior of modern buildings is generally a cladding attached to a separate structure. Clips, anchors or shelf angles are used to attach the stone panels or brick masonry. The deterioration of these anchors is an area of potential deterioration and failure. Monitoring the condition of these anchors is a vital part of a maintenance plan, as their failure can lead to very significant damage. 2241 GUIDELINES FOR EK I29f 415 GENERAL GUIDELINES FOR PRESERVATION, REHABILITATION AND RESTORATION Understanding the properties and characteristics of the masonry of the historic place. Documenting the form, materials and condition of masonry Undertaking an intervention that affects masonry without before undertaking an intervention. For example, identifying the first documenting its existing character and condition. particular characteristics and source of the type of stone or brick used, and the composition of the mortar. 3 Protecting and maintaining masonry by preventing water Lpenetration, and maintaining proper drainage so that water or organic matter does not stand on flat surfaces, or accumulate in ! decorative features. 4 Applying appropriate surface treatments, such as breathable coatings, to masonry elements as a last resort, only if masonry repairs, alternative design solutions or flashings have failed to stop water penetration, and if a maintenance program is established for the coating. Sealing or coating areas of spalled or blistered glaze on terra cotta units, using appropriate paints or sealants that are physically and visually compatible with the masonry units. Cleaning masonry, only when necessary, to remove heavy soiling or graffiti. The cleaning method should be as gentle as possible to obtain satisfactory results. Failing to identify, evaluate and treat the causes of masonry deterioration. Applying water-repellent coatings to stop moisture penetration when the problem could be solved by repairing failed flashings, deteriorated mortar joints, or other mechanical defects. Over -cleaning masonry surfaces to create a new appearance, thus introducing chemicals or moisture into the materials. Blasting brick or stone surfaces, using dry or wet grit sand or other abrasives that permanently erode the surface of the material and accelerate deterioration. Using a cleaning method that involves water or liquid chemical solutions when there is a possibility of freezing temperatures. Cleaning with chemical products that damage masonry or mortar, such as using acid on limestone or marble. Failing to rinse off and neutralize appropriate chemicals on masonry surfaces after cleaning. Applying high-pressure water cleaning methods that damage the masonry and mortar joints and adjacent materials. STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PBAS�N`C`k(f kD7�� 225 GENERAL GUIDELINES FOR PRESERVATION, REHABILITATION AND RESTORATION ■ Recommended 7 Carrying out masonry cleaning tests after it has been deter- mined that a specific cleaning method is appropriate. 8 Inspecting painted masonry surfaces to determine whether paint can successfully be removed without damaging the masonry, or if repainting is necessary. Testing in an inconspicuous area may be required. 9 Removing damaged or deteriorated paint only to the next sound layer, using the gentlest method possible; for example, hand scraping before repainting. 10 Re -applying compatible paint or coatings, if necessary, that are physically compatible with the previous surface treatments and visually compatible with the surface to which they are applied. 11 Retaining sound and repairable masonry that contributes to the heritage value of the historic place. 12 Stabilizing deteriorated masonry by structural reinforcement and weather protection, or correcting unsafe conditions, as required, until repair work is undertaken. Cleaning masonry surfaces without sufficient time to determine long-term effectiveness and impacts. Removing paint that is firmly adhering to masonry surfaces. Using methods of removing paint that are destructive to masonry, such as sandblasting, application of caustic solutions, or high-pressure water blasting. Applying paint, coatings or stucco to masonry that has been historically unpainted or uncoated. Removing paint from historically painted masonry, unless it is damaging the underlying masonry. Removing stucco from masonry that was historically never exposed. Replacing or rebuilding masonry that can be repaired. 13 Repairing masonry by repointing the mortar joints where there Removing sound mortar. is evidence of deterioration, such as disintegrating or cracked mortar, loose bricks, or damp walls. 14 Removing deteriorated or inappropriate mortar by carefully raking the joints, using hand tools or appropriate mechanical means to avoid damaging the masonry. Using rotary grinders or electric saws to fully remove mortar from joints before repointing. In some instances it may be acceptable to make a single pass with a cutting disk to release tension in the mortar before raking the joint. Extreme caution must be used to prevent accidental damage. 2261 GUIDELINES F PRq_Q@ER I29f 415 GENERAL GUIDELINES FOR PRESERVATION, REHABILITATION AND RESTORATION 15 Using mortars that ensure the long-term preservation of the masonry assembly, and are compatible in strength, porosity, absorption and vapour permeability with the existing masonry units. Pointing mortars should be weaker than the masonry units; bedding mortars should meet structural requirements; and the joint profile should be visually compatible with the masonry in colour, texture and width. 16 Duplicating original mortar joints in colour, texture, width and joint profile. Repointing with mortar of a higher Portland cement content than in the original mortar. This can create a bond stronger than the historic material (brick or stone) and cause damage as a result of the differing expansion coefficients and porosity of the materials. Repointing with a synthetic caulking compound. Using a'scrub' coating technique to repoint instead of using traditional repointing methods. 17 Replacing in kind extensively deteriorated or missing parts of Using a substitute material for the replacement part that IL masonry elements, based on documentary and physical evidence neither conveys the same appearance as the masonry element, nor is physically or chemically compatible. ADDITIONAL GUIDELINES FOR REHABILITATION PROJECTS 18 Repairing masonry by patching, piecing -in or consolidating, using recognized conservation methods. Repair might include the limited replacement in kind, or replacement with a compatible substitute material, of extensively deteriorated or missing masonry units, where there are surviving prototypes. Repairs might also include dismantling and rebuilding a masonry wall or structure, if an evaluation of its overall condition determines that more than limited repair or replacement in kind is required. 19 Replacing in kind an irreparable masonry element, based on documentary and physical evidence. HEALTH, SAFETY AND SECURITY CONSIDERATIONS 20 Removing hazardous materials from masonry, using the least - invasive abatement methods, and only after adequate testing has been conducted. SUSTAINABILITY CONSIDERATIONS 21 Selecting replacement materials from sustainable sources, where possible. For example, replacing deteriorated stone units using in-kind stone recovered from a building demolition. Removing an irreparable masonry element and not replacing it, or replacing it with an inappropriate new element. STANDARDS AND GUIDELINES FOR THE CONSERVATION OF HISTORIC PLPA��N`CAafA1 1 227 ADDITIONAL GUIDELINES FOR RESTORATION PROJECTS ■ Recommended 22 Repairing, stabilizing and securing masonry elements from the restoration period, using recognized conservation methods. Repairs should be physically and visually compatible and identifiable on close inspection for future research. Removing masonry elements from the restoration period that could be stabilized and conserved. Replacing an entire masonry element from the restoration period, when repair and limited replacement of deteriorated or missing parts is possible. Using a substitute material for the replacement that neither conveys the same appearance as the surviving masonry, nor is physically or chemically compatible. 23 Replacing in kind a masonry element from the restoration Removing an irreparable masonry element from the period that is too deteriorated to repair, based on documentary restoration and not replacing it, or replacing it with and physical evidence. The new work should be well documented an inappropriate new element. and unobtrusively dated to guide future research and treatment. 2281 GUIDELINES FOR@E9RL4f 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix C —Structural Condition Report (Tacoma) November 2023 MHBC 160 Page 100 of 415 House Condition Assessment 628 New Dundee Road Kitchener, Ontario Prepared for: F USICN H Q MI E S Prepared by: TACk.,.MA 1:NCIINEER5 F220 — 155 Frobisher Drive Waterloo, ON TW -927-23 October 30, 2023 Page 101 of 415 Tacoma Engineers Inc. Structural Condition Assessment Project No. TW -989-23 628 New Dundee Road October 30, 2023 Kitchener, Ontario 1. Introduction Tacoma Engineers has been retained by Fusion Homes of Guelph, Ontario to carry out a structural condition assessment of a two storey home located at 628 New Dundee Road in Kitchener. The property is a part of a proposed subdivision redevelopment, to be undertaken by the client. Tacoma Engineers was retained by Fusion Homes on June 16t'', 2023. The undersigned attended the site on June 30t'', 2023. This report includes a summary of the following items for the building: • major structural systems; • existing structural conditions and areas of potential concern; 2. Background Tacoma Engineers has been retained directly by the property owner, Fusion Homes. This report is being produced as a response to a request from the City of Kitchener, who have asked that a professional engineer comment on the condition of the building, as the owner looks to relocate heritage portions the home as a part of the redevelopment. This report is based on a visual inspection only and does not include any destructive testing. The structure was abandoned at the time of this review, and the interior of the building was in a state of disrepair. No further structural analysis or building code analysis has been carried out as part of this report unless specifically noted. No previous work has been completed by Tacoma Engineers on this building for this or any other owner. No sub -consultants have been retained to participate in this assessment. 3. Building History The home was reportedly built in several phases over the late 19t' century and early 20t' century. The building is constructed as a two-storey brick building, with an attached garage and additions of modern construction. The entire property measures approximately 2000 ftZ in gross building area, as measured through public maps. The historically significant portion of the property measures approximately 1600 ftZ in gross building area. 4. Scope and Methods No documents were provided to the undersigned prior to the preparation of this report, as they do not have any records, nor were any provided. The assessment of the building is based on a visual assessment from grade. A site visit was carried out by Nick Lawler, P.Eng., on June 30St, 2023. A visual review of all accessible spaces was completed on this date, and photographs were taken. Page 102 of 415 Tacoma Engineers Inc. Project No. TW -989-23 October 30, 2023 5. Definitions Structural Condition Assessment 628 New Dundee Road Kitchener, Ontario The following is a summary of definitions of terms used in this report describing the condition of the structure as well as recommended remedial actions. Detailed material condition definitions are included in Appendix A of this report. Condition States': 1. Excellent — Element(s) in "new" condition. No visible deterioration type defects present, and remedial action is not required. 2. Good — Element(s) where the first signs of minor defects are visible. These types of defects would not normally trigger remedial action since the overall performance is not affected. 3. Fair — Element(s) where medium defects are visible. These types of defects may trigger a "preventative maintenance" type of remedial action where it is economical to do so. 4. Poor — Element(s) where severe or very severe defects are visible. These types of defects would normally trigger rehabilitation or replacement if the extent and location affect the overall performance of that element. Immediate remedial action': these are items that present an immediate structural and/or safety hazards (falling objects, tripping hazards, full or partial collapse, etc.). The remedial recommendations will need to be implemented immediately and may include restricting access, temporary shoring/supports or removing the hazard. Priority remedial action': these are items that do not present an immediate hazard but still require action in an expedited manner. The postponement of these items will likely result in the further degradation of the structural systems and finishes. This may include interim repairs, further investigations, etc. and are broken down into timelines as follows: 1. Short-term: it is recommended that items listed as short-term remedial action are acted on within the next 6 months (before the onset of the next winter season). 2. Medium-term: it is recommended that items listed as medium-term remedial action are acted on within the next 24 months. 3. Long-term: it is recommended that items listed as long-term remedial action are acted on within the next 5-10 years. Many of these items include recommendations of further review/investigation. • Routine maintenance': these are items that can be performed as part of a regularly scheduled maintenance program. ' Adapted from "Structural Condition Assessment", 2005, American Society of Civil Engineers/Structural Engineering Institute 2 Page 103 of 415 Tacoma Engineers Inc. Structural Condition Assessment Project No. TW -989-23 628 New Dundee Road October 30, 2023 Kitchener, Ontario 6. General Structural Conditions The building is constructed as a two-storey brick structure. Exterior walls are constructed with mass masonry brick. The interior framing is conventional wood framing, and the foundations were found to be rubble stone masonry, of unknown depth and thickness. 6.1. Exterior Walls Construction The exterior walls are constructed with brick masonry. The modern portions of the building have been clad with vinyl siding, which likely are farmed with conventional wood framing. Conditions The exterior is in fair condition with signs of deterioration due to deferred and inadequate maintenance. Settlement cracks have occurred over most window openings, which is typical for a building of this age and construction. Some masonry joints have deteriorated, and have been previously repaired with hard cement mortars, or sealants (caulking). The existing chimney was found to be in fair condition, however it does not appear to be original to the construction of the heritage portion of the home. Recommendations • The brick masonry will require restoration to address deteriorated masonry joints and units. This will ensure long term durability against water ingress and weather. • Relocation of the home will likely induce additional cracks, so this restoration should be carried out after the home as been placed in it's final location. Photograph 1 — Step Cracks Over Door Opening Page 104 of 415 Tacoma Engineers Inc. Project No. TW -989-23 October 30, 2023 Structural Condition Assessment 628 New Dundee Road Kitchener, Ontario Photograph 2 — Damaged Corner Repaired with Cement Photograph 3 — Joint Cracking and Sealant Repairs 4 Page 105 of 415 Tacoma Engineers Inc. Project No. TW -989-23 October 30, 2023 7. Relocation Feasibility Structural Condition Assessment 628 New Dundee Road Kitchener, Ontario The building will need to be relocated to fit better within the layout of the proposed development. Based on our review of the structure on June 30, 2023, we are of the opinion that the existing house is a good candidate for relocation. This opinion is based on our visual review of the house without benefit of any destructive testing. The majority of the interior framing is covered with finishes and the brick masonry visible from the exterior. The exterior brick requires restoration after relocation, however the brick appears to be in suitable condition to allow relocation without significant restoration. Note the house relocation work must be completed by an experienced structural house moving contractor and include full design engineering for the temporary bracing, shoring and lift beams. This work is outside of Tacoma Engineers scope of work. The contractor is to contact Tacoma Engineers to coordinate the structural move requirements with the design of the new foundation system. e Per: 4a=" 1001(34':�17 Nick Lawler, MASc, PE, P.Eng, CAHP TW -989-23 Structural Engineer, Senior Associate CT 30- e® Tacoma Engineers Inc. �®�®4tcF OV, 7)�,,��`' Page 106 of 415 Tacoma Engineers Inc. Structural Condition Assessment Project No. TW -989-23 628 New Dundee Road October 30, 2023 Kitchener, Ontario Appendix A: Material Condition Definitions Condition States': 1. Excellent — Element(s) in "new" condition. No visible deterioration type defects present and remedial action is not required. 2. Good — Element(s) where the first signs of minor defects are visible. These types of defects would not normally trigger remedial action since the overall performance is not affected. 3. Fair — Element(s) where medium defects are visible. These types of defects may trigger a "preventative maintenance" type of remedial action where it is economical to do so. 4. Poor — Element(s) where severe or very severe defects are visible. These types of defects would normally trigger rehabilitation or replacement if the extent and location affect the overall performance of that element. Steel Corrosion': SC 1. Light — Loose rust formation and pitting in the paint surface. No noticeable section loss. SC2. Medium — Loose rust formation with scales or flakes forming. Up to 10% section loss. SC3. Severe — Stratified rust with pitting of metal surface. Between 10% and 20% section loss. SC4. Very Severe — Extensive rusting with local perforation or rusting through, in excess of 20% section loss. Timber Checks, Splits and Shakes': TChl. Light— Extend less than 5% into the member. TCh2. Medium — Extend between 5% and 10% into the member. TCh3. Severe —Extend between 10% and 20% into the member. TCh4. Very Severe — Extend more than 20% into the member. Timber Cracking, Splintering and Crushing': TCrl. Light — Damage is superficial with less than 5% section loss. TCr2. Medium —Considerable damage with 5% to 10% Section loss. TCr3. Severe —Significant damage with 10% to 20% Section loss. TCr4. Very Severe — Extensive damage with section loss in excess of 20%. Timber Rot/Decay': TRI. Light — Slight change in colour. The wood sounds solid and cannot be penetrated by a sharp object. Damage is superficial with less than 5% section loss. TR2. Medium — Surface is discoloured with black and brown streaks. The wood sounds solid and offers moderate resistance to penetration by sharp object. Considerable damage with 5% to 10% Section loss. TR3. Severe — Surface is fibrous, checked or crumbly and fungal fruiting bodies are growing on it. The wood sounds hollow when tapped and offers little resistance to penetration by sharp object. Significant damage with 10% to 20% Section loss. TR4. Very Severe — The surface can be crumbled and disintegrated with ease. Extensive damage with section loss in excess of 20%. ' Adapted from "Ontario Structure Inspection Manual (OSIM), 2000 (Rev. 2008)" by the Ministry of Transportation Ontario (MTO) Page 107 of 415 Tacoma Engineers Inc. Structural Condition Assessment Project No. TW -989-23 628 New Dundee Road October 30, 2023 Kitchener, Ontario Masonry Cracking': MCI. Hairline Cracks -Less than 0.1 mm wide. MC2. Narrow Cracks - Between 0.1 and 0.3 mm wide. MC3. Medium Cracks - Between 0.3 and 1.0 mm wide. MC4. Wide Cracks - Greater than 1.0 mm wide. Masonry Splitting, Spalling and Disintegration': MSI. Light- Hairline cracking and minor loss of stone surface with loss of section up to 50 mm. MS2. Medium -Considerable damage with 5% to 10% Section loss. MS3. Severe -Significant damage with 10% to 20% Section loss. MS4. Very Severe - Extensive damage with section loss in excess of 20%. Mortar Deterioration MD 1. Light - Mortar lost from the joints in a few places, to a depth of 10 mm. MD2. Medium -Mortar lost from the joints in a few places, to a depth of 20 mm MD3. Severe -Mortar lost from the joints over an extended area, to a depth between 20 and 50 mm. MD4. Very Severe - Extensive loss of mortar resulting in the loss of a few stones. Concrete Scaling': CScl. Light - Loss of surface mortar to a depth of up to 5 mm without exposure of coarse aggregate. CSc2. Medium - Loss of surface mortar to a depth of 6 to 10 mm with exposure of some coarse aggregates. CSc3. Severe - Loss of surface mortar to a depth of 11 mm to 20 mm with aggregate particles standing out from the concrete and a few completely lost. CSc4. Very severe - Loss of surface mortar and aggregate particles to a depth greater than 20 mm. Concrete Spalling': CSp 1. Light - Spalled area measuring less than 150 mm in any direction or less than 25 mm in depth. CSp2. Medium - Spalled area measuring between 150 mm to 300 mm in any direction or between 25 mm and 50 mm in depth. CSp3. Severe - Spalled area measuring between 300 mm to 600 mm in any direction or between 50 mm and 100 mm in depth. CSp4. Very Severe - Spalled area measuring more than 600 mm in any direction or greater than 100 mm in depth. Concrete Delamination': CD 1. Light - Delaminated area measuring less than 150 mm in any direction. CD2. Medium - Delaminated area measuring 150 mm to 300 mm in any direction. CD3. Severe - Delaminated area measuring 300 mm to 600 mm in any direction. CD4. Very Severe - Delaminated area measuring more than 600 mm in any direction. Concrete Cracking': CCI. Hairline Cracks -Less than 0.1 mm wide. CC2. Narrow Cracks - Between 0.1 and 0.3 mm wide. CC3. Medium Cracks - Between 0.3 and 1.0 mm wide. CC4. Wide Cracks - Greater than 1.0 mm wide. ' Adapted from "Ontario Structure Inspection Manual (OSIM), 2000 (Rev. 2008)" by the Ministry of Transportation Ontario (MTO) Page 108 of 415 Tacoma Engineers Inc. Structural Condition Assessment Project No. TW -989-23 628 New Dundee Road October 30, 2023 Kitchener, Ontario Corrosion of Reinforcement': CRI. Light - Light rust stain on the concrete surface CR2. Medium - Exposed reinforcement with uniform light rust. Loss of reinforcing steel section less than 10% CR3. Severe - Exposed reinforcement with heavy rusting and localized pitting. Loss of reinforcing steel section between 10% and 20% CR4. Very severe - Exposed reinforcement with very heavy rusting and pitting. Loss of reinforcing steel section over 20%. Immediate remedial action': these are items that present an immediate structural and/or safety hazards (falling objects, tripping hazards, full or partial collapse, etc.). The remedial recommendations will need to be implemented immediately and may include restricting access, temporary shoring/supports or removing the hazard. Priority remedial action': these are items that do no present an immediate hazard but still require action in an expedited manner. The postponement of these items will likely result in the further degradation of the structural systems and finishes. This may include interim repairs, further investigations, etc. and are broken down into timelines as follows: 1. Short-term: it is recommended that items listed as short-term remedial action are acted on within the next 6 months (before the onset of the next winter season). 2. Medium-term: it is recommended that items listed as medium-term remedial action are acted on within the next 24 months. 3. Long-term: it is recommended that items listed as long-term remedial action are acted on within the next 5-10 years. Many of these items include recommendations of further review/investigation. Routine maintenance': these are items that can be performed as part of a regularly scheduled maintenance program. ' Adapted from "Structural Condition Assessment", 2005, American Society of Civil Engineers/Structural Engineering Institute Page 109 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix D— site Plan November 2023 MHBC 167 Page 110 of 415 W W r Ege OM z R Z kapvHN a w 66r O ^ ��//�LL'/� RD [-u -S€iE Gin e E� F W 30 LL F, u1M I F m_•� =a c= k- 210 2IDI2I213) 12139021 ,n u a;� c' c= E� m l.� lo 4 d A A NI�I IH A A A A 7-1 A, H Htmrooz�t.. A A H H 4 F, u1M I F m_•� =a c= k- c' c= E� I lo ' _ J N Z � O F � - _ Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix E—MaintenanceChecklist November 2023 MHBC 162 Page 112 of 415 628 New Dundee Road: Recommended Inspection and Maintenance Checklist Fail indicates that item being inspected is not operating or functioning adequately and needs to be addressed. Inspection: SPRING / FALL SEASON Bi- 628 New Notes/Location of damage/issue: Annual Inspection Dundee Road 1. All sump pumps functioning PASS / FAIL 2. Lights/lamps functioning (outdoor lamps, PASS / FAIL light standards, sconces) 3. Heating utilities functioning PASS / FAIL 4. Water directed away from the building (all PASS / FAIL gutters, downspouts clean & operational, sump pump lines, etc.) 5. All windows and doors remain functional PASS / FAIL 6. Check for infestations (rodents, insects, PASS / FAIL etc.) 7. Snow loads (poses danger) PASS / FAIL 8. Figure Extinguishers PASS / FAIL 9. Trees/landscaping inspected to ensure PASS / FAIL damaged trees, foliage, vines, etc. are removed 10. Masonry: check for deteriorating masonry, PASS / FAIL cracks, spalling, pitting, etc. Page 113 of 415 Conservation Plan & Commemoration Strategy 628 New Dundee Road, Kitchener ON Appendix F -Staff Bios. November 2023 MHBC 163 Page 114 of 415 Dan Currie, B.A., BES, M.A., M.C.I.P, UP, C.A.H.P Dan Currie, a Partner with MHBC, joined MHBC Planning in 2009, after having worked in various positions in the public sector since 1997 including the Director of Policy Planning for the City of Cambridge and Senior Policy Planner for the City of Waterloo. Dan provides a variety of planning services for public and private sector clients including a wide range of policy and development work. Dan has experience in a number of areas including strategic planning, growth plan policy, secondary plans, watershed plans, housing studies and downtown revitalization plans. Dan specializes in long range planning and has experience in growth plans, settlement area expansions and urban growth studies. He has provided expert planning evidence to the Local Planning Appeals Tribunal and heritage planning evidence to the Conservation Review Board. Vanessa Hicks, M.A, C.A.H.P Vanessa Hicks is an Associate and Senior Heritage Planner with MHBC. Vanessa and joined the firm after having gained experience as a Manager of Heritage Planning in the public realm where she was responsible for working with Heritage Advisory Committees in managing heritage resources, Heritage Conservation Districts, designations, special events and heritage projects. Vanessa is a full member of the Canadian Association of Heritage Professionals (CAHP) and graduated from the University of Waterloo with a Masters Degree in Planning, specializing in heritage planning and conservation. Page 115 of 415 200-540 BINGEMANS CENTRE DRIVE KITCHENER / ONTARIO /N2B3X9 / T:519.576.3650 / F:519-576-0121 / WWW.MHBCPLAN.COM III MHBC PLANNING URBAN DESIGN & LANDSCAPE ARCHITECT URE III \N'%WIqq I I low 1, Cultural Heritage Conservation Plan & -- Commemoration Strategy 628 New Dundee Road, Kitchener ON I Date: November 2023 Prepared for: Fusion Homes Prepared by: MacNaughton Hermsen Britton Clarkson Planning Limited (MHBC) F- 200-540 Bingemans Centre Drive Kitchener, ON N2B 3X9 T: 519 576 3650 F: 519 576 0121 File no: "1405 H" .f. {• 16'7 Y=; .�' - "r J i ',.� ti'N', Yyl I i� a}at 1 P s _ M H B C i _ P: 1 •!1 PLANNING g ry'� UR$AN DESIGN .^ �� yt & LANDSCAPE ARCH!TFf TIJ�EMW c . r ,: 628 New Dundee Road, Kitchener ON Table of Contents ExecutiveSummary...................................................................................................3 1.0 Introduction........................................................................................................4 1.1 Overview.........................................................................................................4 1.2 Brief Description of Proposed Development........................................................4 1.3 Brief Summary of Heritage Impact Assessment (MHBC, 2023) ............................6 1.4 Terms of Reference..........................................................................................7 2.0 Property Description............................................................................................8 2.1 Context, Landscape and Setting........................................................................8 3.0 Salvage Recommendations................................................................................10 3.1 Methodology.....................................................................................................10 3.2 Salvage Recommendations.............................................................................11 3.2.1 Salvage and Re -Use (on-site)....................................................................11 3.2.2 Salvage and Re -Use (off-site)....................................................................13 4.0 Documentation..................................................................................................15 AppendixA.............................................................................................................16 Measured Architectural Drawings.............................................................................16 AppendixB.............................................................................................................17 Photo Map and Photo Documentation.......................................................................17 AppendixC.............................................................................................................18 Terms of Reference for Photo Documentation (City of Kitchener)...............................18 AppendixD.............................................................................................................19 StaffBios................................................................................................................19 AppendixE............................................................................................................. 20 Supplementary Digital Photos (USB).........................................................................20 Page 1 of 20 Page 118 of 415 628 New Dundee Road, Kitchener ON Project Personnel Dan Currie, MA, MCIP, RPP, CAHP Vanessa Hicks, MA, CAHP Christine Fandrich Managing Director of Cultural Heritage Associate Planning Technician Senior Reviewer Review, Analysis Graphics, Maps, GIS Page 2 of 20 Page 119 of 415 628 New Dundee Road, Kitchener ON Executive Summary MHBC was retained by Fusion Homes to complete a Cultural Heritage Documentation, & Salvage Plan for the subject property located at 628 New Dundee Road. At this time of writing this document, the subject property is listed on the City of Kitchener Heritage Register and has been recommended for designation by the City of Kitchener Heritage Advisory Committee. The purpose of this report is to describe the subject property and its features in order to supplement the historic record, as per the recommendation provided in the Heritage Impact Assessment for the subject property completed by MHBC (dated July, 2023). This Report also identifies any features of the subject property which may be good candidates for salvage and re -use, as opposed to being deposited as landfill. Summary of Recommendations The contents of this report includes photographs and measured drawings which and are considered appropriate in terms of documentation of the site. It is recommended that these records be retained by the City in order to supplement the historic record. The following provides a list of items recommended for salvage for commemoration purposes on-site: • Selection of wood beams and timbers at the interior of the barn (as described in this report), where in good condition; • Selection of field stones; and • Surplus yellow bricks. These items are recommended for salvage and re -use on-site as part of the following: • Entry feature; and • Interpretive Panel post and base. The vast majority of barn elements will be carefully deconstructed and set-aside for re- use by the current tenants of the subject property in an alternative location so that a new accessory structure can be constructed. Page 3 of 20 Page 120 of 415 628 New Dundee Road, Kitchener ON 1.0 Introduction 1.1 Overview This Documentation & Salvage Plan has been prepared for the subject property located at 628 New Dundee Road. The proposed development includes the re -location of the existing dwelling located on-site so that it can be incorporated into the development proposal. The aforementioned building has been identified as being of cultural heritage value or interest (CHVI) in the Heritage Impact Assessment (HIA) prepared by MHBC (dated July 2023). 1.2 Brief Description of Proposed Development The proposed development concept includes retaining the existing dwelling and re- locating it approximately 50 metres to the south-west corner of the site and placed on a new foundation. The building is proposed for continued residential use on a portion of land which is proposed to be dedicated to the sole use of the owner and resident(s) of the dwelling through the Condo's declaration (see black outline on Figure 1). The contemporary additions to the building which are not of Cultural Heritage Value or Interest are proposed for removal. This includes the removal of sections ""C", "D", "E", and "F„ Page 4 of 20 Page 121 of 415 628 New Dundee Road, Kitchener ON r f ..- .. j ° IF Figure 1: Aerial image of existing dwelling, noting the contemporary additions to the dwelling which are proposed for removal (shaded in red). Elevations which may require alteration following the removal of contemporary additions noted with dashed black line. (Source: MHBC, 2023) Page 5 of 20 Page 122 of 415 628 New Dundee Road, Kitchener ON Figure 2: Proposed Plan of Subdivision. Location of existing dwelling shaded in red. Outline of lands proposed to be dedicated to the sole use of the owner and resident(s) through the Condo's declaration with black dashed line. (Source: Turner Fleischer Architects Inc., 2023) 1.3 Brief Summary of Heritage Impact Assessment (MHBC, 2023) MHBC completed a Heritage Impact Assessment (HIA) for the subject lands in 2023. The purpose of the HIA was a) to evaluate whether or not the property met the legislated criteria for determining Cultural Heritage Value or Interest (CHVI) and b) determine whether or not the proposed development results in adverse impacts to cultural heritage resources. The HIA ultimately concluded that the proposed development would result in a range of impacts to identified heritage resources from beneficial to adverse. The HIA included the following mitigation recommendations: • That the barn, outbuilding and dwelling be documented; • The barn is proposed to be dismantled and materials adaptively re -used by the current tenants in a new location. Should the barn not be re -used by the Page 6 of 20 Page 123 of 415 628 New Dundee Road, Kitchener ON prospective third party, that the barn be made available to other interested parties so that it could be re -used as opposed to being deposited as landfill; • That select materials (i.e. beams) of the barn be retained as commemoration/interpretive features on-site within the amenity area (i.e. benches, landscaping, etc.); • That a Conservation Plan for the dwelling be completed as a condition of Site Plan Approval in order to outline the proposed alterations to the building, and provide recommendations to ensure the work is consistent with best practices for the conservation of cultural heritage resources; and • That an Interpretation Plan be completed which will provide the draft text/images and layout of an interpretive panel to be installed within the amenity area. 1.4 Terms of Reference This report has been drafted as per the terms of reference for Documentation and Salvage Reports for the City of Kitchener (See Appendix B). As such, this report contains the following information: • Introduction; • Salvage and Documentation; • Context and Property Description • Documentation of the site; • Salvage Plan (including an inventory); • Methodology; • Reuse Recommendations; and • Qualifications. Page 7 of 20 Page 124 of 415 628 New Dundee Road, Kitchener ON 2mOProperty Description 2.1 Context, Landscape and Setting The subject lands which are subject to the development proposal includes the properties located at a) 628 New Dundee Road, and b) the property legally described as Block 111, Plan 58m528 (i.e. the lot located east of the subject property). Note that these two properties have since merged and are referred to in this report as 628 New Dundee Road. Figure 3: Aerial photo noting the location of the subject property at 628 New Dundee Road, outlined in red. Adjacent lot which is part of the proposed development outlined with blue dashed line. (Source: MHBC, 2023) The property at 628 New Dundee Road is located on the north side of New Dundee Road, west of Robert Ferrie Drive, south of Blair Creek Drive. The subject property is situated west of Highway 401 within an area which is predominantly low density residential, with agricultural uses south of New Dundee Road. This HIA focuses on the property at 628 New Dundee Road given that it has been identified by the City of Kitchener as having potential Cultural Heritage Value or Interest. Page 8 of 20 Page 125 of 415 628 New Dundee Road, Kitchener ON Heritage -Intend to Designate Heritage -Listed Properties Heritage - PartlV Designation f Heritage - PartV (District) Designation vCJ Heritage - Part IV and V Designation GSXf EK pR � y 'd• ®k4I"?eRFF,S R1P�µP�yµt gZ C' 00 "A 000i r''Pti R YO G Figure 4: Excerpt of the City of Kitchener Interactive Map (Heritage Layer) noting the property at 628 New Dundee Road as "listed" (prior to merging with adjacent property). Approximate boundary of the subject property outlined in red. Location of 508 New Dundee Road outlined in black (designated Part IV) (Source: City of Kitchener Interactive Map, accessed 2022). Page 9 of 20 Page 126 of 415 628 New Dundee Road, Kitchener ON 3mOSalvage Recommendations 3.1 Methodology The following sub -sections of this report provide recommendations as it relates to salvaging items on-site. Items can be salvaged for a range of purposes. In order to provide clarification regarding the items chosen for salvage, the following provides a criteria for items as it relates to a) their cultural heritage value, and b) their intended purpose. These recommendations include three separate categories of salvaged items as follows: A. Heritage Value - Items which are determined to be of significant cultura heritage value and should be retained for purposes related to commemoration/interpretation; and • The item/materia//element has design1physical value as being either rare, unique, or representative of a style, expression, or construction method, • Element or feature displays a high degree of craftsmanship, artistic merit, or scientific achievement; • Is a featur%lement or sample of a featur%lement which may form a part of the commemoration of the structures or properties. B. Modest Heritage Value - Items which are representative of an architectura style or period, which would be best suited for re -use in the same or similar capacity; • Does not demonstrate significant cultural heritage value • The item/material/element is of a fair/good condition which may be reasonably extracted for re -use; • The item/material element is not significant in relation to the future commemoration/interpretation of the house. C. No Heritage Value - Items which do not have design/physical value or are not associated with a style of architecture or period, but could be salvaged and made available for re -use as opposed to being deposited as landfill. Page 10 of 20 Page 127 of 415 628 New Dundee Road, Kitchener ON 3.2 Salvage Recommendations 3.2.1 Salvage and Re -Use (on-site) The following provides a list of items which are proposed to be salvaged as it relates to the proposed development on-site. Note that components of the barn will also be salvaged by the current tenants of the subject property so that they can construct a new structure in the future utilizing salvaged elements. The following list indicates the category and criteria of salvaged elements for re -use on- site: Item Wood Timbers and Beams Loose Field Stones Surplus Bricks Quantity Cate- Location Photo _gory Selection (as needed, B Barn Interior based on condition) Selection (as North-East needed, B corner of Barn, based on Exterior condition) 1 B Stored in Barn interior Wood Timbers and Beams Beams and timbers available for salvage and re -use on site include hand-hewn timbers which are of varying sizes and dimensions, but are generally 7-10" x 6-10" and are 15ft. to 20ft. long (See Figures 4 & 5). Page 11 of 20 Page 128 of 415 628 New Dundee Road, Kitchener ON 4® 4 B 1 .4 � 1 i 1 M \ • I Y Figures 4 & 5: View of hewn timbers located at the interior of the barn (Source: MHBC, 2023) Only those timbers which are in good condition are able to be incorporated into a commemorative feature. Those items which are irreparable due to fire, rot, infestation, etc. should not be utilized (example of damaged beam in Figure 5). Figures 6 & 7: Dimensions of typical timbers within the barn, (Source Loose Field Stones : MHBC, 2023) The north-east corner of the barn includes a pile of loose field stones. These stones were likely gathered to create a bank for the barn or were rolled into place when removed from fields and gardens. These stones could be utilized on-site more successfully than existing stones which are integrated into mortar and cement within the barn foundation. A selection of these field stones can be utilized on-site for use as part of a base for the interpretive panel within the proposed amenity area. Page 12 of 20 Page 129 of 415 628 New Dundee Road, Kitchener ON Figures 8 & 9: Location of loose field stones at the north-east corner of the barn (Source: MHBC, 2023) Surplus Bricks A small pile of surplus bricks were located within the barn. It could not be conclusively determined whether or not these bricks were originally used in the construction of the original portion of the dwelling or the rear summer kitchen. It is recommended that these bricks be salvaged and utilized (where possible) depending on their condition, to replace damaged bricks on the dwelling. All materials are recommended to be stored, as follows: • Prepare skids and areas on-site where materials can be stored off the ground and covered with tarps and straps in order to provide protection from the elements; and • Regularly inspect the elements so that their condition is monitored. 3.2.2 Salvage and Re -Use (off-site) The vast majority of barn timbers and beams are proposed to be salvaged and utilized at an alternative location off-site by the current tenants (former owners) of the property to construct a new accessory building. The following provides recommendations to ensure that salvage is undertaken carefully: • Disassemble the barn with a qualified and experienced demolition expert in order to conserve as many barn materials in -tact (i.e. without splitting beams and posts); Page 13 of 20 Page 130 of 415 628 New Dundee Road, Kitchener ON • Prepare skids and areas on-site where the beams and posts can be stored off the ground and covered with tarps and straps in order to provide protection from the elements; • Regularly inspect the elements so that their condition is monitored; • Re -locate the elements safely to the new storage site and continue to stack and store them on skids and covered with tarps and straps until they are re -used. Page 14 of 20 Page 131 of 415 628 New Dundee Road, Kitchener ON 4nO Documentation The purpose of documentation of the site is to supplement the historic record with information which is related to cultural heritage. The documentation of features located on the subject property is a common method of mitigation where heritage fabric is being removed, dismantled, relocated, or otherwise. The documentation of the site includes those features which were identified in the Heritage Impact Assessment completed by MHBC and is limited to the existing barn (proposed for removal), and dwelling (proposed to be re -located on-site). Appendix A provides measured architectural drawings of the dwelling and barn. Appendix B provides a photo map and detailed photographs of the barn and dwelling. Page 15 of 20 Page 132 of 415 628 New Dundee Road, Kitchener ON Appendix A Measured Architectural Drawings a. Dwelling b. Barn Page 16 of 20 Page 133 of 415 Lu > °� � E 2 in-_� U OYU O� w mM E z 2z CN o D U N C (n p (6 Qj N O 7 LL N O m p1 O Q U E i LO 3N Z rn D N (7 OC O ULA a- E LU AA W A� W z co N CD r0 LJ a ti N N M N O N O N N w /W CW G W O Z ry a W 4- K.� C.9 -,9Z1 W W Z� o N L�L'`//� '.WNW rc a DN a&.L�R gt�Wegags 1 nLU O oQ m I.. .6 °MBH[ LL 3 SSR§Ye®?¢ _ ry a ---------------- I L II L L W 4- K.� C.9 -,9Z1 ---------------- I L II L L .. 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II Jr N W = C N C E J y 0 U E Q = .� W Z 500 I M W T w U LJZ 5 0 N LL N - _ w o in o` 0 Z c U) 0 Z O w H o 0 w LU J LU Z_ J_ m 0 5 z 0 Q z LU FV 0 J z 0 ry 0 0 j N `0 / V♦ tll o W = o C Em y J v 0 D v E Q x _ z Z U M Z 500 I 5 W T — w _ U 0 N LL N LJ w o U) Z O H a W J W Z_ J_ m 3 z O Q z LU FV O J z ry 0 628 New Dundee Road, Kitchener ON Appendix B Photo Map and Photo Documentation Page 17 of 20 Page 142 of 415 1 ' ; �' � �" +� `tip �'. - "_ '_°t; _ * -. • - 7 Q) is y Q) is z O c c O O c 0 0 0- E E v c O V c c N O c O ruu N N LL LO 0 (D c� M 4- 0 LO a� N O a V m S u O ru ruN N c O O c O c_- 0 O ruu N N Q) N O _N +� L c 2 LO 4- 0 m a� c� a a T LL Oil v - 0 N Q) Q) Ln r N L LL LO 4- 0 ti a� c6 ru 0 w Q� Q) c I 0 Q� z 00 N O 'i d7 x W 2W 0 v 0 N U C— m m N E E LL LO 4- 0 co a� c6 ru O w Q� Q� i I 0 z 00 N L �L x W Er. 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W Q ru v 0 0 v u O c Q) c c Q) O O C- Q O E O u u U _O N E X O Q Q C O c ru ru O cr Q) Q) c C) Q) Q) z 00 N Q) 0- 2 O CD - Q) v 4- O Q O O Q � m N Q O N Q) 7 v LO 0 co LO (D 0) cU a LO 4- 0 rn LO (1) c� a N L 7 p1 LL O O c ■ T ru v 0 v 00 n N 7 LL LO 4- 0 0 m (1) c� a fD 0 Q) 0 z 00 N i O a.+ U) a.+ L ■O H L M� W S H W N L 7 p1 Apppw— LL r LO 4- 0 m (1) c� a P/ ld. • . Im LO 4- 0 N N LO 0 m fu c� a ru 0 w c I r> Z 00 N L U L �L H L M� W m N O N LL LO 4- 0 m (1) c� a LO 4- 0 LO m (1) c� a L a N 7 LL LO 4- 0 m m (1) c� a m GJ i 7 LL LO 4- 0 ti m (1) c� a C O O 628 New Dundee Road, Kitchener ON Appendix C Terms of Reference for Photo Documentation (City of Kitchener) Page 18 of 20 Page 168 of 415 DEVELOPMENT & TECHNICAL SERVICES DEPARTMENT PLANNING DIVISION City Hall, P.O. Box 1118 200 King Street West Kitchener, Ontario Canada, N2G 4G7 PHONE: (519) 741-2426 FAX: (519) 741-2624 TDD\TYY: (519) 741-2385 Photographic Documentation / Recording Guidelines The organization of views are from views of the overall building to the closer views of architectural elements and details moving in a counterclockwise fashion. Each side of the property is photographed from the overall view, such as elevation, to detailed views in the zoom lens manner of looking at a property. When framing the building in the viewfinder, ensure that the entire building is visible including the point where the building meets the ground and the peak of the roof or chimney. As the subject of the photograph, the building should occupy about 75 percent of the picture area, leaving the surrounding 25 percent of the frame for visual information about the context of the building. Architectural photographs are of two general types: perspective photographs and elevation photographs. A perspective photograph is one that shows two sides of a structure taken at a 45 -degree angle thereby documenting its characteristics as a three- dimensional form including size and volume. (In a perspective photograph, the structure should fill about 75 percent of the frame, thereby including some environmental context.) An elevation photograph approximates an elevation architectural drawing and is a photograph of one side of a structure taken head on. An elevation is a drawing to scale of the side, front, or rear of a building in which projecting features such as window and door moldings, window sills, steps, and eaves are all rendered as if they were totally flat. The emphasis on one side of a building as two-dimensional surface makes an elevation photograph more axiomatically correct. This means that distances on the photograph are proportional to distances on the building, and approximate measurements can be taken from the photograph. (In elevation photographs, the structure should fill the frame, isolating it from its surroundings.) Elevation photographs provide the best documentation of shape and proportion of a building while perspective photographs best depict the three-dimensional form of a structure. Page 169 of 415 Perspective Elevation There are three types of light for exteriors; front light, sidelight, and backlight. The best lighting is front light when the sun is approximately 45 degrees between the axis of the lens and the most important fagade being photographed. (See Figure 4) Acutely angled raking light is "side -light" which is excellent for revealing texture and detailed three- dimensional form. Of these, you should avoid BACK LIGHT where the sun is coming from the rear putting the side being photographed in shadow. When an important feature is in the shade or a fagade is backlit, you can be partially correct this by filling the frame with the feature being photographed to reduce the contrast in the scene. In situations of direct sunlight on a cloudless day, you should be aware of shadows cast on buildings by surrounding trees and try to pick times of the day when the angle of the sun minimizes these shadows. Also, the time from late morning to early afternoon, when the sun is directly overhead, can cause "eaves" or "cornice" shadows that will cover half of a wall. In other words, when the sun is directly overhead, the projection of the roof over the walls can create a shadow far down the wall. The best lighting for survey photography is a bright overcast day. Required Photographs Context Contextual image showing property in relation to neighbouring properties and/or streetscape Perspective Perspective view of front and right side Perspective view of rear and left side Page 170 of 415 Front side Elevation of front fagade Elevation or perspective of front entrance Perspective or elevation views of architectural elements such as porches or windows Details of materials, hardware and/or decoration Right side Elevation of front fagade Perspective or elevation views of architectural elements such as porches or windows Details of materials, hardware and/or decoration Rear Elevation of rear Perspective or elevation views of architectural elements such as porches or windows Details of materials, hardware and/or decoration Left side Elevation of left side Perspective or elevation views of architectural elements such as porches or windows Details of materials, hardware, and/or decoration The following interior photographs should be taken (assuming it is deemed safe to enter the building): A view from the main entrance looking to the interior of the building. Views of major spaces/rooms including important features such fireplace or mantle (for large spaces such as sanctuaries, factories or barns take diagonal views from opposite corners) Other significant rooms or features as considered relevant to documenting the structure. Deliverables It is essential to organize your documentation and maintain a list of captions of all your digital images. We would request that you provide a photo index, numbering and identifying each image in the sequence in which they were taken. All images should be saved as jpegs and burned to CD. Page 171 of 415 628 New Dundee Road, Kitchener ON Appendix D Staff Bios. Page 19 of 20 Page 172 of 415 Dan Currie, B.A., B.E.S. M.A., M.C.I.P, R.P.P. C.A.H.P Dan Currie, a Partner with MHBC, joined MHBC Planning in 2009, after having worked in various positions in the public sector since 1997 including the Director of Policy Planning for the City of Cambridge and Senior Policy Planner for the City of Waterloo. Dan provides a variety of planning services for public and private sector clients including a wide range of policy and development work. Dan has experience in a number of areas including strategic planning, growth plan policy, secondary plans, watershed plans, housing studies and downtown revitalization plans. Dan specializes in long range planning and has experience in growth plans, settlement area expansions and urban growth studies. He has provided expert planning evidence to the Local Planning Appeals Tribunal and heritage planning evidence to the Conservation Review Board. Vanessa Hicks, M.A. C.A. H . P Vanessa Hicks is an Associate and Senior Heritage Planner with MHBC. Vanessa and joined the firm after having gained experience as a Manager of Heritage Planning in the public realm where she was responsible for working with Heritage Advisory Committees in managing heritage resources, Heritage Conservation Districts, designations, special events and heritage projects. Vanessa is a full member of the Canadian Association of Heritage Professionals (CAHP) and graduated from the University of Waterloo with a Masters Degree in Planning, specializing in heritage planning and conservation. Christine Fandrich, CPT, Dip. GIS & Urban Planning, BA Christine joined the Kitchener office in 2022 bringing a range of technical and creative skills from the municipal and provincial levels of the public sector. She specializes in Geographic Information Systems (GIS) analysis/mapping. She also provides graphical and technical design and drafting services to both private and public sector clients. Christine received her Geographic Information Systems (GIS) and Urban Planning Diploma from Fanshawe College in 2021, a GIS Certificate from Fanshawe in 2015, and her Honours Bachelor of Arts with a Minor in GIS from McMaster University in 2012. Christine is a full member of the Canadian Association of Certified Planning Technicians. Page 173 of 415 628 New Dundee Road, Kitchener ON Appendix E Supplementary Digital Photos (USB) Page 20 of 20 Page 174 of 415 200-540 BINGEMANS CENTRE DRIVE KITCHENER / ONTARIO /N2B3X9 / T:519.576.3650 / F:519-576-0121 / WWW.MHBCPLAN.COM III MHBC PLANNING URBAN DESIGN & LANDSCAPE ARCHITECTURE Staff Report Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director, Housing and Development Approvals 519-741-2200 ext. 7070 PREPARED BY: Victoria Grohn, Heritage Planner, 519-741-2200 ext. 7041 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: December 7, 2023 REPORT NO.: DSD -2024-008 SUBJECT: H PA -2023 -IV -030 149-151 Ontario Street North & 21 Weber Street West Partial Demolition with Retention of Fagades and New Construction of a 27 -storey Mixed -Use Tower RECOMMENDATION: That pursuant to Sections 30(2), 33, and 34 of the Ontario Heritage Act, Heritage Permit Application HPA-2023-IV-030 be approved to permit: 1. The partial demolition excluding the front (west) and south facades and the alteration of the roof, bay windows, brick quoining, door openings with transoms, and chimney on the property municipally addressed as 149-151 Ontario Street North; and 2. The new construction of a 27 -storey mixed-use tower on the property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West, subject to the following conditions: a) That the final Heritage Impact Assessment and Conservation Plan be submitted and approved by the Director of Housing and Development Approvals prior to the issuance of a Heritage Permit; b) That a final Temporary Protection Plan, including a Demolition and Stabilization Plan, Structural Assessment Report, and Risk Management Plan, be submitted to the satisfaction of the City's Manager of Development Applications and the City's Heritage Planner prior to the issuance of a Heritage Permit; c) That a final Documentation and Salvage Plan be submitted to the satisfaction of the City's Manager of Development Applications and the City's Heritage Planner prior to the issuance of a Heritage Permit; d) That the Demolition Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Demolition Permit; and *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 176 of 415 e) That the Building Permit be reviewed and heritage clearance provided by Heritage Planning staff prior to the issuance of a Building Permit. REPORT HIGHLIGHTS: • The purpose of this report is to present the proposed redevelopment of the subject property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West. The redevelopment includes the retention of the front (west) fagade and a portion of the south facade into a new 27 -storey mixed-use tower. • The key finding of this report is that though partial demolition of the building is proposed, the front fagade of the existing residential building and the majority of its identified heritage attributes will be retained. • There are no financial implications. • Community engagement included consultation with the Heritage Kitchener committee. • This report supports the delivery of core services. EXECUTIVE SUMMARY: Heritage Permit Application HPA-2023-IV-030 proposes the partial demolition of the existing residential building and the retention of the front (west) and portion of the south fagades into a 27 -storey mixed-use tower on the property municipally addressed as 149-151 Ontario Street North and 21 Weber Street West. The property municipally addressed as 149-151 Ontario Street North is currently listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. A Notice of Intention to Designate was passed by Council on December 11, 2023, though a designation by-law has not yet been passed. A draft Heritage Impact Assessment (HIA) was completed as part of the Site Plan application for this proposed development, and the front (west) and portion of the south facades was identified as encompassing the heritage attributes. As such, and in combination with the recommendations outlined in the HIA, conservation of the majority of the heritage attributes will be achieved through the construction of this proposed development. The recommendations of the HIA included the preparation of key documents, which have been provided to Heritage Planning staff and are summarized in the report below. BACKGROUND: The Development Services Department is in receipt of Heritage Permit Application HPA- 2023-IV-030, which seeks permission for the partial demolition of the building on the property municipally addressed as 149-151 Ontario Street North while retaining the front facade and portion of the south facades. The retained facades are proposed to be incorporated into a 27 -storey mixed-use tower. The proposal is part of a Site Plan application (SP22/041/0/ES), which also encompasses the property municipally addressed as 21 Weber Street West. Page 177 of 415 SiA NraY5 / Figure 1: Location Map of 149-151 Ontario Street North and 21 Weber Street West The subject property is located on the east side of Ontario Street North between Weber Street West and Duke Street West. The property municipally addressed as 149-151 Ontario Street North contains a 2 -storey, semi-detached brick building, constructed in the Italianate architectural style with modest Georgian influences. The building that existed on 21 Weber Street West was demolished in the summer of 2023. The property municipally addressed as 149-151 Ontario Street North is listed as a non- designated property of cultural heritage value or interest on the City's Municipal Heritage Register. A motion to publish a Notice of Intention to Designate 149-151 Ontario Street North under Part IV of the Ontario Heritage Act was passed by Council on December 11, 2023. Council resolved: That pursuant to Section 29 of the Ontario Heritage Act, the Clerk be directed to publish a Notice of Intention to Designate the property municipally addressed as 149-151 Ontario Street North as being of cultural heritage value or interest as outlined in Development Services Department report DSD -2023-478. The Notice of Intention to Designate was published in The Record on December 15, 2023. A designating by-law has not yet been passed by Council. However, there is a Site Plan condition that requires Council to pass a designating by-law under Part IV of the Ontario Heritage Act prior to any demolition, grading, or construction activities on site. The building is recognized for its design/physical and historical/associative values. Table 1: Designation Criteria under Ontario Regulation 9/06 (amended by 385/21) Criteria Criteria Met (Yes/No) 1. The property has design value or physical value because Yes it is a rare, unique, representative or early example of a style, type, material, or construction method. Page 178 of 415 Criteria Criteria Met (Yes/No) 2. The property has design value or physical value because No it displays a high degree of craftsmanship or artistic merit. 3. The property has design or physical value because it No demonstrates a high degree of technical or scientific achievement. 4. The property has historical value or associative value Yes because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. 5. The property has historical or associative value because No it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. 6. The property has historical value or associative value No because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 7. The property has contextual value because it is No important in defining, maintaining or supporting the character of an area. 8. The property has contextual value because it is No physically, functionally, visually, or historically linked to its surroundings. 9. The property has contextual value because it is a No landmark. The heritage attributes that contribute to the property's cultural heritage value or interest include: • Buff brick construction • Symmetrical plan with two bay windows • Side gable roof and overhanging eaves • Wood brackets • Brick quoining • Segmentally arched window openings • Brick voussoirs with drop mold • Front door opening with transoms • Two brick chimneys It should be noted that while the Statement of Significance prepared with the Notice of Intention to Designate included the above -noted heritage attributes, it is anticipated that the designating by-law will include a more refined list of heritage attributes based on the proposed development concept. Several of the above -noted heritage attributes are proposed to be removed in order to incorporate the heritage resource into the proposed tower, including the side gable roof with overhanging eaves and one of the brick chimneys. Additional analysis of the removal of these heritage attributes is discussed in the following report sections. Further, it should be noted that in April 2022, a fire broke out on the second Page 179 of 415 storey of the existing building at 149-151 Ontario Street North and damaged the roof, interior walls and floors. REPORT: Proposed Development The proposed development encompasses the lands municipally addressed as 149-151 Ontario Street North and 21 Weber Street West. The property municipally addressed as 149-151 Ontario Street North is currently listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register. The front facade and portion of the south fagades of the 2 -storey building on this property is to be retained and incorporated into the 27 -storey mixed-use tower proposed for the subject lands. The mixed- use building will accommodate four commercial units and 206 residential units. na�urt Figures 2 & 3: Renderings of the proposed development Several attributes of the heritage resource are proposed to be removed in order to facilitate the incorporation of the front and side facades into the new development. These attributes include one of the brick chimneys, the fire damaged roof, and the roof of each bay window along the front fagade. While the existing window and door openings are to be retained, the Page 180 of 415 windows and doors will be replaced with non-combustible replicas to match the existing windows and doors. The tower will be constructed with a combination of brown, light, and dark grey pre -cast and cast -in-place concrete, metal siding, and aluminum and glass incorporated into the main entrance. The proposed tower is compatible with, yet distinguishable from, the heritage resource. ,Irk. III I I i i i� i I I I I I I I I I t� �- lel ENLARGE[) WEST ELEVATION @ 4TH FLOOR �_ �.a I I I I � IIS I I I I I I I II I ===qI I I l ==F= i ..�.....rd IT 4 ENLARGE[) SOUTH ELEVATION ® 4TH FLOOR Figures 4 & 5: Enlarged elevations of heritage details As part of the conditional Site Plan approval letter, a number of heritage conditions were included to ensure the appropriate conservation and integration of the existing building at 149-151 Ontario Street North into the new development. One of the conditions was the submission of heritage permit applications for the demolition of portions of the existing building, the construction of the new mixed-use tower, and alterations to the existing facade and return of the existing building. The subject heritage permit application addresses the demolition, new construction and alteration. The following supporting documents have also been submitted to address the heritage -related conditions of conditional Site Plan approval: • Heritage Impact Assessment (HIA) for 149-151 Ontario Street North-, • Conservation Plan (CP) for 149-151 Ontario Street North-, Page 181 of 415 • Temporary Protection Plan, including a Demolition and Stabilization Plan, Structural Assessment Report, and Risk Management Plan; and • Salvage and Documentation Plan. These documents are still in draft form and have not yet been approved by the Director, Housing and Development Approvals and/or been finally reviewed by City staff. Draft Heritage Impact Assessment A draft HIA was prepared by LHC Heritage Planning & Archaeology Inc., dated September 15, 2023 and revised November 24, 2023. The draft HIA, which was reviewed by the City's Heritage Kitchener committee at its February 7, 2023 meeting, establishes that the existing building at 149-151 Ontario Street North is a significant cultural heritage resource and meets two of the criteria for heritage designation under Part IV of the Ontario Heritage Act. The HIA considered seven different mitigation and conservation strategies as it relates to a range of alternative development options. These options range from `do-nothing' and retention in-situ to complete demolition and redevelopment. Based on the assessment contained within the draft HIA, Option 5: Partial Demolition, Retention in situ and Integration into Proposed Development is identified as the preferred option from a heritage conservation perspective. This option is preferred as it allows for the development of the property while partially conserving the existing heritage building and the majority of the identified attributes. The HIA notes that this option will visually have a similar effect on the streetscape to a previous design iteration which considered the full retention of the existing building. The draft HIA included an option to partially demolish and reconstruct the fagades to be integrated into the tower development. However, upon further assessment of this option, it was determined that this would negatively impact the heritage integrity of the existing resource. Full retention was pursued and found not to be viable due to engineering constraints on the site. The draft HIA provides an analysis of the impacts of the proposed development on the identified heritage attributes of 149-151 Ontario Street North, as per the Ministry of Heritage, Sport, Tourism, and Culture Industries' Info Sheet #5 Heritage Impact Assessments and Conservation Plans. A summary of the proposed impacts are noted below and a full assessment of the proposed impacts as outlined in the draft HIA is included in Attachment B of this report. Table 2: Analvsis of Imoacts Impact Potential Impact Analysis Destruction Yes The front (west) fagade and south fagade is to be incorporated into the development, however the remainder of the building, including the roof, some brick quoining, select segmentally arched window openings, select brick voussoirs, and one of the chimneys is proposed for demolition Alteration Yes The front door openings with transoms are proposed to be removed and replicated with non-combustible materials. Page 182 of 415 Impact Potential Analysis Impact One of the south elevation windows is proposed to accommodate a mail room door which will alter the base of the opening Shadows No The proposed development will not cast shadows that will impact the identified heritage attributes. Isolation of a No The proposed development will not isolate heritage attribute identified heritage attributes. Direct or indirect No No significant views or vistas are identified as obstruction heritage attributes. The proposed development will not fully or significantly obstruct identified heritage attributes. A change in land N/A use In addition to an analysis of the identified heritage attributes, the HIA also considered the obstruction of views as it relates to the support columns incorporated into the tower design and general views of the Ontario and Weber Street facades. No significant views or vistas were identified as heritage attributes. The HIA notes that although the columns will be visible along the front and south elevation of the existing building, the fagade will remain visible and the new building will not fully or significantly obstruct heritage attributes and the overall form of the brick fagade will remain legible. The HIA recognizes that the proposed development will result in the full or partial removal of several heritage attributes and notes that the materials and design of the proposed tower are compatible with the buff brick masonry and retains a sense of the side gable form of the integrated facades. The HIA concludes that the tower will not obstruct significant views, it will not fully obstruct individual heritage attributes, or obstruct views in a manner that affects legibility of the retained attributes. Additionally, the proposal will not isolate or cast shadows that will impact the viability of heritage attributes. The HIA makes the following recommendations to mitigate the impacts of the proposed development: • Recommendations in the Conservation Plan and Masonry Evaluation Report should be followed closely; • Non-combustible replacement windows should be selected based on their compatibility with the retained facades and/or match existing; • Design of the new concrete porch should be compatible with and subordinate to the existing fagade; • To the extent possible portions of the building that are removed should be salvaged for reuse in other areas of the new development or elsewhere; • It is recommended that a Salvage and Documentation Plan be prepared prior to any deconstruction activities including measured elevations and a record set of photographs to compare pre- and post -construction conditions; Page 183 of 415 All removals/demolition of the existing structure should be carried out under the direction of a professional engineer with demonstrated experience working with heritage buildings; and An interpretive plaque is recommended to be erected onsite to provide a history of the site. Draft Conservation Plan A draft CP, prepared by MTE Consultants Inc. and dated September 19, 2023, revised October 11, 2023 was submitted to the City. The CP details a condition survey of the existing facade at 149-151 Ontario Street North and provides guidance for the stabilization and removals during construction, as well as guidance on repairs and long-term maintenance of the fagade following construction. The intent of the CP is to detail the necessary measures to protect and shore the front and partial right fagade of the existing heritage building in place during construction of the proposed tower, and incorporate these facades into the new development. The CP also includes the identification of short-term, medium-term, and long- term conservation measures that need to be undertaken to ensure the heritage value of the retained facades of the building at 149-151 Ontario Street North are conserved. These measures are summarized in the table below. Table 3: Summary of Conservation Measures Conservation Measure Type Measure Short-term There is no need for immediate repair or stabilization of the heritage attributes. Medium-term Shoring and demolition work as outlined in the Demolition and Stabilization Plan. Salvage and retention of heritage attributes as outlined in the Salvage and Documentation Plan. Long-term The heritage mason shall provide the owner with a maintenance manual for the continued upkeep of the facades. The brick work shall be inspected by a heritage mason at intervals of five years and mortar joints shall be repointed and repairs made as recommended. Masonry Evaluation Report A Masonry Evaluation Report is included as an Appendix to the CP. This report provides an assessment of the current condition of the existing heritage building, particularly as it relates to the existing brick masonry. This masonry evaluation was undertaken to assist in understanding the brick masonry restoration work involved for maintaining the front (west) and south fagades in place. The report concludes that the bricks and mortar of the existing heritage building are in fair to good condition for the majority of the exterior. The report also provides recommendations as it relates to the removal process of the bricks, the design of Page 184 of 415 the new wall assembly to consider moisture concerns, and optional measures to temporarily address areas with loose bricks. Temporary Protection Plan A draft Temporary Protection Plan (TPP), prepared by MTE Consultants Inc. and dated November 23, 2023 was submitted to the City. The TPP details how the identified heritage attributes of the existing heritage building will be preserved and maintained through the construction of the proposed development. The existing front (west) and south facades will be incorporated into the new development and stabilized by the new structure. The proposed development requires new foundations that will be below the elevation of the existing building foundations. To facilitate the support of the retained front (west) and south facades of the heritage building, a two-stage process is required including the shoring and underpinning of the facades followed by the installation and removal of helical piles. The facades of the heritage building are recommended to be wrapped in hoarding consisting of layers of extruded polystyrene insulation encased in waterproofed plywood sheathing. This is further detailed in Attachment C to this report. Demolition & Stabilization Plan The Demolition and Stabilization Plan (DSP) is included within the report prepared by MTE Consultants Inc., dated November 23, 2023. While the proposed development presents engineering challenges, the DSP details the stabilization works required prior to the removal of any portions of the heritage resource. This includes concrete underpinning and the installation of perimeter earth retention shoring using augured and grouted soldier piles or drilled caissons. New building foundations are to be installed along a two -metre strip running parallel to the existing facade foundations. These foundations are designed to support both the temporary fagade supports and the final building loads. Shoring towers are to be erected on top of the new building foundations and the existing brick fagade shall be tied back to the shoring towers. The partial demolition of the existing building can occur with the removal of all of the superstructure leaving the remaining fagade and the existing foundations. OETAI L 53 STRUCTUIE TIES TO SHORING TOV RS s �E jFl ICK .3iaWCEMENT uAV IL __ �I II I ealcx Ta eE aEMavec �r mpRiae anis a. k a Tcrlm uaoN aEMovAL) D ETAI L BRICK REMMAL Page 185 of 415 DETAIL `/ IT E -L DETAIL PARAPET PROTEGTI�N Figures 6-9: Demolition and Stabilization Plan details A helical pile support system will be installed supporting the fagade at the level of the bottom of the existing brick. The support system will be designed to support full weight of the brick fagade and shall be braced to the shoring tower. The remainder of the site will then be excavated and the new building's foundations shall be constructed. The helical pile support system will be cut and removed and construction of the new tower will commence up to the level of the third floor. The brick fagade will then be tied back to the new building structure. The shoring towers can then be removed and the construction of the remainder of the tower can continue. The brick protection shall remain in place for the duration of construction. DETAIL PARAPET PROTECTION E:.N- L.... E A. -u I-,�nwuous ex;�Es f III. I I I I I I II I I I I I II DETAIL EHJ`.-.TIE= -LL TIE INTO NEW STRUCTURE �..s Figures 10 & 11: Demolition and Stabilization Plan details Structural Assessment Report The Structural Assessment Report is included within the report prepared by MTE Consultants Inc., dated November 23, 2023. The DSP outlines the means and methods to safely remove the existing heritage building to avoid causing damage to the remaining front (west) and south facades. The Masonry Evaluation Report included within the CP provides evidence that the existing condition of the brick is sound enough so as not to cause further deterioration. By way of assessment included in the Masonry Evaluation Report and read in conjunction with the DSP, it is concluded that the overall plan is structurally adequate to maintain the fagades of the heritage resource on the property. Page 186 of 415 Risk Management Plan The Risk Management Plan is included within the report prepared by MTE Consultants Inc., dated November 23, 2023. The DSP has been developed to minimize vibration and further mitigation measures are outlined below: • Earth retention shoring shall be designed using drilled or augured piles such that pile driving is not required; • Temporary building shoring shall utilize helical screw piles such that pile driving is not required; • New foundations consist of a raft footing on native soil to minimize the need for vibratory compaction of soil; and • The majority of the tower is constructed using pre -cast concrete where fabrication takes place off site. Salvage & Documentation Plan Masri O Architects prepared and submitted a draft Salvage and Documentation Plan, dated November 2023.This plan provides a full photo documentation of the existing heritage resource and details the attributes of the building that are salvageable and proposed for re- use in the mixed-use development. The attributes of the heritage building that will be incorporated into the mixed-use tower include: • Brick on the front (west) and south facades; • Bays; • Chimney on the south fagade; • Corbelled end walls; • Wood brackets; • Brick voussoir; • Quoin corners; • Brick drip molds; and • Cornice There are also several building features that are proposed to be replaced to match the existing. These include: • Lights; • Signage; • Mailboxes; • All windows to be replaced with non-combustible aluminum windows; • All doors to be replaced with non-combustible aluminum doors; and • Fascia and frieze board; Heritage Planning Comments Heritage Planning staff are generally in agreement with the conclusions made in the HIA. While the proposed development will remove the majority of the existing building on the property municipally addressed as 149-151 Ontario Street North, the majority of the heritage Page 187 of 415 attributes are located on the front (west) and south fagades and will be conserved and incorporated into the proposed 27 -storey mixed-use tower. In reviewing the merits of the application, Heritage Planning staff note the following: • The existing building on the property municipally addressed as 149-151 Ontario Street North is listed as a non -designated property of cultural heritage value or interest on the City's Municipal Heritage Register; • A Notice of Intention to Designate was passed by Council on December 11, 2023 and published on December 15, 2023; • The majority of the heritage attributes of the building are located on the front (west) and south facades, as identified and described within the draft HIA, are to be retained; • The draft HIA provided and analyzed seven different development options. While facadism is not a preferred practice for heritage conservation, in the context of this proposed development, the integration of the front (west) and south facades into the tower accounts for the majority of the heritage attributes of the existing building to be retained while providing opportunity for intensification on the site; • Heritage Planning staff are in agreement with the draft HIA that the existing heritage resource on the property municipally addressed as 149-151 Ontario Street North will retain sufficient integrity to continue to meet designation criteria 1 and 4 under Ontario Heritage Act Regulation 9/06 (amended by 385/21); • The proposed mixed-use tower will incorporate materials that are subordinate and complementary to the heritage resource; • It is recognized that the incorporation of the front (west) and south facades will impact the existing heritage resource with respect to destruction and alteration of identified heritage attributes. The attributes that are proposed to be impacted include: the side gable roof with overhanging eaves, bay windows, brick quoining, door openings with transoms, and the removal of one of the chimneys. Some of the identified attributes will be removed in their entirety to accommodate the 27 -storey mixed-use development while others will be reconstructed or reinstated as part of the development. Mitigation measures will be implemented to reduce these impacts; • There are no shadow impacts anticipated or identified on the attributes of the existing heritage resource as the tower will be constructed above. While the tower will cast shadow on the surrounding area, no concerns are identified; • The attributes of the existing heritage resource will not be isolated as a result of the proposed development. The facades of the heritage resource, which includes the majority of the attributes, will be incorporated into the proposed tower development; • The proposed development will not fully or significantly obstruct the view of identified heritage attributes, nor are significant views or vistas identified as heritage attributes; • While the development of a 27 -storey tower will result in intensification of residential and mixed -uses on the site, this change is not considered to be an adverse impact as residential and commercial uses have already existed in the previous and current buildings on site. The use of the lands are not changing significantly; • The designating by-law to be passed by Council will ensure that the front (west) and south facades and heritage attributes of the heritage building will be protected in the case of future applications; • While the preferred development option presents significant engineering challenges on the site, the applicant has submitted a draft Temporary Protection Plan, inclusive Page 188 of 415 of a Demolition and Stabilization Plan, Structural Assessment Report and Risk Management Plan detailing how the demolition and integration of the heritage facades will take place, as well as a draft Salvage and Documentation Plan detailing how the heritage attributes will be incorporated into the new development; and • The issuance of the final heritage permit is based on the conditions outlined above and will ensure that the heritage resource is adequately protected and conserved during pre- and post -construction activities. In accordance with the Heritage Permit application form, the approval of an application under the Ontario Heritage Act shall not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation, including, but not limited to, the requirements of the Ontario Building Code and Zoning By-law. In this regard, staff can confirm that Building Permits will be required to undertake the proposed work. 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. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Heritage Kitchener Committee meeting. CONSULT — Heritage Kitchener has been consulted. PREVIOUS REPORTS/AUTHORITIES: • Ontario Heritage Act, 1990 • Draft Heritage Impact Assessment (HIA) — 149-151 Ontario Street North & 21 Weber Street West (DSD -2023-048) • Notice of Intention to Designate 149-151 Ontario Street North (DSD -2023-478) APPROVED BY: Justin Readman, General Manager, Development Services Department REVIEWED BY: Rosa Bustamante, Director of Planning and Housing Policy/City Planner Natalie Goss, Manager, Policy and Research ATTACHMENTS: Attachment A — Heritage Permit Application HPA-2023-IV-030 Attachment B — Excerpt from draft HIA Attachment C — Draft Temporary Protection Plan Page 189 of 415 2023 HERITAGE PERMIT APPLICATION & SUBMISSION REQUIREMENTS �—� Planning Division — 200 King Street West, 6t" Floor .L P.O. Box 1118, Kitchener ON N2G 4G7 MNER 519-741-2426; planning@kitchener.ca STAFF USE ONLY Page 7 of 10 Date Received: Accepted By: Application Number: H PA - PART B: HERITAGE PERMIT APPLICATION FORM 1. NATURE OF APPLICATION V ❑ Exterior V ❑Interior V ODemolition V 1ZNew Construction ❑ Signage 12 Alteration 2. SUBJECT PROPERTY Municipal Address: 149-151 Ontario Street North, Kitchener ❑ Relocation Legal Description (if know): Part of lot 11, South of Weber Street and East of Ontario Street Registered Plan 401 Building/Structure Type: 12 Residential 12 Commercial ❑ Industrial ❑ Institutional Heritage Designation: 13 Part IV (Individual) ❑ Part V (Heritage Conservation District) Is the property subject to a Heritage Easement or Agreement? ❑ Yes 12 No 3. PROPERTY OWNER Name: 2851519 Ontario Inc. Address: 66 Bond St, Cambridge, ON N1 R 4136 City/Province/Postal Code: Cambridge, ON Phone: 519-212-0440 Email: melissac@lmcproperties.ca 4. AGENT (if applicable) Name: Reema Masri, B Sc. Arch. Eng., OAA, MRAIC, Principal Architect Company: Masri O Inc. Architects Address: 101-609 KUMPF DR City/Province/Postal Code: Waterloo, ON, N2V 1 K8 Phone: 519-579-0072 ext. 224 Email: rmasri@masrio.ca Working together • Growing thoughtfully • Building community rage 2023 5. WRITTEN DESCRIPTION Page 8 of 10 Provide a written description of the project including any conservation methods proposed. Provide such detail as materials to be used, measurements, paint colours, decorative details, whether any original building fabric is to be removed or replaced, etc. Use additional pages as required. Please refer to the City of Kitchener Heritage Permit Application Submission Guidelines for further direction. -Refer to Heritage Impact Assessment, prepared by LHC Heritage Planning & Archaeology Inc.. -Refer to Heritage Conservation Plan, Prepared by IVITE Consultants Inc. -Rafartn Tam nn rar4 Prntartinn Plan Pra nrwi hg KATF C nnciiltantc Inc that inrliuiac tha namnlifinn and Rfahili7nfinn Plan, Structural Assessment Report and Risk Management Plan. -Refer to salvage and documentation plan prepared by Masri O Inc., Architects. 6. REVIEW OF CITY OF KITCHENER HERITAGE PERMIT APPLICATION SUBMISSION GUIDELINES Describe why it is necessary to undertake the proposed work: Refer to Heritacle Impact Assessment enclosed. Prepared by LHC Heritage Planning & Archaeology Inc. Describe how the proposal is consistent with the Part IV individual designating by-law or the Part V Heritage Conservation District Plan: Refer to Heritage Impact Assessment enclosed. Prepared by LHC Heritage Planning & Archaeology Inc. Describe how the proposal is consistent with Parks Canada's Standards and Guidelines for the Conservation of Historic Places in Canada (www.historicplaces.ca/en/pages/standards-normes.aspx): Refer to Heritage Impact Assessment enclosed. Prepared by LHC Heritage Planning & Archaeology Inc. 7. PROPOSED WORKS a) Expected start date: April 2024 Expected completion date: October 2026 b) Have you discussed this work with Heritage Planning Staff? 12 Yes ❑ No - If yes, who did you speak to? Victoria Grohn c) Have you discussed this work with Building Division Staff? 12 Yes ❑ No - If yes, who did you speak to? Angela Dennis d) Have you applied for a Building Permit for this work? ❑ Yes 12 No e) Other related Building or Planning applications: Application number, -Building Permit for construction of the new building will be applied for to the building division -Partial Demolition Permit for the partial demolition of this building to be applied for to the building division -Existing SPA application file number SP22/041/0/ES Working together • Growing thoughtfully • Building community rage 2023 8. ACKNOWLEDGEMENT Page 9 of 10 The undersigned acknowledges that all of the statements contained in documents filed in support of this application shall be deemed part of this application. The undersigned acknowledges that receipt of this application by the City of Kitchener - Planning Division does not guarantee it to be a `complete' application. The undersigned acknowledges that the Council of the City of Kitchener shall determine whether the information submitted forms a complete application. Further review of the application will be undertaken and the owner or agent may be contacted to provide additional information and/or resolve any discrepancies or issues with the application as submitted. Once the application is deemed to be fully complete, the application will be processed and, if necessary, scheduled for the next available Heritage Kitchener committee and Council meeting. Submission of this application constitutes consent for authorized municipal staff to enter upon the subject property for the purpose of conducting site visits, including taking photographs, which are necessary for the evaluation of this application. The undersigned acknowledges that where an agent has been identified, the municipality is authorized but not required to contact this person in lieu of the owner and this person is authorized to act on behalf of the owner for all matters respecting the application. The undersigned agrees that the proposed work shall be done in accordance with this application and understands that the approval of this application under the Ontario Heritage Act shall not be a waiver of any of the provisions of any by-law of the City of Kitchener or legislation including but not limited to the requirements of the Building Code and the Zoning By-law. The undersigned acknowledges that in the event this application is approved, any departure from the conditions imposed by the Council of the City of Kitchener or from the plans or specifications approved by the Council of the City of Kitchener is prohibited and could result in a fine being imposed orjmprisonment as provided for under the Ontario Heritage Act. Signature of Owner/Agent: Date: November 17, 2023 Signature of Owner/Agent: Date: November 23, 2023 9. AUTHORIZATION If this application is being made by an agent on behalf of the property owner, the following authorization must be completed: I/ We, Melissa Carter , owner of the land that is subject of this application, hereby authorize Masri O Inc Architects c/o Reema Masri to act on my / our behalf in this regard. Signature of Owner/Agent: Date: November 17, 2023 Signature of Owner/Agent: _ Date: November 23, 2023 The personal information on this form is collected under the legal authority of Section 33(2), Section 42(2), and Section 42(2.2) of the Ontario Heritage Act. The information will be used for the purposes of administering the Heritage Permit Application and ensuring appropriate service of notice of receipt under Section 33(3) and Section 42(3) of the Ontario Heritage Act. If you have any questions about this collection of personal information, please contact the Manager of Corporate Records, Legislated Services Division, City of Kitchener (519-741-2769). Working together • Growing thoughtfully • Building community rage 2023 Application Number: Application Received: Application Complete: Notice of Receipt: Notice of Decision: 90 -Day Expiry Date: PROCESS: ❑ Heritage Planning Staff: ❑ Heritage Kitchener: ❑ Council: STAFF USE ONLY Working together • Growing thoughtfully • Building community rage Page 10 of 10 Project # LHCO281 8.0 IMPACT OF DEVELOPMENT ON HERITAGE ATTRIBUTES The MHSTCI's Info Sheet #5 Heritage Impact Assessments and Conservation Plans outlines seven potential negative impacts to be considered with any proposed development or site alteration. The impacts include: 1. Destruction of any part of any significant heritage attribute or features; 2. Alteration that is not sympathetic or is incompatible, with the historic fabric and appearance; 3. Shadows created that alter the appearance of a heritage attribute or change the viability of a natural feature or planting, such as a garden; 4. Isolation of a heritage attribute from its surrounding environment, context, or a significant relationship; 5. Direct or indirect obstruction of significant views or vistas within, from, or built and natural features; 6. A change in land use such as rezoning a battlefield from open space to residential use, allowing new development or site alteration to fill in the formerly open spaces; and 7. Land disturbances such as a change in grade that alters soils, drainage patterns that adversely affect an archaeological resource. In general, obstruction of views was considered as it relates to the support columns and general views of the fagade from Ontario and Weber Streets. It should be noted that no significant views or vistas were identified as heritage attributes and the assessment of direct or indirect obstruction of views considered whether the proposed design generally obstructs views of heritage attributes. Although the columns will be visible along the front and south elevation, they are required to support the tower above. Earlier iterations of the design contemplated cantilevering the tower above the building and these were determined not to be feasible as design progressed. As demonstrated in Figure 69 through Figure 73, the fagade will remain visible from Weber Street when approaching from the east and the new building will not fully or significantly obstruct heritage attributes and the overall form of the brick fagade will remain legible. 8.1 Potential Impacts to 149-151 Ontario Street North Table 6: Impact assessment of the heritage attributes of 149-151 Ontario Street North Heritage Attributes Potential Impact.. Type of Discussion Buff brick Portions Destruction The development proposal seeks to construction incorporate the front (west) fagade and south elevation. The rear addition, and the east and north elevations will be removed. A Masonry Evaluation was prepared to inform the Heritage Conservation Plan for the protecting and shoring of the buff brick construction. 95 Page 194 of 415 Project # LHCO281 Heritage Attributes Potential Impact Type of Impact Discussion Symmetrical plan No N/A The development proposal seeks to with two bay integrate the west and south elevation windows of the building. With appropriate mitigation measures in place to ensure conservation of the fagade, the symmetrical plan and two bay windows are not expected to be adversely affected by the development (see Figure 71 and Figure 72). The replacement of the existing wooden porch with a new concrete porch is not anticipated to result in an adverse impact as the porch -itself — is not a heritage attribute; however, it is recommended that the selection of concrete and design of any attachments be informed by a qualified heritage professional. The design of the steps and any railings should be informed by the existing fagade and its materials. The new porch should be compatible with and subordinate to the existing fagade. Replacement of the roof of each bay window with a new metal roof is not anticipated to result in an adverse impact, if carefully planned, given that the slope and pitch will be retained. Selection of the roofing colour should be complimentary to the windows and doors on the fagade. Side gable roof and Yes Destruction The development proposal seeks to overhanging eaves remove the roof. The April 2022 fire resulted in significant damage to the roof requiring replacement of significant portions. The proposed new glazed roof will retain the same pitch and slope of the current roof. The overhang of the new 96 Page 195 of 415 Project # LHCO281 Heritage Attributes Potential Type of Discussion Impact Impact roof will exceed the existing overhang; however, with the use of glazing is not anticipated to result in an adverse impact with respect to shadows or obstruction of views of related heritage attributes. Wood brackets No N/A Through careful design of the new glazed roof and appropriate mitigation measures during construction, the existing wooden brackets can be retained and will be visible (Figure 68). The Heritage Conservation Plan addresses the careful removal, repair and re -installment of the brackets. Brick quoining Portions Destruction The development proposal seeks to integrate the west elevation of the building. The proposed development will integrate the west and south elevation and the quoins located at the northwest and southwest corners of the structure and be integrated into the 27 -storey apartment building. The remaining quoins will be removed resulting in the partial loss of this attribute. Segmentally arched Portions Destruction The development proposal seeks to window openings integrate the west and south elevations of the building. Window openings on the north and rear elevations will be removed. Alteration of one of the south elevation windows to accommodate the mail room door, will alter the base of this opening, but will not affect the segmental arch or the header. Adverse impacts of this alteration can be minimized if carefully implemented with appropriate conservation measures. 97 Page 196 of 415 Project # LHCO281 Heritage Attributes Potential Type of Discussion Impact Impact Brick voussoirs with Portions Destruction The development proposal seeks to drip mould and alteration integrate the west and south elevations of the building. Voussoirs on the north and rear elevations will be removed. Alteration of one of the south elevation windows to accommodate the mail room door, will alter the base of this opening, but will not affect the segmental arch or the header. Adverse impacts of this alteration can be minimized if carefully implemented with appropriate conservation measures. Front door openings Potential Alteration The development proposal seeks to with transoms integrate the west elevation of the building. The two door openings on the west elevation will be retained, but are not anticipated to function as regular entrances. The doors will be removed and replicated with non-combustible materials. Brick chimney Portions Destruction The development proposal seeks to integrate the south elevation, including the brick chimney. The chimney on the north elevation will be removed. Through careful detailed design and with the implementation of appropriate conservation/stabilization measures, this heritage attribute will be conserved on the south elevation. 8.2 Adjacent Heritage Properties As discussed in Section 5.7, the proposed development is adjacent to: • 141 Ontario Street North/30 Duke Street, a listed property under Part IV, Section 27 of the OHA. 98 Page 197 of 415 OWDL)91MTE 149-151 Ontario Street, Kitchener Temporary Protection Plan including Demolition and Stabilization Plan, Structural Assessment Report and Risk Management Plan Project Location: 149-151 Ontario Street, Kitchener, ON Prepared for: LMC Limited Partnership 66 Bond Street Kitchener, ON N2H 4S5 Prepared by: MTE Consultants Inc. 520 Bingemans Centre Drive Kitchener, ON N2B 3X9 November 23, 2023 MTE File No.: 50855-10( Engineers, Scientists, Surveyors. 0.1i'lMTE Contents ExecutiveSummary................................................................................................................... 1 Owner Contact Information........................................................................................................ 1 ExistingConditions.................................................................................................................... 1 Temporary Protection Plan......................................................................................................... 1 Demolition and Stabilization Plan............................................................................................... 3 Structural Assessment Report.................................................................................................... 4 RiskManagement Plan.............................................................................................................. 4 ReportPreparer......................................................................................................................... 5 Conclusion................................................................................................................................. 5 Figures Figure 1 Existing Floor Plans Figure 2 Sequencing Section Figure 3 Construction Details Page 199 of 415 Executive Summary MTE Consultants Inc. has been retained by LMC Limited Partnership to prepare a Temporary Protection Plan for the existing building at 149-151 Ontario Street, Kitchener. This plan also includes a Demolition and Stabilization Plan along with a Structural Assessment Report and Risk Mitigation Plan. The subject property is a two-storey residence that was built c. 1876. The property owner desires to redevelop the site and proposes a new 27 storey mixed use residential tower. The Heritage Impact Assessment, prepared by LHC Heritage, outlines the plan to preserve two portions of the fagade of the existing building by incorporating them into the design of the new development. This Temporary Protection Plan is intended to show the means by which the heritage resources of the building will be preserved and maintained through the construction of the new development. This plan outlines the means and methods by which these heritage resources, in the form of the existing front and right side facades, shall be preserved through the process of the demolition of the remaining building and protected and stabilized during the construction of the new development. Protecting and shoring the structure in place during the construction of the new development is the method that has been chosen. This report elaborates on how this method shall be carried out while preserving the heritage resources of the existing building. Owner Contact Information Melissa Carter melissac@lmcproperties.ca LMC Limited Partnership 66 Bond Street Kitchener, ON N2H 4S5 Existing Conditions The subject property is a two-storey residence located at 149-151 Ontario Street in Kitchener, Ontario. The original building was built in c. 1876 and has later additions at the rear. The structure is a combination of load bearing brick masonry and wood framing. Existing foundations consist of both clay brick and rubble stone walls. It is the intent of the proposed development to preserve the front (west) brick fagade and part of the right -side (south) brick fagade of the building and incorporate them into the new structure. These two walls that are being preserved were found to be of double wythe masonry construction. The walls were found to be in mostly serviceable condition; however, local damage was noted in several localized areas. The bricks at the base of the front porch showed significant damage, most likely to long exposure to de-icing salts. In addition, several bricks had holes drilled in them over the years for the installation of various appendages. In 2022, there was a fire in the structure which damaged some of the wood framing. This damage has been repaired to make the structure sound. Other than staining with soot, the bricks do not appear to be significantly impacted by the fire. It is concluded that the existing fagades (west and south) are adequate to sustain the construction and renovation work required for this development. Temporary Protection Plan It is the intent of the conservation plan to protect and shore the front and partial right fagade of the building in place during the demolition of the remaining structure and the construction of the new structure. The existing facades will be incorporated into the new development and stabilized by the new structure. MTE Consultants 1 50855-100 1 149-151 Ontario Street, Kitchener, ON I November 23, 2023 Page 200 of 415 The new development requires new foundations that will be below the elevation of the existing building foundations. Shoring the fagade in place will necessitate the need for underpinning of the entire existing fagade to remain. This underpinning will consist installation of new concrete footings below the existing rubble foundation that extend down to the elevation of the new building foundations. This underpinning conflicts with and complicates the construction of the new development's foundations, and therefore will need to be removed for the construction of the new foundations. Once the partial demolition of the house is completed, the fagade will need to be re -supported on helical piles which will allow for the construction of the new foundations while still in place. It should be noted that the helical piles cannot be installed until the partial demolition is complete and therefore both underpinning and helical piles are required in a two stage process of supporting the fagade. Once the new foundations are in place the wall can be supported on a new cast in place concrete wall and the helical piles can be removed. • Shoring the building facades in place also will require the use of temporary shoring towers installed to laterally brace the facades while the remainder of the existing house is removed and until the new support structure is completed. These shoring towers will interfere with the new construction that would occur below them, and therefore the new foundation needs to be partially installed prior to the shoring towers being erected. • As the existing fagade will be present on an active construction site, there is risk damage from collision with construction equipment. It is therefore recommended that the entire shored fagade be wrapped in hoarding to protect it from impact. This hoarding shall consist of a layer of extruded polystyrene insulation encased in waterproofed plywood sheathing. • The design of the shoring and design of the new structure have taken into consideration the need to minimize vibration on the site. Helical piles have been chosen to support the fagade as they can be installed with minimal vibration. The new structure's foundation is designed as a raft slab which can be installed via standard excavation techniques and pouring of concrete without any significant vibratory methods. Figures 1-3 have been prepared illustrating the elements of this plan and are included as an appendix to this report. In addition, the following items highlight the requirements of this plan. 1. Shoring and demolition shall be performed per the requirements of the contract documents to be prepared by the design team and submitted for building permit. 2. Shoring and demolition shall be performed under the direction of both a professional engineer and the Heritage Professional. 3. The existing facade shall be protected from impact from the new construction and from weather by encasing it in waterproofed 19mm plywood over 50mm of Styrofoam insulation. 4. At the joint between the fagade to remain and the brick to be demolished, saw -cutting the brick shall not be permitted. An experience heritage mason shall be retained to perform the removal at this joint. Toothed bricks shall be removed by hand and replaced with either appropriately sized brick salvaged from the demolished portion, or individually cut bricks. 5. At the joint between the existing wood framing and the remaining fagade, the wood shall be cut locally and removed from the brick by hand. Any voids created in the removal of wood framing shall be filled with appropriate grout. 6. All removal of existing wood moldings, wood roof brackets and exterior doors shall be conducted with hand tools and kept intact. MTE Consultants 1 50855-100 1 149-151 Ontario Street, Kitchener, ON I November 23, 2023 Page 201 of 415 7. All brick from the demolished portion of the building shall be salvaged and retained in a secure manner. Brick shall be covered and protected from weather. Brick shall be segregated between sound and unsound brick. Bricks from additions shall be kept separate from the brick from the original construction. Brick that is not reused or incorporated into the new development, per OP Policy 12.C.1.32, shall be offered to the City of Kitchener for reuse, archival, display, or commemorative purposes. Specific details of the brick storage shall be included in the Salvage and Documentation Plan. Demolition and Stabilization Plan Based on the direction provided above, the demolition and stabilization shall be conducted according to the plan outlined below. This plan consists of many steps, which are also illustrated in Figure 2. A. Concrete underpinning shall be installed under the existing rubble foundation down to the elevation of the new structure's underside of footings. Underpinning shall be installed in stages such that not more than one metre of the existing foundation wall shall be undermined at one time. The underpinning shall be the responsibility of the General Contractor. B. Perimeter earth retention shoring shall be installed on the north and west property lines of the site to allow for excavation. Driving of piles or sheet piles shall not be permitted in the installation of this shoring, and as such, shoring shall be installed using augured and grouted soldier piles (soldier piles and lagging) or drilled caissons (caisson wall). This shall be the responsibility of the earth retention shoring contractor. C. Excavation shall occur between the underpinning and the earth retention shoring down to the elevation of the bottom of the proposed new footings with temporary bracing installed to brace underpinned foundations. This shall be the responsibility of the General Contractor. D. New building foundations shall be installed along a two metre strip running parallel to the existing fagade foundations. These foundations shall be designed to support both the temporary fagade supports and the final building loads. These footings shall be the responsibility of the General Contractor. E. Shoring towers shall be erected on top of the new building foundations. These shoring towers shall be designed by a Professional Engineer and submitted for Building Permit. Design and installation of the shoring towers is the responsibility of the building shoring contractor. F. The existing brick fagade shall be tied back to the shoring towers and temporary bracing noted in Item C can be removed. This is the responsibility of the building shoring contractor. See Detail 1 on Figure 3. G. Partial demolition of the existing house shall occur with the removal of all of the superstructure leaving the remaining fagade and the existing foundations. Demolition of all elements attached to the remaining fagade shall be conducted by hand with small tools. See Details 2 and 3 on Figure 3. This is the responsibility of the demolition contractor. H. A temporary protection system consisting of 19mm plywood over 50mm of Styrofoam insulation shall be installed over the brick fagade. See Detail 4 on Figure 3. This is the responsibility of the General Contractor. MTE Consultants 1 50855-100 1 149-151 Ontario Street, Kitchener, ON I November 23, 2023 Page 202 of 415 I. A helical pile support system shall be installed supporting the fagade at the level of the bottom of the existing brick. Piles are to be drilled into soil and not driven. Support system to be designed to support full weight of brick fagade and shall be braced to the shoring tower. See Detail 5 on Figure 3. This is the responsibility of the building shoring contractor. J. The remainder of the site shall be excavated down to the elevation of the bottom of new footings. This is the responsibility of the General Contractor. K. The existing rubble foundation and underpinning shall be removed. This is the responsibility of the General Contractor. L. The remainder of the new building's foundations shall be constructed. This is the responsibility of the General Contractor. M. A new concrete support wall shall be constructed on top of the new foundation to the underside of the brick fagade. This is the responsibility of the General Contractor. N. The helical pile support system shall be cut and removed. See Detail 5 on Figure 3. This is the responsibility of the building shoring contractor. O. Construction of the new structure shall commence up to the level of the third floor. This is the responsibility of the General Contractor. P. The fagade shall be tied back to the new building structure. This shall consist of a steel back-up frame behind the brick fagade that is anchored to the new concrete structure. This shall be designed by the Engineer of Record and shown on the building permit drawings. See Detail 7 on Figure 3. This is the responsibility of the General Contractor. Q. The shoring towers shall be removed. This is the responsibility of the building shoring contractor. R. Construction of the remainder of the new building shall continue. This is the responsibility of the General Contractor. S. The brick protection shall remain in place for the duration of construction. This is the responsibility of the General Contractor. Structural Assessment Report The structural assessment of fagade is intimately tied to the demolition and stabilization of the facade. The plan outlined above shows the means and methods to be used to safely remove portion of the existing building in order to avoid causing structural damage to the historical portions to remain. The brick assessment report, previously submitted as part of the Heritage Conservation Plan, provides evidence that the existing condition of the brick is such that the work proposed can be carried out with causing any further deterioration to the brick fagade. When the proposed plans and assessments are reviewed together, it is concluded that the overall plan is structurally adequate to maintain the heritage resources of the property. Risk Management Plan The Demolition and Stabilization Plan has been developed with the intent to minimize vibration to the property during construction. In addition, the design of new structure has been restricted so that the means and methods of construction employed on the construction on the new development should minimize vibration. Some of these mitigation means are noted below. MTE Consultants 1 50855-100 1 149-151 Ontario Street, Kitchener, ON I November 23, 2023 Page 203 of 415 • Earth retention shoring shall be design using drilled or augured piles such that pile driving is not required. • Temporary building shoring shall utilize helical screw piles such that pile driving is not required. • New foundations consist of a raft footing on native soil to minimize the need for vibratory compaction of soil. • The majority of the tower is constructed using precast concrete where fabrication takes place off site. Report Preparer This report has been authored by Kurt Ruhland, P.Eng., CAHP. Kurt has been a professional structural consulting engineer in the building industry for over 30 years and a member of the Canadian Association of Heritage Professionals (CAHP) since 2016. Kurt has been involved in the structural restoration of dozens of designated and non -designated heritage building across Southern Onterio. Notable projects include the Elora Mill restoration in Elora, the restoration of Devereaux House in Halton Hills and the renovation of Creelman Hall at the University of Guelph. Conclusion It is understood that it is intended to redevelop that property at 149-151 Ontario Street in Kitchener, Ontario with a new 27 storey mixed use residential tower. The property presently contains a two-storey residential building that was built c. 1876 that contains heritage value. It is proposed to preserve this heritage by inclusion of the portions of the building fagade into the new development. It is proposed that this be accomplished by the shoring the structure in place during construction of the new development. This report provides the plans outlining the means and methods by which this is to occur. All of which is respectfully submitted, MTE Consultants Inc. Kurt Ruhland, P.Eng., CAHP Vice President 519-743-6500 ext. 1236 kruhland(a)-mte85.com KUR:smk MA50855\100\Heritage Preservation Plan\50855-100_rpt_Demo Stab TP Plan_2023-11-23.docx MTE Consultants 1 50855-100 1 149-151 Ontario Street, Kitchener, ON I November 23, 2023 Page 2.04 of 415 014MTE Figures Page 205 of 415 SHIN eoe-- a"it�ix30oou�I ON -01d — 5 J-001-9980 . ALVtlOdW310Nd NO LLVLI�19d1S N01-0- 1 OIlf10 W30 1 am6i j-00l-SSBOS °" —""" z O Q� O Q a o W SHIN eoe-- a"it�ix30oou�I ON -01d — 5 J-001-9980 . ALVtlOdW310Nd NO LLVLI�19d1S N01-0- 1 OIlf10 W30 1 am6i j-00l-SSBOS °" —""" 00 a e P o o A [e CD 0 e 00 (D 0 0 0 0 0 qp F -LT lot a nip u- �100 A kiii'm L I - s, T T - - - 77 -- - - - - - - - - - - - - - - - - - - U oa �E o� �= z V -i®� a w � d � � N 00 a e P o o A [e CD 0 e 00 (D 0 0 0 0 0 qp F -LT lot a nip u- �100 A kiii'm L I - s, T T - - - 77 -- - - - - - - - - - - - - - - - - - - U 0 G 0 I 1 �E 0 G 0 .......... . 11 III . a� to a .......... . 11 III 0 0 0��0 0 0 CD MET A �6 . a� 0 0 0��0 0 0 CD MET A �6 - - eoe���"H a"i�IxToou�eseas�d��d mPs oou ss ----sTdi3a ---- 1® 1® 141 1 Staff Report Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director, Housing and Development Approvals, 519-741-2200 ext. 7070 PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7291 WARD(S) INVOLVED: Wards 9 & 10 DATE OF REPORT: December 11, 2023 REPORT NO.: DSD -2024-009 SUBJECT: Growing Together — Heritage Implementation Measures RECOMMENDATION: For information. REPORT HIGHLIGHTS: The purpose of this report is to inform Heritage Kitchener and Council on the recommended approach to continued cultural heritage conservation through the Growing Together project and the proposed policy changes intended to further cultural heritage measures. The key finding of this report is that the proposed Official Plan policy and zoning by-law changes are not anticipated to result in loss of cultural heritage resources. The existing heritage tools currently in use — including Heritage Conservation District Plans, designation, and the ability to request heritage studies in certain situations - remain in effect. Further, the proposed Official Plan amendments include the introduction of new policies intended to implement and protect cultural heritage landscapes. There are no financial implications. In November 2023 three drop in sessions were held and materials were posted on the Growing Together engage page for the community and stakeholders to review draft Official Plan and Zoning By-law amendments. These amendments included proposed policy changes intended to further cultural heritage conservation measures. Community engagement also includes consultation with the Heritage Kitchener Committee. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 209 of 415 BACKGROUND: Kitchener is growing, and much of that growth is centred around the ION LRT system and its associated stations. These areas are identified as Protected Major Transit Station Areas (PMTSAs) by the Region of Waterloo. Directing development to well -serviced areas contributes to sustainable city -building, creates complete communities, and provides the greatest benefit to the greatest number of people. As such, PMTSA's have unique provincial and regional policies, with intensification around transit being a core fundamental principle of Ontario's Planning Framework. To implement these policies, the City of Kitchener has launched Growing Together, a continuation of the ongoing planning review process that began with Planning Around Rapid Transit Stations (PARTS) and advanced through the Neighbourhood Planning Review (NPR) project. Growing Together involves updates to the City's planning framework, including necessary updates to cultural heritage policies such as the implementation of cultural heritage landscapes located wholly within the PMTSAs outlined below. While the Regional Official Plan identified a total of 10 PMTSAs, Growing Together focuses on seven areas west of the expressway (Figure 1). The seven PMTSAs are as follows: • Grand River Hospital; • Central Station Innovation District; • Victoria Park & Kitchener City Hall; • Frederick & Queen; • Kitchener Market; • Borden; and • Mill. Mau. Ho—Ce mete ry Figure 1: Growing Together — the 7 Protected Major Transit Station Areas Page 210 of 415 REPORT: There are two Heritage Conservation Districts (HCDs) whose boundaries overlap with the defined boundaries of the PMTSA's. They include the Victoria Park Area Heritage Conservation District and the Civic Centre Neighbourhood Heritage Conservation District (Figure 2). Heritage Conservation Districts Map Figure 2: The HCD's (identified in red) within the boundaries of Growing Together There are also 14 Cultural Heritage Landscapes (CHL's) that have properties located within the PMTSAs (Figure 5): • Rockway Gardens • Gildner Green Neighbourhood • Gruhn Neighbourhood • Mount Hope Cemetery • Union Boulevard • Iron Horse Trail • Canadian National Railway Line • Victoria Park Neighbourhood • Victoria Park • Jubilee Drive • Cedar Hill and Schneider Creek Neighbourhood • Onward Avenue Neighbourhood • Fire Mennonite Cemetery • St Peters Lutehran Cemetery. Page 211 of 415 Official Plan Amendments Through the Growing Together project, Planning Staff are proposing the application of new land use designations to the PMTSAs using several different evaluation criteria. The policies of the HCD Plans and consideration towards the protection of CHLs formed part of this evaluation criteria. The land use proposed within the HCDs is primarily Strategic Growth Area A (SGA -A) (Figure 4). This proposed land use limits new buildings to low and mid -rise forms and is appropriate for existing low-rise, predominately residential neighbourhoods. Building heights are limited to eight storeys, and development proposals for buildings over this height allowance will require an Official Plan Amendment. Compatible non-residential uses are permitted within this designation, such as small shops and personal services. M � Figure 3: Strategic Growth Area A (SGA -A) with approximate locations of HCD's Comaatibility with Heritaae Conservation Districts The Civic Centre Neighbourhood and Victoria Park Area HCDs are comprised primarily of low-rise dwellings that are residential in use and provide for a human scale. There are some specific areas, focused mainly around the perimeters of the districts, that have been redeveloped for higher -rise forms of housing or converted to office and commercial uses. Page 212 of 415 The SGA -A land use is proposed to allow for development that is appropriate for and continues to support the identified characteristics of the HCDs. This includes modest infill, integrated redevelopment, or development on the few sites where new buildings can be constructed without the demolition of existing structures. No loss of cultural heritage resources is anticipated as a result of Growing Together. The existing heritage tools currently in use — including HCD Plans and the policies within that direct how development should occur, designation, and the ability to request heritage studies in certain situations - remain in effect. Further, Growing Together has introduced additional Official Plan policies and refined existing ones to ensure continued compatibility between the Official Plan and policies and guidelines of the HCD's. Among other things, anew policy is proposed which outlines that should conflict between the policies of the Official Plan and policies of a HCD Plan occur, then the HCD plan prevails. This new policy is in accordance with the policies of the Ontario Heritage Act. Cultural Heritage Landscape Policies In addition to ensuring compatibility with designated heritage resources, the amendments proposed through Growing Together will also implement greater recognition and protection of CHI -s. CHLs can be defined as geographical areas that may have been modified by human activity and that are identified as having cultural heritage value or interest by a community. Through the Kitchener Cultural Heritage Landscape Study prepared by the Landplan Collaborative Ltd. in 2014 and approved by Council in 2015, an inventory of 55 CHLs were identified. Through the Lower Doon Land Use Study Implementation Project completed in 2023, one of those CHLs has been implemented. Growing Together will implement 14 additional CHLs that are within its boundaries, by identifying them on Map 9a (Figure 5) and introducing new policies within the Official Plan. By identifying the CHLs on Map 9a, the submission of heritage studies, including Heritage Impact Assessments and/or Heritage Conservation Plans, can be required for development, redevelopment, and site alteration of a property within a CHL. This is a key policy that will now be able to be implemented across 14 CHLs as work on detailed CHL specific policies continues. The new polices also outline requirements for the design of developments or redevelopment within a CHL to support, maintain, and enhance major characteristics and attributes and be compatible with the existing area. Page 213 of 415 M•rftp Cwnanntlon Dist Ifs cv-i ( C.Runl PMdhW Lwdsc" _I.iFl AG..t l RW ,GsrM j De C, Glee. Nalgreewl .d ViI�s. u.a, �,lee�a 1a. Y'e59Wse T-1 I I. Caeaeun Nalwlra Rahway line 012 Vktr PN N.9Sb.0—d 13 Yc>tria PaM1 16. 3W�e Riw 15. GEaI Hil aM 9H` �I Creek F---"-� Hsi1�1'6oumood _ to [}..dAvgrup Nrgw—t=9 018 . & Petia'Y W ffi— Cenvlely I Thl 1 d map Iam��v.l aI —.—q aay U, th NpaW„ .w PUP, ee :. myin�, wM the pphcwe alas, Plan. 2. please nate m " M Cw l He1MeJe R— rc..:.w 4fi d aauar+c. wim Pw y 12.C.1.3 SFEas Ptier eye sPvsm m IA>p 9. Figure 4: Map 9a of the Official Plan - Cultural Heritage Landscapes (CHL's) Cedar Hill Cultural Heritage Landscape Implementation Through a comprehensive review and analysis of the Cedar Hill and Schneider Creek Neighbourhood CHL, that occurred through the City's Neighbourhood Planning Review process, detailed polices have been developed and are proposed to be implemented through Growing Together. These policies identify gateway locations and significant views or vistas within the CHL. At the key gateway locations, careful consideration of built form is encouraged to protect and enhance the CHL during development or redevelopment. Appropriate transitions, building height, and setbacks are encouraged to contribute to and enhance the pedestrian experience and enjoyment of the area. As noted above, detailed review and analysis for the remaining 13 CHLs within the PMTSA's is scheduled to be completed at a later date. The formulation of CHL -specific policies, like those proposed for the Cedar Hill and Schneider Creek Neighbourhood, requires a complete and holistic understanding of the unique attributes and characteristics of each CHL. In the interim, by identifying the 14 CHLs within the Official Plan, relevant heritage studies can be required through the development review process. The additional review and analysis of the CHLs within the PMTSAs, along with a review of the remaining CHLs will commence in 2025 once the current review of properties on the Municipal Heritage Register is completed in 2024. Page 214 of 415 Zoning By-law Amendments Growing Together determined the application of new zones within the PMTSAs using several different evaluation criteria. The policies of the HCD Plans and consideration towards the protection of cultural heritage landscapes formed part of this evaluation criteria. The new zoning proposed for the HCDs is primarily low-rise, with limited select areas identified as being appropriate for the zones that support medium or high-rise development. Strategic Growth Area One (SGA 1) Zone The SGA -1 zone permits low-rise building forms and have a maximum height allowance of 11 metres (three storeys). Other fundamental regulations that apply to this zone include minimum lot widths and areas dependent on building size and unit counts and minimum setbacks. There are no minimum parking requirements. The SGA -1 zone is intended to support missing middle infill housing and complementary non-residential uses such as small shops, cafes, and home businesses. The majority of the lands within the Civic Centre Neighbourhood HCD and the existing residential neighbourhoods to the northwest of the Victoria Park Area HCD are proposed to be this zone. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. '-��^ - i � ;�`' : t`Y=tom `i �• j !`` ` `\ � ' w \ 6~ - Figure 5: Strategic Growth Area One (SGA -1) Zone with approximate locations of HCDs Page 215 of 415 Strateaic Growth Area Two (SGA -2) Zone The SGA -2 zone permits mid -rise building forms and has a height allowance of up to 8 storeys. Other fundamental regulations of the SGA -2 zone includes minimum lot widths and areas dependant on the size of the building, stepback requirements for upper storeys of the buildings, yard setbacks of 3.0 metres, and the provision of set amounts of landscaping and amenity space. There are no minimum parking requirements. The SGA -2 zone is intended to support missing middle and mid -rise infill housing along with a range of non-residential uses such as offices, shops, and services. The exterior areas of the Civic Centre Neighbourhood HCD — primarily those properties which front onto Weber Street — are proposed to be zoned SGA -2. There are few areas within the Victoria Park area proposed for this zone. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. vs -" f' l � � � �•y. _ y7y.,'�... .. `f a_I .. `-' l'k.,�:.9 ..4'JY r J t el Figure 6: Strategic Growth Area Two (SGA -2) Zone with approximate locations of HCDs Page 216 of 415 Strategic Growth Area Three (SGA -3) Zone The SGA -3 zone permits high-rise building forms and have a height allowance of up to 25 storeys. Other fundamental regulations of this zone include minimum lot widths and areas dependent on building size, minimum yard setbacks of 3 metres or greater when adjacent to a low-rise zone, and the provision of set amounts of amenity space. There are no minimum parking requirements. The SGA -3 zone is intended to support missing middle, mid -rise, and high-rise housing along with a full range of non-residential uses. There are limited areas within the HCDs that are proposed to be zoned SGA -3. The SGA - 3 zone is proposed to be applied primarily along the Queen Street South corridor within the Victoria Park Area HCD. The Queen Street South corridor is identified as an area of intensification and transition within the Victoria Park Area HCD Plan, with higher rise building forms already present. Examples include 150 Queen Street South, 221 Queen Street South, 242 Queen Street South, 310 Queen Street South, and 112 Benton Street. Accordingly, the HCD Plan contains policies which direct new development to this area and outline how it should progress in order to conserve heritage resources while enhancing the historic and civic character of the area. Heritage permits would still be required for alterations or new construction, and City Staff retain the ability to request heritage studies be completed for significant work. Recent development applications that have been received by the City and reviewed by Heritage Planning Staff and Heritage Kitchener have demonstrated that, through the heritage review process, significant redevelopment and the construction of tall - buildings can be undertaken in a manner that still protects and conserves our cultural heritage resources. Examples include 16-20 Queen Street North and 88 Queen Street South. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. Page 217 of 415 Figure 7: Strategic Growth Area Three (SGA -3) Zone with approximate locations of HCDs Strategic Growth Area Four (SGA -4) Zones There are no SGA -4 zoned properties proposed within the Heritage Conservation Districts. This zoning is proposed to apply to some parts of the Cultural Heritage Landscapes. With the proposed amendments to the Official Plan, Heritage Impact Assessments and/or Heritage Conservation Plans can now be required for development, redevelopment, and site alteration of properties within a CHL even if the property is not listed or designated. This will help in ensuring that development proposals of any scale will consider and conserve the characteristics of the CHL. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Page 218 of 415 Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Heritage Kitchener meeting. The draft Official Plan and Zoning By-law amendments were posted to the Growing Together Engage WR project page in early November. To inform residents of the Growing Together project, over 10,000 postcards were circulated. Advertisements of the November drop-in sessions were placed in the WR Record. CONSULT & COLLABORATE — The Growing Together project utilized an interactive workshop format as the primary means of community engagement. Thirteen unique engagements totalling over 72 hours and involving more than 1,100 members of the community. This included a mix of residents within the project area, members of the broader community, and identified key stakeholders. The feedback obtained from the workshops was utilized in developing the draft land use and zoning direction that has now been released. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities presented to Heritage Kitchener related to this matter. Additional Information on the Growing Together project can be found at www.engagewr.ca/growingtogether REVIEWED BY: Rosa Bustamante, Director, Planning and Housing Policy/City Planner Natalie Goss, Manager, Policy & Research APPROVED BY: Justin Readman, General Manager, Development Services Department ATTACHMENTS: Attachment A — Draft Official Plan Amendment Attachment B — Draft Official Plan and Land Use Mapping Attachment C — Draft Zoning By-law Amendment Attachment D — Draft Zoning Mapping Attachment E — Excerpt of Heritage Related Proposed and Amended Policies Page 219 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together How to read this document? This document lists all proposed text changes to the City's 2014 Official Plan as part of the Growing Together project. • Text in red is new text proposed to be added to the Official Plan. • Text in black is current Official Plan text not proposed to change. • Bolded text with a black borde details the specific change with Policy numbers. • Deleted text is not shown in this document. See the Official Plan document on the City's webpage to read text proposed for deletion. • Where an entire Policy is being deleted, it is referenced in the lbolded boxes . "Map 2 — Urban Structure", "Map 3 — Land Use", "Map 4 — Urban Growth Centre (Downtown)", "Map 5 — Specific Policy Areas", and "Map 9 — Cultural Heritage Resources" are proposed to be amended. Visit www.EngageWR.ca/GrowingTogether to view updated mapping. Existing Section 1.A.5, the "Preamble" for Section 3.C.2, Policy 3.C.2.3, Policy 3.C.2.7, Policy 3.C.2.18, Policy 3.C.2.21, Policy 3.C.2.22, Policy 3.C.2.43, Policy 3.C.2.44, Policy 3.C.2.45, Policy 3.C.2.47, Policy 3.C.2.49, Policy 5.C.1.8, Policy 5.C.1.10, Policy 13.C.3.12, Policy 13.C.8.6, Policy 15.D.5.16, Policy 15.D.5.17, Policy 15.D.5.18, Policy 17.E.18.1, the definition of "Intensification Areas", the definition of "Station Area Plan", and the definition of "Transit -Oriented Development" are amended to replace the term "Major Transit Station Area" with "Protected Major Transit Station Areas". Existing section 2.B.1 Vision is proposed to be amended as follows: 2.113.1 Vision Together we will build an innovative, vibrant, attractive, safe, complete and healthy community contributing to an exceptional quality of life. Complete Community A complete community creates and provides access to a mix of land uses including, a full range and mix of housing, including affordable housing, recreation, commerce, community and cultural facilities, health care facilities, employment, parks and open spaces distributed and connected in a coherent and efficient manner. A complete community also supports the use of public transit and active transportation, enabling residents to meet most of their daily needs within a short distance of their homes. Kitchener will be planned as a complete community that creates opportunities for all people to live, work and interact within close proximity. Planning for a complete community will aid in reducing the cost of infrastructure and servicing, encourage the use of public transit and active modes of transportation, promote social interaction, and foster a sense of community. Healthy Community A healthy community provides access to clean air and water, nutritious food, a variety of employment opportunities, and safe and socially vibrant neighbourhoods. A healthy community Draft — November 2023 www.EngageWR.ca/GrowingToqether Page 220 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together also promotes human health and active lifestyles by providing access to community infrastructure, active transportation, parks and open space. Kitchener will be planned as a healthy community that allows for the provision of the basic needs for all of its residents, creates and maintains strong and positive relationships within and outside the community, and offers an overall high quality of life. Planning for a healthy community will create a place where social and cultural differences are welcomed and will be a place where everyone feels a sense of place and belonging. A vision for Downtown (DTK) Kitchener's Downtown has historically been known by its four design districts. The Innovation District, focused along Victoria Street, features the adaptive reuse of historical industrial buildings and continues to evolve into a contemporary urban mixed-use neighbourhood with a focus on high-density residential with high-tech and health science offices. The Civic District, planned through a mid-century district plan as a centre for civic and cultural institutions, continues to evolve, maintaining its status as an arts and culture hub but adding a broader mix of uses that will help create a more complete community in and around it. The Market District focused around the Kitchener Market mixed-use development and features a variety of building forms with unique opportunities for a market -related mix of uses such as Market Lane and Moyer Place. The City Centre District is the heart of urban life within the core of downtown Kitchener. Shops, services, events and celebrations are focused along King Street and supported by Gaukel Street, Ontario Street and Queen Street. This includes the intersection of King Street and Queen Street as "The Royal Crossroads" — the historical nexus of old Berlin. In 2023, through a city -initiated project, a community led working group developed a vision and series of principles to guide the future of downtown Kitchener. The vision and principles are centered on vibrancy, connection and belonging. Vibrancy DTK is at its best when it has a feeling of electricity in the air, but it shouldn't be reliant on programming and events to create this feeling. Vibrancy should be a permanent fixture. It's not just about bustling streets, it's about an undercurrent of creativity and a positive energy in DTK that makes people want to be there any day of the week. Connection Connection isn't only about being social and it's not just for those who live in DTK — it's for anyone who spends time here. It's about comfort and accessibility. It's about being drawn to particular spaces. It means staying rooted in past places and memories while being part of new shared experiences. Belonging Belonging is bigger than the people you spend time with — it's when you know what to expect from a place or experience and always find it. There's an element of deep familiarity and relaxation. You feel free to be your authentic self without fear of being judged. Existing Policies 3.C.2.12., 3.C.2.14., and 3.C.2.15. are proposed to be amended as follows: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 221 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together Urban Growth Centre (Downtown) 3.C.2.12. The Urban Growth Centre (Downtown) is a primary Urban Structure Component and Intensification Area. The planned function of the Urban Growth Centre (Downtown) is to accommodate a significant share of the region's and city's future population and employment growth. 3.C.2.14. The Urban Growth Centre (Downtown) is planned to be a vibrant regional and city- wide focal point and destination and is intended to be a primary focal point for residential intensification as well as for investment in institutional and region -wide public services, commercial, office, recreational, cultural and entertainment uses. 3.C.2.15. The applicable land use designations for the Urban Growth Centre (Downtown) as detailed in Section 15.D.2 will include Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C. Existing Policies 3.C.2.16 (including the header), and 3.C.2.17 are proposed to be amended as follows: Protected Major Transit Station Area 3.C.2.16. Protected Major Transit Station Areas are designated in the Regional Official Plan and are identified on Map 2 and Map 4. Major Transit Station Areas are Protected Major Transit Station Areas in accordance with Section 16(16) of the Planning Act. 3.C.2.17. The planned function of Protected Major Transit Station Areas, in order to support transit and rapid transit, is to: a) provide a focus for accommodating growth through development to support existing and planned transit and rapid transit service levels; b) provide connectivity of various modes of transportation to the transit system; c) achieve a mix of residential, office (including majoroffice), institutional (including major institutional) and commercial development (including retail commercial centres), wherever appropriate; and, d) have streetscapes and a built form that is pedestrian -friendly and transit - oriented. Policies a) through d) above should not be interpreted to mean that every property located within a Protected Major Transit Station Area is necessarily appropriate for major intensification. Add new Policy 3.C.2.18 as follows and renumber subsequent policies accordingly: 3.C.2.18. The following Protected Major Transit Station Areas shall be planned to achieve the following minimum densities: a) Grand River Hospital Station: 160 residents and jobs combined per hectare; b) Central Station: 160 residents and jobs combined per hectare; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 222 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together c) Victoria Park and Kitchener City Hall Station: 160 residents and jobs combined per hectare; d) Queen and Frederick Station: 160 residents and jobs combined per hectare; e) Kitchener Market Station: 160 residents and jobs combined per hectare; f) Borden Station: 160 residents and jobs combined per hectare; g) Mill Station: 160 residents and jobs combined per hectare; h) Block Line Station: 80 residents and jobs combined per hectare; i) Fairway Station: 160 residents and jobs combined per hectare; and, j) Sportsworld Station: 160 residents and jobs combined per hectare. Existing Policy 3.C.2.20. is proposed to be deleted. Existing Policy 3.C.2.48. is proposed to be amended as follows: 3.C.2.48. New major institutional uses should be located in the Urban Growth Centre (Downtown), a Protected Major Transit Station Area or a City Node in accordance with the applicable land use policies in Section 15. "Predominant Land Use Designation" for "Urban Growth Centre (Downtown)" and "Major Transit Station Area" on Figure 6 is proposed to be amended as follows: Strateaic Growth Area A Urban Growth Centre (Downtown) Strategic Growth Area B Strategic Growth Area C Strategic Growth Area A Protected Major Transit Station Area Strategic Growth Area B Strategic Growth Area C Add new Policies 11.C.1.34, 11.C.1.35, 11.C.1.36, and 11.C.1.37 to Section 11.C.1: Urban Design as follows: 11.C.1.34. New tall building development and/or redevelopment will have consideration for tall building design principles including physical separation, overlook, relative height, floor plate area, building length, tower placement, orientation and building proportion, among others. The City will provide design criteria for tall buildings through zoning regulations and the urban design manual, where appropriate. This is to: a) mitigate environmental impacts caused by tall buildings such as shadows, accelerated winds, access to light and sky and more; Draft — November 2023 www.EnaaaeWR.ca/GrowinaToaether Page 223 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together b) create high-quality design relationships between the built -forms of multiple adjacent or nearby towers that account for occupant privacy and quality of life, contribute toward a visually interesting skyline, and ensure good compatibility between buildings in dense, urban environments. c) ensure good compatibility with surrounding low and mid -rise contexts. d) ensure that the development of future, adjacent or nearby tall buildings is not frustrated and can continue to achieve high-quality design principles. Design in Cultural Heritage Landscapes 11.C.1.35. New development or redevelopment in a cultural heritage landscape should: a) support, maintain and enhance the major characteristics and attributes of the cultural heritage landscape further defined in the City's 2014 City of Kitchener Cultural Heritage Landscapes; b) support the adaptive reuse of existing buildings; c) be compatible with the existing neighbourhood, including but not limited to the streetscape and the built form; and, d) respond to the design, massing and materials of the adjacent and surrounding buildings. Design in Protected Major Transit Station Areas 11.C.1.36. In addition to the policies in this section, development and/or redevelopment and public works will require a high standard of urban design in Protected Major Transit Station Areas and will require a site-specific urban design brief and/or urban design report in accordance with Section 17.E.10 to demonstrate how the development application exemplifies high quality urban design and will contribute to the public realm and placemaking in the station area and around the station stop. 11.C.1.37. The City will require development and/or redevelopment and public works in the Protected Major Transit Station Area to support and contribute to a high quality public realm. To do this the City will: a) ensure streetscape design supports safe and comfortable walking, cycling and rolling throughout the station area, including to and from transit stops. b) require a high quality public realm at grade which includes sidewalks, street furniture, street trees and landscaping. Where this is not achieved within the public right of way, encourage these placemaking elements to be located on private property or in shared ownership. c) require developments to support, maintain and/or increase the tree canopy, where possible, to support Kitchener's Sustainable Urban Forestry Strategy. d) Encourage Low Impact Development ("LID") water management techniques, including materials and plantings that have a high infiltration rate within Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 224 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together boulevards and setbacks, to reduce the impact on the city's stormwater management system; e) encourage landscape screening between the public right of way and any visible surface parking, loading/service areas or back of house functions. f) encourage pedestrian shelter and bicycle parking along streets that connect to transit stops and/or contain existing or planned active transportation infrastructure. g) encourage direct connections from private and public development to existing and proposed active transportation infrastructure, such as public trails; h) encourage the provision of public open spaces, public art, wayfinding, and other creative placemaking interventions in private developments; and, i) require active transportation connections and mid -block connections through development and/or redevelopment, where appropriate. Add new Policies 12.C.1.50 to 12.C.1.53 to Section 12: Cultural Heritage Resources as follows: Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape 12.C.1.50. Policies 12.C.1.51 through 12.C.1.53 apply to lands identified as Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape on Map 9 — Cultural Heritage Resources. 12.C.1.51. The Cedar Hill and Schneider Creek Neighbourhood contains several Priority Locations at gateway locations which facilitate views into and out of the neighbourhoods, accentuating the unique topography of Cedar Hill interfacing with existing low density residential uses on local streets. They include: a) the intersection of Charles Street East and Cedar Street looking to the southwest; b) the intersection of Courtland Avenue East and Cedar Street looking to the northeast; c) the intersection of Courtland Avenue East and Madison Avenue North looking to the northeast; d) the intersection of Courtland Avenue East and Peter Street looking to the northeast; e) the intersection of Charles Street East and Eby Street looking to the southwest; f) the intersection of Benton Street at St. George Street looking to the southeast; and, g) the intersection of Benton Street at Church Street looking to the southeast. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 225 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together Corner properties framing the above referenced intersections are identified as being Property of Specific Cultural Heritage Landscape Interest. In these locations, consideration will be giving to transition of built form to protect and enhance views of the hill and the local streetscape features characteristic of this neighbourhood. New development and/or redevelopment should appropriately frame the intersection, especially where a building of cultural heritage interest is located at the corner. 12.C.1.52. The view atop Cedar Hill from Cedar Street looking to the southwest is a unique view from the Cedar Hill Schneider Creek Neigbourhood of the City and of the countryside beyond. Properties contained within Cedar Hill viewshed are identified as being Property of Specific Cultural Heritage Landscape Interest. The City will regulate building height, setbacks and built form along Cedar Street and along Courtland Avenue East to protect and enhance this view. The City will also encourage and support enhancements to the public realm in the location atop of Cedar Hill to contribute and enhance the pedestrian experience and enjoyment of the view. 12.C.1.53. The principal facades of buildings and park frontages will be encouraged to locate and orient themselves at the termination of a street or view corridor or at a street intersection, in order to support and enhance the significance of the Priority Location or the view or vista. "LAND USE CATEGORY" and "LAND USE DESIGNATION" for "Urban Growth Centre (Downtown)" on Figure 9 is proposed to be deleted and replaced as follows: 41 IV Strategic Growth Area A Strategic Growth Area Strategic Growth Area B Strategic Growth Area C Policy 15.D.2 is renamed to "Strategic Growth Area" and the text after "Preamble" is replaced as follows: 15.D.2 Strategic Growth Area Preamble Strategic growth area land use designations are applied within the Urban Growth Centre and Protected Major Transit Station Areas, which are Intensification Areas that will be planned and designed to meet the needs of all who live, work, and visit here. These lands will provide opportunities for all housing types and a range of commercial, employment and institutional uses to create complete communities. Strategic growth areas include lands within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. These areas will accommodate a significant portion of Kitchener's growth. Strategic growth areas will prioritize housing and employment growth, sustainability, active transportation and public transit, and high-quality urban design. The whole of the Downtown is identified as an Urban Growth Centre in both the Province's A Place to Grow: Growth Plan for the Greater Golden Horseshoe and the Regional Official Plan which demonstrates the importance of Kitchener's Downtown. The Urban Growth Centre Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 226 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together (Downtown) will accommodate a significant portion of the city's new population and employment g rowth . Strategic growth areas include three land use designations: Strategic Growth Area A; Strategic Growth Area B; and Strategic Growth Area C. Existing Policies 15.2.1 is proposed to be amended as follows: Objectives 15.2.1. To create and maintain vibrancy, connection and belonging in strategic growth areas. Existing Policy 15.2.4 is inserted between 15.2.1 and 15.2.3 and proposed to be amended as follows. Subsequent policies are renumbered accordingly. 15.2.2. To increase all forms of residential development in strategic growth areas. Existing Policies 15.2.2 and 15.2.3 are proposed to be amended as follows: 15.2.3. To encourage non-residential uses that support complete communities. 15.2.4. To support King Street within the Downtown as a primary retail and events destination. Existing Policy 15.2.5 is proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policy 15.2.9 is proposed to be amended as follows: 15.2.8. To promote the effective use of existing infrastructure by attracting and encouraging more residents and jobs to strategic growth areas. Existing Policy 15.2.10 is proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policies 15.2.11 and 15.2.12 are proposed to be amended as follows: 15.2.9. To support the Downtown as a centre for government, arts, culture, entertainment, and events. 15.2.10. To create and maintain walkable, cyclable, and rollable strategic growth areas. Existing Policy 15.D.2.1 is proposed to be amended as follows; existing Policy 15.D.2.2 is proposed to be deleted and replaced as follows; existing Policies 15.D.2.3 and 15.D.2.4 are proposed to be amended as follows; and new Policies 15.D.2.5, 15.D.2.6, 15.D.2.7, and 15.D.2.8 are inserted as follows. Subsequent policies are renumbered accordingly. Policies Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 227 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together 15.D.2.1. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, as shown on Map 3 and Map 4, will be the primary focus areas in the city for intensification. 15.D.2.2. The Strategic Growth Area land use designation will only apply to lands identified on Map 2 as Urban Growth Centre (Downtown) or Protected Major Transit Station Areas. The City may apply the Strategic Growth Area land use designations to other areas though a future City -initiated process. 15.D.2.3. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned: a) as a focal area for public gatherings, institutions, and services, as well as commercial, recreational, cultural, and entertainment uses; b) to accommodate and support major transit infrastructure; c) to serve as a high density major employment location that will attract provincially, nationally and internationally significant employment uses; d) to accommodate a significant share of the city's population and employment growth; and, e) to provide services and amenities to attract population growth. 15.D.2.4. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be planned for continued commercial viability and all other land use designations allowing commercial development will have regard for and in no way compromise this planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.5. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variance(s) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built -form; c) lot area and consolidation as further outlined in Policy 3.C.2.11; d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8; and, f) technical considerations and other contextual or site specific factors. 15.D.2.6. The implementing zoning may regulate matters related to built form including, but not limited to, building length, floor plate area, on-site separation between buildings, and off-site separation between buildings. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 228 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together 15.D.2.7. Large scale developments will be expected to provide appropriate landscaping in accordance with the City's Urban Design Manual through the Site Plan Control process. 15.D.2.8. In a Heritage Conservation District, where there is a conflict between the policies in this land use designation and the Heritage Conservation District Plan, the Heritage Conservation District Plan will prevail. Existing Policies 15.D.2.5, 15.D.2.6, 15.D.2.7, 15.D.2.8 and 15.D.2.10 are proposed to be amended as follows: General Uses 15.D.2.9. The City will direct new major office and major institutional developments to locate within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.10. The City will discourage the development or retention of some uses within or in close proximity to the Downtown and Protected Major Transit Station Areas which would conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.11. The City will encourage the development and retention of food stores within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.12. The Citywill encourage the development of retention of institutional uses and cultural facilities within the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas. 15.D.2.14. New predominantly auto -exclusive uses such as car washes, drive-through facilities, gas stations, the sale and/or repair of motor vehicles and commercial parking facilities will only be permitted in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas on the basis of a site-specific amendment to this Plan. In considering applications for site-specific Official Plan amendments, such applications will need to demonstrate the following: a) The use can maintain consistency with the objectives of this Plan, and in particular the objectives of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas; b) will not conflict with the planned function of the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas, and will not preclude the intensification of the site; c) maintains the planned scale of the urban environment; d) gives priority to the comfort, safety and efficient movement of pedestrians and cyclists. e) the use conforms to the Urban Design Policies of this Plan and to the Urban Design Manual; and, f) in the case of drive-through facilities: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 229 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together i) must be located within a mixed use building or a multi -unit building; ii) the drive-through facility does not conflict with the planned character of the area by accommodating the operational and functional requirements of the drive-through facility; iii) does not conflict with the planned urban design and architectural characteristics of the predominant uses on the site in a mixed use development; and iv) ensures that if co -located in a mixed use development, which includes residential uses and/or office uses, the proposed drive-through facility does not compromise the use and enjoyment of outdoor amenity areas, impact other uses on the site as a result of noise and odour effects and, does not affect the functional support systems for the other uses on the site, including loading, refuse pick-up, on-site visitor and resident/tenant vehicular and pedestrian circulation, access and egress. New Policy 15.D.2.15 is proposed to be inserted after Policy 15.D.2.14 as follows: 15.D.2.15. The City recognizes that new sensitive uses will be introduced through development and redevelopment within areas historically designated for industrial employment. The City anticipates the eventual relocation of existing industrial uses. In the interim, new sensitive uses should prioritize sensitivity to existing industrial uses, acknowledging their unique operational requirements. Emphasizing land use compatibility, development applications for new sensitive uses should proactively engage with industrial stakeholders to address potential conflicts and implement measures that enable coexistence until a full land use transition is realized. Existing Policy 15.D.2.18 is proposed to be amended as follows: 15.D.2.23. The City may limit the height of buildings along King Street to conserve a historical main street condition intended to serve a public realm where frequent large scale events and celebrations are held. Existing Policy 15.D.2.19 including the "Bonusing" header is proposed to be deleted. New Policies 15.D.2.24 and 15.D.2.25 including the "Parkland" header is proposed to be inserted as follows. Subsequent policies are renumbered accordingly. Parkland 15.D.2.24. New parks and active or passive recreational uses will be permitted within any Strategic Growth Areas land use designation. 15.D.2.25. As a part of the required parkland dedication, land dedication will be encouraged over alternative forms such as cash -in -lieu for the creation of new public parks. Existing Policies 15.D.2.20 and 15.D.2.22 are proposed to be amended as follows: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 230 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together 15.D.2.26. The Urban Growth Centre (Downtown) and Protected Major Transit Station Areas will be part of an integrated provincial, regional and city transportation system while at the same time provide a transit -oriented, pedestrian -friendly and walkable environment. 15.D.2.28. Where new parking spaces are proposed to be developed in combination with all new development or redevelopment, the City will: a) encourage owners/applicants to utilize Transportation Demand Management (TDM) measures; b) encourage parking structures that are integrated with other uses as the desired form of parking; c) encourage off-street parking to be located away from and/or screened from the view of the public realm; and, d) discourage the creation of new surface parking lots and commercial parking facilities. Existing Policy 15.D.2.23 is proposed to be amended as follows: Cultural Heritage Resources 15.D.2.29. All development or redevelopment will embrace, celebrate and conserve the Cultural Heritage Resources in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas and will be subject to the Cultural Heritage Resources Policies in Section 12 and subject to any other supporting documents, adopted by Council, including Heritage Conservation District Plans. Existing Policy 15.D.2.24 is proposed to be deleted. Existing Policies 15.D.2.27, 15.D.2.28, and 15.D.2.32 are proposed to be amended as follows: 15.D.2.32. A high quality of urban design will be expected of the buildings, building elevations, building massing, storefronts, store signs, patios, streetscapes and public spaces to enhance street life and create local pride and interest as well as tourism interest. The City will encourage innovation and architectural excellence in urban development. 15.D.2.33. The City will prepare and maintain Urban Design Guidelines for the Downtown and Protected Major Transit Station Areas that will provide new guidelines and standards for new buildings, new storefronts, storefront modifications, new outdoor patios and will also address such elements as the streetscape, massing of buildings, architecture, cultural heritage resource conservation, public art, signage, and the landscaping of private property abutting green areas. 15.D.2.37. Where new development or redevelopment is proposed at the edge of a strategic growth area land use designation, the scale and massing will consider compatibility with and transition to the adjacent land use designation. Existing Policy 15.D.2.33, including the "Green Areas" header, is proposed to be deleted. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 231 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together New Policies 15.D.2.38, 15.D.2.39, and 15.D.2.40, including the "Priority Streets" header are proposed to be inserted as follows. Subsequent policies are renumbered accordingly. Priority Streets 15.D.2.38. The City may identify street segments within the Strategic Growth Area land use designation as priority streets. The Zoning By-law may provide additional regulations for priority streets. 15.D.2.39. The following will be considered in identifying priority streets: a) proximity to rapid transit and high frequency transit corridors; b) proximity to major trip generators; and, c) walking, rolling, and cycling connectivity between Rapid Transit station stops, key destinations, active uses, cultural facilities, and community infrastructure. 15.D.2.40. The City may require pedestrian refuge for development and redevelopment along priority streets. Within Section 15.D.2, header "Land Use Designations" inclusive of subsequent text, header "City Centre District" inclusive of subsequent text, Policies 15.D.2.34 through 15.D.2.41, header "Civic District" inclusive of subsequent text, Policies 15.D.2.42 through 15.D.2.48, header "Innovation District" inclusive of subsequent text, Policies 15.D.2.49 through 15.D.2.56, header "Market District" inclusive of subsequent text, and Policies 15.D.2.57 through 15.D.2.63 are proposed to be deleted and the following is proposed to be inserted as follows: Land Use Designations The City's strategic growth areas include three lands use designations: Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C. Strategic Growth Area A The Strategic Growth Area A land use designation is generally intended to accommodate intensification within existing predominantly low-rise residential neighbourhoods, lands further away from Rapid Transit station stops, and/or lands where existing lots are generally too small to support high rise buildings. It is anticipated that the majority of development and/or redevelopment will occur through infill including missing middle housing and compatible non-residential uses. 15.D.2.41. The Strategic Growth Area A land use designation will accommodate a range of low and medium density residential housing types including those permitted in the Low Rise Residential and Medium Rise Residential land use designation. 15.D.2.42. Where compatible, permitted non-residential uses within the Strategic Growth Area A land use designation may include the following: a) commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, and light repair operations; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 232 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together b) personal services; c) offices; d) health-related uses such as health offices and health clinics; e) institutional uses such as daycare facilities, religious institutions, community facilities, and educational establishments; f) social service establishment; and, g) studio and artisan -related uses. 15.D.2.43. To ensure compatibility, the implementing zoning may limit the full range and scale of uses listed in Policy 15.D.2.42. 15.D.2.44. No building will exceed 8 storeys in height. The implementing zoning may permit maximum building heights of less than 8 storeys. 15.D.2.45. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.37, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. On these lands, a Zoning By-law Amendment will be required for a building more than 4 storeys in height. 15.D.2.46. A minimum Floor Space Ratio of 0.6 will apply to all development and redevelopment. The implementing zoning may exempt single detached dwellings, additional dwelling units, semi-detached dwellings, street townhouse dwellings, and low-rise multiple dwellings from the minimum Floor Space Ratio. Strategic Growth Area B The Strategic Growth Area B land use designation is intended to accommodate significant intensification at building heights between those in the Strategic Growth Area A land use designation and those in the Strategic Growth Area C land use designation. Lands designated Strategic Growth Area B are also intended to serve as a transition between Low Rise Residential Uses on lands within the Strategic Growth Area A designation, and medium and high density uses within the Strategic Growth Area C designation. Some areas within the Strategic Growth Area B land use designation contain smaller lots and/or existing Low Rise Residential Uses. While significant intensification is planned for these lands, the implementing zoning may restrict building heights as an interim measure to ensure orderly development through a development application. 15.D.2.47. The Strategic Growth Area B land use designation will accommodate a range of medium and high density residential housing types including those permitted in the Medium Rise Residential and High Rise Residential land use designations. 15.D.2.48. Permitted non-residential uses within the Strategic Growth Area B land use designation may include the following: a) compatible commercial uses such as, but not limited to, retail, commercial entertainment, restaurants, financial establishments, hotels, and light repair operations; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 233 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together b) personal services; c) office; d) exhibition and/or conference facilities; e) health-related uses such as health offices and health clinics; f) institutional uses such as hospitals, daycare facilities, religious institutions, community facilities, and educational establishments; g) social service establishment; and, h) studio and artisan -related uses. 15.D.2.49. No building will exceed 25 storeys in height. The implementing zoning may permit maximum building heights of less than 25 storeys. 15.D.2.50. Where the implementing zoning does not permit the maximum building height outlined in Policy 15.D.2.42, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. On these lands, a Zoning By-law Amendment will be required for a building more than 10 storeys in height. 15.D.2.51. A minimum Floor Space Ratio of 1.0 will apply to all development and redevelopment. The implementing zoning may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements. Strategic Growth Area C The Strategic Growth Area C land use designation is intended to accommodate significant intensification at high density. Lands designated Strategic Growth Area C are generally centrally located within Intensification Areas and/or represent redevelopment opportunities at higher density. It is anticipated that some areas within the Strategic Growth Area C land use designation will require the assembly of lands for development. Further, some lands designated Strategic Growth Area C are adjacent to lands planned for medium density uses or which contain existing Low Rise Residential Uses. As such, the implementing zoning may restrict building height as an interim measure to ensure orderly development through a development application demonstrating that the policies of this plan are met. 15.D.2.52. Permitted uses may include those permitted in the Strategic Growth Area B land use designation. 15.D.2.53. Lands designated Strategic Growth Area C may have no maximum building height. The implementing zoning may limit building heights. 15.D.2.54. Where the implementing zoning has a maximum building height in accordance with Policy 15.D.2.46, the City may consider site specific increases to the permitted building height in accordance with Policy 15.D.2.5. 15.D.2.55. A minimum Floor Space Ratio of 2.0 will apply to all development and redevelopment. The implementing zoning may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 234 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together Existing Policies 15.D.2.64 through 15.D.2.69 (inclusive of headers) are proposed to be deleted. Existing Policies 15.D.4.1, 15.D.4.13, 15.D.4.15, and 15.D.4.17 are proposed to be amended as follows: 15.D.4.1. Lands designated Mixed Use are located within a City Node, a Community Node, a Neighbourhood Nodes or a , Urban Corridor as identified on Map 2. Accordingly, the applicable Urban Structure in Section 3.C.2 will also apply. 15.D.4.13. Individual freestanding retail outlets will be restricted to a maximum gross floor area of: a) 5,000 square metres within lands designated Mixed Use identified as a City Node or Community Node on Map 2. b) 3,500 square metres within lands designated Mixed Use identified as a Neighbourhood Node on Map 2. 15.D.4.15. Notwithstanding the gross floor area restrictions of Policies 15.D.4.13 and 15.D.4.14, the City may: a) permit food store outlets of up to a maximum gross floor area of 10,000 square metres within lands designated Mixed Use identified as a City Node or Community Node on Map 2 in both freestanding buildings and mixed use developments provided that all applicable policies within this land use designation are satisfied. b) permit food store outlets of up to a maximum gross floor area of 5,000 square metres within lands designated Mixed Use identified as an Urban Corridor on Map 2, if the food store outlet is located in a mixed use development and provided all applicable policies within this land use designation are satisfied. 15.D.4.17. The Floor Space Ratio requirements for all new residential or mixed use building development or redevelopment within lands designated Mixed Use will be as follows: a) A minimum Floor Space Ratio of 0.6 and a maximum of Floor Space Ratio of 1.0 on lands within a Neighbourhood Node on Map 2. b) A minimum Floor Space Ratio of 0.6 and a maximum Floor Space Ratio of 2.0 on lands within a City Node, Community Node, or Urban Corridor on Map 2. Further to the above, the implementing zoning will consider and may contain transition regulations to facilitate and permit lands to ultimately meet the minimum Floor Space Ratio requirements as noted above. Existing Policies 15.D.4.20 and 15.D.4.21 are proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policies 15.D.12.18 is proposed to be deleted and replaced with new Policy 15.D.12.18 as follows: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 235 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together 15.D.12.18. 301 Victoria Street South Notwithstanding the Major Infrastructure and Utilities land use designation which applies to the lands located on the block generally bounded by Patricia Avenue, Victoria Street South, the Grand River Railway, West Avenue and the Henry Sturm Greenway, the executive and administrative offices of Enova Power Corporation located at 301 Victoria Street South and the associated warehousing and outdoor storage uses shall be permitted uses. Existing Policies 15.D.12.28 is proposed to amended as follows: 15.D.12.28. Glasgow Street/Strange Street a) Notwithstanding the Strategic Growth Area C land use designation on lands located near the southwesterly corner of Glasgow Street and Strange Street, the continuation of the existing industrial and commercial parking facility uses will be permitted until such time as the site transitions into uses permitted by the land use designation. The transition of the site may occur in phases. b) A Holding provision pursuant to Section 17.E.13 will apply to residential uses, day care uses and other sensitive uses. The Holding provision will not be removed until such time as a Record of Site Condition has been acknowledged by the Province and a release has been issued by the Region. Existing Policies 15.D.12.39 and 15.D.12.54 are proposed to be deleted and replaced with new Policies 15.D.12.39 and 15.D.12.54 as follows: 15.D.12.39. 607-641 King Street West Notwithstanding the Strategic Growth Area C land use designation and policies: a) Retail uses shall be permitted to have a maximum gross floor area of 10,000 square metres. b) Prior to development and/or redevelopment of the lands municipally addressed as 607-641 King Street West, a Master Plan will be required to be completed and approved by the City. The Master Plan will be required to be updated and approved by the City through the City's Site Plan Approval Process prior to and in conjunction with each stage of development and/or redevelopment. Substantial deviation from the approved Master Plan will require Council approval. 15.D.12.54. 79 Joseph Street Notwithstanding the Open Space land use designation and policies on the lands municipally known as 79 Joseph Street, office uses will also be permitted. New Policy 15.D.12.69 is proposed to be inserted as follows: 15.D.12.69. 1668 King Street East Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 236 of 415 Official Plan Policies Proposed to be Amended as part of Growing Together The maximum permitted floor space ratio shall be 7.6. Existing Policies 16.D.1.1 and 16.D.1.2 are proposed to be deleted and subsequent policies are renumbered accordingly. Existing Policy 16.D.1.3 is proposed to be amended as follows: 16.D.1.1. The following Secondary Plans are deferred and do not form part of this Official Plan: a) North Ward Secondary Plan b) Central Frederick Secondary Plan c) Rosenberg Secondary Plan The land use policies and land use designations in the Secondary Plans contained in Part 3, Section 13 of the 1994 City of Kitchener Official Plan, as amended, continue to apply until such time as the Secondary Plans are reviewed and adopted as part of this Official Plan. Existing Policy 17.E.6.7 is proposed to be deleted. The entirety of Section 17.E.17 Bonusing Provisions is proposed to be amended as follows: 17.E.17 Bonusing Provisions Deleted Add new Glossary Term for Priority Street to Part F — Schedule A Priority Street — streets with buildings that contain a mix of non-residential ground floor uses that help achieve complete communities by creating engaging and activated pedestrian places. These places contribute to an enhanced streetscape and pedestrian realm by creating a visually stimulating pedestrian experience. Regulations contained within the City's Zoning By-/awthat may guide the implementation of priority streets that includes, but is not limited to: minimum ground floor fagade heights; minimum fagade openings; minimum amount of active uses at the street level; and/or restrictions on the location of vehicular parking. 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O L(D �'5< E E C \ O 0 oao v, aawma)E ppm \ Q z�oa c Umo rima vE QQw�LrO Q ° a ,vju o w_ « ¥ §§B ± I o� a� ee } � a S[ w ¥ J/ r J y \0 }/ \® �® ) \±{ \)/ LU ° )�.)})� \/ \\ R (0 � . \\\ ut«8s 22±552%2± a« zj§ > : %§\ § §l:2o:&e��:£ t {& ):Itzl:�f)/2®)�) {;E :_ ) ®`) (\{}/)}kf?){\2/) r®» © :_ : aa�=22«z ) ) }\/\71;D. ja\61E _ ^ : \ \ ( () D w I j1AIIAl F\\\{ \\\ ,vju o w_ « ¥ §§B ± I o� a� ee } � a S[ w ¥ J/ a +% ) >E d : a,J / ~ 9 c �« « © � ® ! � \ \ \ % r J \ LU )�.)})� 0 a +% ) >E d : a,J / ~ 9 c �« « © � ® ! � \ \ \ % Zoning By-law Sections Proposed to be Amended as part of Growing Together How to read this document? This document lists all proposed text changes to the City's Zoning By-law 2019-051 as part of the Growing Together project. Text in red is new text proposed to be added to the Zoning By-law. Text with a strokethre6ig4 is proposed to be deleted from the Zoning By-law. The following Sections of the Zoning By-law are proposed to be amended: o Section 2 — Interpretation, Classification, and Limits of Zones o Section 3 — Definitions o Section 4 — General Regulations o Section 5 —Parking, Loading, and Stacking o Section 6 — Strategic Growth Area Zones (SGA) o Section 18 —Transition Provisions o Section 19-21 — Site Specific Provision, Holding Provisions, & Temporary Use Provisions Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 241 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 2 Interpretation, Classification, and Limits of Zones Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 242 of 415 SECTION 2 Page 1 of 4 SECTION 2 — Interpretation, Classification, and Limits of Zones 2.1 INTERPRETATION 2.1.1 Word Usage a) Words used in the present tense include the future; words in the singular include the plural; words in the plural include the singular. b) The word "shall" is to be construed as being always mandatory and requires full compliance. The word "may" is to be construed as being permissive. C) The word "herein" shall mean "in this By-law" and shall not be limited to any particular section of this By-law. d) Where a section or provision of this By-law is noted as "reserved", the purpose is to leave space for possible future amendments to this By-law. For greater certainty, the word "reserved" is inserted for convenience of reference only, and does not form part of this By-law. 2.1.2 Defined Terms Italicized terms herein are defined in Section 3. Defined terms are intended to capture both the singular and plural forms of these terms. For non -italicized terms, the grammatical and ordinary meaning of the word applies. Terms may be italicized only in specific regulations; for these terms, the defined meaning applies where they are italicized and the grammatical and ordinary meaning applies where they are not italicized. Where a defined term in Section 3 is listed in a different order than it appears elsewhere in this By-law, it is done for the ease and convenience of locating and identifying the term with other like terms. 2.1.3 References to Acts Where any legislation or portion thereof is referenced herein, it is intended that such references should be interpreted to include any subsequent legislation and related regulations that may amend or replace the specific statute. 2.1.4 Use of Tables The uses permitted in a zone are noted in a permitted use table by the symbol `✓'. Within a permitted use table, a blank cell means the use is not permitted in that zone. Within a regulations table, a blank cell means no regulation applies. A number in brackets in a table indicates that one or more additional regulations apply. Within a table, the notation `GFA' shall mean gross floor area, the notation `%' shall mean percent, the notation `n/a' shall mean not applicable, the notation `m' shall mean metres, and the notation 11m2" shall mean square metres. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 243 of 415 SECTION 2 Page 2 of 4 2.2 ZONES, ZONING GRID SCHEDULES, AND APPENDICES 2.2.1 Reference to Zone Categories Sections 6 through 16 comprise different zone categories that include one or more zones. A reference made to a zone category includes all zones within that zone category. A zone or zone category may be referred to by the following symbols: 1 Irh.er, Gra; th Gerg+re ( lGG) Zenec Strategic Growth Symbol Area (SGA) Zones RtQr,tQpxtQaStrategic Growth Area One Zone RLQs;LQpAtQaSGA-1 Strategic Growth Area Two Zone SGA -2 Strategic Growth Area Three Zone SGA -3 Strategic Growth Area Four Zone SGA -4 Residential (RES) Zones Symbol Low Rise Residential One Zone RES -1 Low Rise Residential Two Zone RES -2 Low Rise Residential Three Zone RES -3 Low Rise Residential Four Zone RES -4 Low Rise Residential Five Zone RES -5 Medium Rise Residential Six Zone RES -6 High Rise Residential Seven Zone RES -7 Mixed Use (MIX) Zones Symbol Mixed Use One MIX -1 Mixed Use Two MIX -2 Mixed Use Three MIX -3 Commercial (COM) Zones Symbol Local Commercial COM -1 General Commercial COM -2 Arterial Commercial COM -3 Commercial Campus COM -4 Employment (EMP) Zones Symbol Neighbourhood Industrial Employment EMP -1 General Industrial Employment EMP -2 Heavy Industrial Employment EMP -3 Service Business Park Employment EMP -4 General Business Park Employment EMP -5 Institutional (INS) Zones Symbol Neighbourhood Institutional INS -1 Major Institutional INS -2 Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 244 of 415 SECTION 2 Agriculture (AGR) Zones Symbol Prime Agriculture AGR -1 Rural AGR -2 Natural Conservation (NHC) Zones Symbol Natural Conservation NHC-1 Existing Use Floodplain (EUF) and Future Use Symbol (FTR) Zones Existing Use Floodplain EUF-1 Future Use FTR-1 Open Space and Recreation (OSR) Zones Symbol Recreation OSR-1 Open Space: Greenways OSR-2 Open Space: Stormwater Management OSR-3 Major Infrastructure and Utility (MIU) Zones Symbol Major Infrastructure and Utility MIU-1 2.2.2 Zoning Grid Schedules Page 3 of 4 a) The location, extent, and boundaries of all zones are shown on Appendix A. b) The location, extent, and boundaries of overlays are shown on Appendix A with a hatching over top of the underlying zones. C) The location, extent, and boundaries of site specific provisions are shown on Appendix A where a zone symbol is followed by a number in parentheses. d) The location, extent, and boundaries of holding provisions are shown on Appendix A where a zone symbol is followed by a number and the letter "H" in parentheses. e) The location, extent, and boundaries of temporary use provisions are shown on Appendix A where a zone symbol is followed by a number and the letter "T" in parentheses. 2.2.3 Grand River Conservation Authority Regulated Area The Grand River Conservation Authority Regulated Area is delineated on Appendix B and illustrates areas that may be regulated in accordance with the Conservation Authorities Act. The actual regulated area may differ from the area shown on Appendix B. 2.3 LIMITS OF ZONES When determining the boundary of any zone as shown on Appendix A, the following shall apply: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 245 of 415 SECTION 2 Page 4 of 4 a) a boundary indicated as following a street, lane, railway right-of-way, utility corridor, or watercourse shall be the centre -line of the applicable feature and the applicable feature shall be included within the zone of the adjoining lot(s) on the sides thereof; b) a boundary indicated as following lot lines on the date of passage of this By-law or the municipal boundaries of the city shall follow such lot lines or boundary; and, C) where a boundary is left uncertain after reference to Subsections i) and ii), the boundary shall be determined either figures contained in site specific provisions or holding provisions or scaled from Appendix A. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 246 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 3 Definitions Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 247 of 415 SECTION 3 SECTION 3 — Definitions 0 Page 1 of 24 Access Aisle — means the space abutting parking spaces or bicycle parking stalls for pedestrian access to vehicles. Accessory — means a use or building that is commonly incidental, subordinate, and exclusively devoted to the principal use(s) or primary building(s) situated on the same lot. Adult Sex Film Theatre — means the use of a building for the making or showing of films classified as adult sex film by the Ontario Film Review Board. Agriculture — means the use of a premises for the growing of crops including nursery, biomass, and horticultural crops; raising of livestock; raising of other animals for food, fur or fibre, including poultry and fish; aquaculture; apiaries; agro-forestry; maple syrup production; vertical farming; and associated on-farm buildings and structures, including livestock facilities, manure storages, and value -retaining facilities. Agriculture can include equestrian establishment. Agriculture -Related — means the use of a premises for commercial and industrial purposes that are directly related to and support agriculture, benefit from being in close proximity to farm operations, and provide direct products and/or services to farm operations as a primary activity. Agriculture -related can include storage or processing of food grown in the area, and farm input supplies such as feed, seeds, and fertilizer. Amusement Park — means the use of a premises where rides, slides, play facilities, and games of chance or skill are provided for public amusement, and can include a water park, go-kart track, paintball facility, and miniature golf facility. Angled Parking Space — see Parking Space, Angled Animal Shelter — means the use of a premises where lost, abandoned, or rescued animals are boarded for the purposes of care, claiming, or adoption. Architectural Features — means decorative features of a building such as window sills, chimney breasts, belt courses, cornices, parapets, and/or eaves. Artisan's Establishment — means the use of a premises for the making, study, or instruction of a performing or visual art; or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker, or tailor. Artisan's establishment shall not include an adult sex film theatre. Additional Dwelling Unit (Attached) — see Dwelling Unit (Attached), Additional Additional Dwelling Unit (Detached) — see Dwelling Unit (Detached), Additional Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 248 of 415 SECTION 3 Page 2 of 24 Attic — means the uninhabitable portion of a building or structure that is immediately below the roof and wholly or partially within the roof framing, having an interior height of 1.8 metres or less. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is considered to be a storey. Automotive Detailing and Repair Operation — see Repair Operation, Automotive Detailing and A Back -to -Back Townhouse Dwelling — see Dwelling, Back -to -Back Townhouse Base — means the ground floor and immediate floors above the ground floor of a building that form the bottom section or podium of a mid -rise building or tall building. Bed and Breakfast — means a home occupation that provides overnight accommodation of the traveling public, or temporary living accommodations, and shall not include a hotel, lodging house, or group home. Below Grade — means any portion of a building where the finished grade meets the exterior wall at an elevation not more than 0.5 metres below the elevation of the underside of an interior ceiling and the maximum slope taken from the closest lot line is not more than 18 degrees (3:1 slope). In the case where a retaining wall has been installed to meet these criteria, that portion of the building shall in no way be considered to be below grade. Bicycle Locker — means an individual bicycle storage unit that is weather protected, enclosed, and has a controlled access system. Bicycle Parking Stall — means a Class A bicycle parking stall and a Class B bicycle parking stall. Bicycle Parking Stall, Class A — means a bicycle locker or an enclosed, secure area with controlled access in which a bicycle may be parked and secured for the long term in a stable position with at least one point of contact with the frame of the bicycle. Bicycle Parking Stall, Class B — means an area in which a bicycle may be parked and secured for the short term in a stable position with two points of contact with the frame of the bicycle. Biotechnological Establishment — means the use of a premises for the research, development, application, and production of bio -organisms, which may or may not be used in a manufacturing process, but shall not include the slaughtering, eviscerating, rendering, or cleaning of meat, poultry, fish, or by-products thereof; animal husbandry; or the raising of animals. Bonus Value — means additional floor space ratio or building floor area that may be provided on a lot in exchange for facilities, services, or matters that benefit the community. `Additional' means floorspace ratio or building floor area beyond what is permitted by the maximum base floorspace ratio in a zone. Brewpub — means the use of a building for the small-scale production of beer, wine, cider, and/or spirits in conjunction with a restaurant. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 249 of 415 SECTION 3 Page 3 of 24 Building — means a structure occupying an area equal to or greater than 10 square metres and consisting of any combination of walls, roof, and floor, but shall not include a shipping container. Building, Low -Rise — means a building between 1 and 3 storeys. Building, Mid -Rise — means a building between 4 and 8 storeys. Building, Tall — means a building of 9 or more storeys. Building Floor Area — means the aggregate horizontal floor area measured from the exterior walls of all storeys of a building excluding any floor area located below grade. The midpoint of a common wall shall be considered the face of the exterior in the case of common walls located on a lot line. Building Height — means the vertical distance between the highest elevation of the finished ground immediately surrounding the perimeter of the building and the uppermost point of the building. For all uses except a single detached dwelling with or without additional dwelling unit(s) (attached), at no point shall the vertical distance between the lowest elevation of the finished ground immediately surrounding the perimeter of the building and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone. Building Length — means the horizontal measurement of any facade of a building. Building Material and Decorating Supply Establishment — means the use of a premises for third party wholesale distribution of lumber and/or building supplies including roofing, masonry, plumbing, heating, electrical, paint, and similar items. Building material and decorating supply establishment shall not include a home improvement store. Bulk Fuel and Oil Storage Establishment — means the use of a premises for the bulk storage or third party wholesale distribution of gasoline, oil, petroleum products, or other flammable liquids, but shall not include a gas station. C Campground — means the use of a premises for the temporary accommodation of the travelling public in major recreational equipment, or tents for recreational use. Canine and Feline Grooming Establishment — means a home occupation for the grooming of dogs and/or cats, including bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming, but shall not include pet boarding, pet services establishment, or veterinary services. Car Wash — means the use of a premises for the cleaning of motor vehicles, but shall not include the cleaning of commercial vehicles. An automatic car wash shall be considered a drive-through facility, and can include stacking lanes. Catering Service Establishment — means the use of a premises for the preparation of food or beverages on-site, strictly for the consumption of these products off-site. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 250 of 415 SECTION 3 Page 4 of 24 Cemetery — means the use of a premises for the interment of human remains and includes a mausoleum, columbarium, or other structure intended for the interment of human remains. A cemetery shall not include a crematorium. City — means the Corporation of the City of Kitchener. city — means the geographic area comprising Kitchener. Class A Bicycle Parking Stall — see Bicycle Parking Stall, Class A Class B Bicycle Parking Stall — see Bicycle Parking Stall, Class B Cluster Townhouse Dwelling — see Dwelling, Cluster Townhouse Commercial Driver and Training Establishment — means the use of a premises where teaching or instruction of the operation of commercial vehicles and/or heavy equipment is offered. Commercial Entertainment — means the use of a building for the entertainment of the public and can include a cinema; performing arts venue; amusement arcade; billiard room; bowling alley; bingo hall; electronic, laser, or virtual reality game; hall; sport simulators; miniature golf facility; paintball facility; go-kart track; climbing facility; and play facility as well as accessory retail thereto. Commercial entertainment shall not include an adult sex film theatre or amusement park. Commercial Parking Facility — means the use of a premises for the temporary parking of motor vehicles in parking spaces and/or tandem parking spaces. A commercial parking facility shall not include the storage of motor vehicles or any required parking spaces associated with a use. Commercial School — see School, Commercial Commercial Vehicle — see Vehicle, Commercial Commercial Vehicle Wash Facility — means the use of a premises for the cleaning of commercial vehicles. Commercial Water Taking — means a use of a lot where water is extracted from surface or ground water, and where some or all of such extracted water is transported from the site for sale. Community Facility — means the use of a premises for a multi-purpose facility that offers a combination of recreational, cultural, community service and information or instructional programs, and can include a community centre, community space, arena, library, and/or swimming facility. Computer, Electronic, Data Processing, or Server Establishment — means the use of a building for software development and testing, or for the collection, analysis, processing, storage, or distribution of electronic data. Conference, Convention, or Exhibition Facility — means the use of a premises as the place of assembly or venue for intermittent events such as conferences, conventions, exhibitions, seminars, banquets, or product and trade fairs. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 251 of 415 SECTION 3 Page 5 of 24 Continuing Care Community — means the use of a premises that is planned, developed, managed, and operated as a continuum of accommodations and care, and is comprised of a large residential care facility and may contain an independent living facility. Convenience Retail — see Retail, Convenience Corner Lot — see Lot, Corner Corner Visibility Area - means the area formed within a corner lot by two triangles, where the intersecting street lines form the legs of each triangle and the triangles extend from the street line point of intersection. Corner Visibility Triangle — means a triangular area formed within a cornerlot by the intersecting street lines or the projections thereof, and a straight line connecting them from their point of intersection. Correctional Group Home — see Group Home, Correctional Craftsperson Shop — means the use of a premises for the creation, finishing, refinishing, or similar production of custom or hand -made commodities. Creative Products Manufacturing — means the use of a premises that may be made available for community shared use as a maker space to design, proto-type and manufacture products using tools and technological manufacturing equipment such as laser cutters, wateriet cutters, computer numerical control (CNC) routers, 3D printers and 4D systems. Crematorium — means the use of a building for the purpose of cremating human remains that is approved under the Funeral, Burial and Cremation Services Act. Cultural Facility — means the use of a premises for the creation, production, and viewing of arts and culture, and can include a museum, art gallery, performing arts venue, auditorium, exhibition facility, and managed historical sites, but shall not include an adult sex film theatre. Cultural Heritage Resources — means buildings, structures and properties designated under the Ontario Heritage Act or listed on the Municipal Heritage Register; protected by a heritage easement or covenant; properties identified on the Heritage Kitchener Inventory of Historic Buildings; built heritage resources; and cultural heritage landscapes as defined in the Provincial Policy Statement. IC Day Care Facility — means the use of a premises licensed under Provincial legislation to operate a facility for the purpose of providing temporary care for children for a continuous period of time not exceeding twenty-four hours. Day Care, Private Home — means a home occupation that accommodates: a) five children or less where unlicensed under Provincial legislation; or, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 252 of 415 SECTION 3 Page 6 of 24 b) six children or less where licensed under Provincial legislation, at any one time for the purpose of providing temporary care for a continuous period of time not exceeding twenty-four hours. Discarded Motor Vehicle — see Vehicle, Discarded Motor Drive Aisle — means an internal vehicle route immediately adjacent to parking spaces and/or loading spaces, which provides direct vehicular access to and from parking spaces and/or loading spaces, but shall not include a driveway. Drive -Through Facility — means the use of a premises including stacking lanes and an order station with or without voice communication, where products or services are provided through a service window or an automated machine to patrons remaining in their motor vehicle. Driveway — means a vehicle route that provides access from a street or lane to a drive aisle, parking space, or parking lot. Driveway Visibility Triangle — means a triangular area formed within a lot by the intersection of an edge of a driveway and a lot line, or the projections thereof, and a straight line connecting them from their point of intersection. Dwelling — means a building containing one or more dwelling units and can include a single detached dwelling, semi-detached dwelling, street townhouse dwelling, additional dwelling unit (attached), additional dwelling unit (detached), cluster townhouse dwelling, multiple dwelling, small residential care facility, or large residential care facility. Dwelling, Back -to -Back Townhouse — means the use of a building divided vertically into three or more dwelling units by common walls, including a common rear wall, which prevents internal access between dwelling units. Dwelling, Cluster Townhouse — means the use of a building divided vertically into three or more dwelling units by common walls which prevent internal access between dwelling units and extends from the base of the foundation to the roof line. A cluster townhouse dwelling is not a street townhouse dwelling or multiple dwelling. Dwelling, Multiple — means the use of a building containing three or more dwelling units, and can include a stacked townhouse dwelling and back-to-back townhouse dwelling. A multiple dwelling is not a street townhouse dwelling, mixed use building, cluster townhouse dwelling, single detached dwelling with additional dwelling units (attached) or semi-detached dwelling with additional dwelling units (attached). Dwelling, Semi -Detached — means the use of a building divided vertically into two semi-detached dwelling units (as the principal use of the building) by a common wall which prevents internal access between dwelling units and extends from the base of the foundation to the roofline. Each semi-detached dwelling unit shall be designed to be located on a separate lot. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 253 of 415 SECTION 3 Page 7 of 24 Dwelling, Single Detached — means the use of a building containing one dwelling unit as the principal use of the building. 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. Dwelling, Street Townhouse — means the use of a building divided vertically into three or more dwelling units (as the principal use of the building) by common walls which prevent internal access between dwelling units and extends from the base of the foundation to the roofline. Each street townhouse dwelling unit shall be designed to be on a separate lot. Street townhouse dwelling shall not include a cluster townhouse dwelling or multiple dwelling. Dwelling Unit — means the use of a building that contains a room or suite of habitable rooms which: a) is located in a dwelling or mixed use building; b) is occupied or designed to be occupied by a household as a single, independent and separate housekeeping establishment; C) contains both a kitchen and bathroom used or designed to be used for the exclusive common use of the occupants thereof; and, d) has a private entrance leading directly to the outside of the building or to a common hallway or stairway inside the building. Dwelling Unit, Farm -Related — means the use of a dwelling unit that is accessory to agriculture. Dwelling Unit (Attached), Additional — means the use of a single detached dwelling, semi- detached dwelling unit, or street townhouse dwelling unit where a separate self-contained dwelling unit is located within the principal building. Dwelling Unit (Detached), Additional — means the use of a building where a separate self- contained dwelling unit located in a detached building on the same lot as an associated single detached dwelling, semi-detached dwelling unit, or street townhouse dwelling unit. An additional dwelling unit (detached) is not an accessory building. E Electrical Transformer Station — means the use of a premises to manage the transmission and distribution of electrical power that is provided to the public. 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. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 254 of 415 SECTION 3 Page 8 of 24 Elementary School — see School, Elementary Equestrian Establishment — means the use of a premises where horses are boarded, groomed, and/or available for riding and training. Established Front Yard - means a) In the case of a lot that is not a corner lot: the average of the front yards of the abutting lots with a lowrise residential zone and where there is a vacant lot abutting the affected lot, the average of the front yards of the next adjacent lot with a low rise residential zone; and b) in the case of a corner lot: the front yard of the abutting lot with a low rise residential zone, in which the principal pedestrian entrance is oriented towards the same street, and where there is a vacant lot abutting the affected lot, the front yard of the next adjacent lot with a low rise residential zone. Existing — means a currently existing thing that was: a) lawfully existing immediately prior to the date of passage of this By-law; or, b) established in accordance with the Transition Provisions of Section 18. Exterior Side Lot Line — see Lot Line, Exterior Side Exterior Side Yard — see Yard, Exterior Side F Fagade — means an exterior building wall or series of exterior building walls excluding architectural features. Fagade, Street Line — means the facade oriented toward the street line. Fagade Opening — means any window or entrance on a facade which provides clear visibility or access from the outside to goods, exhibits, or the interior spaces of a building. Fagade openings may include materials such as mullions but shall exclude materials such as spandrel. Farm -Related Dwelling Unit — see Dwelling Unit, Farm -Related Fineblanking — means a metal manufacturing process employing a high precision blanking or stamping technique, the finished product of which has smooth or unfractured edges and requires no further machining, and, without limiting the generality of the foregoing, no further grinding, shaving, reaming, or milling. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 255 of 415 SECTION 3 Page 9 of 24 Financial Establishment — means the use of a building which provides financial services in which money is deposited, kept, lent, or exchanged, and can include a bank, trust company, credit union, or other similar banking service, but shall not include a payday loan establishment. Fitness Centre — means the use of a premises in which facilities and activities are provided for physical exercise. Floor Plate Area — means the gross floor area of a storey of a building. Floor Space Ratio — means the figure obtained when the building floor area on a lot is divided by the lot area. In the case of a building or part thereof located above a street or lane, the calculation of the floor space ratio shall include that portion of the building floor area and that portion of the area of the street or lane between the lot line and the centre line of the street or lane. Food Cart — means a vehicle from which food or drink is offered for sale. Food Store — means the use of a premises devoted primarily to the retail of food and food products and can include ancillary non-food products such as toiletries, personal care products, and hardware. Freestanding Retail Outlet — see Retail Outlet, Freestanding Front Lot Line — see Lot Line, Front Front Yard — see Yard, Front Funeral Home — means the use of a building for the preparation of human remains for interment or cremation, for the viewing of the body, and for funeral services. A funeral home shall not include a crematorium. G Garage, Private — means an accessory building, a portion of a dwelling, or a carport which is designed and used for the parking of one or more motor vehicles. Garage Width, Private — means the horizontal distance of a private garage along the street line fagade, measured between the exterior walls, or in the case of an attached private garage that does not project beyond the facade of a dwelling unit, measured from the exterior wall abutting a side yard to the midpoint of the opposite interior wall. Garden Centre, Nursery, and/or Landscaping Supply — means the use of a premises for the retail and display of only plants, trees and shrubs, and gardening and landscaping supplies and equipment. Gas Station — means the use of a premises for the retail of automotive fuel and other auto -related products, but shall not include automotive detailing and repair operation. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 256 of 415 SECTION 3 Page 10 of 24 Golf Course — means the use of a premises for playing golf and can include an indoor or outdoor driving range, a putting green, and similar uses, but does not include a miniature golf facility. Grade — means the elevation of the finished ground or land immediately surrounding such building or structure, and is determined by averaging 6 grade elevations equally spaced apart along the exterior walls of the building. Gross Floor Area — means the aggregate horizontal area measured from the exterior faces of the exterior walls of all storeys of a building (excluding any portion of a storey devoted exclusively to parking) within all buildings on a lot. Ground Floor — means the storey with its floor closest to grade and having its ceiling more than 1.8m above grade. Group Home — means a residential care facility licensed or funded under Federal or Provincial statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides a group living arrangement for their well-being. A group home shall not include a correctional group home. Group Home, Correctional — means a residential care facility licensed or funded under Federal or Provincial statute for the accommodation of 3 to 10 persons, exclusive of staff, that provides housing and rehabilitation for persons on probation, parole, early or re-release, or any other form of executive, judicial or administrative release from a penal institution. A correctional group home shall not include a group home. 11 Health Clinic — means the use of a premises by health professional(s) for the purpose of consultation, diagnosis, and/or treatment of persons. A health clinic can include medical laboratories, dispensaries, or other similar facilities, but shall not include accommodation for in- patient care, or facilities for major surgical practice. Health Office — means a home occupation that is used by health professions/(s) for the purpose of consultation, diagnosis, and/or treatment of persons. Health Professional — means a person who practices any of the health disciplines regulated under a Provincial Act. Heavy Repair Operation — see Repair Operation, Heavy Home Improvement Store — means the use of a premises for the retailing of housewares and a wide range of materials, merchandise, and equipment for construction, home improvement, and home gardening. Home Occupation — means the use of a building for a business that is secondary to the principal use of the building as a dwelling. Hospice — means the use of a building where terminally ill patients receive palliative care treatment in a home -like setting with a maximum of 10 patients at any given time. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 257 of 415 SECTION 3 Page 11 of 24 Hospital — means the use of a premises for the medical care, observation, supervision, and skilled nursing care of persons afflicted with or suffering from sickness, disease, or injury; or for the convalesce of chronically ill persons, that is approved under the Public Hospitals Act or under the Private Hospitals Act. Hotel — means the use of a building for overnight accommodation of the travelling public and includes a motel or motor hotel but does not include a lodging house, small residential care facility, large residential care facility, or bed and breakfast. Hydro Corridor — a utility corridor used for the transmission and distribution of electricity. Industrial Administrative Office — means the use of a building for the management or administration of an employment use. Independent Living Facility — means a multiple dwelling that is part of a continuing care community, and where personal support services may be provided. Indirect Sales — means a home occupation which conducts the sale of goods via mail order, telephone, fax, or internet, but shall not include direct sales or the storage of inventory on site. Indoor Recycling Operation — see Recycling Operation, Indoor Institutional Use — see Use, Institutional Interior Side Lot Line — see Lot Line, Interior Side Interior Side Yard — see Yard, Interior Side J K L Landscaped Area — means any portion of a lot which has no building, that is accessible from a building or street on which the lot is located, and is used for the purpose of landscaping and/or an outdoor swimming pool area. Landscaping — means the landscaped area occupied by natural vegetation, surface walkways, rooftop gardens, patios, decks, playgrounds, pathways, and other similar materials, but shall not include areas for the parking of or access to motor vehicles. Light Rail Transit — means rail system where electrically powered light rail vehicles operate on a track in a segregated, right of way. Lane — means a public highway or road allowance having a width of less than 12.19 metres. Draft — November 2023 www.EnaaaeWR.ca/GrowinaToaether Page 258 of 415 SECTION 3 Page 12 of 24 Large Merchandise Retail — see Retail, Large Merchandise Light Repair Operation — see Repair Operation, Light Loading Space — means a designated area located on a lot that is used or intended to be used for the temporary parking of any commercial vehicle while loading or unloading goods, merchandise, or materials used in connection with the main use of the lot, and which has unobstructed access to a street or lane. Lodging House — means a dwelling unit where five or more persons, not including a resident owner of the property, may rent a lodging unit and where the kitchen and other areas of the dwelling unit are shared amongst the persons occupying the dwelling unit. Lodging house can include student residences and convents but shall not include a group home; hospital; any small residential care facility or large residential care facility licensed, approved, or supervised under any general or specific Act; or a hotel. Lodging Unit — means a room or set of rooms located in a lodging house or other dwelling designed or intended to be used for sleeping and living accommodation which: a) is designed for the exclusive use of the resident or residents of the unit; b) is not normally accessible to persons other than the residents or residents of the unit; and, C) does not have both a bathroom and kitchen for the exclusive use of the resident or residents of the unit. Lot — means a parcel of land that can be legally conveyed pursuant to Planning Act. Lot, Corner — means a lot at the intersection of and abutting two streets, or parts of the same street, the adjacent sides of which street or streets (or in the case of a curved corner, the tangents of which) contain an angle of not more than 135 degrees. Corner lots shall also include a through corner lot. Lot, Through — means a lot bounded by streets on two opposite sides. Lot, Through Corner — means a lot with lot lines abutting three or more separate streets, or a lot that is a corner lot and a through lot. Lot Area — means the total horizontal area of a lot. Lot Coverage — means that percentage of the lot area covered by all buildings. Lot Line — means a line formed by the boundary of a lot. Lot Line, Exterior Side — means the lot line abutting a street that is not the front lot line or the rear lot line. Lot Line, Front — means the lot line abutting a street with the following exceptions: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 259 of 415 SECTION 3 Page 13 of 24 a) in the case of a corner lot, the shorter lot line abutting a street, not including the lot line forming part of a corner visibility triangle, shall be the front lot line. Where such lot lines are of equal length, the City may deem any of the lot lines abutting a street as the front lot line; b) in the case of a through lot, the City may deem one of the lot lines abutting a street to be the front lot line and the other lot line abutting a street to be the rear lot line; or, C) in the case of a through corner lot, the City may deem any of the lot lines abutting a street as the front lot line. Lot Line, Interior Side — means a lot line other than the front lot line, rear lot line, or exterior side lot line. Lot Line, Rear — means the lot line farthest from and opposite to the front lot line, or in the case of a triangular lot, shall be that point formed by the intersection of the side lot lines. Lot Line, Side — means an exterior side lot line and an interior side lot line. Lot Width — means the horizontal distance between the side lot lines of a lot measured at the required minimum front yard setback. For multiple dwellings or cluster townhouse dwellings with more than one street line on the same street, the lot width at each street line may be summed to determine the total lot width. Low -Rise Building — see Building, Low -Rise Low -Rise Residential Zone — see Zone, Low -Rise Residential M Major Equipment Supply and Service — means the use of a premises for the service, repair, and sale of farm, construction, and large business machines; and commercial vehicles. Major Recreational Equipment — means either a portable structure designed and built to be carried or pulled by a motor vehicle, or a unit designed and built to be transported on its own wheels, for purposes of providing temporary living accommodation or recreational enjoyment for travel and can include motor homes, travel trailers, tent trailers, boats, boat trailers, personal watercraft, all -terrain vehicle or other similar equipment. Manufacturing — means the use of a premises for the production, compounding, processing, packaging, crating, bottling, packing, finishing, treating, ornamenting, altering, fabricating, or assembly of raw, semi -processed, or fully -processed goods or materials. Manufacturing can also include the use of a premises for research, investigation, testing, or experimentation including laboratories; pilot plants; and prototype production facilities. Manufacturing shall not include commercial water taking. Mid -Rise Building — see Building, Mid -Rise Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 260 of 415 SECTION 3 Page 14 of 24 Mixed Use Building — means a building with at least one dwelling unit and a non-residential use. Mixed Use Development — means a lot with two or more buildings where at least one building contains a dwelling unit and at least one building contains a non-residential use. Model Home — means an uninhabited single detached dwelling, semi-detached dwelling, or street townhouse dwelling unit for the purpose of display and sale of the dwelling units. Motor Vehicle — see Vehicle, Motor Multiple Dwelling — see Dwelling, Multiple Multi -Unit Building — means a building containing two or more non-residential uses within two or more separated spaces for lease or occupancy. A multi -unit building shall be managed and operated as one unit with shared on-site parking. A multi -unit building shall not include a mixed use building. Multi -Unit Development — means two or more buildings containing one or more non-residential use(s) which are planned, developed, managed and operated as one unit with shared on-site parking. A multi -unit development shall not include a mixed use development. Multi -Unit Parking Rate — means an aggregated parking space and bicycle parking stall requirement for uses within a multi -unit building and/or multi -unit development, or for non- residential uses within a mixed-use building and/or mixed-use development. N Natural Heritage Conservation — means the use of land, water, and/or structures for the protection, management, and conservation of the natural heritage system. Natural heritage conservation may include the preservation, maintenance, sustainable utilization, restoration, and/or enhancement of the natural environment, and may include forest, fish, and wildlife management. New — means a thing which is not existing. or4or��irmor4 and G;—;P irnli irJo rocf�iir�nf Noxious Use — see Use, Noxious O Office — means the use of a building in which clerical, administrative, consulting, advisory, or training services are performed, but shall not include a health clinic, commercial school, or industrial administrative office. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 261 of 415 SECTION 3 Page 15 of 24 On -Farm Diversified — means the use of a premises that includes home occupation, agri-tourism uses, uses that produce value-added agricultural products, and retail of goods produced or manufactured primarily on the premises. On-farm diversified can include the processing or packaging of agricultural products, food store, pet boarding, pet services establishment, restaurant, and veterinary services. Outdoor Active Recreation — see Recreation, Outdoor Active Outdoor Passive Recreation — see Recreation, Outdoor Passive Outdoor Recycling Operation — see Recycling Operation, Outdoor Outdoor Storage — means the placement of goods, equipment, or materials on a lot not within a building. P Parallel Parking Space — see Parking Space, Parallel Parcels of Tied Land — means any parcel of land legally bound and tied to a common element condominium. Parking Lot — means an area located on a lot which contains four or more parking spaces. Parking Space — means an area on which a motor vehicle may be parked in accordance with this By-law and which has access directly or by way of a drive aisle or driveway, to a street or lane. Parking Space, Angled — means the orientation of a parking space in such a manner that the side of a motor vehicle, when parked, is at an angle other than parallel to the drive aisle, driveway, lane, or street which gives direct access to such parking space. Parking Space, Barrier -Free Accessible — means a parking space provided for the use of persons with disabilities pursuant to the Accessibility for Ontarians with Disabilities Act. Parking Space, Electric Vehicle — means a parking space with electric vehicle supply equipment. Parking Space, Parallel — means the orientation of a parking space in such a manner that the side of a motor vehicle, when parked, is parallel to the drive aisle, driveway, lane, or street which gives direct access to such parking space. Parking Space, Tandem — means a parking space where the arrangement of two or more parking spaces is such that it is necessary to traverse one or more parking spaces to gain access to the tandem parking space from a lane, drive aisle, driveway, or street. Parking Space, Visitor — means a parking space for the exclusive use of visitors to a premises. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 262 of 415 SECTION 3 Page 16 of 24 Pawn Establishment — means the use of a building where a loan may be obtained on personal property held on-site as collateral, which may be reclaimed upon receipt of payment for the loan or sold to the general public and which is regulated under the Pawn Brokers Act. Payday Loan Establishment — means the use of a building in which personal loans are provided to consumers and which is regulated under the Payday Loans Act, and shall not include a financial establishment. Pet Boarding — means the use of a premises for the overnight accommodation of domestic animals. Pet boarding can include pet services establishment but shall not include veterinary services or animal shelter. Pet Services Establishment — means the use of a building for the grooming, training, care and supervision of domestic animals during the day. Pet services establishment shall not include pet boarding, veterinary services, or animal shelter. Person — means any human being, association, firm partnership, incorporated company, corporation, agent, or trustee; and heirs, executors or other legal representatives of a person to whom the context can apply according to law. Personal Services — means the use of a building in which services involving the health, beauty, or grooming of a person; or the maintenance or cleaning of apparel, but shall not include a pharmacy. Physical Separation — means the distance from a tall building tower's faces to its interior side lot line and rear lot lines. When two or more towers are on the same lot, the total distance between each pair of towers in any direction is to be calculated as the sum of both individual physical separations. Place of Worship — means the use of a premises by any religious organization for faith based spiritual purposes, and faith based teaching. Place of worship can include dwelling unit(s) as an accessory use. Pool — means a structure that is designed and capable of holding a minimum depth of 0.91 metres or more of water, permanently or temporarily located outdoors either above or below the ground, or partly thereabove or therebelow, that is, or is designed to be, used or maintained for the purpose of swimming, wading, diving or bathing. Post -Secondary School — see School, Post -Secondary Premises — means the whole or part of lots, buildings, or structures, or any combination of these. Principal — means, when used to describe a use, the primary use carried out on the lot or within a building or structure, and, when used to describe a building or structure, means the building or structure in which the primary use is conducted, or intended to be conducted. Printing or Publishing Establishment — means the use of a premises in which books, newspapers, periodicals, flyers, or other printed materials are produced. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 263 of 415 SECTION 3 Page 17 of 24 Print Shop — means the use of a building for photocopying, blueprinting, or binding. Private Amenity Space — means the use of a premises for indoor or outdoor active or passive recreation for the exclusive use of occupants of a dwelling unit. It can include features such as outdoor patios, above ground decks, balconies (subject to additional requirements), communal indoor spaces (such as gyms), communal indoor social spaces (such as entertainment rooms), swimming pools, and outdoor rooftop amenity space (such as rooftop decks and terraces). It shall not include lobbies, washrooms, laundry facilities, storage areas, hallways, elevators, reception areas, management offices, parking areas, access driveways, unprogrammed landscaped open space (excluding outdoor patios), receiving areas, loading spaces, and the like. Private Garage — see Garage, Private Private Garage Width — see Garage Width, Private Private Home Day Care — see Day Care, Private Home Propane Facility — means the use of a premises for the handling of propane and shall include a filling plant, cardlock/keylock, private outlet, vehicle conversion centre, or propane retail outlet. Propane Retail Outlet — means the use of a premises where propane is sold in refillable cylinders, and/or is put into the fuel tanks of motor vehicles, or into portable containers with a capacity exceeding 0.5 kg but not greater than 20 kg. Province — means the Province of Ontario or one or more of its ministries or other agencies that exercise delegated authority on behalf of one or more ministries. Public Use — see Use, Public Public Works Yard — means the use of a premises operated by or on behalf of the Federal or Provincial governments, the Region, the Grand River Conservation Authority, or the City, for the storage and maintenance of materials and equipment related to public infrastructure. F 0 Rear Lot Line — see Lot Line, Rear Rear Yard — see Yard, Rear Recreation, Outdoor Active — means the use of land, water, buildings and/or structures for outdoor leisure and athletic activities and can include sport fields, tracks, parks and playgrounds, climbing facilities, outdoor racquet facilities and outdoor swimming facilities but shall not include golf courses, stadiums, amusement parks, or campgrounds. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 264 of 415 SECTION 3 Page 18 of 24 Recreation, Outdoor Passive — means the use of land and/or water for non -intensive leisure activities such as trails, boardwalks, and footbridges, but shall not include campgrounds, active outdoor recreation, or golf courses. 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. Region — means the Corporation of the Regional Municipality of Waterloo. Repair Operation, Light — means the use of a building for the servicing or repairing of household articles and appliances, but shall not include heavy repair operation, major equipment supply and service, or automotive detailing and repair operation. Repair Operation, Heavy — means the use of a premises for the servicing or repairing of mechanical equipment including furnace or oil burners; water and air coolers; domestic water heaters; fixtures and equipment and any other like articles; heavy and light construction equipment; industrial and agricultural equipment; and lawn care equipment. Heavy repair operation shall not include a light repair operation, major equipment supply and service, or automotive detailing and repair operation. Repair Operation, Automotive Detailing and — means the use of a premises for the servicing, repair, or detailing of motor vehicles, but shall not include the retail of motor vehicles. Research and Development Establishment — means the use of a premises for research, investigation, testing, or experimentation including laboratories; pilot plants; prototype production facilities; software development and/or engineering services; and scientific, technological, or communications establishments. Residential Use — see Use, Residential Residential Care Facility, Large — means the use of a building that is occupied by 9 or more persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A large residential care facility can include a correctional group home, group home, and retirement home. Residential Care Facility, Small — means the use of a building that is occupied by 3 to 8 persons, exclusive of staff, who are provided personal support services on a temporary or permanent basis in a supervised group setting and can include one or more amenity areas such as common dining, lounge, kitchen, and recreational area. A small residential care facility can include a correctional group home, group home, and retirement home. Residential Zone — see Zone, Residential Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 265 of 415 SECTION 3 Page 19 of 24 Restoration, Janitorial, or Security Services — means the use of a premises where maintenance, restoration, cleaning, security, or similar services are housed and/or where such services are primarily conducted and/or provided off-site. Restaurant — means the use of a premises where food and/or drink is prepared and sold for immediate consumption on or off-site. Retail — means the use of a premises where goods and/or materials are displayed, rented, or sold. Retail can include a pharmacy, food store, home improvement store, and convenience retail, but does not include large merchandise retail; building material and decorating supply establishment; garden centre, nursery, and/or landscaping supply; or retail of motor vehicles and major recreation equipment. Retail, Convenience — means the use of a premises where a variety of grocery, household items and other convenience goods are sold for consumer's daily or occasional needs. Retail, Large Merchandise — means the use of a premises where primarily large or bulky goods are displayed, rented, or sold. Large merchandise retail can include building material and decorating supply establishment; garden centre, nursery, and/or landscaping supply; home improvement store; and major equipment supply and service, but does not include convenience retail, retail, or retail of motor vehicles and major recreation equipment. Retail of Motor Vehicles and Major Recreational Equipment — means the use of a premises where motor vehicles and major recreation equipment, and parts and accessories thereto, are displayed, stored, sold, rented, and/or leased and can include an associated automotive detailing and repair operation, and associated repair of major recreational equipment. Retail Outlet, Freestanding — means a building containing one retail store. S Salvage or Scrap Yard — means the use of a premises for the handling, storage, baling, packing, disassembly, buying, or sale of scrap material such as discarded motor vehicles, machinery, or building materials. School, Adult Education — means the use of a premises for a publicly funded institution for academic instruction which offers courses such as language, literacy and basic skills programming, credit courses for adults, continuing education programs, general interest courses, or Canadian citizenship preparation programs, but does not does include post -secondary school or commercial school. School, Commercial — means the use of a premises where teaching or instruction is offered for academics, arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, or other similar subjects, but shall not include an adult education school, elementary school, secondary school or post -secondary school. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 266 of 415 SECTION 3 Page 20 of 24 School, Elementary — means the use of a premises for a provincially approved institution for academic instruction typically offered from kindergarten to grade eight including a public, private, or separate school, but does not include a commercial school. School, Post -Secondary — means the use of a premises for educational purposes by a degree, diploma, or certificate granting college or university under Provincial legislation, but does not include a Commercial School. School, Secondary — means the use of premises for a provincially approved institution for academic instruction typically offered from grade nine to grade twelve including a public, private, or separate school, but does not include a commercial school. Second Dwelling Unit (Attached) — see Dwelling Unit (Attached), Second Second Dwelling Unit (Detached) — see Dwelling Unit (Detached), Second Semi -Detached Dwelling — see Dwelling, Semi -Detached Setback — means the minimum regulated distance measured at right angles between a lot line and the nearest part of any above grade building or structure. Shipping Container — means a vessel commonly or specifically designed for transportation of freight goods or commodities and shall include cargo containers and truck trailers. Shower and Change Facility — means a portion of a building containing shower rooms and change rooms or locker rooms, or other similar facilities. Side Lot Line — see Lot Line, Side Side Yard — see Yard, Side Single Detached Dwelling — see Dwelling, Single Detached Snow Disposal Site — means only those lands on which snow is placed after being brought to the lot from another lot, street, or lane, and shall not include areas to which snow is moved to one portion of a lot after being cleared from the rest of the lot. Social Service Establishment — means the use of a premises by a non-profit organization or a registered charity to provide goods or services on-site for the betterment of the community. A social service establishment shall not include facilities for overnight accommodation. Stacking Lane — means a continuous on-site queuing lane that includes stacking spaces for motor vehicles which is separated from other vehicular traffic and pedestrian circulation by barriers, markings, or signs. Stacking Space — means a rectangular space that may be provided in succession and is designed to be used for the temporary queuing of a motor vehicle in a stacking lane. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 267 of 415 SECTION 3 Page 21 of 24 Stepback — means the horizontal distance the portion of the building above the base is recessed from the facade of the base. Stepback, Street line — means the horizontal distance the portion of the building above the base is recessed from the street line facade of the base. Stormwater Management Facility — means the use of a premises where structures control and manage the quantity and quality of stormwater runoff. Storey — means the portion of a building or structure that is situated between the top of any floor and the top of the floor next above it; or if there is no floor above it, that portion between the top of the floor and the ceiling above it. A habitable or finished attic, or an uninhabitable or unfinished attic with an interior height greater than 1.8 metres, is a storey. Street — means a public highway greater than 12.19 metres in width, as defined under the Highway Traffic Act or the Municipal Act, which provides access to an abutting lot; and which is dedicated, assumed, and/or maintained by and under the jurisdiction of the City, Region or Province. For the purposes of this By-law, a street does not include a lane or any private street. Street Line — means the lot line abutting a street. Street Line Fagade — see Fagade, Street Line Street Line Stepback — see Stepback, Street Line Street Townhouse Dwelling — see Dwelling, Street Townhouse Structure — means anything constructed or erected, the use of which requires location on or in the ground, or attached to something having location on or in the ground, but excluding an underground servicing facility. T Tall Building — see Building, Tall Tandem Parking Space — see Parking Space, Tandem Temporary Sales Centre — means a building or structure that is used for the temporary sale of dwelling units in a proposed development. Through Corner Lot — see Lot, Through Corner Through Lot — see Lot, Through Towing Compound — means the use of a lot for the temporary storage of motor vehicles and can include the temporary storage of discarded motor vehicles. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 268 of 415 SECTION 3 Page 22 of 24 Tradesperson or Contractor's Establishment — means the use of a premises where manual or mechanical skills are housed to design, build, install, maintain, or repair goods, equipment, or real property and where such services are conducted on or off-site. Transportation Depot — means the use of a premises for the dispatching of commercial vehicles and motor vehicles transporting goods or passengers, and the parking and servicing of such commercial vehicles and motor vehicles when not in service. Transportation Facility — means the use of a premises for the maintenance and storage of commercial vehicles for public transportation, and related equipment, and can include a transportation depot. Truck Transport Terminal — means the use of a premises for the storage of commercial vehicles for the purpose of dispatching as common carriers, or where goods and materials are temporarily stored in bulk quantities at a transfer point for further shipment, and shall include the rental or leasing of trucks, and a courier distribution facility. A Use — means: a) as a noun, the purpose for which any premises is arranged, designed, or intended to be used, occupied, or maintained. b) as a verb, anything done or permitted by the owner or occupant, of any land, building, or structure directly or indirectly or by or through any trustee, tenant, servant, or agent of such owner or occupant, for the purpose of making use of the said land, building, or structure. Use, Institutional — for the purposes of Section 18.2, means uses where there is a threat to the safe evacuation of vulnerable populations such as older persons, persons with disabilities, and those who are sick or young, during an emergency as a result of flooding, failure of floodproofing measures or protection works, or erosion. Use, Noxious — means the use of a premises which from its nature, or from the manner of carrying on same, causes or is liable to cause a condition which may become hazardous or injurious with regard to the health or safety of any person, including but not limited to the escape of any destructive gas or fumes, dust, objectionable odour or noise, or a contaminant (as defined by the Environmental Protection Act). A noxious use shall include, but not be limited to beverage distillation; phosphate and/or sulphur products; primary production of chemicals, synthetic rubber, plastic, asphalt, cement, and/or concrete; processing or refining of petroleum and/or coal; slaughtering, eviscerating, rendering, and/or cleaning of meat, poultry fish, and/or by-products thereof; smelting, refining, rolling, forging, and/or extruding of ore, and/or metal; stamping, blanking (excluding fineb/anking), and/or punch -pressing of metal; tanning and/or chemical processing of pelts and/or leather; vulcanizing of rubber and/or rubber products; soil remediation facility; warehousing of hazardous, toxic and/or contaminated materials; and a truck transport terminal containing hazardous, toxic, and/or contaminated materials. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 269 of 415 SECTION 3 Page 23 of 24 Use, Public — means the use of any land, building, or structure by or on behalf of the Federal or Provincial governments, the Region, the Grand River Conservation Authority, or the City. Use, Residential — means a premises with at least one dwelling unit. Utilities — means an essential commodity or service such as water, sewer, electricity, gas, oil, television, or communications/telecommunications that is provided to the public by a regulated company or government agency. Utility -trailer — means a small non -motorized vehicle which is generally pulled by a motorized vehicle and features a rear cargo area (bed) and is used for the hauling of light loads. Utility Corridor — means linear strips of land that secure access between two points for the purpose of transmitting and distributing utilities and includes a hydro corridor. V Vehicle, Commercial — means any motor vehicle having permanently or temporarily attached thereto a truck box, or any other form of delivery body, and shall include tow trucks; tilt/n/load trucks; buses exceeding 7 metres in length and/or 4,000 kilograms in gross vehicle weight; tractor trailers or semi -trailers and any component thereof; or other like or similar vehicle, but shall not include major recreational equipment, or industrial equipment. Vehicle, Discarded Motor — means a motor vehicle which is unlicensed, is in disrepair, and/or has missing parts including tires, damaged or missing glass, or deteriorated or removed metal adjunctions, which make its normal use impossible. Vehicle, Electric — means a motor vehicle that is powered partially or exclusively on electrical energy from the grid, or an off -board source, that is stored on -board via a battery for motive purposes. An electric vehicle shall include a battery electric vehicle or plug-in hybrid electric vehicle. Vehicle, Motor — means any equipment self-propelled by an engine or motor mounted on the vehicle, but shall not include major recreational equipment. Veterinary Services — means the use of a premises for consultation, diagnosis, and treatment of animals, and related boarding and grooming. W Warehouse — means the use of a building for the storage and/or distribution of goods and can include self -storage warehouses, and facilities for wholesaling of goods otherwise stored or manufactured within the building, but shall not include a truck transport terminal. Waste Management Facility — means the use of a premises for the collection, sorting, and processing of waste material for long term disposal on-site or for transfer to another site and shall include a landfill, recycling facility, incinerator, composting facility, waste transfer station, or other similar uses, but shall not include a salvage or scrap yard. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 270 of 415 SECTION 3 Page 24 of 24 Water and Wastewater Treatment Facility — means the use of a premises for the collection, treatment, storage, and distribution of water or wastewater. KI Y Yard — means any open area of a lot abutting a building. Yard, Front — means a yard that extends across the full width of a lot between the front lot line and the nearest point of the principal building. Yard, Rear — means a yard that extends across the full width of a lot (or in the case of a corner lot, extending from the exterior side yard to the interior side lot line) between the rear lot line and the nearest point of the principal building. Yard, Interior Side — means a yard that extends from the front yard to the rear yard between the interior side lot line and the nearest point of the principal building. Yard, Exterior Side — means a yard abutting a street that extends from the front yard to the rear lot line from the exterior side lot line to the nearest point of the principal building. Yard, Side — means an exterior side yard and an interior side yard. Z Zone — means a designated area of land shown on the Zoning Grid Schedules contained in Appendix A of this By-law. Zone, Low -Rise Residential — means a RES -1 through RES -5 zone, or any R-1 through R-6 residential zone in Zoning By-law 85-1. Zone, Residential — means a RES zone herein, or any residential zone in Zoning By-law 85-1. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 271 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 4 General Regulations Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 272 of 415 SECTION 4 Page 1 of 17 SECTION 4 — General Regulations 4.1 ACCESSORY BUILDINGS AND STRUCTURES a) Unless otherwise provided for in this By-law, no accessory building or structure shall be used for human habitation. b) Accessory buildings or structures to dwelling units having a maximum gross floor area of 10 square metres or less and a maximum height of 3 metres are permitted within a required rear yard or a required interior side yard. C) Accessory buildings and structures to dwelling units with a building height greater than 3 metres shall be located a minimum of 0.6 metres from an interior side lot line and rear lot line. d) 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. e) Accessory buildings or structures to dwelling units shall not be located in a front yard or exterior side yard. 4.2 ACCESSORY USES Where this By-law provides that land may be used or a building or structure may be erected and used for a permitted use, that use shall include any accessory use provided that the accessory use is located within the same premises. 4.3 BONLL&MGDELETED oLQ�d-Deleted. 4.4 CONDOMINUMS 4.4.1 Standard Condominiums a) Internal lot lines created by: i) A registration of a plan of condominium; or ii) A plan or plans of condominium registered on all or a portion of a lot which is part of a comprehensively planned development subject to a development agreement pursuant to Section 41 of the Planning Act; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 273 of 415 SECTION 4 Page 2 of 17 shall not be construed to be lot lines for the purposes of zoning regulations provided that all applicable regulations of this By-law relative to the whole lot and its external lot lines, existing prior to any condominium plan registration are strictly observed. b) Where a unit boundary extends beyond a building to a private amenity area not abutting a common element, each private amenity area shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres from a common element, either by: i) Direct access within the unit boundary without passing through any portion of the dwelling unit; ii) Direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, recreation room, or any hallway that is not separated by a door to any such room; or, iii) Access over adjacent lands that, if the lands are not owned by the City or the Region, are secured through the declaration or common element of the condominium. 4.4.2 Vacant Land Condominiums Despite Section 4.6, more than one single detached dwelling, semi-detached dwelling, or street townhouse dwelling shall be permitted on a lot provided that each has direct access to a street or an internal private drive aisle or road that is a common element in a registered Condominium connecting to a street and is located on a unit in a Vacant Land Condominium. For purposes of this regulation, the front lot line for each unit in a Vacant Land Condominium shall be deemed to be that lot line abutting the internal private drive aisle or road portion of the common element, or the lot line abutting a street wherever the driveway access is, and the single detached dwelling, semi-detached dwelling, or street townhouse dwelling shall comply with all applicable zoning regulations. 4.4.3 Common Element Condominiums Despite Section 0, single detached dwelling, semi-detached dwelling, or street townhouse dwellings shall be permitted on lots without frontage on a street provided that they are located on parcels of tied lands to a Common Element Condominium consisting of at least a private driveway connecting to a street. Where lands have been comprehensively planned and are subject to an approved site plan and a development agreement pursuant to Section 41 of the Planning Act, any zoning deficiencies resulting from the creation of the parcels of tied lands, shall be deemed to comply with the regulations of the By-law, provided that: a) All applicable regulations of the By-law relative to the whole lot and its external lot lines existing prior to any condominium plan registration are complied with; and, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 274 of 415 SECTION 4 Page 3 of 17 b) Each dwelling unit shall have an unobstructed access at grade or ground level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: i) Direct access on the lot without passing through any portion of the dwelling unit; ii) Direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, recreation room, or any hallway that is not separated by a door to any such room; or, iii) Access over adjacent lands that, if the lands are not owned by the City or the Region, are secured by an easement or are a common element of the condominium. Any additions or alterations to the dwelling unit, accessory buildings, yard projections, and driveways added subsequent to the registration of the condominium, which are not shown on the approved site plan, must comply with the applicable zoning regulations for the single detached dwellings, semi-detached dwellings, or street townhouse dwellings contained within the parcels of tied land. For the purposes of this regulation, the front lot line shall be deemed to be the shortest lot line abutting a street, internal driveway, or internal walkway which provides primary access to the dwelling unit. 4.5 CORNER VISIBILITY TRIANGLES, CORNER VISIBILITY AREAS AND DRIVEWAY VISIBILITY TRIANGLES a) No buildings, structures, motor vehicles, food cart, signs, landscaping, or other impediments shall obstruct visibility within a corner visibility triangle, corner visibility area or driveway visibility triangle. An obstruction to visibility shall not include objects 0.9 metres or less in height from the ground, or objects higher than 5 metres in height from the ground. This provision does not apply to the location of fences constructed in accordance with and regulated by Chapter 630 (Fences) of The City of Kitchener Municipal Code. b) A corner visibility area shall be required in MIX zones. One leg of both triangles shall measure 6 metres and the other leg of both triangle shall measure 3 metres. Subsection a) shall not apply to existing buildings or new construction which replaces an existing building with the same building footprint within the corner visibility area. C) A corner visibility area shall be required in 1�C-the SGA -2, SGA -3, and SGA -4 zones. One leg of both triangles shall measure 5 metres and the other leg of both triangle shall measure 3 metres. Subsection a) shall not apply to existing buildings or new construction which replaces an existing building with the same building footprint within the corner visibility area. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 275 of 415 SECTION 4 Page 4 of 17 d) A corner visibility triangle shall be required in all zones except the kJGGSGA-2, SGA -3, and SGA -4 zones, and the MIX zones and shall be measured at 7 metres from the point of intersection of the street lines. e) A driveway visibility triangle shall be required in all zones except WGGSGA-2, SGA -3, and SGA -4 zones, and the MIX zones and shall be measured from the point of intersection of a street line and the edge of a driveway a distance of 3 metres from the street line and 4.5 metres from the edge of the driveway. Illustration 1: Corner Visibility Triangle, Corner Visibility Area and Driveway Visibility Triangle Dimensions Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 276 of 415 SECTION 4 4.6 FRONTAGE ON A STREET Page 5 of 17 Unless otherwise provided for in this By-law, no person shall erect any building or structure; or use any building, structure, or lot unless: a) The lot has frontage on a street; or, b) The lot is separated from a street by land owned by a public agency for future road widening purposes, or as a 0.3 metre reserve if registered rights-of-way giving access to a street have been granted and such access scheme is part of a development agreement pursuant to the Planning Act, as may be outstanding as at the date of passage hereof, or as may be hereafter agreed to. 4.7 HOME OCCUPATION 4.7.1 Regulations for Home Occupations a) A home occupation shall only be permitted on a lot containing a single detached dwelling (with or without an additional dwelling unit (attached) or additional dwelling unit (detached), semi-detached dwelling (with or without an additional dwelling unit (attached) or additional dwelling unit (detached), street townhouse dwelling (without an additional dwelling unit (attached) or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. b) A home occupation shall only locate in a dwelling. C) A home occupation shall only be operated by the persons resident in the dwelling unit. d) Outdoor storage shall not be permitted as part of a home occupation. e) A home occupation shall not include a noxious use. 4.7.2 Permitted Home Occupation Uses No person shall conduct a home occupation for any use other than those permitted uses within Table 4-2. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 277 of 415 SECTION 4 Table 4-2: Permitted Home Occupation Uses Page 6 of 17 Home Occupation Use First Home Occupation Use Second Home Occupation Use Permitted home occupation use on a lot containing a single detached dwelling or a semi-detached dwelling unit (without an additional dwelling unit (attached) or additional dwelling unit detached) (1)(2)(3)(4 Artisan's Establishment ✓ Bed and Breakfast (5)(6) ✓ Canine and Feline Grooming Establishment (5 )(7) ✓ Catering Service Establishment ✓ Commercial School ✓ Health Office ✓ Indirect Sales ✓ ✓ Light Repair Operation ✓ Office ✓ ✓ Personal Services (8) ✓ Private Home Day Care ✓ Permitted home occupation use in a dwelling unit within a single detached dwelling with an additional dwelling unit (attached) or additional dwelling unit (detached), semi-detached dwelling unit with a additional dwelling unit (attached) or additional dwelling unit (detached), street townhouse dwelling, cluster townhouse dwelling, or multiple dwelling (9 )(10) Artisan's Establishment ✓ Commercial School ✓ Office ✓ Indirect Sales ✓ Additional Regulations for Permitted Home Occupation Uses Table 4-2. (1) A maximum of two home occupations shall be permitted on a lot. The total maximum gross floor area for all home occupations on a lot is 25 percent of the gross floor area of the dwelling unit. In no case shall the gross floor area for all home occupations exceed 50 square metres of gross floor area. (2) A home occupation shall be conducted so as to not attract more than three customers or clients at any one time. (3) Despite Section 4.7.1 b), an artisan's establishment, office, or indirect sales home occupation, that does not attract customers or clients to the lot, may locate in an accessory building. (4) Despite Section 4.7.1 c), in addition to the resident, a home occupation may employ one non-resident employee. (5) Only within a single detached dwelling. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 278 of 415 SECTION 4 Page 7 of 17 (6) A maximum of two bedrooms is permitted within a bed and breakfast. (7) A maximum of two dogs and two cats associated with the canine and feline grooming establishment are permitted at any one time, for a maximum of three hours on any given day during regular operating hours. (8) Shall not include the cleaning of apparel. (9) A home occupation shall be conducted so as to not attract more than one customer or client at any one time. (10) A maximum of one home occupation shall be permitted within each dwelling unit to a maximum of 15 square metres of gross floor area. 4.8 NON-COMPLIANCE AS A RESULT OF LAND ACQUISITION Where the acquisition of land by registration on title on or after the effective date of this By-law to widen a street, provide a corner visibility triangle, or other such requirements, results in non-compliance with any regulation herein, nothing in the By-law shall apply to prevent the continued use of any lot, building, or structure provided that such lot, building, or structure was lawfully established and used for such purpose on the date of acquisition of land. 4.9 GROUP HOMES Only one group home shall be permitted on a lot. 4.10 CORRECTIONAL GROUP HOMES a) Only one correctional group home shall be permitted on a lot. b) No building or part thereof shall be used for a correctional group home on a lot situated within 400 metres of another lot on which either a group home or correctional group home is located. This distance shall be measured from the closest point of the lot lines associated with each lot. C) No building or part thereof shall be used for a correctional group home on a lot that is situated within 100 metres of the city limit. This distance shall be measured from the closest point of the lot line associated with such lot and the city limit. 4.11 LOCATION OF LODGING HOUSES a) Only one lodging house shall be permitted on a lot. No building shall be used for a lodging house on a lot that is situated within 400 metres of another lot on which a lodging house is located, such minimum distance to be measured from the closest point of the lot lines associated with each lot; and, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 279 of 415 SECTION 4 Page 8 of 17 b) No building shall be used for a lodging house on a lot that is situated within 100 metres of the municipal limit of the city, such minimum distance to be measured from the closest point of the lot line associated with such lot and the municipal limit. 4.12 NUMBER OF DWELLINGS PER LOT a) Unless otherwise provided for in this By-law, in any zone where a single detached dwelling or semi-detached dwelling is permitted, no more than one such dwelling shall be erected on a lot. b) On a lot or block against which a Part Lot Control Exemption By-law is registered, those parts on a reference plan which are intended to constitute a future lot, the future lot shall be considered a lot for the purposes of this By-law. 4.12.1 One Additional Dwelling Unit (Attached) One additional dwelling unit (attached) may be permitted in association with a single detached dwelling, semi-detached dwelling unit or street townhouse dwelling unit in accordance with the regulations specified by the zone category in which an additional dwelling unit (attached) is permitted, and the dwelling type in which the additional dwelling unit (attached) is located and in addition to and as amended by the following: a) One additional dwelling unit (attached) shall only be located in the same building as a single detached dwelling, semi-detached dwelling, or street townhouse dwelling; b) An additional dwelling unit (attached) shall be connected to full municipal services; 4.12.2 Two additional Dwelling Units (Attached) Two additional dwelling units (attached) may be permitted in association with a single detached dwelling in accordance with the regulations specified by the zone category and applying to single detached dwellings in which the two additional dwelling units (attached) are located and in addition to and as amended by the following: a) two additional dwelling units (attached) shall be connected to full municipal services; b) 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; C) no more than two additional dwelling units (attached) are permitted on a lot; d) the minimum lot area shall be 395 square metres or in accordance with Table 7-2, whichever is greater; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 280 of 415 SECTION 4 Page 9 of 17 e) the minimum lot width shall be 13.1 metres or in accordance with Table 7-2, whichever is greater; f) the minimum landscaped area shall be 20%; g) 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. 4.12.3 Additional Dwelling Units (Detached) One additional dwelling unit (detached) may be permitted in association with a single detached dwelling, semi-detached dwelling unit or street townhouse dwelling unit in accordance with the regulations specified by the zone category in which an additional dwelling unit (attached) is permitted, and as amended by the following: a) for the purposes of Section 4.12.3, the area that is designed to be a separate lot for a street townhouse dwelling or semi-detached dwelling shall be considered to be a lot; b) an additional dwelling unit (detached) shall only be permitted on the same lot as a single detached dwelling, semi-detached dwelling or street townhouse dwelling, with or without one additional dwelling unit (attached); C) an additional dwelling unit (detached) shall not be permitted on the same lot as a single detached dwelling with two additional dwelling units (attached); d) an additional dwelling unit (detached) shall not be severed from the lot containing the single detached dwelling, semi-detached dwelling or street townhouse dwelling; e) the additional dwelling unit (detached) shall be connected to full municipal services; f) no more than one additional dwelling unit (detached) is permitted on a lot; g) the building floor area of the additional dwelling unit (detached) shall not exceed fifty percent of the building floor area of the single detached dwelling, semi- detached dwelling unit or street townhouse dwelling unit on the same lot, or 80 square metres, whichever is less; h) the minimum lot area shall be 395.0 square metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 281 of 415 SECTION 4 Page 10 of 17 i) the minimum lot width shall be 13.1 metres or in accordance with applicable regulations included in Table 7-2, 7-3 or 7-4, whichever is greater; D a building containing an additional dwelling unit (detached) shall be located a minimum of 0.6 metres from a rear lot line and interior side lot line; k) an additional dwelling unit (detached) shall not be located in the front yard or exterior side yard; 1) for an additional dwelling unit (detached), the maximum building height shall be: a. 4.5 metres for a hip, gable, shed, or gambrel roof, measured to the mid point between the eaves and the peak of the roof, excluding the eaves of any projections; b. 4.5 metres for a mansard roof, measured to the deck line; c. 3 metres for a flat roof, measured to the peak of the roof; Measurement of Building Height forAdditionaI Dwelling Unit (Detached) peak of roof peak of roof peak of roof 1 deck line I i ak of roof — eaves Building eaves eaves height Highest elevation r of the finished FLAT HIP or MANSARD GAMBREL SHED ground ROOF GABLE ROOF ROOF ROOF ROOF m) for a shed roof where the peak of the roof is more than 4.5 metres from the highest elevation of the finished ground, the highest exterior wall shall not face a rear lot line or side lot line closer than 4.5 metres, except where the lot line is a street line or lane; 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). Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 282 of 415 SECTION 4 Page 11 of 17 4.12.3.1 Minimum Side Yard setback of Principal Building: On a lot containing an additional dwelling unit (detached): a) the principal building shall comply with the following: a. where the principal building is a single detached dwelling, with or without an additional dwelling unit (attached), the minimum side yard setback on each side of the principal building shall be 1.2 metres; b. where the principal building is a semi-detached dwelling unit or street townhouse unit with or without an additional dwelling unit (attached), the minimum side yard setback of the principal building shall be 2.5 metres on one side; b) The principal building shall comply with the setback provisions required for the dwelling for front, side and rear yards in all other cases. C) Subsection 4.12.3.1 a) shall not apply if the additional dwelling unit (detached) has direct access from street or lane at the rear or exterior side yard. 4.13 PERMITTED PROJECTIONS ABOVE HEIGHT RESTRICTIONS The maximum building height shall not apply to architectural features orspires; cupolas; antennae; flag poles; elevator penthouses; roof access stairways, railings, and penthouses; and heating, ventilation, and air conditioning equipment. 4.14 PERMITTED PROJECTIONS INTO REQUIRED YARDS 4.14.1 Architectural Features Architectural features may project into any required yard to a maximum of 0.6 metres. 4.14.2 Balconies Balconies associated with a dwelling unit may project into any required yard provided that the balconies: a) Are not enclosed; b) Are not supported by the ground; C) Are located a minimum of 0.75 metres from an interior side lot line or rear lot line; and, d) Are located a minimum of 3 metres from a street line, except in a UGG SGA zone or MIX zone. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 283 of 415 SECTION 4 Page 12 of 17 4.14.3 Canopies Canopies may project into any required yard provided that the canopies: a) Are not supported by the ground; b) Do not project more than 1.8 metres into a required front yard, exterior side yard, or any other yard abutting a street; and, C) Are located a minimum of 0.6 metres from a street line, side lot line, or rear lot line. 4.14.4 Decks a) All decks shall meet the setback regulations required for the building in the applicable zone. b) Despite Subsection a) in a residential zone, unenclosed decks that do not exceed 0.6 metres in height above the ground, may be located within a required rear yard or interior side yard. C) Despite Subsection a) in a residential zone, entirely unenclosed decks that exceed 0.6 metres in height above the ground, may be located within a required rear yard provided that they are located a minimum of 4 metres from the rear lot line and meet the side yard setback regulations required for the dwelling in the applicable zone. d) Despite Subsection a) covered, unenclosed decks attached to the principal building may be located within a required rear yard provided that they are located a minimum of 4 metres from the rear lot line and meet the side yard setback regulations required for the dwelling in the applicable zone. 4.14.5 Heating, Ventilation, and Air Conditioning Equipment a) Heating, ventilation, and air conditioning equipment; and other similar mechanical equipment associated with a dwelling, may locate within a rear yard or interior side yard, provided that the equipment is located a minimum of 3 metres from a street line and is screened from the street. b) Heating, ventilation, and air conditioning equipment; and other similar mechanical equipment associated with a non-residential building or mixed use building, may locate within a required rear yard or interiorside yard, provided that the equipment has a minimum setback of 3 metres from a street line and from an abutting residential zone, and is screened. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 284 of 415 SECTION 4 4.14.6 Pools and Hot Tubs Page 13 of 17 Pools and hot tubs associated with a dwelling unit are permitted to locate within an interior side yard, exterior side yard, and rear yard provided that the pool or hot tub: a) has a minimum setback of 0.6 metres from an interior side lot line or rear lot line; and, b) is located a minimum of 2.1 metres from a street line. 4.14.7 Porches a) The minimum depth of a porch associated with a dwelling unit shall be 1.5 metres; or in the case of an existing porch with a depth of less than 1.5 metres, the minimum depth shall be the existing depth. b) Unenclosed porches associated with a dwelling unit may project into a front yard or exterior side yard provided that the porch is located a minimum of 3 metres from a street line and the floor of the porch does not exceed 1 metre in height above the ground. A cold room may be located beneath the porch. C) Despite Subsection b), a porch attached or unattached to the principal building of a structure designated under the Ontario Heritage Act may be located or reconstructed within a required front yard or side yard provided that the setback, gross floor area, dimensions, and height do not exceed what legally existed on or before March 5, 2012. 4.14.8 Restaurant Patios, Decks, and Outdoor Recreation 4.14.8.1 Restaurant Patios, Decks, and Outdoor Recreation Patios, decks, and outdoor recreation associated with a restaurant may project into a required yard provided that: a) They are located a minimum of 30 metres from any residential zone; b) In a COM or EMP zone they have a minimum setback of 3 metres from a street line; and, C) Despite Subsection a), in a UGGSGA zone 2, SGA 3 SGA 4, or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yard or exterior side yard. 4.14.8.2 Private Patios Any required private patio shall be a minimum of 11 square metres in size. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 285 of 415 SECTION 4 4.14.9 Satellite Dishes and Antennas Page 14 of 17 Satellite dishes and antennas may project into a required yard and they shall be attached to a building and shall not exceed 0.9 metres in diameter. 4.14.10 Steps and Access Ramps a) Steps and access ramps that do not exceed 0.6 metres above ground level may be located within any yard side yard. 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. C) The maximum area of steps and access ramps located in a front yard shall not exceed 40 percent of the area of the front yard. 4.15 PERMITTED USES 4.15.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation a) Any portion of a building used for an automotive detailing and repair operation and/or heavy repair operation shall be setback a minimum of 14 metres from any lot line abutting a residential zone. b) Despite Subsection a), where such building or portion thereof is constructed without an opening, such as a vent, door, or window, the setback regulations of the applicable zone apply. 4.15.2 Construction Uses A lot in any zone may be used for temporary buildings and trailers associated with construction work occurring on such lot for the duration of construction, or for as long as the building permit is valid, whichever comes first. No temporary building and/or trailer intended for construction work purposes shall be used for human habitation. 4.15.3 Drive -Through Facilities a) A drive-through facility shall be located a minimum distance of: i) 15 metres from an abutting residential zone where a visual barrier is provided along the abutting lot line; and, ii) 7.5 metres from an abutting residential zone where an acoustic barrier, certified by a professional engineer, is installed along the abutting lot line prior to occupancy of the drive-through facility, and is maintained thereafter. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 286 of 415 SECTION 4 Page 15 of 17 b) Subsection a) shall not apply to an existing drive-through facility. 4.15.4 Food Cart A food cart shall be permitted in all zones except residential zones, NHC zones or OSR- 3 zones, provided that: a) It does not occupy any drive aisle or required parking space; and, b) It does not exceed 2.0 metres in height, 2.0 metres in length and 1.2 metres in width. 4.15.5 Gas Station a) A fuel pump island shall have a setback of 6 metres from a street line, and a canopy structure above a fuel pump island shall have a setback of 3 metres from a street line; b) A fuel pump island and a canopy structure above a fuel pump island shall be located a minimum of 30 metres from a residential zone; C) No underground or above -ground fuel storage tank shall be located within 3 metres of a street line; d) The rear yard setback for a building associated with a gas station shall be 3 metres; and, e) The minimum interior side yard setback for a building associated with a gas station abutting a residential zone shall be 3 metres. 4.15.6 Model Home a) A maximum of 10 model homes may be permitted on a lot in any zone. b) The model homes shall be constructed to the requirements and provisions of the zone in which the model homes are located. The model homes shall be situated within 150 metres of an in-service fire hydrant on lands in a draft approved plan of subdivision, with or without service connections. 4.15.7 Public Uses and Utilities Unless otherwise regulated herein, public uses and utilities may be permitted in any zone, provided that: a) Such use, building, or structure complies with the regulations, and parking and loading requirements of the applicable zone; and, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 287 of 415 SECTION 4 Page 16 of 17 b) Accessory outdoor storage may be permitted, and shall not be located within any yard abutting a residential zone. 4.15.8 Shipping Container a) A shipping container shall not be located on a lot in a residential zone. b) Despite Subsection a), a shipping container may be permitted on a driveway within a residential zone for a period not exceeding 30 days in any given year, provided that the shipping container is not located within or blocking access to a required parking space, and that the shipping container is located a minimum of 0.6 metres from a street line. C) Where a shipping container is converted and used as a construction material for a residential dwelling subject to the Ontario Building Code, it is a building. 4.15.9 Towing Compounds A towing compound shall not be located on a lot that is within 30 metres of a residential use. 4.15.10 Temporary Sales Centre A temporary sales centre is permitted in all k-GSSGA, MIX, and COM zones; and in all residential zones, and shall be subject only to the setback regulations of the applicable zone. 4.16 SETBACKS FROM RAILWAYS a) Any portion of a building used for dwelling units, multiple dwellings, elementary school, secondary school, post -secondary school, adult education school, day care facility, or place of worship shall be setback a minimum of: i) 30 metres from the lot line of the active railway right-of-way for a Principal or Secondary Main Line; or, ii) 15 metres from the lot line of the active railway right-of-way for a Principal, Secondary or Tertiary Branch Line b) Subsection a) shall not apply to any railway right-of-way or section thereof solely used for light rail transit. 4.17 TWO OR MORE ZONES ON A LOT Where two or more zones apply to a lot, the following shall apply: a) Floor space ratio shall be calculated using only that portion of the building floor area and only that portion of the lot area within each zone. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 288 of 415 SECTION 4 Page 17 of 17 b) Despite Subsection a) the lot area of lands zoned OSR-2 and used for utility corridor purposes shall be permitted to be included in the calculation of floorspace ratio for an abutting portion of the lot within another zone. C) Building height shall be measured to the uppermost point of that portion of a building within each zone. d) Parking spaces and bicycle parking stalls associated with permitted uses within each zone on a lot may be located within any zone on a lot, except that portion of a lot within a OSR, NHC or EUF zone. 4.18 VISUAL BARRIER Where a visual barrier is required, it shall be a minimum height of 1.8 metres above ground level, and shall be an opaque screen consisting of materials such as a wall, fence, trees, shrubs, and/or earth berms. 4.19 TRANSITION TO LOW-RISE RESIDENTIAL 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. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 289 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 5 Parking, Loading, and Stacking Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 290 of 415 SECTION 5 Page 1 of 26 SECTION 5 — Parking, Loading, and Stacking 5.1 APPLICABILITY a) The provisions of Section 5 herein shall only apply at such time as there is: i) A change in use; and/or, ii) An increase in gross floor area on the lot; and/or, iii) A change in the amount, size and/or location of parking spaces, driveways, or drive aisles. b) Despite Subsection a) i), the provisions of Section 5 herein shall not apply to existing parking spaces, existing loading spaces, existing stacking spaces or existing stacking lanes on a lot where there is a change of use within an existing building or existing structure and: i) There is no increase in gross floor area on the lot; and, ii) The Class B bicycle parking provisions are complied with; and, iii) The number of existing parking spaces and stacking spaces that remain on the lot is equal to or greater than the minimum parking spaces and minimum stacking spaces required for the new use in accordance with Table 5-5 and Table 5-7. 5.2 PARKING PROVISIONS a) Parking spaces and bicycle parking stalls shall be provided and maintained for each use located on a lot and shall be located on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls. Land used for a hydro corridor on the same lot as the use(s) requiring the parking spaces and bicycle parking stalls may be used for required parking spaces and bicycle parking stalls. b) Despite Subsection a), parking spaces, other than barrier -free accessible parking spaces, electric vehicle parking spaces, or visitor parking spaces may be located on another lot within 400 metres of the lot containing the use requiring the parking spaces. These parking spaces shall not be located on a lot within a residential zone, or OSR, NHC, or EUF zone unless it is within the same zone as the use requiring the parking spaces. C) Where required parking spaces are provided in accordance with Subsection b), required parking spaces may be located on land used for a hydro corridor provided that it is an OSR zone. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 291 of 415 SECTION 5 Page 2 of 26 d) Where required parking spaces are provided in accordance with Subsection b), the owner of both lots shall enter into an agreement with the City to be registered against the title of both lots to guarantee that the land required for parking spaces shall continue to be used only for such purpose until parking spaces are provided on the same lot as the use requiring the parking spaces. e) Despite Subsection d), where required parking spaces are provided in accordance with Subsection b) and are located within a hydro corridor, the agreement shall be registered on the title of only the lot containing the use for which the parking spaces are required. f) 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. 5.3 PARKING SPACE AND PARKING LOT PROVISIONS a) Where a parking lot is situated on a lot and abuts a residential zone or SGA -1 Lone, a visual barrier shall be provided and maintained between the parking lot and such abutting residential lot line in accordance with Section 4.18 herein. b) All parking lots shall be provided with adequate means of ingress and egress to and from a street or lane in a forward motion, and shall be arranged so as not to interfere with the normal public use of a street or lane. C) Parking spaces, drive aisles, driveways, and parking lots shall be provided and maintained with stable surfaces such as asphalt, concrete, or other hard -surfaced material as approved by the Director of Planning or designate. d) All required visitor parking spaces shall be clearly identified, demarcated, and reserved at all times. 5.3.1 Parking Space Dimensions Parking spaces shall be provided in accordance with Table 5-1. Table 5-1: Regulations for Parking Space Dimensions Type of Parking Space Minimum Dimensions Angled parking space 2.6 m in width and 5.5 m in length (1) Parallel parking space (interior space) 2.4 m in width and 6.7 m in length (2)(3) Parallel parking space (end space) 2.4 m in width and 5.5 m in length (2)(3)(4) Parking space within a private garage 3 m in width and 5.5 m in length (5) Additional Regulations for Parking Space Dimensions Table 5-1 (1) Where 10 or more parking spaces are required, a maximum of 10 percent of the total angled parking spaces may be reduced to a minimum of 2.4 metres in width and a Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 292 of 415 SECTION 5 Page 3 of 26 minimum of 4.8 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (2) Where 10 or more parking spaces are required, a maximum of 10 percent of the total parallel parking spaces may be reduced by a maximum of 0.7 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. (3) A parallel parking space adjacent to a wall or obstruction shall have an access aisle. The access aisle shall be located between the parking space and the wall or obstruction, shall be a minimum of 1.5 metres in width, and shall extend the full length of the parking space. (4) Shall be located a minimum of 1.5 metres from any street, lane, drive aisle, curb, or obstruction. (5) Where 2 or more required parking spaces are located within a private garage, the minimum width of the first space is 3 metres and 2.6 metres for every additional parking space. 5.3.2 Location of Parking Spaces for Non -Residential Uses and Mixed Use Buildings a) Parking spaces, loading spaces, display areas for motor vehicles or major recreational equipment for sale or rental, or drive aisles shall not be located within 3 metres of a street line. b) Despite Subsection a), in any MIX zone, parking spaces, loading spaces, or drive aisles shall not be located within 4.5 metres of a street line. d}2)_Despite Subsections a) through c), parking spaces, loading spaces, display areas for motor vehicles or major recreational equipment for sale or rental, or drive aisles that are located within a building are subject to setback regulations in the applicable zone. 5.3.3 Location of Parking Spaces for Residential Uses a) On a lot containing a single detached dwelling, semi-detached dwelling, additional dwelling unit(s) (attached), additional dwelling unit (detached), small residential care facility, lodging house having less than 9 residents, or home occupation: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 293 of 415 SECTION 5 b) C) Page 4 of 26 i) Parking spaces shall be located a minimum distance of 6 metres from a street line; ii) Despite Subsection i), where two or more parking spaces are required, one parking space may locate on the driveway within 6 metres of the front lot line or exterior side lot line and may be a tandem parking space; and, Illustration 5-1: One Tandem Parking Space — Option A DWELLING STREET Illustration 5-2: One Tandem Parking Space — Option B iii) Despite Subsection ii) where three parking spaces are required on a lotthat contains an additional dwelling unit (attached) and an additional dwelling unit (detached), one parking space may locate on the driveway within 6 metres of the front lot line or exterior side lot line and two parking spaces may be tandem parking spaces; and iv) Not more than one parking space for a home occupation may be located in a rear yard, except in the case of a corner lot, a through lot, or a lot abutting a lane. On a lot containing a street townhouse dwelling: i) parking spaces shall be located a minimum distance of 6 metres from a street line. On a lot containing a multiple dwelling, dwelling unit, cluster townhouse dwelling, lodging house having 9 residents or more, or a large residential care facility: i) parking spaces shall not be located within the front yard or within the exterior side yard. In no case shall any parking spaces be located within 3 metres of the front lot line, exterior side lot line or street line; and, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 294 of 415 DWELLING 3,0 3.8 6 .2M STREET iii) Despite Subsection ii) where three parking spaces are required on a lotthat contains an additional dwelling unit (attached) and an additional dwelling unit (detached), one parking space may locate on the driveway within 6 metres of the front lot line or exterior side lot line and two parking spaces may be tandem parking spaces; and iv) Not more than one parking space for a home occupation may be located in a rear yard, except in the case of a corner lot, a through lot, or a lot abutting a lane. On a lot containing a street townhouse dwelling: i) parking spaces shall be located a minimum distance of 6 metres from a street line. On a lot containing a multiple dwelling, dwelling unit, cluster townhouse dwelling, lodging house having 9 residents or more, or a large residential care facility: i) parking spaces shall not be located within the front yard or within the exterior side yard. In no case shall any parking spaces be located within 3 metres of the front lot line, exterior side lot line or street line; and, Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 294 of 415 SECTION 5 Page 5 of 26 ii) despite Subsection i), parking spaces, loading spaces, or drive aisles located in an enclosed portion of a building entirely below grade, may have a minimum setback of 0 metres from a front lot line, side lot line, and rear lot line. 5.3.4 Location of Parking Spaces on the Ground Floor of a Building a) Ina WGG zepe, MIX zone, or on a lot with a multiple dwelling, parking spaces and drive aisles within a building shall not be located on the ground floor of such building. b) Despite Subsection a), parking spaces and drive aisles may be located on the ground floor of a building where: i) the ground floor of the building has one or more permitted uses other than a commercial parking facility that abut the street line fagade; and, ii) parking spaces and drive aisles are located entirely behind the area on the ground floor devoted to the permitted uses in Subsection i) for the entire length of the street line fagade, except for access. Illustration 5-3: Location of Parkina Soaces on the Ground Floor of a Buildin Lane Driveway Access Parking Spaces & Drive Aisles Permitted Uses Other Than Commercial Parking Facility Sidewalk Street Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 295 of 415 SECTION 5 Page 6 of 26 5.4 DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES a) For all residential uses other than large residential care facilities, multiple dwellings containing 4 or more dwelling units, and mixed use buildings, a required parking space shall have direct access from a street or lane via a driveway. b) A maximum of one driveway with one access point from each street or lane shall be permitted on a lot, except in the case of: i) A lot having a minimum lot width of 30 metres, where a maximum of two driveways may be permitted; and, ii) A semi-detached dwelling, where each dwelling unit may have one driveway. C) For the purposes of Section 5.4 the calculation of driveway width is measured along the entire length of the driveway perpendicular from the edge. Illustration 5-4: Measuring driveway width d) A driveway shall be a minimum of 2.6 metres in width. e) The provisions in Table 5-2 apply to single detached dwellings, semi-detached dwellings, and street townhouse dwellings with or without additional dwelling unit(s). f) Despite any provision in Table 5-2 and 5-3 a driveway associated with a single detached dwelling, semi-detached dwelling or street townhouse dwelling may not exceed 8.0 metres in width. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 296 of 415 SECTION 5 Page 7 of 26 Table 5-2: Private Garage Width and Driveway Width Regulations by Use Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 297 of 415 Maximum drivewaywidth Maximum private Maximum drivewaywidth with Residential Use without an garage width an attached private garage attached private garage 50% of the lot width or a driveway may be as wide as the attached garage. 50% of the lot width. Single Detached The driveway may extend beyond Dwelling 65% of the width of the the width of the attached garage to a Per Section 5.4 f), front fagade closest to maximum total width of 50% of the no driveway shall See Table 5-3 if tot within Appendix C —Central the street at grade lot; and shall be located no closer exceed 8 metres Neighbourhoods. than the required side yard setback in width. of the dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 50% of the lot width or 5.2 metres, whichever is less, and a driveway may be as wide as the attached The lesser of, 50% garage. of the lot width or The driveway may extend beyond 5.2 metres, Semi -Detached 60/o o of the width of the the width of the attached garage to a whichever is less. Dwelling front fagade closest to maximum total width of 50% of the Per Section 5.4 f), See Table 5-3 if tot is within Appendix C— Central the street at grade lot; and shall be located no closer no driveway shall than the required side yard setback Neighbourhoods. of the dwelling which is not located exceed 8 metres along the common wall of the same in width. dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 60% of the lot width or 5.2 metres, whichever is less. 60% of the lot The driveway may extend beyond width or 5.2 Street the width of the attached garage to a metres, whichever maximum total width of 60% of the is less. Townhouse 60% of the width of the lot; Exterior end unit driveways shall Dwelling front fagade closest to be located no closer than the Per Section 5.4 f), See Table 5-3 if lot is within the street at grade required side yard setback of the no driveway shall Appendix C— Central dwelling which is not located along exceed 8 metres Neighbourhoods. the common wall of the same in width. dwelling. Per Section 5.4 f), no driveway shall exceed 8 metres in width. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 297 of 415 SECTION 5 Page 8 of 26 a) For lands identified on Appendix C (Central Neighbourhoods), and within a low- rise residential zone an attached private garage associated with a single detached dwelling, semi-detached dwelling, or street townhouse; with or without an additional dwelling unit(s) shall not project beyond the front fagade of the habitable at grade portion of the dwelling unit. b) For lands not identified on Appendix C (Central Neighbourhoods), an attached private garage associated with a single detached dwelling, semi-detached dwelling or street townhouse dwelling; with or without an additional dwelling unit(s): i) An attached private garage may project beyond the front fagade of the habitable portion of the dwelling unit a maximum of 1.8 metres. ii) Where a private garage projects beyond the habitable portion of the front fagade of the dwelling unit, a porch abutting the private garage shall be provided in accordance with Section 4.14.7. iii) A private garage shall not project beyond the front of a porch. C) On a corner lot no driveway, or parking space shall be located within the front yard for a distance of 7 metres from the exterior side lot line, and the same shall not be located within the exterior side yard for a distance of 7 metres from the front lot line, measured from the intersecting point of the front lot line and the exterior side lot line. Illustration 5-5: Corner lot driveway location STREETII r EX T ERJOR SIM LOT LINE USU.LIF4 UMT PF"TE GARAGE m INO O DRIVEWAY K WiN DFNEWAYEA I FRONT LOT UK 7 m S0ekvuK �y1I V lAi1BSCAPE@ ,r'' . BOIAEYM SINCLT Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 298 of 415 SECTION 5 Page 9 of 26 d) Within a front yard, interior side yard, exteriorside yard or rear yard motor vehicles shall only be parked within a private garage or on a driveway that conforms to Section 5.3. e) The driveway shall be comprised of a material that is consistent throughout the driveway, and that is distinguishable from all other ground cover or surfacing including landscaping or walkways within the front yard, interior side yard, exterior side yard, or rear yard. Table 5-3: Private Garage Width and Driveway Width Regulations by Use for lands identified on Appendix C — Central Neighbourhoods Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 299 of 415 Maximum Maximum driveway width with an Maximum driveway Residential Use private garage width without an attached garage width attached garage 40% of the lot width or a driveway may be as wide as the attached garage 40% of the lot Single Detached 50% of the width The driveway may extend beyond the width width. Dwelling of the front of the attached garage to a maximum total Per Section 5.4 f), lot Appendix fa ade closest to width of 40% of the lot; and shall be located no drivewayshall awithin - no closer than the required side yard setback Central Neighbourhoodds. Ce the street at of the dwelling which is not located along the exceed 8 metres in For all other areas, see Table 5-2. grade common wall of the same dwelling. width. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 40% of the lot width or 5.2 metres, whichever is less, and a driveway may be as wide as 40% of the lot the attached garage. width or 5.2 Semi -Detached 50% of the widthmetres, The driveway may extend beyond the width whichever is less. Dwelling of the front of the attached garage to a maximum total On alot within Appendix C- fagade closest to width of 40% of the lot; and shall be located Per Section 5.4 f), Central Neighbourhoods. the street at grade no closer than the required side yard setback of the dwellin which is not located along the g g no driveway shall exceed 8 metres in For all other areas, see Table 5-2. common wall of the same dwelling. width. Per Section 5.4 f), no driveway shall exceed 8 metres in width. 60% of the lot width or 5.2 metres, whichever is less, and a driveway may be as wide as 60% of the lot Street the attached garage. width or 5.2 Townhouse 60% of the width of the front The driveway may extend beyond the width metres, whichever Dwelling facade closest to of the attached garage to a maximum total is less. On alot within Appendix C- the street at width of 60% of the lot; Exterior end unit Per Section 5.4 f), Central Neighbourhoods. grade driveways shall be located no closer than the no driveway shall y For all other areas, see Table 5-2. required side yard setback of the dwelling. exceed 8 metres in Per Section 5.4 f), no driveway shall exceed width. 8 metres in width. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 299 of 415 SECTION 5 5.5 BICYCLE PARKING STALL PROVISIONS Page 10 of 26 a) Class A bicycle parking stalls shall only be required for buildings or portions of buildings that were not existing on the effective date of the By-law. b) Class A bicycle parking stalls shall be located within a building, structure, and/or bicycle locker. C) Bicycle parking stalls shall be a minimum of 1.8 metres in length, a minimum of 0.6 metres in width, and overhead clearance in covered spaces shall be a minimum of 2.1 metres. Despite the above, where a bicycle parking stall provides for vertical storage of a bicycle, the minimum length may be reduced to 1.2 metres. d) Despite Subsections a) and c), where a Class A bicycle parking stall is located within a bicycle locker, overhead clearance shall not be required. e) Bicycle parking stalls shall abut an access aisle which shall be a minimum of 1.5 metres in width. Illustration 5-6: Bicycle Parking Stalls and Access Aisle Dimensions Plan View sr+ 0.6m Minimum 4 Width f �4. f 1.Sm 1.8m Bicycle 1.2m Aceess Minimum Rack Minimum Aisle Length Length 21 m 1.5m —� Minimum Access clearance Aisle Slde View Side view f) Shower and change facilities shall be provided in conjunction with the Class A bicycle parking stalls required for any non-residential uses in accordance with Table 5-4. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 300 of 415 SECTION 5 Table 5-4: Regulations for Shower and Change Facilities Page 11 of 26 Required Number of Class A Bicycle Parking Stalls Minimum total area of Shower and Change Facilities Minimum number of Showers within Shower and Change Facilities 5-60 8 m2 2 showers 61-120 12 m2 4 showers 121-180 16 m2 6 showers Greater than 180 20 m2 8 showers g) Despite Table 5-5, the number of parking spaces required for any non-residential use requiring shower and change facilities may be reduced by 1 parking space per required shower. 5.6 MINIMUM AND MAXIMUM PARKING SPACE PROVISIONS a) Parking spaces, visitor parking spaces, and bicycle parking stalls shall be provided for any use, where a zone permits the use, at a minimum and maximum of the rates specified for the applicable zone(s) within Table 5-5. b) On a lot with existing parking spaces that exceed the maximum number of parking spaces permitted through Table 5-5, the number of existing parking spaces shall be maximum number of parking spaces. C) Except in a UG6-SGA zone, the maximum parking space requirement in Table 5- 5 shall only apply where 20 or more parking spaces are required. Where 19 or fewer parking spaces is the minimum requirement, the maximum parking space requirement shall be: i) The minimum parking spaces required plus 5 parking spaces. d) Where the calculation of the total required parking spaces, visitor parking spaces, or bicycle parking stalls results in a fraction, then the requirement shall be the next higher whole number. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 301 of 415 SECTION 5 Page 12 of 26 Table 5-5: Regulations for Minimum and Maximum Parking Requirements Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 302 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1 IGG SGA Zones I MIX Zones All Other Zones RESIDENTIAL Minimum 1 parking space No minimum 63 m2 GFA 63 m2 GFA per: Lodging House; Maximum 1 parking space 92 m2 GFA 48 m2 GFA 48 m2 GFA per: Minimum parking No minimum 0.9 per dwelling 1.0 per dwelling unit spaces: unit 10% of provided 5-80 dwelling units: 0.15 parking spaces, 0.1 per dwelling per dwelling unit Multiple Minimum visitor only where 11 or unit only where 5 Residential parking spaces: more dwelling units or more dwelling OR Buildings: units are on a lot are on a lot (5)9-peK .���,an;,,n , �„;+ 81+ dwelling units: 0.1 per g Cluster dwelling unit Townhouse Maximum parking 1.3 per dwelling 1.3 per dwelling Dwelling; spaces (including unit unit 1.4 per dwelling unit visitor): Dwelling Unit; Minimum Class A 1 per dwelling unit 0.5 per dwelling 0.5 per dwelling unit Bicycle Parking without a private unit without a without a private garage Multiple Dwelling; Stalls: garage private garage Minimum Class B 2, or 6 where more 2, or 6 where Bicycle Parking than 20 dwelling more than 20 2, or 6 where more than 20 Stalls: units are on a lot dwelling units are dwelling units are on a lot on a lot Minimum 1 parking space No minimum 92 m2 GFA 92 m2 GFA per: Maximum 1 parking space 92 m2 GFA 70 m2 GFA 70 m2 GFA Residential Care per: Facility, Large Minimum 1 Class A Bicycle Parking 110 m2 GFA 710 m2 GFA 710 m2 GFA Stallper: Class B Bicycle 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater than 550 Parking Stalls: than 550 m2 GFA than 550 m2 GFA m2 GFA Residential Care Minimum parking Facility, Small spaces: 44allo minimum 2 per facility 2 per facility Single -Detached Dwelling, Semi - Detached Dwelling, Minimum parking 44allo minimum n/a 1 per dwelling unit and Street spaces: Townhouse Dwelling; Additional Dwelling Unit (Attached) and Minimum parking 44allo minimum n/a 1 per dwelling unit Additional Dwelling spaces: Unit Detached Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 302 of 415 SECTION 5 Page 13 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 303 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls I IGG SGA Zones I MIX Zones All Other Zones NON-RESIDENTIAL Agricultural: Agriculture; Agriculture- Minimum parking n/a n/a 0 Related; and, spaces: On -Farm Diversified Minimum parking n/a n/a 3 per service bay spaces: Maximum parking n/a n/a 130% of the minimum spaces: parkin spaces Automotive Detailing and Minimum 1 Class Repair Operation A Bicycle Parking n/a n/a z 1,500 m GFA Stall per: Minimum 1 Class B Bicycle Parking n/a n/a 3,000 m2 GFA Stall per: Minimum 1 parking space No minimum 20 m2 GFA 20 m2 GFA per: Maximum 1 parking space 23 m2 GFA 15 m2 GFA 15 m2 GFA per: Brewpub Minimum 1 Class A Bicycle Parking 250 m2 GFA 250 m2 GFA 250 m2 GFA Stallpe[:_] Minimum Class B Bicycle Parking 2 2 2 Stalls: Campground Minimum parking n/a n/a 1.1 per campsite spaces: Minimum parking 0, provide stacking spaces Car Wash n/a n/a in accordance with Section spaces: 5.11 Cemetery Minimum parking 0 0 0 spaces: Minimum 1 parking space No minimum 40 m2 GFA 40 m2 GFA per: Maximum 1 parking space 60 m2 GFA 23 m2 GFA 23 m2 GFA Commercial per: Entertainment Minimum 1 Class A Bicycle Parking 500 m2 GFA 500 m2 GFA 500 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 250 m2 GFA 250 m2 GFA 250 m2 GFA Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 303 of 415 SECTION 5 Page 14 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 304 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1I= SGA Zones MIX Zones All Other Zones Commercial Minimum parking 0 n/a 0 Parking Facility spaces: Commercial Minimum parking Vehicle Wash n/a n/a 1 per bay Facility spaces: Minimum 1 parking space No minimum 40 mz GFA 30 m2 GFA per: Maximum 1 Day Care Facility parking space 92 m2 GFA 30 mz GFA 23 m2 GFA per: Minimum 1 Class A Bicycle Parking 333 m2 GFA 500 m2 GFA 500 m2 GFA Stallper: Drive -Through Minimum parking n/a n/a 0, provide stacking spaces in Facility spaces: accordance with Section 5.11 Industrial Minimum 1 Employment: parking space No minimum 90 m2 GFA 90 m2 GFA Catering Service per: Establishment; Heavy Repair Operation; Indoor Recycling Operation; Maximum 1 parking space 92 m2 GFA 70 mz GFA 70 m2 GFA Manufacturing; per: Outdoor Recycling Operation; Printing or Publishing Minimum 1 Class Establishment; A Bicycle Parking 1,000 m2 GFA 1,500 mz GFA 1,500 m2 GFA Propane Facility; Stall per: Restoration, Janitorial or Security Services; and, Tradesperson or Minimum 1 Class Contractor's B Bicycle Parking 2,000 m2 GFA 3,000 m2 GFA 3,000 m2 GFA Establishment Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 304 of 415 SECTION 5 Page 15 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 305 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1I= SGA Zones MIX Zones All Other Zones Minimum 1 parking space No minimum 30 m2 GFA 20 m2 GFA per: Maximum 1 parking space 60 m2 GFA 23 m2 GFA 15 m2 GFA per: Fitness Centre Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 250 m2 GFA 500 m2 GFA 500 m2 GFA Stallper: Minimum 1 parking space n/a n/a 23 m2 GFA per: Funeral Home Maximum 1 parking space n/a n/a 17 m2 GFA per: Gas Station Minimum parking n/a n/a 0, provide stacking spaces in spaces: accordance with Section 5.11 Minimum parking n/a n/a 1 per 23 m2 GFA, plus 4 spaces: per golf course hole Golf Course Minimum 1 Class A Bicycle Parking n/a n/a 1,000 m2 GFA Stall per: Minimum 1 parking space No minimum 19 m2 GFA 19 m2 GFA per: Maximum 1 parking space 23 m2 GFA 15 m2 GFA 15 m2 GFA per: Health Clinic Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 167 m2 GFA 333 m2 GFA 333 m2 GFA Stall per: Minimum number 1 plus any 1 for occupation plus 1 for any Home Occupation of parking No minimum parking spaces non-resident employee plus required for the any parking spaces required spaces: dwelling unit (1) for the dwelling unit (1) Minimum parking No minimum 1 per bed 1 per bed spaces: Maximum parking 1 per bed 1.3 per bed 1.3 per bed spaces: Hospice Minimum 1 Class A Bicycle Parking z 125 m GFA z 500 m GFA z 500 m GFA Stallper: Minimum 1 Class B Bicycle Parking 167 m2 GFA 667 m2 GFA 667 m2 GFA Stallper: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 305 of 415 SECTION 5 Page 16 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 306 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1'GrSGA Zones MIX Zones All Other Zones Minimum 1 parking space No minimum n/a 70 m2 GFA per: Maximum 1 parking space 70 m2 GFA n/a 54 m2 GFA per: Hospital Minimum 1 Class A Bicycle Parking 750 m2 GFA n/a 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 1,500 m2 GFA n/a 2,000 m2 GFA Stallper: Minimum parking No minimum 1 per guest room 1 per guest room spaces: Maximum parking 1 per guest room 1.3 per guest 1.3 per guest room spaces: room Hotel Minimum Class A Bicycle Parking 1 per 30 guest 1 per 40 guest 1 per 40 guest rooms Stalls: rooms rooms Minimum Class B 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater than 75 Bicycle Parking than 75 guest than 75 guest guest rooms Stall: rooms rooms Industrial Minimum parking n/a n/a The greater of 1 per 1,500 Storage and spaces: m2 GFA, or 2 Transport: Bulk Fuel and Oil Storage Establishment; Maximum 1 parking space n/a n/a 70 m2 GFA Salvage or Scrap per: Yard; Towing Compound; Minimum 1 Class A Bicycle Parking n/a n/a 1,500 m2 GFA Transportation Stall per: Facility; Truck Transport Terminal; and, Minimum 1 Class Warehouse B Bicycle Parking n/a n/a 3,000 m2 GFA Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 306 of 415 SECTION 5 Page 17 of 26 Draft — November 2023 www.EngageWR.ca/Growl ngTogether Page 307 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls I I= SGA Zones MIX Zones All Other Zones Minimum 1 parking space 44allo minimum 90 m2 GFA 90 m2 GFA per: Maximum 1 parking space 95 m2 GFA 70 m2 GFA 70 m2 GFA Light Repair per: Operation Minimum 1 Class A Bicycle Parking 1,000 m2 GFA 1,500 m2 GFA 1,500 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 2,000 m2 GFA 3,000 m2 GFA 3,000 m2 GFA Stallper: Natural Heritage Minimum parking n/a n/a 0 Conservation spaces: �Ainimi im narl inry 444 pla „„14 f\Aovim--- m 9 rnummmT tits- m-1 a F= 'c 44a P14 Night 04414 nor N '. d6 yGle a4 inryI Stag ei= QQ PA -1 a F A 444 P14 4,g, dtQii� 2 nor night G" ih 444 P14 Minimum 1 parking space 444No minimum 35 m2 GFA 35 m2 GFA per: Maximum 1 parking space 24 m2 GFA444 24 m2 GFA 24 m2 GFA per: Multi -Unit Parking Rate (2)(3)(4) Minimum 1 Class A Bicycle Parking 1,000 m2 GFA444 1,000 m2 GFA 1,000 m2 GFA Stall per: Minimum 1 Class 333 m2 GFA 444 B Bicycle Parking 333 mz GFA 333 m2 GFA Stall per: Draft — November 2023 www.EngageWR.ca/Growl ngTogether Page 307 of 415 SECTION 5 Page 18 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 308 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1IGGSGA Zones MIX Zones All Other Zones Office and Office -Related: �}2- GF= oRly fnr Minimum 1 e##ise GFS Biotechnological parking space exsessaf 33 m2 GFA 33 m2 GFA Establishment; per: 4,000m-2.No minimum Computer, Electronic, Data Processing, or Maximum 1 Server parking space 38 m2 GFA 25 m2 GFA 25 m2 GFA Establishment; per: Industrial Administrative Office; Minimum 1 Class A Bicycle Parking 333 m2 GFA 500 m2 GFA 500 m2 GFA Office; Stall per: Research and Development Establishment; and, Minimum 1 Class B Bicycle Parking 500 m2 GFA 750 m2 GFA 750 m2 GFA Social Service Stall per: Establishment Minimum parking n/a n/a 2 per court, plus 20 per Outdoor Active spaces: playing field Recreation Minimum Class 8 1 per court plus 6 per Bicycle Parking n/a n/a playing field Stalls: Outdoor Passive Minimum parking n/a n/a 0 Recreation spaces: Minimum 1 Place of parking space No minimum 23 m2 GFA 23 m2 GFA Assembly and per: Community: Maximum 1 Community parking space 75 m2 GFA 17 m2 GFA 17 m2 GFA Facility; per: Conference, Convention, or Minimum 1 Class Exhibition Facility; A Bicycle Parking 500 m2 GFA 1000 m2 GFA 1,000 m2 GFA and, Stall per: Cultural Facility Minimum 1 Class B Bicycle Parking 250 m2 GFA 500 m2 GFA 500 m2 GFA Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 308 of 415 SECTION 5 Page 19 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 309 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1I= SGA Zones MIX Zones All Other Zones Minimum 1 parking space No minimum 23 m2 GFA 23 m2 GFA per: Maximum 1 parking space 30 m2 GFA 17 m2 GFA 17 m2 GFA per: Place of Worship Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 250 m2 GFA 500 m2 GFA 500 m2 GFA Stallper: Minimum 1 parking space No minimum 7.5 m2 GFA 7.5 m2 GFA per: Maximum 1 parking space 15 m2 GFA 5 m2 GFA 5 m2 GFA per: Restaurant Minimum 1 Class A Bicycle Parking 100 m2 GFA 250 m2 GFA 250 m2 GFA Stall per: Minimum Class B Bicycle Parking 2 per restaurant 2 per restaurant 2 per restaurant Stalls: Minimum 1 100 m2 GFA, including parking space 44allo minimum n/a portables per: Maximum 1 75 m2 GFA, 75 m2 GFA, including parking space including n/a portables School,per: portablesP4 Elementary Minimum 1 Class A Bicycle Parking 1,000 m2 GFA44 n/a 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking 100 m2 GFA n/a 100 m2 GFA Stall per: Minimum 1 parking space No minimum n/a 77 m2 GFA per: Maximum 1 parking space 130 m2 GFA n/a 60 m2 GFA School, Post- per: Secondary Minimum 1 Class A Bicycle Parking 50 m2 GFA n/a 50 m2 GFA Stall per: Minimum Class 8 the greater of 1 per the greater of 1 per 50 m2 Bicycle Parking 50 m2 GFA, or 3 n/a GFA, or 3 Stalls: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 309 of 415 SECTION 5 Page 20 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 310 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1'GrSGA Zones MIX Zones All Other Zones Minimum 1 120 m2 GFA including parking space No minimum n/a portables per. Maximum 1 125 m2 GFA, plus 2 92 m2 GFA including Adult Education parking space per portable n/a portables School; and, per: School, Minimum 1 Class Secondary A Bicycle Parking 500 m2 GFA n/a 1,000 m2 GFA Stall per: Minimum 1 Class B Bicycle Parking 100 m2 GFA n/a 100 m2 GFA Stall per: Services and Retail: Animal Shelter; Artisan's Establishment; Building Material and Decorating Supply Establishment; Convenience Retail; Craftsperson Shop; Financial Establishment; Garden Centre, Nursery, and/or Landscaping Supply; Major Equipment Supply and Service; Pawn Establishment; Payday Loan Establishment; Personal Services; Pet Boarding; Pet Services Establishment; Print Shop; Propane Retail Outlet; Retail; and, Retail of Motor Vehicles and Major Recreational Equipment. Minimum 1 parking space No minimum 40 m2 GFA 33 m2 GFA per: Maximum 1 parking space 72 m2 GFA 27 m2 GFA 24 m2 GFA per: Services and Retail (see uses above) Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 mz GFA 1,000 m2 GFA Stall per: Minimum 1 Class B Bicycle Parking 167 m2 GFA 333 m2 GFA 333 m2 GFA Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 310 of 415 SECTION 5 Page 21 of 26 Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 311 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls 1'GrSGA Zones MIX Zones All Other Zones Minimum 1 parking space No minimum 40 m2 GFA 40 m2 GFA per: Training: Maximum 1 Commercial parking space 42 m2 GFA 30 m2 GFA 30 m2 GFA Driver and per: Training Establishment; and, Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Commercial Stall per: School; Minimum 1 Class B Bicycle Parking 167 m2 GFA 333 m2 GFA 333 m2 GFA Stall per: Minimum 1 parking space n/a n/a 33 m2 GFA per: Maximum 1 Large parking space n/a n/a 25 m2 GFA per: Merchandise Minimum 1 Class Retail A Bicycle Parking n/a n/a 1,000 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking n/a n/a 500 m2 GFA Stall per: Minimum 1 40 m2 GFA, exclusive of parking space n/a n/a any parking for fleet per: vehicles Maximum 1 30 m2 GFA, exclusive of parking space n/a n/a any parking for fleet Transportation per: vehicles Depot Minimum 1 Class A Bicycle Parking n/a n/a 1,500 m2 GFA Stallper: Minimum 1 Class B Bicycle Parking n/a n/a 3,000 m2 GFA Stallper: Minimum 1 parking space No minimum 40 m2 GFA 40 m2 GFA per: Veterinary Maximum 1 Services parking space z 53 m GFA z 30 m GFA z 30 m GFA per: Minimum 1 Class A Bicycle Parking 500 m2 GFA 1,000 m2 GFA 1,000 m2 GFA Stall per: Draft — November 2023 www.En_qa_qeWR.ca/Growin_qTo_qethe Page 311 of 415 SECTION 5 Page 22 of 26 Additional Regulations for Minimum and Maximum Parking Requirements Table 5-5 (1) 0 parking spaces are required for a home occupation use that is an office or indirect sales with no employees or clients to the premises, or for a home occupation within a single detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. If the home business does not have a non-resident employee, then the required parking spaces for the home business and dwelling unit may be arranged in tandem. (2) The multi -unit parking rate shall only be applied where there are three or more separate spaces for lease and/or occupancy and shall not include manufacturing or warehouse. (3) The following shall only apply to a multi -unit building or multi -unit development with a gross floor area of 1,000 square metres or less where the multi -unit parking rate applies: a. Restaurant and health clinic shall each only be permitted to use the multi -unit parking rate up to a maximum of 30 percent of the gross floor area of the multi -unit building or multi -unit development. Parking space requirements for additional gross floor area shall be in accordance with the individual rate identified in Table 5-5; b. Subsection a) shall not apply to bicycle parking stall requirements. (4) In an EMP zone, the parking space and bicycle parking stall requirements shall be the lesser of the multi -unit parking rate or the aggregate individual use requirement. assumption of 1 parking space per dwelling unit may be assigned and summed, and the 10% requirement applied to this sum total. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 312 of 415 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Use Spaces, and Bicycle Parking Stalls I IGGSGA Zones I MIX Zones All Other Zones OTHER USES Minimum 1 parking space No minimum 40 mz GFA 40 mz GFA per: All other uses not Maximum 1 parking space 42 mz GFA 30 mz GFA 30 mz GFA otherwise listed per: Minimum Class B 10% of total 10% of total 10% of total required Bicycle Parking required parking required parking parking spaces Stalls: spaces spaces Additional Regulations for Minimum and Maximum Parking Requirements Table 5-5 (1) 0 parking spaces are required for a home occupation use that is an office or indirect sales with no employees or clients to the premises, or for a home occupation within a single detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), semi-detached dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), street townhouse dwelling with an additional dwelling unit(s) attached or additional dwelling unit (detached), cluster townhouse dwelling, or multiple dwelling. If the home business does not have a non-resident employee, then the required parking spaces for the home business and dwelling unit may be arranged in tandem. (2) The multi -unit parking rate shall only be applied where there are three or more separate spaces for lease and/or occupancy and shall not include manufacturing or warehouse. (3) The following shall only apply to a multi -unit building or multi -unit development with a gross floor area of 1,000 square metres or less where the multi -unit parking rate applies: a. Restaurant and health clinic shall each only be permitted to use the multi -unit parking rate up to a maximum of 30 percent of the gross floor area of the multi -unit building or multi -unit development. Parking space requirements for additional gross floor area shall be in accordance with the individual rate identified in Table 5-5; b. Subsection a) shall not apply to bicycle parking stall requirements. (4) In an EMP zone, the parking space and bicycle parking stall requirements shall be the lesser of the multi -unit parking rate or the aggregate individual use requirement. assumption of 1 parking space per dwelling unit may be assigned and summed, and the 10% requirement applied to this sum total. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 312 of 415 SECTION 5 Page 23 of 26 5.7 PARKING REQUIREMENTS FOR MIXED-USE BUILDINGS & DEVELOPMENTS a) Where there is a residential use on a lot where the non-residential uses qualify for the multi -unit parking rate, the following shall apply: i) Visitor parking spaces shall not be required for the residential use; and, ii) All parking spaces shall be shared between uses and unassigned. 5.8 ELECTRIC VEHICLE PARKING SPACE PROVISIONS a) A minimum of 20 percent of the parking spaces required for multiple dwellings shall be designed to permit the future installation of electric vehicle supply equipment. b) 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. C) Despite Subsection b), where the calculation of the total required electric vehicle parking spaces or parking spaces designed to permit the future installation of electric vehicle supply equipment results in a fraction, then the requirement shall be the next lowest number. d) All required electric vehicle parking spaces shall be clearly identified and demarcated. e) In a UGGSGA zone, Subsections a) through d) shall apply to the number of parking spaces provided, where any are provided at all. f) Subsections a) through e) shall only be required for buildings or portions of buildings that were not existing on the date of passage of this By-law. 5.9 BARRIER -FREE ACCESSIBLE PARKING SPACE PROVISIONS a) Type A barrier -free accessible parking spaces must be a minimum of 3.4 metres in width and a minimum of 5.5 metres in length. b) Type B barrier -free accessible parking spaces must be a minimum of 2.4 metres in width and a minimum of 5.5 metres in length. C) Where one barrier -free accessible parking space is required, it shall be a Type A barrier -free accessible parking space. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 313 of 415 SECTION 5 Page 24 of 26 d) Where an even number of barrier -free accessible parking spaces are required, an equal number of Type A and Type B barrier -free accessible parking spaces shall be provided. e) Where an odd number of barrier -free accessible parking spaces are required, an equal number of Type A and Type B barrier -free accessible parking spaces shall be provided, where the additional parking space may be a Type B barrier -free accessible parking space. f) Access aisles shall be provided for all barrier -free accessible parking spaces, may be shared between two spaces, and shall meet the following requirements: i) the access aisles shall be a minimum of 1.5 metres in width; ii) the access aisle shall extend the full length of the parking space; and, iii) the access aisles shall be marked with high tonal contrast diagonal lines, which discourage parking in them, where the surface is asphalt, concrete or some other dust -free hard surface. g) Barrier -free accessible parking spaces shall be provided in accordance with Table 5-6, rounding up to the nearest whole number. Table 5-6: Regulations for Barrier -Free Accessible Parking Space Requirements 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 h) 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. i) A maximum of 50 percent of the barrier -free accessible parking spaces for a residential use may also be counted toward the required visitor parking spaces for the same use. j) Despite Subsections c) through i), barrier free accessible parking spaces are not required on a lot with only 4 or fewer dwelling units. 5.10 LOADING SPACE PROVISIONS Where one or more loading spaces are provided, the following shall apply: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 314 of 415 SECTION 5 Page 25 of 26 a) loading space shall not be permitted within 6 metres of a street line; and, b) loading spaces shall not be permitted within 7.5 metres of an abutting residential zone unless the loading spaces are located entirely within a building. 5.11 STACKING PROVISIONS a) Stacking lanes shall not be located within 3 metres of a street line. b) Stacking lanes for a drive-through facility shall not be located within a front yard or exterior side yard. C) Despite Subsection b), on a corner lot, stacking lanes for a drive through facility may locate in either a front yard, or exterior side yard, but not both. d) Entrance ways to stacking lanes shall be separated a minimum travelled distance of 16.5 metres from the closest driveway, measured from the centre point of the closest driveway at the lot line along the route travelled to the last required stacking space in the stacking lane. e) A stacking space shall be a minimum of 2.6 metres in width and a minimum of 6.5 metres in length. f) A stacking space shall lead both to and from a fueling area, service window, kiosk, or booth in accordance with Table 5-7. Table 5-7: Regulations for Stacking Space Requirements Use Minimum Number of Stacking Spaces Car Wash automatic 10 Car Wash (self service) 2 per washing bay Financial Establishment 3 Gas Station 2 per fueling area Restaurant 13 Retail 3 g) Subsections a) through f) shall not apply to existing stacking lanes and existing stacking spaces. 5.12 EQUIPMENT AND VEHICLE STORAGE PROVISIONS 5.12.1 Commercial Vehicles and Equipment Parking or storage of commercial vehicles and equipment on lots within a RES zone shall be located fully within an enclosed building or structure. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 315 of 415 SECTION 5 5.12.2 Maior Recreational Equipment Page 26 of 26 a) Parking or storage of major recreational equipment on lots within a RES zone shall be located fully within an enclosed building or structure. b) Despite Subsection a), major recreational equipment may be parked or stored in a rear yard, an interior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. Major recreational equipment that exceeds 1.4 metres in height and is located within an interior side yard shall be located a minimum of 1.2 metres from an interior side lot line. C) Despite Subsection a), major recreational equipment may be parked or stored on a driveway between May 1 and October 31 provided that such equipment is located outside of a driveway visibility triangle. d) Major recreational equipment shall not be used for living, sleeping, or housekeeping purposes when located on a lot within any zone. e) Despite subsections b) and c) above, snowmobiles or other similar winter -season recreational equipment and portable structures for transporting such equipment shall not be stored or parked on a driveway between May 1 st and October 31 st, but may be stored or parked on a driveway wholly inside the lot line between November 1st and April 30th provided that such equipment shall not obstruct the visibility of vehicular or pedestrian traffic movement within a street or lane. 5.12.3 Utility Trailers a) On a lot containing a residential use, a utility trailer shall not be parked or stored in a front yard, or exterior side yard, except in a driveway. b) Despite Subsection a), a utility trailer that exceeds 6 metres in length inclusive of projections and attachments shall not be permitted on a lot within a RES zone. C) Utility trailers may be parked or stored in a rear yard, an interior side yard, or in a carport provided that it is screened by a visual barrier in accordance with Section 4.18 of this By-law. 5.12.4 Vehicles with a Snow Plough Blade No more than one motor vehicle with an attached snow plough blade shall be parked or stored on a lot within a RES zone. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 316 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 6 Strategic Growth Area Zones (SGA) Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 317 of 415 SECTION 6 Page 1 of 11 SECTION 6 — Strategic Growth Area Zones (SGA) The Strategic Growth Area Zones apply to lands designated Strategic Growth Area A, Strategic Growth Area B, and Strategic Growth Area C in the Official Plan. 6.1 APPLICABLE ZONES SGA -1: Low Rise Growth Zone — the purpose of this zone is to create opportunities for missing middle housing and compatible non-residential uses in low-rise forms up to 11 metres in height. This zone applies to lands designated Strategic Growth Area A in the Official Plan. SGA -2: Mid Rise Growth Zone — the purpose of this zone is to create opportunities for moderate growth in mid -rise forms up to 8 storeys in height. The SGA -2 zone will permit a mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area A or Strategic Growth Area B in the Official Plan. SGA -3: High Rise Growth Zone (Limited) — the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms up to 25 storeys in height. The SGA -3 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area B or Strategic Growth Area C in the Official Plan. SGA -4: High Rise Growth Zone — the purpose of this zone is to create opportunities for high-density growth in both mid and high-rise forms. The SGA -4 zone will permit a wide mix of residential and non-residential uses. This zone applies to lands designated Strategic Growth Area C in the Official Plan. 6.2 PERMITTED USES No person shall, within any Strategic Growth Area 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 6-1 below. Table 6-1: Permitted Uses within the Strategic Growth Area Zones Use SGA -1 I SGA -2 I SGA -3 I SGA -4 Residential Uses Dwelling unit ✓ ✓ ✓ ✓ Hospice (1) ✓ ✓ ✓ ✓ Large residential care facility (1) ✓ ✓ ✓ Lodging house (1) ✓ ✓ ✓ ✓ Multiple dwelling ✓ ✓ ✓ ✓ Semi-detached dwelling (2) ✓ ✓(3) (4) Single detached dwelling (2) ✓ ✓(3) (4) Small residential care facility (1) ✓ ✓ ✓ ✓ Street townhouse dwelling (2) ✓ ✓(3) Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 318 of 415 SECTION 6 Page 2 of 11 Use SGA -1 SGA -2 SGA -3 SGA -4 Home Occupations Home occupation 5 5 5 5 Community Uses Adult education school ✓ ✓ ✓ Community facility ✓ ✓ ✓ ✓ Cultural facility ✓ ✓ ✓ ✓ Day care facility ✓ ✓ ✓ ✓ Elementary school ✓ ✓ ✓ Hospital ✓ ✓ Place of worship ✓ ✓ ✓ ✓ Post -secondary school ✓ ✓ ✓ Secondary school ✓ ✓ ✓ Social service establishment ✓ ✓ ✓ ✓ Commercial Uses Artisan's establishment ✓ ✓ ✓ ✓ Brewpub ✓(6) ✓ ✓ ✓ Catering services establishment ✓ ✓ ✓ Commercial entertainment ✓ ✓ ✓ Commercial parking facility ✓ ✓ ✓ Commercial school ✓ ✓ ✓ ✓ Conference, convention, or exhibition Facility ✓ ✓ Craftsperson shop ✓ ✓ ✓ ✓ Financial establishment ✓(6) ✓ ✓ ✓ Fitness centre ✓ ✓ ✓ ✓ Health clinic ✓(6) ✓ ✓ ✓ Hotel ✓ ✓ ✓ Light repair operation ✓ ✓ ✓ ✓ Office ✓ ✓ ✓ ✓ Payday loan establishment ✓(6) ✓ ✓ ✓ Pawn establishment ✓(6) ✓ ✓ ✓ Personal services ✓ ✓ ✓ ✓ Pet services establishment ✓ ✓ ✓ ✓ Print shop ✓ ✓ ✓ ✓ Restaurant ✓(6) ✓ ✓ ✓ Retail ✓ ✓ ✓ ✓ Veterinary services ✓(6) ✓ ✓ ✓ Creative Industry Uses Biotechnological establishment ✓ ✓ ✓ Computer, electronic, data processing or server establishment ✓ ✓ ✓ Creative products manufacturing ✓ ✓ ✓ Research and development establishment ✓ ✓ ✓ Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 319 of 415 SECTION 6 Additional Regulations for Permitted Uses Table 6-1 Page 3 of 11 (1) Shall be in accordance with the regulations of the SGA zone and dwelling type in which the lodging house, hospice, or large or small residential care facility is located. (2) Up to 3 dwelling units shall be permitted on a lot containing a single detached dwelling, semi-detached dwelling unit, or street townhouse dwelling unit in accordance with the regulations for additional dwelling units (attached) and (detached) in Section 4.12.1, 4.12.2, and 4.12.3. Notwithstanding Section 4.12, no minimum lot width or lot area shall apply to additional dwelling units (attached) or (detached) in an SGA zone. (3) Shall only be permitted on a lot containing an existing single detached dwelling, semi- detached dwelling, or street townhouse dwelling. (4) New single detached dwellings and semi-detached dwellings shall not be permitted. Additions and alterations to existing dwellings shall be permitted in accordance with Section 6.3.1, including allowing up to 3 units on a lot. (5) Shall be permitted in accordance with Section 4.7 (Home Occupation). (6) Shall only be permitted on corner lots and shall only be permitted in the front and exterior side yard in accordance with Section 4.14.8.1. 6.3 SGA -1 ZONE REGULATIONS 6.3.1 Single Detached, Semi -Detached, and Street Townhouse Dwelling Units a) Table 6-2 applies to single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units. b) The regulations within Table 6-2 shall not apply to existing buildings or structures. Table 6-2: Single Detached, Semi -Detached, and Street Townhouse Dwelling Units Regulation Single Detached Dwelling Semi- Detached Dwelling unit Street Townhouse Dwelling unit Minimum lot area 235m2 210m2 135m2 Minimum lot width internal unit n/a n/a 5.5m Minimum lot width external unit n/a n/a 8.5m Minimum lot width 9.Om 7.5m n/a Minimum corner lot width 12.8m 12.Om 11.5m Minimum interior side yard setback 1.2m 1.2m 2.5m Minimum front yard or exterior side and setback 4.5m(1)(2) 4.5m(1)(2) 4.5m(1) Minimum rear yard setback 7.5m 7.5m 7.5m Maximum lot coverage 55%(3) 55%(3) 55%(3) Maximum building height 11.0m 11.0m 11.0m Maximum number of stores 3 3 3 Rear yard access n/a n/a 4 Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 320 of 415 SECTION 6 Additional Regulations for Table 6-2 Page 4 of 11 (1) For an addition to an existing dwelling or demolition and replacement of an existing dwelling, the existing front and/or exterior side yard setbacks may be used as the minimum requirement. (2) No part of any building used to accommodate off street parking shall be located closer than 6 metres to the street line. (3) A combined total of 55 percent for all buildings and structures on the lot. Accessory buildings or structures, whether attached or detached, and additional dwelling units (detached) shall not exceed 15 percent. (4) Each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of 0.9 metres, from the front yard to the rear yard of the lot either by: a) direct access on the lot without passing through any portion of the dwelling unit; or, b) direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or c) access over adjacent lands which, if the lands are not owned by the City or the Region, is secured by a registered easement. 6.3.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-3 applies to: Multiple dwellings; ii. Mixed use buildings; and, iii. Non-residential buildings. b) The regulations within Table 6-3 shall not apply to existing buildings and structures. c) Existing buildings may be converted to the following, subject only to the applicable minimum lot width, minimum lot area, parking spaces on a driveway in the front and exterior side yard, and maximum non-residential gross floor area of Table 6-3: a multiple dwelling with 4 or more dwelling units; ii. a mixed use building containing 1 or more dwelling units; and, iii. a non-residential building. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 321 of 415 SECTION 6 Page 5 of 11 Table 6-3: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation Number of dwelling units 4 (1) 5-10 11+ Non - Residential Building Minimum lot width 12.Om 12.Om 18.Om 15.Om Minimum lot area 350m2 450m2 700m2 600m2 Minimum front yard setback 4.5m 4.5m 4.5m 4.5m Parking spaces on a driveway in the front and/or exterior side yard (2) (2) (2) n/a Minimum exterior side yard setback 4.Om 4.Om 4.Om 4.Om Minimum rear and setback 7.5m 7.5m 7.5m 7.5m Minimum interior side yard setback A 1.5m 1.5m 2.5m 2.5m Minimum interiorside yard setback B 2.5m 2.5m 2.5m 2.5m Minimum floors ace ratio n/a n/a 0.6 0.6 Maximum building height 11.0m 11.0m 11.0m 11.0m Maximum building length 20.Om 24.Om 36.Om 36.Om Minimum street line fa ade openings 20% 20% 20% 20% Minimum landscaped area 30% 30% 30% 30% Minimum rear yard landscaped area 40% 40% 40% 40% Maximum non-residential gross floor area 3 100m2 150m2 200m2 200m2 Additional Regulations for Table 6-3 (1) Shall also apply to a mixed use building containing 1-3 dwelling units. (2) Despite Section 5.3.3 b) i), parking spaces may be provided in the front and exterior side yard, provided they are located on a driveway that conforms with regulations of Section 5.4 and Table 5-2 for single detached dwelling. No additional regulations shall apply for a lot identified on Appendix C - Central Neighbourhoods. Parking spaces may be located on a driveway. (3) Non-residential gross floor area shall not be permitted in a detached accessory building or structure. 6.4 SGA -2 ZONE REGULATIONS 6.4.1 Single Detached, Semi -Detached, and Street Townhouse Dwellings a) For single detached dwellings, semi-detached dwelling units, and street townhouse dwelling units, refer to Section 6.3.1 for regulations. 6.4.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. Draft - November 2023 www.EngageWR.ca/GrowingTogether Page 322 of 415 SECTION 6 Page 6 of 11 b) Further to subsection a), these buildings may exceed the maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.4.3 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-4 applies to: i. Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-4 shall not apply to existing buildings or structures. Table 6-4: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation SGA -2 For Entire Building Minimum lot width 30.0m(1) Minimum lot area 1,500m2 Minimum yard setback 3.Om Minimum floors ace ratio 1.0 Maximum building height 8 storeys Minimum fa ade openings 10% Minimum street line fa ade o enin s 20% Minimum landscape area 20%(2) For Storeys, 7 and Above Minimum yard setback 6.Om Maximum building length 60.Om Maximum floor plate area 2,00Om2 Transition to Low Rise Zones Maximum building height within 12m of a lot with an SGA -1 zone or a lot with a low-rise residential zone 12.Om Minimum rear yard setback where the lot abuts a lot with an SGA -1 zone or a low-rise residential zone 7.5m For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 for additional regulations. Private Amenity Space Requirements Refer to Section 6.7 — Private AmenityS ace. Additional Regulations for Table 6-4 (1) Despite Section 3, for a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. (2) The requirement for a lot abutting a Priority Street segment identified on Appendix G shall be 0%. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 323 of 415 SECTION 6 6.5 SGA -3 AND SGA -4 ZONE REGULATIONS Page 7 of 11 6.5.1 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings up to 4 Storeys in Height a) For multiple dwellings up to 4 storeys in height, mixed use buildings up to 4 storeys in height, and non-residential buildings up to 4 storeys in height, refer to Section 6.3.2 for regulations. b) Further to subsection a), these buildings may exceed the maximum building height, maximum number of storeys, and maximum non-residential gross floor area within Table 6-3. 6.5.2 Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings a) Table 6-5 applies to: Multiple dwellings 5 storeys and greater; ii. Mixed use buildings 5 storeys and greater; and, iii. Non-residential buildings 5 storeys and greater. b) The regulations within Table 6-5 shall not apply to existing buildings or structures. Table 6-5: Multiple Dwellings, Mixed Use Buildings, and Non -Residential Buildings Regulation SGA -3 & SGA -4 For Entire Building Minimum lot width 30.0m(l) Minimum lot area 1,500m2 Minimum yard setback 3.Om Minimum building base height 3 storeys Maximum building base height 6 storeys Minimum floors ace ratio 2.0 Maximum building height in the SGA -3 zone 25 storeys Minimum street line ground floor building height 4.5m Minimum fa ade openings 10% Minimum street line fa ade openings 20% For Storeys 7-12 Minimum lot width 30.Om Minimum lot area 1,500m2 Minimum front and exterior side yard setback 6.Om Maximum building length 60.Om Maximum floorplate area 2,OOOm2 Physical separation 6.Om For Storeys 13-18 Minimum lot width 36.Om Minimum lot area 1,800m2 Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 324 of 415 SECTION 6 Page 8 of 11 Minimum front and exterior side yard setback 6.Om Maximum building length 54.Om Maximum floorplate area 1,200m2 Physical separation 9.Om For Storeys 19-36 Minimum lot width 42.Om Minimum lot area 2,00Om2, Minimum front and exterior side yard setback 6.Om Maximum building length 48.Om Maximum floorplate area 900m2 Physical separation 12.Om For Storeys 37 and Above Minimum lot width 48.Om Minimum lot area 2,400m2 Minimum front and exterior side yard setback 6.Om Maximum building length 36.Om Maximum floor plate area 850m2 Physical separation 15.Om Transition to Low Rise Zones Maximum building height within 12m of a lot with an SGA -1 zone or a lot with a low-rise residential zone 12.Om Minimum rearyard setback where the lot abuts a lot with an SGA- 1 zone or a low-rise residential zone 7.5m For Lot Lines Abutting a Priority Street Identified on Appendix G Refer to Section 6.6 — PrioritStreets. Private Amenity Space Requirements Refer to Section 6.7 — Private Amenity Space. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 325 of 415 SECTION 6 Additional Regulations for Table 6-5 Page 9 of 11 (1) For a lot with more than one street line, minimum lot width may be measured from the longest lot line abutting a street. Illustration 6-1: Physical Separation, Building Length, and Floor Plate Area 6.6 PRIORITY STREETS a) For lot lines abutting street line segments identified on Appendix G —Priority Streets, the following shall apply: a Community Use or Commercial Use listed in Table 6-1 shall occupy a minimum of 50% of the street line ground floor, excluding office and commercial parking facility; ii. above grade structured parking spaces shall not be permitted along the street line ground floor or street line second floor, except for access; iii. above grade structured parking spaces shall not occupy more than 50% of the area of the street line fagade within the base of a building; iv. surface parking spaces shall not be permitted within 6 metres of the street line; v. on lots zoned SGA -2, the minimum street line ground floor building height shall be 4.5 metres. The requirement for lots zoned SGA -3 and SGA -4 shall be in accordance with Table 6-5; vi. the minimum street line ground floor facade openings shall be 40%, measured between 0.5m and 4.5m above exterior finished grade along the entire width of the street line fagade; Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 326 of 415 SECTION 6 Page 10 of 11 Illustration 6-2: Street Line Facade Openings Measurement vii. for storeys 1-6, the minimum interior side yard setback shall be Om; and, viii. for storeys 2-6, the minimum front and exterior side yard shall be Om; 6.7 PRIVATE AMENITY SPACE a) Private amenity space shall be required as follows: I. In an SGA -2 zone, 4m2 of private amenity space is required per dwelling unit; and, II. In an SGA -3 and SGA -4 zone, 8m2 of private amenity space is required per dwelling unit. b) Further to subsection a), balconies, where provided, may count towards private amenity space requirements where they achieve: I. A minimum depth of 1.2m; and, II. A minimum area of 4m2, excluding area occupied by mechanical equipment such as air conditioning units. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 327 of 415 SECTION 6 Page 11 of 11 6.8 REDUCTIONS IN REGULATIONS RESULTING FROM STREET WIDENING a) If the acquisition of land, by registration on title on or after the date of the passing of this by-law, to widen a street or to provide a corner visibility triangle results in non- compliance with regulations existing on the date of acquisition and respecting lot area, floor space ratio, lot width or yards, a building or use shall be deemed to comply with such regulations only in the circumstances which follows: where the building or use existed at the date of the acquisition; ii. where a building or use is proposed to be developed by the same owner who conveyed the land for street widening or corner visibility triangle; or iii. where a building or use is proposed to be developed in strict accordance with an approved site plan applied for by a previous owner, which required the conveyance of land for street widening or corner visibility triangle; and, iv. subsections i) through iii) shall only apply provided that: where the lot is rezoned after the acquisition of land for street widening or corner visibility triangle, no greater benefit shall be obtained than that which could be obtained based on the zoning in effect on the date of such acquisition; and, ii. the provisions of this section shall not apply in circumstances where the conveyance of land for street widening or corner visibility triangle is a requirement of a subdivision of land approval. b) If the acquisition of land to widen a street or to provide a corner visibility triangle results in non-compliance with regulations not listed in subsection a) and existing on the date of acquisition, the non-compliance with those regulations shall be deemed to comply where the building or use legally existed on the date of the acquisition. 6.9 OUTDOOR STORAGE a) No outdoor storage shall be permitted. This shall not however prevent the display of goods for retail purposes. Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 328 of 415 Zoning By-law Sections Proposed to be Amended as part of Growing Together Section 18 Draft — November 2023 Transition Provisions www.EngageWR.ca/GrowingTogether Page 329 of 415 SECTION 18 SECTION 18 — Transition Provisions 18.1 GENERAL TRANSITION MATTERS Page 1 of 3 Subject to Section 1.4 and except as provided in Sections 18.2 and 18.3, the provisions of this By-law will otherwise apply. 18.2 COMPLETE APPLICATION TRANSITION MATTERS a) For the purposes of this Section: i) "complete application" means an application that contains sufficient particulars and information to allow it to be processed and approved. An application that is incomplete becomes a complete application on the date that the required particulars and information are provided to the City. ii) "complied with the provisions of By-law Number 85-1" means: a. the land, building, or structure fully complies with the provisions of By -Law Number 85-1 as it existed immediately before the effective date of this By-law; or, b. the land, building, or structure fully complies with a minor variance from the provisions of By-law Number 85-1 which was approved on or after January 1, 2017. iii) "effective date of this By-law" means the date on which the lands to which the provisions of section 18 apply, were included on Appendix `A', either through the initial passing of this By-law, or by amendment. b) Despite Sections 1.7 and 1.8, nothing in this By-law applies to prevent the issuance of any building permit where: i) a complete application for such building permit was made on or before the effective date of this By-law and said complete application complied with the provisions of By-law Number 85-1; or, ii) a complete application for such building permit was made after the effective date of this By-law and is in respect of a lot to which Subsections c), d) or e) apply and the said complete application complied with the provisions of By-law Number 85-1; C) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of any: Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 330 of 415 SECTION 18 Page 2 of 3 i) site plan control approval where a complete application for such site plan control approval was made on or before the effective date of this By-law and the said complete application complied with the provisions of By-law 85-1. ii) approval of a minor modification, as determined by the Director of Planning or designate, to an approved site plan which was approved on or after January 1, 2017 where a complete application for such modification was made after the effective date of this By-law and the said complete application complied with the provisions of By-law 85-1. d) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of subdivision where draft approval for such plan of subdivision was finally granted. e) Despite Sections 1.7 and 1.8, nothing in the By-law applies to prevent the issuance of the final approval of a plan of condominium where: i) draft approval for such plan of condominium was finally granted; or, ii) A complete application for plan of condominium was made after the effective date of this By-law and is in respect of a lot to which Subsection b) applies and the said complete application complied with the provisions of By-law Number 85-1; 18.3 TRANSITION SUNSET CLAUSE Sections 18.1 to 18.3 are automatically repealed on the third anniversary of the effective date of this By-law, and the provisions of Section 34(9) of the Planning Act shall thereafter apply in respect of any buildings, structures, or uses established or erected pursuant to any such complete application. AREA ZONE a) For the followina lots. nothina in this By-law aaDlies to Drevent the issuance of an building permit, site plan control approval, plan of subdivision approval, or plan of condominium approval where said application fully complied with the provisions of By-law Number 85-1 or 2019-051 as it existed immediately before the effective date of this By-law: i) 20 & 30 Breithaupt Street (By-law 2018-071, S.8) ii) 471, 475, 481 & 505 King Street East and 18-24 Cameron Street South (By-law 2018-073, S.4) iii) 607-641 King Street West (By-law 2021-067, S.8) Draft — November 2023 www.EngageWR.ca/GrowingTogether Page 331 of 415 SECTION 18 0 Page 3 of 3 iv) 61 & 65 Roy Street (By-law 2021-085, S.2) V) 134-152 Shanley Street (By-law 2022-024) Vi) 890-900 King Street West (By-law 2022-038, S.2) Vii) 30 Francis Street South (Bv-law 2022-039. S. 3 Viii) 20 Ottawa Street North (By-law 2022-070, S.3) ix) 276 King Street East (By-law 2022-080, S.4) X) 95-101 Cedar Street South (By-law 2022-094, S.3) xi) 27 Roy Street (By-law 2022-110) xii) 368, 372, 374 and 382 Ottawa Street South and 99, 103, 107, 111 and 115 Pattandon Avenue (By-law 2022-114) xiii) 1251-1253 King Street East and 16 Sheldon Avenue South (By-law 2022- 138,S.3) AV) 206 & 210 Duke Street East and 46-50 Madison Avenue North (By-law 2022-140. S.4) xv) 45-53 Courtland Avenue East (By-law 2023-033, S.4) xvi) 1001 King Street East (By-law 2023-061) xvii) 455-509 Mill Street (By-law 2023-063) xviii) 146-162 Victoria Street South and 92-110 Park Street (By-law 2023-052) xix) 787-851 King Street East / 432 Charles Street East / 5 Stirling Avenue South (SP23/035/S/KA) subsection a) shall not exempt any Inclusionary Zoning requirements in Section 4; and, c) subsection a) is automatically repealed on the tenth anniversary of this By-law. 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New development or redevelopment in a cultural heritage landscape should: a) support, maintain and enhance the major characteristics and attributes of the cultural heritage landscape further defined in the City's 2014 City of Kitchener Cultural Heritage Landscapes; b) support the adaptive reuse of existing buildings; c) be compatible with the existing neighbourhood, including but not limited to the streetscape and the built form; and, d) respond to the design, massing and materials of the adjacent and surrounding buildings. Add new Policies 12.C.1.50 to 12.C.1.53 to Section 12: Cultural Heritage Resources as follows: Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape 12.C.1.50. Policies 12.C.1.51 through 12.C.1.53 apply to lands identified as Cedar Hill and Schneider Creek Neighbourhood Cultural Heritage Landscape on Map 9 — Cultural Heritage Resources. 12.C.1.51. The Cedar Hill and Schneider Creek Neighbourhood contains several Priority Locations at gateway locations which facilitate views into and out of the neighbourhoods, accentuating the unique topography of Cedar Hill interfacing with existing low density residential uses on local streets. They include: a) the intersection of Charles Street East and Cedar Street looking to the southwest; b) the intersection of Courtland Avenue East and Cedar Street looking to the northeast; c) the intersection of Courtland Avenue East and Madison Avenue North looking to the northeast; d) the intersection of Courtland Avenue East and Peter Street looking to the northeast; e) the intersection of Charles Street East and Eby Street looking to the southwest; f) the intersection of Benton Street at St. George Street looking to the southeast; and, g) the intersection of Benton Street at Church Street looking to the southeast. Page 382 of 415 Excerpts from Growing Together Official Plan Amendment Related to Heritage 2023 Official Plan Policies Proposed to be Amended as part of Growing Together Corner properties framing the above referenced intersections are identified as being Property of Specific Cultural Heritage Landscape Interest. In these locations, consideration will be giving to transition of built form to protect and enhance views of the hill and the local streetscape features characteristic of this neighbourhood. New development and/or redevelopment should appropriately frame the intersection, especially where a building of cultural heritage interest is located at the corner. 12.C.1.52. The view atop Cedar HIII from Cedar Street looking to the southwest is a unique view from the Cedar Hill Schneider Creek Neigbourhood of the City and of the countryside beyond. Properties contained within Cedar Hill viewshed are identified as being Property of Specific Cultural Heritage Landscape Interest. The City will regulate building height, setbacks and built form along Cedar Street and along Courtland Avenue East to protect and enhance this view. The City will also encourage and support enhancements to the public realm in the location atop of Cedar Hill to contribute and enhance the pedestrian experience and enjoyment of the view. 12_C.1.53. The principal facades of buildings and park frontages will be encouraged to locate and orient themselves at the termination of a street or view corridor or at a street intersection, in order to support and enhance the significance of the Priority Location or the view or vista. 15.D.2.5. Notwithstanding Policy 4.C.1.8 and 4.C.1.9, site specific applications which seek relief from the implementing zoning through a minor variances) or special zoning regulation(s), seek to amend the Zoning By-law to change land use permissions, and/or seek to amend this Plan to change from one land use designation to another, will consider the following factors: a) compatibility with the planned function of the subject lands and adjacent lands; b) suitability of the lot for the proposed use and/or built -form; c) lot area and consolidation as further outlined in Policy 3.C.2.11; d) compliance with the City's Urban Design Manual and Policy 11.C.1.34; e) cultural heritage resources, including Policy 15.D.2.8; and, f) technical considerations and other contextual or site specific factors. 15.D.2.8. In a Heritage Conservation District, where there is a conflict between the policies in this land use designation and the Heritage Conservation District Plan, the Heritage Conservation District Plan will prevail. Page 383 of 415 Excerpts from Growing Together Official Plan Amendment Related to Heritage 2023 Existing Policy 15.D.2.23 is proposed to be amended as follows: Cultural Heritage Resources 15.D.2.29. All development or redevelopment will embrace, celebrate and conserve the Cultural Heritage Resources in the Urban Growth Centre (Downtown) and Protected Major Transit Station Areas and will be subject to the Cultural Heritage Resources Policies in Section 12 and subject to any other supporting documents, adopted by Council, including Heritage Conservation District Plans. Page 384 of 415 Staff Report r NJ :R Development Services Department www.kitchener.ca REPORT TO: Heritage Kitchener DATE OF MEETING: January 9, 2024 SUBMITTED BY: Garett Stevenson, Director of Development and Housing Approvals, 519-741-2200 ext. 7070 PREPARED BY: Jessica Vieira, Heritage Planner, 519-741-2200 ext. 7041 DATE OF REPORT: December 14, 2023 REPORT NO.: DSD -2024-022 SUBJECT: Municipal Heritage Register Review — January 2024 Update RECOMMENDATION: That pursuant to Section 29 of the Ontario Heritage Act, the cultural heritage value or interest be recognized, and designation pursued for the following properties: 33 Eby Street South 72 Victoria Street South REPORT HIGHLIGHTS: • The purpose of this report is to recommend pursuing designation under Part IV of the Ontario Heritage Act for two properties that are currently listed as non -designated properties of cultural heritage value or interest on the Municipal Heritage Register. • The key finding of this report is that the properties possess design/physical, historical/associative, and contextual value and meet the criteria for designation under Ontario Regulation 9/06 (amended through Ontario Regulation 569/22). • There are no financial implications. • Community engagement included consultation with the Heritage Kitchener Committee. • This report supports the delivery of core services. BACKGROUND: On January 1St, 2023 amendments to the Ontario Heritage Act (OHA) came into effect through Bill 23, the More Homes Build Faster Act. One of the primary changes introduced was the imposition of a new timeline which requires "listed" properties on the Municipal Heritage Register to be evaluated to determine if they meet the criteria for heritage designation before January 1St, 2025. Listed properties are properties that have not been designated, but that the municipal Council believes to be of cultural heritage value or interest. The criterion for designation is established by the Provincial Government (Ontario Regulation 9/06, which has now been amended through Ontario Regulation 569/22) and a minimum of two must be met for a property to be eligible for designation. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Page 385 of 415 A work plan to address these changes has been developed by Heritage Planning Staff with consultation from the Heritage Kitchener Committee on February 7t", 2023. Implementation of the work plan has now commenced. The Architectural Conservancy Ontario North Waterloo Branch have offered assistance in conducting the Municipal Heritage Register Review and have aided Heritage Planning Staff in a review of the properties subject to this report. Below is a summary of the findings for the properties recently reviewed, and recommendations for next steps. REPORT: Ontario Regulation 569/22 (Amended from Ontario Regulation 9/06) Among the changes that were implemented through Bill 23, the Ontario Regulation 9/06 — which is a regulation used to determine the cultural heritage value or interest of a property, was amended through Ontario Regulation 569/22 (O. Reg. 569/22). Where the original regulation had three main categories — design/physical, historical/associative and contextual - with three (3) sub -categories for determining cultural heritage value, the amended regulation now lists all nine (9) criteria independently. The new regulation has been amended to the following: 1. The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. 2. The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit. 3. The property has design value or physical value because it demonstrates a high degree of technical or scientific achievement. 4. The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. 5. The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. 6. The property has historical value or associative value because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. 7. The property has contextual value because it is important in defining, maintaining or supporting the character of an area. 8. The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. 9. The property has contextual value because it is a landmark. Also, among the changes brought about by Bill 23 are how properties can now be listed or designated under Part IV of the Ontario Heritage Act. They include: • Properties would warrant being listed on the City's Municipal Heritage Register if they met one or more criteria of O. Reg 9/06 (amended through O. Reg. 569/22). • Properties could be designated under Part IV of the Ontario Heritage Act if they meet two or more criteria of O. Reg 9/06 (amended through O. Reg. 569/22). Page 386 of 415 Pursuant to O. Reg 9/06 (amended through O. Reg. 569/22), the subject properties meet the following criteria for determining cultural heritage value or interest: 33 Eby Street South The subject property municipally addressed as 33 Eby Street South meets five of the nine criteria of O. Reg 9/06 (amended through O. Reg. 569/22) • The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. • The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. • The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. • The property has contextual value because it is important in defining, maintaining or supporting the character of an area. • The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. 72 Victoria Street South The subject property municipally addressed as 72 Victoria Street South meets six of the nine criteria of O. Reg 9/06 (amended through O. Reg. 569/22) • The property has design value or physical value because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. • The property has design value or physical value because it displays a high degree of craftsmanship or artistic merit. • The property has historical value or associative value because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. • The property has historical or associative value because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. • The property has contextual value because it is important in defining, maintaining or supporting the character of an area. • The property has contextual value because it is physically, functionally, visually or historically linked to its surroundings. Heritage Kitchener Committee Options Option 1 — Pursuing Designation for these properties Should Heritage Kitchener committee vote to start pursuing designation for these properties, staff will then contact the respective property owners to inform them and to start working with them towards designation. Staff will then bring Notices of Intention to Designate back Page 387 of 415 to the Committee to initiate the designation process. Should a property owner object to their property being designated, they can submit an appeal to the Ontario Land Tribunal (OLT) to rule on the decision. If the OLT determines that the property should not be designated but remain listed, it will be removed from the Municipal Heritage Register on January 1, 2025. Option 2 — Deferring the Designation Process Should Heritage Kitchener vote to defer the designation process for these properties, they will remain listed on the City's Municipal Heritage Register until January 1, 2025, after which they will have to be removed. The process of designating these properties can be started at any time until January 1, 2025. Option 3 — Not Pursuing Designation for these properties Should Heritage Kitchener vote not to pursue the designation of these properties, they will remain listed on the City's Municipal Heritage Register until January 1, 2025, after which they will be removed. Once removed, these properties will not be able to be re -listed for the next five (5) years i.e. — January 1, 2030. It should be noted that, per the endorsed work plan, staff are currently undertaking evaluations for high priority properties that are in located in areas of the City that are experiencing significant redevelopment. 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. INFORM — This report has been posted to the City's website with the agenda in advance of the council / committee meeting. CONSULT AND COLLABORATE — The Municipal Heritage Committee (Heritage Kitchener) have been consulted at previous meetings regarding the proposed strategy to review the Municipal Heritage Register of Non -designated Properties and participated in the assessment of the properties subject to this report. PREVIOUS REPORTS/AUTHORITIES: • Heritage Kitchener Committee Work Plan 2022-2024 — DSD -2023-053 • Bill 23 — Municipal Heritage Register Review — DSD -2023-225 • Kitchener Municipal Heritage register Review —August Update — DSD -2023-309 • Ontario Heritage Act, 2022 Page 388 of 415 REVIEWED BY: Natalie Goss, Manager of Policy and Research Rosa Bustamante, Director of Planning and Housing Policy/City Planner APPROVED BY: Justin Readman, General Manager, Development Services ATTACHMENTS: Attachment A — 33 Eby Street South Statement of Significance Attachment B — 72 Victoria Street South Statement of Significance Page 389 of 415 47 H•:•uce C•f Fi--.11hip 1 STATEMENT OF SIGNIFICANCE Summary of Sianificance ®Design/Physical Value ®Historical Value ®Contextual Value 33 EBY STREET SOUTH ❑Social Value ❑Economic Value ❑Environmental Value Municipal Address: 33 Eby St S Legal Description: Plan 367 Pt Lt 10 GCT Sub Lt 2 & 1 Year Built: c. 1850 Architectural Style: Ontario Gothic Revival Original Owner: Henry Eby Original Use: Residential Condition: Good VI. Page 390 of 415 Description of Cultural Heritage Resource 33 Eby Street South is a one -and -one-half storey mid -19th century brick house built in the Ontario Gothic Revival cottage style. The house is situated on a 0.09 acre parcel of land located on the south east corner of Charles Street East and Eby Street South, within the City of Kitchener, Region of Waterloo. The principal resource that contributes to the heritage value is the house. Heritage Value 33 Eby Street South is recognized for its design/physical, historical/associative, and contextual values. Design/Physical Value The design value relates to the architecture of the house as an early and rare example of the Ontario Gothic Revival cottage style in Kitchener. The house is in good condition. It is one -and -a -half storeys in height and features a side gable roof with a centred gable with pointed arch door located above the front door; a symmetrical front fagade with a central front door flanked by windows on either side; yellow brick construction; original window openings with brick soldier course headings; stone foundation; and, a sympathetic one -storey board and batten rear addition. The building is a typical late 19th Century example without the original embellishments typical of the style. Front (West) Fagade The front of the building is symmetrical in massing, with a pitched gable centered above the entrance. There is a single arched window within the gable and rectangular 12 -pane windows are located to either side of the front door on the ground floor. A decorative transom window and sidelites surround the entrance, though the door appears to be a modern addition. The tops of the windows and the entrance opening are adorned with soldier course heading. Side (North) Fagade The original portion of the north side fagade includes two second -storey windows and two first -storey windows, spaced equidistance apart. The windows are rectangular in shape and 12 -pane with soldier course heading, matching the ground -floor windows on the front. A small portion of the foundation is visible. From the side fagade the one -storey rear addition is also visible. The addition is clad in board and batten and includes one rectangular 12 -pane window and one casement window as well as three skylights. Side (South) Fagade The second storey of the south side fagade includes one window opening and one door opening that may have original been another window. There are two more windows on the ground floor, and all openings are spaced symmetrically. The windows are rectangular in shape and 12 -pane. The second storey door is 15 -pane and leads to a wood fire -escape. There is soldier course headings above each opening in the fagade. Rear (East) Fagade There is one original window opening with brick soldier course heading and a 12 -pane window in the original portion of the rear fagade. The rest of the rear fagade is covered by the board and batten Page 391 of 415 addition, the massing of which is off -centered to the south. There is a dormer with a semi -circular window and board and batten cladding located above the rear addition on the original roof. Modifications The original door has been replaced by a steel door with side windows. A modern porch hides much of the arched fagade. A symmetrical front fagade with a central front door is flanked by original window openings with modern windows with brick voussoirs; stone foundation. Additional decorative elements typical to the Ontario Gothic Revival Cottage style may have been present, such as barge boards and scalloping under the eaves. The current portico is not a sympathetic design. A West elevation fire escape is a recent addition. Historical/Associative Values Henry Eby was the son of Bishop Benjamin Eby. He was born on January 25, 1820. In December 1837 Eby began an active role in journalism, working at Canada Museum, and Allgemeine Zeitung. Eby was a former apprentice at the Canada Museum, a short-lived German weekly, published in Waterloo. Thomas Enslin and Henry Eby acquired a subscription list and they founded Der Deutsche Canadier and Neuigkeitsbote in September 1841. They may have acquired some equipment from publisher Benjamin Burkholder. As the sole German -language newspaper published in British North America from 1841 to 1848, the Deutsche Canadier was more successful than its short-lived rival, Der Morgenstern (1839-1841), and it continued in print until January 1865. The printing office was located on King Street East at Eby Street South a block away from Eby's home. Eby printed a number of books and pamphlets in German during the 1840s (Bloomfield 1993). Henry was one of the first trustees of the public school board. (Uttley, 1937: 217). The first grammar and common school opened in the printing office before Suddaby School was built on Frederick Street. Henry was also one of the first school trustees. Henry built the house at 33 Eby Street in 1850 (Waterloo Region Generations, 2013). The historical and associative values relate to the original owner of the property Henry Eby as well as the Eby family. Henry Eby was the son of Bishop Benjamin Eby. He was born on January 25, 1820 and in 1840 became a printer associated with publishing Berlin's newspaper, Der Deutsche Canadier, which became the most successful and widely read German newspaper in the country (English & McLaughlin, 1983). Having a broadly read German newspaper and various books and pamphlets set the German speaking people of Kitchener apart from the largely rural and Mennonite community in surrounding areas. Berlin was a vibrant and economically progressive community unlike any other in Ontario. According to various directories the house remained in the Eby family from 1820 to 1946, including Louisa Eby, Menno Eby, and Ilda Eby. Contextual Value The contextual value relates to the buildings functional, physical, and visual link to the surrounding area as well as the contribution that the house makes to the continuity and character of the Eby Street streetscape. The building is located in-situ along the intersection of Charles Street East and Eby Street South. It is within the Cedar Hill Neighbourhood Cultural Heritage Landscape (CHL), which is home to a wide variety of some of the earlier homes of Kitchener. The CHL is further characterized by the elevated topography, narrow street widths, and dramatically long views. Page 392 of 415 Heritage Attributes The heritage value of 33 Eby Street South resides in the following Ontario Gothic Revival cottage style, including: • One -and -one-half storey height of the house; • Side gable roof with a centred gable with pointed arch door located above the front door; • Symmetrical front fagade with central front door flanked by windows on either side; • Yellow brick construction; • Original window openings with brick voussoirs; • Stone foundation; and • Sympathetic one -storey board and batten rear addition. References Bloomfield, Elizabeth (1993) Waterloo County to 1972: an annotated bibliography of regional history. Waterloo Regional Heritage Foundation: Waterloo, Ontario. Eadie, Tom. "Enslin, Christian," in Dictionary of Canadian Biography, Vol. 8, University of Toronto/Universite Laval, 2003— http://www.biographi.ca/en/bio/enslin christian 8E.html Accessed November 24, 2023. Eby, Ezra E 1978 [1895] A biographical history of early settlers and their descendants in Waterloo Township. AIJon Print -Craft, Ltd.: Waterloo. English, J. & K. McLaughlin. (1983). Kitchener: An Illustrated History. Wilfrid Laurier University Press: Waterloo, Ontario. Vernon, Henry (1908-09) Berlin, Waterloo and Bridgeport Directory. Vernon Directories Limited: Hamilton, Ont. Uttley, W. V. (Ben) (1937) A History of Kitchener, Ontario. Waterloo: The Chronicle Press. Vernon, Henry (1908-1909) Vernon's Berlin, Waterloo and Bridgeport Directory Vernon Directories Limited: Hamilton, Ont. Vernon, Henry (192 1 ) Vernon's City of Kitchener and Town of Waterloo Directory. Vernon Directories Limited.: Hamilton. Vernon, Henry (1932) Kitchener City Directory and Town of Waterloo. Note: Digitized City Directories are available online at the Kitchner Public Library. https://makinghistory.kpl.org/en/list?g=city+directory&p=1&ps=20 Accessed December 5, 2023. https://makinghistory.kpl.org/en/list?p=1&ps=20&collection facet=City%20and%20County%20Directo ries%20Collection Accessed December 5, 2023. Waterloo Region Generations. (2013). "Henry "Heinrich" Eby." Waterloo Region Generations: A record of the people of Waterloo Region, Ontario. Retrieved from https://generations.regionofwaterloo.ca/getperson.phP?personID=121144&tree=qenerations, November 27, 2023 Page 393 of 415 60 CULTURAL HERITAGE EVALUATION FORM Address: Description: 33 Eby Street South 1 '/2 Storey Residence Ontario Gothic Revival Cottage. Built c. 1850 Gail Pool Recorder: December 5, 2023 Date: Photographs Attached: NFront Facade N Left Fagade ❑ Right Fagade ❑ Rear Facade ❑ Details ❑ Setting Designation Criteria Recorder —Heritage Kitchener Heritage Planning Staff Committee 1. This property has design value or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ physical value Yes ❑x Yes ❑ because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. 2. The property has design value or N/A ❑ Unknown ❑ No N N/A ❑ Unknown ❑ No ❑ physical value Yes ❑ Yes ❑ because it displays a high degree of craftsmanship or artistic merit. 3. The property has design value or N/A ❑ Unknown ❑ No N N/A ❑ Unknown ❑ No ❑ physical value Yes ❑ Yes ❑ because it demonstrates a high degree of technical or scientific achievement. Page 395 of 415 * E.g. - constructed with a unique material combination or use, incorporates challenging geometric designs etc. 4. The property has historical value or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ associative value Yes ❑x Yes ❑ because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. *Additional archival work may be required. 5. The property has historical or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ associative value Yes ❑x Yes ❑ because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. * E.g - A commercial building may provide an understanding of how the economic development of the City occured. Additional archival work may be required. 6. The property has historical value or N/A ❑ Unknown ❑ No 0 N/A ❑ Unknown ❑ No ❑ associative value Yes ❑ Yes ❑ because it demonstrates or reflects the work or ideas of an architect, Page 396 of 415 artist, builder, designer or theorist who is significant to a community. *Additional archival work may be required. 7. The property has contextual value N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ because it is Yes ❑x Yes ❑ important in defining, maintaining or supporting the character of an area. * E.g. - It helps to define an entrance point to a neighbourhood or helps establish the (historic) rural character of an area. 8. The property has contextual value N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ because it is Yes ❑x Yes ❑ physically, functionally, visually or historically linked to its surroundings. *Additional archival work may be required. 9. The property has contextual value N/A ❑ Unknown ❑ No 0 N/A ❑ Unknown ❑ No ❑ because it is a Yes ❑ Yes ❑ landmark. *within the region, city or neighborhood. Notes Page 397 of 415 Additional Criteria Recorder Heritage Kitchener Committee Interior: Is the interior arrangement, finish, N/A ❑ Unknown ❑x No ❑ N/A ❑ Unknown ❑ No ❑ Yes craftsmanship and/or ❑ detail noteworthy? Yes ❑ Completeness: Does this structure have other N/A ❑ Unknown ❑ No 0 N/A ❑ Unknown ❑ No ❑ Yes original outbuildings, ❑ notable landscaping or Yes ❑ external features that complete the site? Site Integrity: Does the structure occupy its N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ Yes original site? ❑ Yes ❑x * If relocated, is it relocated on its original site, moved from another site, etc. Alterations: Does this building retain most of its N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ Yes original materials and ❑ design features? Please Yes ❑x refer to the list of heritage attributes within the Statement of Significance The two storey portico is modern and indicate which and obscures the good features of elements are still existing the style. The front door is also and which ones have been modern. It is unknown whether removed. there was an original portico. Alterations: Are there additional elements or N/A ❑ Unknown ❑ No 0 N/A ❑ Unknown ❑ No ❑ Yes features that should be ❑ added to the heritage Yes ❑ attribute list? Page 398 of 415 Condition: Is the building in good condition? N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ Yes ❑ Yes R *E.g. - Could be a good candidate for adaptive re -use if possible and contribute towards equity -building and climate change action. Indigenous History: Could this site be of importance to Indigenous heritage and N/A N Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes history? ❑ ❑ ❑ Additional Research Required ❑ Additional Research Required *E.g. - Site within 300m of water sources, near distinct topographical land, or near cemeteries might have archaeological potential and indigenous heritage potential. Could there be any urban Indigenous history associated with the property? N/A ❑ Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes ❑ ❑ *Additional archival work may ❑ Additional Research Required ❑ Additional Research Required be required. Function: What is the Unknown ❑ Residential N Unknown ❑ Residential ❑ present function of the Commercial ❑ subject property? Commercial ❑ Office ❑ Other ❑ - Office ❑ Other ❑ * Other may include vacant, social, institutional, etc. and important for the community from an equity building perspective. Diversity and Inclusion: N/A N Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes Does the subject property ❑ ❑ contribute to the cultural Page 399 of 415 heritage of a community of ❑ Additional Research Required ❑ Additional Research Required people? Does the subject property have intangible value to a specific community of N/A ❑ Unknown ❑x No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes people? ❑ ❑ ❑ Additional Research Required ❑ Additional Research Required * E.g.- Waterloo Masjid (Muslim Society of Waterloo & Wellington Counties) was the first established Islamic Center and Masjid in the Region and contributes to the history of the Muslim community in the area. Notes about Additional Criteria Examined Recommendation Does this property meet the definition of a significant built heritage resource, and should it be designated under Part IV of the Ontario Heritage Act? (Does it meet two or more of the designation criteria?) N/A ❑ Unknown ❑ No ❑ Yes ❑X If not, please select the appropriate action for follow-up ❑ Keep on the Municipal Heritage Register ❑ Remove from the Municipal Heritage Register ❑ Additional Research Required Other: General / Additional Notes Page 400 of 415 TO BE FILLED BY HERITAGE PLANNING STAFF: Date of Property Owner Notification Page 401 of 415 STATEMENT OF SIGNIFICANCE 72 VICTORIA STREET SOUTH co i i�d i:•„_ Helipad Q fJ UTY I-(:)h1P.1ERS:W CORE� a� Twrer A bl� jam. Ctijr& Of3h Catholic CFurdi Of The �A Summary of Sianificance ®Design/Physical Value ®Historical Value ®Contextual Value The A cr Churc hAcmal tar'!Inhr l'.II.. "�gB-giminil iEs Of raeilidine CO ❑Social Value ❑Economic Value ❑Environmental Value Municipal Address: 72 Victoria St S, Kitchener Legal Description: Plan 421 Lots A to H; Plan 421 Lot 34 Part Lots 34 & 41; STS & LNS Part Lot 25 TOG with ROW Year Built: 1903 Architectural Style: Berlin Industrial Vernacular Original Owner- The Berlin Interior Hardwood Company Original Use- Industrial Condition- Excellent Page 402 of 415 Description of Cultural Heritage Resource 72 Victoria Street South is an early 20th century building built in the Berlin Industrial Vernacular architectural style. The building is situated on a 2.51 acre parcel of land located on the south west corner of Joseph Street and Victoria Street South. The principal resource that contributes to the heritage value is the former industrial building. Heritage Value 72 Victoria Street South is recognized for its design/physical, historical/associative, and contextual values. Desipn/Physical Value The design and physical values relate to the Berlin Industrial Vernacular architectural style of the building. The building is four storeys in height with an elevated stone foundation, and features: red brick walls with common bond; yellow brick; brick pilasters that separate bays; stone foundation covered by concrete; 10 (east) by 18 (north) bays; flat roof with brick corbelling at roofline; concrete sills and lintels; wide window openings; modern replacement windows; main entrance on a "cutoff' corner; Doric columned portico with simple cornice at main entrance; semi -elliptical main entrance door opening with red brick voussoirs; tie rods and anchors between each storey on the north elevation; yellow brick walls; semi -circular glass block window; red brick voussoirs; red brick chimney; and, chimney clean out. Front Fagade In proportion to the rest of the building, the front of 72 Victoria Street is extremely narrow in width and set at an angle to both Victoria Street South and Joseph Street. It is composed of one bay with brick pilasters on each side. There is one window on the second, third, and fourth floors and each possesses a concrete sill and lintel. The entrance on the ground floor is within a semi -elliptical opening with a red brick voussoir and is framed by a Doric columned portico with a simple cornice. It is accessed by a set of concrete stairs, the first three steps of which have a curved shape. Side (North) Fagade The north side fagade fronts onto Joseph Street and is comprised of eighteen bays separated by brick pilasters. Each bay contains one window opening on each of the four floors, and each window has a concrete sill and lintel. The fourth -storey windows have additional masonry detailing above the concrete lintel. Tie rods and anchors are also visible between each storey on each pilaster. The stone foundation covered by concrete is visible along the side fagade. The first and second bay from the front fagade differ in that there are additional window openings and windows cut into the foundation. The third and fourth bay from the front differ in that there are additional entrances on the ground floor; the entrance in the third bay is recessed within an alcove, while the entrance of the fourth bay fronts directly onto the sidewalk. Page 403 of 415 Side (East) Fagade The east side fagade fronts onto Victoria Street South, and is comprised of ten bays separated by brick pilasters. The bays are reflective of those on the north side fagade. The east side differs, however, in that within each bay except for the tenth from the opening, there is also a narrow window opening and 3 -pane window in the foundation. The first -storey window of the tenth bay is also unlike those in the rest of the fagade, being greater in height and lacking a concrete lintel. Interior Features There are a number of original interior elements that remain as well. This includes but is not limited to: exposed heavy timber (post and beam) construction with 4 -way steel post caps and metal stirrups, timber capital and support members; original hardwood and concrete floors; concrete and brick walls; original wood ceilings; original window on interior wall located at the ground floor loading entrance; original freight elevator; column base with concrete casings in basement; original metal door and hardware in basement leading to storage units; exposed cast iron sprinkler system; and, interior foundation wall in basement. Modifications All the windows do not appear to be original, as they are metal and glass with few openings. The front doorway also appears to be a newer addition, as it is a glass and steel door with multi -framed side and upper panels. Historical/Associative Value The historic and associative values relate to the original owner and use of the property and buildings and the contribution they made to the history of Berlin. The following information is taken from the Heritage Property Report for 72 Victoria Street South prepared by Stacey Laughlin in 2002: "In 1901, William T. Sass founded The Berlin Interior Hardwood Company, which was originally located behind the Dunker building (now Manulife Financial) on King Street West in Berlin. William T. Sass had previously been a foreman at Krug Furniture and received financial backing from Hartman Krug, founder of Krug Furniture to establish The Berlin Interior Hardwood Company. " Mr. Sass served on Kitchener City Council in 1917, 1918 and 1919, and for four years was a member of the K. -W. Collegiate Board. From 1922 to 1924, he was chairman of the Kitchener Board of Trade. On the wane at the time, rejuvenation of the board was said due solely to Mr. Sass' initiative. Under his term of office, membership of the all important group grew to over 300. Sass served as president of the Kitchener -Waterloo Manufacturers' Association and was a director of Queen-Lebel Mines Ltd He was a charter member of the First English Lutheran Church as well as a past grand of the Grand Union Lodge, I.O.O.F. In 1903, John A. Long, Homer Ford, and Peter Hummen became partners in The Berlin Interior Hardwood Company and the business moved to 72 Victoria Street South. This location was chosen Page 404 of 415 due to its proximity to the railroad and local hardwood trees. Homer Ford lived at the property now addressed 150 Water Street South/72 Heins Avenue in the Victoria Park neighbourhood in close proximity to the factory, in keeping with the Berlin tradition of manufacturers and workers living close to each other and their work place. The original building was only three storeys high and half of the current length of the building. In 1914, the building doubled in size with a massive addition to the front portion (north west elevations) of the building. In 1916, when Berlin changed its name to Kitchener, the company dropped the "Berlin" from its name to become the Interior Hardwood Company. In 1929, a fourth storey was added to the building. William T. Sass died in 1938 and his son Arthur Sass became President of the company. The company initially made furniture for banks, as well as interior trim and office partitions. Later, it made roll-top desks, other furniture, counters, and cupboards for banks, and the Canadian House of Commons, as well as wooden seats for arenas, theatres and auditoriums. Some arena seats are displayed inside the building. The Montreal Forum was one of the many arenas that had wooden seats manufactured by the company. The Kitchener -Waterloo Auditorium also had seats manufactured by the company, which were only replaced in 1994. At its peak, the company employed 80 people, but orders began to decline in the late 1950s and the company closed in 1960. In 1961, the building was sold to Victoria Industries and Warehousing, who rented space to other firms including Terry Williams Knitters who occupied the second floor for 23 years from 1968 until it closed in 1991. The building was renovated in 2000 to accommodate office space. Contextual Value The contextual value relates to the building's physical, historical, functional and visual link to its surroundings. The building is representative of the ties among industrial entrepreneurs in the early 1900s and it illustrates the connections between industry and the railroad as well as between industry and workers housing. Originally, a spur line went along the East elevation to Victoria, currently Joseph Street since it was important to have rail access close to the point of manufacture. 72 Victoria Street South also has contextual value in that it maintains and supports the character of the area. The subject property is located within the Warehouse District Cultural Heritage Landscape (CHL). This CHL is the result of the rapid industrial growth — and subsequent rapid population growth — experienced within the City in the early twentieth century. Supported by the convergence of the rail lines in the area, the Warehouse District contains a number of large, historic warehouse and factory buildings formerly used for the manufacturing, storage, and exportation of raw material and products across Canada. These original factory complexes include the Huck Glove Factory, located to the south, and the Lang Tanning Company, located to the east. Heritage Attributes The heritage value of 72 Victoria Street South resides in the following heritage attributes: • Exterior heritage attributes: o All elevations of the building and additions; red brick walls; brick pilasters that separate the bays; Page 405 of 415 o Roof and roofline, including: flat roof; brick corbelling at the roofline; o Window openings; concrete sills and lintels; brick voussoirs; o Main entrance portico, including Doric columns; brick voussoirs; semi -elliptical opening; rounded concrete steps References: House of Commons, "History, Art and Architecture." https://www.ourcommons.ca/heritage/en/collection/search?artist=2034 Accessed November 27, 2023 Waterloo Chronicle 22 July, 1938, 1,5. Waterloo Region Generations, "William Theodore Sass.". https://generations. regionofwaterloo. ca/getperson. ph P? person I D= 11 36045&tree=qenerations&f bcl id =1wAR15n35awhJeVnedQl6hgCiK3MnZMJgdlbgKZ8x7uMYpcpOR 31Yvnzh1zY Accessed December 5, 2023. Photographs Front Elevation Page 406 of 415 Page 407 of 415 Page 408 of 415 CULTURAL HERITAGE EVALUATION FORM Address: Description: 72 Victoria Street South Industrial Building 1903 Berlin Industrial Vernacular Photographs Attached: Gail Pool Recorder: December 5, 2023 Date: NFront Facade N Left Fagade N Right Fagade N Rear Facade 0 Details ❑ Setting Designation Criteria Recorder —Heritage Kitchener Heritage Planning Staff Committee 1. This property has design value or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ physical value Yes 0 Yes ❑ because it is a rare, unique, representative or early example of a style, type, expression, material or construction method. 2. The property has design value or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ physical value Yes N Yes ❑ because it displays a high degree of craftsmanship or artistic merit. 3. The property has design value or N/A ❑ Unknown ❑ No N N/A ❑ Unknown ❑ No ❑ physical value Yes ❑ Yes ❑ because it demonstrates a high degree of technical or scientific achievement. * E.g. - constructed with a unique material combination or use, incorporates challenging geometric designs etc. Page 409 of 415 4. The property has historical value or N/A ❑ Unknown ❑ No ❑x N/A ❑ Unknown ❑ No ❑ associative value Yes ❑ Yes ❑ because it has direct associations with a theme, event, belief, person, activity, organization or institution that is significant to a community. * Additional archival work may be required. 5. The property has historical or N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ associative value Yes 0 Yes ❑ because it yields, or has the potential to yield, information that contributes to an understanding of a community or culture. * E.g -A commercial building may provide an understanding of how the economic development of the City occured. Additional archival work may be required. 6. The property has historical value or N/A ❑ Unknown ❑ No ❑x N/A ❑ Unknown ❑ No ❑ associative value Yes ❑ Yes ❑ because it demonstrates or reflects the work or ideas of an architect, artist, builder, designer or theorist who is significant to a community. *Additional archival work may be required. 7. The property has contextual value N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ because it is Yes ❑x Yes ❑ important in defining, maintaining or Page 410 of 415 supporting the character of an area. * E.g. - It helps to define an entrance point to a neighbourhood or helps establish the (historic) rural character of an area. Recorder Heritage Kitchener 8. The property has Committee Interior: Is the interior contextual value N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ because it is Yes 0 Yes ❑ physically, ❑ noteworthy? functionally, visually Completeness: Does this or historically linked structure have other original N/A ❑ Unknown ❑ No ❑ to its surroundings. ❑ Unknown ❑ No ❑ outbuildings, notable Yes 0 *Additional archival work ❑ landscaping or external may be required. features that complete the The chimney is rare. 9. The property has site? contextual value N/A ❑ Unknown ❑ No 0 N/A ❑ Unknown ❑ No ❑ because it is a Yes ❑ Yes ❑ landmark. site? Yes 0 Yes *within the region, city or neighborhood. Notes Additional Criteria Recorder Heritage Kitchener Committee Interior: Is the interior arrangement, finish, N/A 0 Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ craftsmanship and/or detail Yes 0 Yes ❑ noteworthy? Completeness: Does this structure have other original N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ outbuildings, notable Yes 0 Yes ❑ landscaping or external features that complete the The chimney is rare. site? Site Integrity: Does the structure occupy its original N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ site? Yes 0 Yes ❑ Page 411 of 415 * If relocated, is it relocated on its original site, moved from another site, etc. Alterations: Does this building retain most of its original N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ materials and design features? Yes ❑x Yes ❑ Please refer to the list of heritage attributes within the Statement of Significance and indicate which elements are still existing and which ones have been removed. Alterations: Are there additional elements or N/A ❑ Unknown ❑ No N N/A ❑ Unknown ❑ No ❑ features that should be added Yes ❑ Yes ❑ to the heritage attribute list? Condition: Is the building in good condition? N/A ❑ Unknown ❑ No ❑ N/A ❑ Unknown ❑ No ❑ Yes N Yes ❑ *E.g. - Could be a good candidate for adaptive re-use if possible and contribute towards equity-building and climate change action. Indigenous History: Could this site be of importance to N/A N Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes Indigenous heritage and ❑ ❑ history? ❑ Additional Research Required ❑ Additional Research Required *E.g. - Site within 300m of water sources, near distinct topographical land, or near cemeteries might have archaeological potential and indigenous heritage potential. Could there be any urban Indigenous history associated N/A N Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes with the property? ❑ ❑ ❑ Additional Research Required ❑ Additional Research Required *Additional archival work maybe required. Function: What is the present Unknown ❑ Residential ❑ Unknown ❑ Residential ❑ Com function of the subject Commercial N mercial ❑ property? Office ❑ Other ❑ - Office ❑ Other ❑ - * Other may include vacant, social, institutional, etc. and important for the community from an equity building perspective. Page 412 of 415 Diversity and Inclusion: Does N/A ❑ Unknown ❑x No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes the subject property ❑ ❑ contribute to the cultural ❑ Additional Research Required ❑ Additional Research Required heritage of a community of people? Does the subject property N/A ❑ Unknown ❑ No ❑ Yes N/A ❑ Unknown ❑ No ❑ Yes have intangible value to a ❑ ❑ specific community of people? ❑ Additional Research Required ❑ Additional Research Required * E.g.- Waterloo Masjid (Muslim Society of Waterloo & Wellington Counties) was the first established Islamic Center and Masjid in the Region and contributes to the history of the Muslim community in the area. Notes about Additional Criteria Examined Recommendation Does this property meet the definition of a significant built heritage resource, and should it be designated under Part IV of the Ontario Heritage Act? (Does it meet two or more of the designation criteria?) N/A ❑ Unknown ❑ No ❑ Yes ❑X If not, please select the appropriate action for follow-up ❑ Keep on the Municipal Heritage Register ❑ Remove from the Municipal Heritage Register ❑ Additional Research Required Other: General / Additional Notes Page 413 of 415 TO BE FILLED BY HERITAGE PLANNING STAFF: Date of Property Owner Notification: Page 414 of 415 0 a. ti A d a x vro A� iiiiii Hill lill �a L •V ti VJ � z v� >�o y P-4 x� �y �J v � w x a y O E„i a v T F4 L W > ro w� QnO x ro U C y Q L h M1I O r. w v •� V d w � �z a r N M V N t0 1� W O O r N M V N t0 1� W T r O N N N N M N V N N N t0 N 1� N 01 N T N O M M