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HomeMy WebLinkAboutDTS-07-042 - MP06/06/H/JB, ZC06/17/H/JB, 950 Highland Rd WI L REPORT 74 Report To: Development and Technical Services Committee Date of Meeting: April 2, 2007 Submitted By: Jeff Willmer, Director of Planning (519-741-2325) Prepared By: Katie Anderl, Planner (519-741-2987) Ward(s) Involved: Ward 6 Date of Report: March 6, 2006 Report No.: DTS-07-042 Subject: M P06/06/H/J B ZC06/17/H/JB 950 HIGHLAND ROAD WEST. 1260848 ONTARIO INC. RECOMMENDATION: A. That Municipal Plan Amendment Application MP061061HIJB requesting a change in designation from Low Rise Residential to Low Rise Residential with a Special Policy to permit a maximum floor space ratio of 1.2 for multiple dwellings on lands owned by 1260848 Ontario Inc., municipally known as 950 Highland Road West, and legally described as Part Lot 35 GCT, RP 58R10060, PT 18, PT 13 & PT 3, in the City of Kitchener, be approved, in the form shown in the Municipal Plan Amendment attached to Report DTS-07-042, and accordingly forwarded to the Region of Waterloo. 1 B. That Zone Change Application ZC061171HIJB requesting a change from Convenience Commercial Zone (C-1) with Special Regulation Provision 145R to Convenience Commercial Zone (C-1), with a Special Regulation Provision 145R and Special Use Provision 361U on the lands owned by 1260848 Ontario Inc., municipally know as 950 Highland Road West, and legally described as Part Lot 35 GCT, RP 58R10060, PT 18, PT 13 & PT 3, in the City of Kitchener, be approved, in the form shown in the Proposed By-law attached to Report DTS-07-042, dated March 6, 2007. C. That the site plan to be approved for 950 Highland Road West be based on and in general accordance with the concept plans and drawing appended to Report DTS-07- 042. EXECUTIVE SUMMARY: 1260848 Ontario Inc. is proposing to amend the Municipal Plan Designation and the zoning on the subject land. The land is located at 950 Highland Road West at the intersection of Highland Road and Eastforest Trail, as shown on the map above. The owner is proposing to amend the zoning of the lands to permit a 43 unit, 3 storey multiple dwelling with a floor space ratio of 1.2. The rezoning requires a Municipal Plan amendment in order to add a Special Policy to the Low Rise Residential designation to allow a maximum floor space ratio of 1.2. Staff recommend that the subject zone change and Municipal Plan amendment be adopted. BACKGROUND: The subject land is owned by 1260848 Ontario Inc and is located at 950 Highland Road West, on the northeast corner of the intersection of Highland Rd. W. and Eastforest Trail. The lands are currently designated Low Rise Residential and zoned Convenience Commercial Zone (C-1). The surrounding neighbourhood has been developed with a mix of single detached dwellings, semi-detached dwellings, and townhouse dwellings. The site is also in close proximity to a variety of institutional uses, a medical office and to Highland Hills Mall. The subject lands are currently vacant, but were previously granted Site Plan approval for a commercial plaza. Due to the size and triangular shape of the property, as well as the close proximity to larger commercial developments, the owner feels that a commercial plaza is not viable and wishes to develop the lands with a low-rise multiple- residential building containing about 43 units. REPORT: 1. Planning Comments Proposed Municipal Plan Amendment The current land use designation on the subject lands is Low Rise Residential. This designation permits a full range of housing types and encourages the mixing and integration of uses in order to achieve an overall low intensity. The maximum density typically permitted in a Low Rise Residential designation is a floor space ratio of 0.6. The proposed amendment is to add a special policy to the designation on the subject lands which would permit a maximum floor space ratio of 1.2 for multiple dwellings. As discussed in the Proposed Municipal Plan Amendment, attached as Appendix 'C' , the proposed amendment will result in higher, but still appropriate, densities considering the uses, housing types and densities already established in the area. The property's location is appropriate for higher density development as it has frontage on both Highland Road and Eastforest Trail, it is in close proximity to recreational uses, established commercial uses and the Transit Hub located in the Mixed Use Node at the intersection of Highland Road West and Fischer Hallman Road. Based on the foregoing, the Municipal Plan Amendment is considered appropriate for the development and use of the land and is compatible with the surrounding area, and staff recommend approval. Proposed Amendment to Zoning By-law 85-1: The applicant has applied to change the zoning on the subject lands from Convenience Commercial Zone (C-1) with Special Regulation Provision 145R to Residential Six Zone (R-6) with a Special Regulation Provision to permit a maximum Floor Space Ratio of 1.2 for multiple dwellings. Staff have considered this application and feel that while a low rise multiple building is appropriate for the future development of the lands, other residential uses permitted in the R-6 zone such as single detached dwellings, semi-detached dwellings and street fronting townhouses, represent an under utilization of the space. Staff also feel that it is important to maintain opportunities for commercial uses on the site and that any future multiple dwelling is oriented to the street. As such, staff recommend that the existing Convenience Commercial Zone (C-1), with Special Regulation 145R be retained, and that Special Use Provision 361 U be added to the lands to permit multiple dwellings in accordance with the R-6 zoning, but with a floor space ratio of 1.2 and maximum setbacks for front yard and side yard abutting a street of 5.0 metres. This will allow the property to be developed with a multiple dwelling, a convenience commercial plaza, or a mixed use building. The proposed zoning will comply with the proposed Municipal Plan designation. Compatibility of Proposed Multiple Dwelling The proposed Special Use Provision would permit the lands to be developed with a 3-storey, 43 unit, street-fronting apartment building, as shown on the concept plan attached as Appendix 'A. The proposed use is compatible with surrounding properties and land uses. Lands surrounding the subject lands have been developed with single detached dwellings, semi-detached dwellings, and cluster townhouses and there is a nine storey apartment building located immediately south of the subject lands. A low-rise, street fronting apartment building is considered compatible with the surrounding residential uses. The proposed building, as shown on the conceptual elevations attached in Appendix 'A' , is low-rise in scale, height (less than 10.5 metres), and massing. Design details, such as ground floor windows and doors, articulated roof line and varied building materials, will help to create an interesting fagade with an urban feel. The proposed maximum setback of 5.0 metres for the front yard and side yard abutting the street is similar to the setbacks provided for the homes facing the subject lands along Eastforest Trail. This maximum setback will ensure consistency and a compatible scale along both sides of Eastforest Trail. In addition, due to the maximum setbacks, parking will need to be located at the rear of the proposed building and therefore will have less visual impact on the street. Additional parking is to be provided under the building. It is recognized that the subject lands represent a good location for convenience commercial uses as there is good access to both Highland Road West and Eastforest Trail; however, the site is located in close proximity (within 500 metres or a five minute walk) of Highland Hills Mall at the corner of Highland Road and Fischer-Hallman Road as well as in close proximity (1 kilometre) of the convenience commercial plaza at Highland Rd and Westforest Trail. Staff feel that the existing commercial developments can fulfill the local needs of nearby residents. Staff note that the proposed zoning would permit the owner to redevelop the lands with convenience commercial uses at a later date, or to incorporate such uses into the proposed building, resulting in a mixed-use development. Increased Density The proposed Special Use Provision will increase the floor space ratio for multiple dwellings from 0.6 to 1.2. A floor space ratio of 1.2 means that the floor space for the entire building can be 1.2 times the area of the total site. Therefore, the gross floor area of the future building can be 5,244 m2. The concept Site Plan (Appendix "A") shows a gross floor area of 5,187.86 m2. The majority of nearby residential lands have been developed with a range of housing types including single detached dwellings, semi-detached dwellings, and townhouses and there is a nine-storey condominium building and a two-storey health and medical office south of the subject lands. Considering the neighbourhood as a whole, it is evident that nearby land uses achieve a low to medium density. Staff feel that the proposed density is appropriate and compatible with the surrounding area. The proposed density is also appropriate considering the proximity to the commercial uses and transit hub located at Highland Hills Mall at the corner of Highland Road West and Fischer Hallman Road. The mall is designated Mixed Use Node and is within a 5 minute walking distance (400 - 500 metres) of the subject lands. Therefore, the proposed development will have easy access to commercial uses and to several bus routes. In addition, there are three bus routes that pass the subject lands, and the Region of Waterloo has indicated that Grand River Transit will likely locate a transit stop adjacent to the subject property. The subject lands are also located within 250-500 metres of Bankside Park and Eastforest Park, which provide recreational opportunities for future residents. Higher intensity residential development in close proximity to commercial, personal service, and recreational uses and transit facilities, will help to create a more pedestrian friendly and transit oriented neighbourhood. Based on the foregoing, staff feel that the proposed multiple dwelling with a floor space ratio of 1.2, and maximum setbacks of 5.0 metres for front yard and side yard abutting a street is appropriate for the future development of the subject lands. Provincial and Regional Policy Considerations The proposed zone change and municipal plan amendments for this site meets the intent of the following Provincial and Regional policies: 2005 Provincial Policy Statement The development proposal is consistent with the 2005 Provincial Policy Statement which encourages residential intensification. Section 1.1.3.2, Land Use Patterns Within Settlement Areas, calls for the efficient use of land and resources and Section 1.1.3.3 states that "Planning authorities shall... promote opportunities for intensification where this can be accommodated taking into account existing building stock or areas". Intensification helps to efficiently use existing roads, services, utilities, and land. In addition, maintaining convenience commercial type uses in the zoning will help to support mixed-use walkable communities as described in the Provincial Policy Statement. As an infill and intensification project located in a residential area with a mix of densities, housing types and uses this development proposal meets the land use goals and the intent of the Provincial Policy Statement. 2006 Growth Plan for the Greater Golden Horseshoe The 2006 Growth Plan for the Greater Golden Horseshoe, calls for 40% of all new residential development to occur within the built-up area by the year 2015 through means such as infill and intensification. This proposal will help towards achieving the 40% intensification and infill target across the Region. 1998 Regional Official Policies Plan The development proposal meets the principles of the Regional Settlement Patterns outlined in Chapter 7 of the Regional Official Policies Plan which encourages compact development and 0 increased residential densities to reduce the need for growth at the urban fringe. The subject lands are within the City Urban Area as established in the Regional Official Policies Plan and the proposed development represents an increase in residential density. 2003 Regional Growth Management Strategy The application also meets the intent of the Regional Growth Management Strategy which aims to limit suburban expansion at the fringe of existing urban areas through intensification. CONCLUSION: City of Kitchener staff support both the municipal plan amendment and zone change applications. Staff feel that a 3 storey, street fronting apartment building in this location represents good planning, and that the requested Municipal Plan Amendment and Zoning Bylaw Amendment are consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, the Regional Official Policies Plan and the Regional Growth Management Strategy. Based on the foregoing, the Municipal Plan amendment and Zoning By-law Amendment are considered appropriate, and staff recommend approval. AGENCY COMMENTS: As a result of the preliminary circulation of the Municipal Plan Amendment and Zone Change application the Region of Waterloo and the City's Transportation Planning commented on traffic, site access and site circulation. In reaction to these comments a Traffic Impact Study was conducted by Paradigm Transportation Solutions Limited. The report concludes that the increases to traffic due to the development will be able to be accommodated by the existing roads, lanes, and traffic control devices and that no additional remedial improvements are required. The Traffic Impact Study also found that restricting access to Eastforest Trail will not cause a queue spillback beyond the site driveway on Eastforest Trail, but that access to Highland Road can be provided with minimal disruption to the overall operation of Highland Road. The Region of Waterloo will not likely allow access onto Highland Road. Overall, the study found that a multiple dwelling will not have a negative impact to traffic in this area. The Region of Waterloo also requested that the owner submit a noise study to indicate whether noise mitigation measures would be necessary. The Noise Study has indicated that no acoustical barriers or special setbacks are required, and that all attenuation can be completed through construction. Requirements for attenuation include special windows with thicker panes of glass to provide acoustical protection as well as installation of forced air heating and provisions for air conditioning. There is no authority to enter into agreements through a Zone Change, and no authority to require noise mitigation through site plan approval. The owner has been made aware that should a future plan of condominium be applied for, the Region of Waterloo will impose a condition requiring the completion of the noise study and implementation of the recommendations. Other agency and City departments either had no concerns or their comments have been addressed through the application process. NEIGHBOURHOOD COMMENTS: As a result of the preliminary circulation of the Municipal Plan Amendment and Zone Change applications, staff received eight written responses from neighbouring property owners and one documented verbal response. Each of the responses received indicated either concern with, or opposition to the applications. The concerns raised relate to the increase in density, increased traffic, future lack of parking, noise and other nuisances, impacts to green space, and depreciation of property values. Each of these issues is addressed below. -r.-^ I I C1 ffic Neighbouring property owners raised concern regarding traffic levels and the provision of sufficient parking. Discussions have been held between the City's traffic staff, Regional traffic staff, planning staff and the applicant. As a result of these discussions the applicant provided a scoped traffic study which examined projected increases in traffic on both Highland Road West and Eastforest Trail and determined existing roads can accommodate the proposed development. Parkin In regard to concerns with the adequacy of onsite parking, the applicant has submitted a concept site plan for the property which shows a total of 43 units and 77 parking spaces. Zoning by-law requirements require 1.75 spaces for each unit. Therefore 75 spaces must be provided for the subject development and 15% of these (11 spaces) must be designated for visitor parking. Should the owner wish to pursue ground floor convenience commercial, personal services, or health office use along with about 30 residential units on the second and third floor, the overall required number of spaces would be between 60 and 70 spaces depending on the use. Therefore, the subject development will meet or exceed the parking requirements of the zoning by-law. In addition, Site Plan Approval will be necessary for the subject site, prior to issuance of any building permits. Through this process the Planning Department will be able to verify that issues related to onsite parking, site circulation and access are considered. Noise Concerns regarding noise arising from construction and from the proposed development were raised. In regard to noise arising from the proposed development, it is anticipated that volumes will be similar to other residential developments and staff feel that noise from a primarily residential development would be significantly less than that arising from a convenience commercial development, which could include a drive-thru type restaurant and gas bar. In regard to noise arising from construction, it is anticipated that a development of a commercial plaza would result in similar noise levels. Greenspace Lack of neighbourhood greenspace was also raised as a concern by neighbouring property owners. Community Services staff have commented that 5% parkland dedication or cash-in-lieu of parkland dedication will be required as part of any future Site Plan Approval. The privately owned lands will be required to contain a minimum of 20% landscaped area. In addition, there should be no impact to the Detweiler Greenway, located adjacent to the subject lands. Additionally, neighbouring property owners raised concerns about the increased density and the future mix of housing in the community. These issues have been discussed previously in the context of Proposed Municipal Plan and Zone Change Amendments. Respondents were also concerned with the future devaluation of properties in the area. The Planning Division is not prepared to comment on issues such as market conditions and the value of homes in a neighbourhood. FINANCIAL IMPLICATIONS: No Capital expenditures required as part of the approvals or development of on these specific lands. 0 COMMUNICATIONS: Preliminary circulation of the Municipal Plan Amendment and Zone Change was undertaken on September 11, 2006 to all appropriate agencies and to all property owners within 120 metres of the subject lands. As a result of this circulation, staff received several responses which are addressed in this report. All residents who provided comments will be mailed a copy of this report. CONCLUSION: The proposed Municipal Plan amendment and zone change would permit the subject land to be developed with a multiple residential dwelling with ground floor convenience commercial type uses. This change is considered compatible with the surrounding land uses and it is appropriate to increase residential density from a Floor Space Ratio of 0.6 to a Floor Space Ratio of 1.2. Based on the foregoing, the applications are appropriate and are recommended for approval. Katie Anderl Planner Jeff Willmer, RPP, MCIP Director of Planning AttArhminnt-q- Della Ross, RPP, MCIP Manager of Development Review Appendix "A" Concept Site Plan & Elevations Appendix "B" Newspaper Advertisement Appendix "C" Proposed Municipal Plan Amendment Appendix "D" Proposed Zoning By-law "A" Appendix "E" Preliminary Circulation and Department/Agency Comments Appendix "F" Community Input Councillor Christina Weylie West Victoria Park Ward MPA 06/06/H/JB ZC 06/17/H/JB 1260848 Ontario Inc. Advertised in The Record March 9th, 2007 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS I nvites PROPERTY OWNERS AND INTERESTED PARTIES to attend a PUBLIC MEETING TO DISCUSS A PROPOSED AMENDMENT TO THE KITCHENER MUNICIPAL PLAN UNDER SECTIONS 17 AND 22 OF THE PLANNING ACT and A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT 950 Highland Road West The property is currently designated Low Rise Residential in the City's Municipal Plan and is zoned Convenience Commercial (C-1). The land is currently vacant. The owner proposes to develop the property with a 3-storey, 43 unit apartment building. The purpose of the amendments is to add a Special Policy to the Municipal Plan to increase the maximum floor space ration from 0.6 to 1.2, and a Special Use Provision to the zoning that will permit the proposed apartment building. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters on MONDAY, April 2nd 2007 at 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written and/or verbal representation in respect to the applications. If a person or public body does not make oral submissions at this public meeting or make written submissions to the City prior to the approval of the zoning by-law or adoption of the Municipal Plan amendment, the Ontario Municipal Board may dismiss a subsequent appeal. ADDITIONAL INFORMATION relating to the proposed Municipal By-law Amendment is available for inspection between 8:30 Development and Technical Services Department, 6t" Floor, City Kitchener. Katie Anderl Planner Phone No. 519-741-2987 (TTY-TDD — 741-2385) katie.anderl@kitchener.ca 0 Plan Amendment and Zoning a.m. and 5:00 p.m. at the Hall, 200 King Street West, AMENDMENT NO. TO THE MUNICIPAL PLAN OF THE CITY OF KITCHENER 1260848 ONTARIO INC. - 950 HIGHLAND ROAD WEST INDEX SECTION I SECTION 2 SECTION 3 SECTION 4 APPENDICES APPENDIX I APPENDIX 2 APPENDIX 3 TITLE AND COMPONENTS PURPOSE OF THE AMENDMENT BASIS OF THE AMENDMENT THE AMENDMENT Notice of the Meeting of Development and Technical Services Committee — March 9, 2007 Minutes of the Meeting of Development and Technical Services Committee — April 2, 2007 Minutes of the Meeting of City Council —April 16, 2007 9 AMENDMENT NO. TO THE MUNICIPAL PLAN OF THE CITY OF KITCHENER SECTION 1— TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. to the Municipal Plan of the City of Kitchener. This amendment is comprised of Sections I to 4 inclusive. SECTION 2 — PURPOSE OF THE AMENDMENT This Municipal Plan Amendment proposes to amend the existing Low Rise Residential designation by adding a Special Policy to permit multiple dwellings with a maximum Floor Space Ratio of 1.2 on lands municipally known as 950 Highland Road West. SECTION 3 — BASIS OF THE AMENDMENT The current land use designation on the subject lands is Low Rise Residential. This designation permits a full range of housing types and encourages the mixing and integration in order to achieve an overall low intensity. The maximum overall density in a Low Rise Residential designation is 25 units per hectare, with a floor space ratio of 0.6. The proposed amendment is to add a Special Policy to the designation on the subject lands which would permit a maximum floor space ratio of 1.2 for multiple dwellings. The proposed densities are appropriate and compatible with the surrounding area. Considering the neighbourhood as a whole, it is evident that nearby land uses achieve a low to medium density not exceeding 25 units per hectare. The majority of residential lands east, west and north of the subject lands are designated Low Rise Residential and have been developed with a range of housing types including single detached dwellings, semi-detached dwellings, and townhouses. The lands to the south of the subject lands are designated Medium Rise Residential and Low Rise Residential. The lands designated Medium Rise Residential contain a nine-storey condominium building. The lands designated Low Rise Residential contain a 2 storey health and medical office. Nearby lands at the corner of Highland Road West and Fischer Hallman Road are designated Mixed Use Node and support a variety of commercial uses and a Grand River Transit hub. This Mixed Use Node is within a 5 minute walking distance (400 - 500 metres) of the subject lands and contains retail facilities, restaurants, and services that cater to the day-to- day needs of potential residents. Due to the close proximity of the Transit Hub, the proposed development will have easy access to several bus routes further promoting pedestrian movement and transit use. The subject lands are also located within 250-500 metres of Bankside Park and Eastforest Park, which provide recreational opportunities for future residents. Higher intensity residential development in close proximity to commercial uses, personal services, recreational uses and transit facilities will help to create a more pedestrian friendly and transit oriented neighbourhood. Irl The proposed development would contain a total of about 43 units, in a three storey building. The proposed increase in density to allow a FSR of 1.2 rather than 0.6 is compatible with the surrounding townhouses, singles and semi-detached dwellings and is appropriately located in %_-1 related to the medium rise residential building and medical building south of Highland Road West. In addition, the proposed development meets the objectives of the Municipal Plan outlined in section 1.1.1: The City favours a land use pattern which mixes and disperses a full range of housing types both across the City as a whole and within neighbourhoods. To support the successful integration of different housing types the City shall apply principles of community and site design emphasizing compatibility of building form with respect to massing, scale, design and the relationship of housing to adjacent buildings, streets and exterior areas. The proposed low rise apartment building, presents an opportunity to integrate different housing types into the neighbourhood and the concept plan (attached to Report DTS 07-042) demonstrates that the proposed building applies good design principles that are compatible with the surrounding land uses and adjacent buildings. In addition, the applicant's traffic study has indicated that the surrounding road network can accommodate the increased number of units proposed even with access only from Eastforest Trail. Further, the sanitary sewer capacity is adequate to accommodate the proposed densities. Based on the foregoing, the Municipal Plan Amendment is considered appropriate for the development and use of the land and is compatible with the surrounding area. The amendment conforms to the Province's 'Places to Grow' Plan, is consistent with the objectives of the Provincial Policy Statement, the Regional Official Policies Plan and would help implement the objectives of the Regional Growth Management Strategy. SECTION 4 — THE AMENDMENT 1. The City of Kitchener Municipal Plan is hereby amended as follows: a) Part 3 — Section 12 is amended to add new Policy #43 as follows: 4443. Notwithstanding the maximum floor space ratio in the Low Rise Residential designation, within the lands municipally known as 950 Highland Road West as shown on Map No. 8 Special Policy Areas, the maximum floor space ratio for multiple dwellings shall be 1.2." b) Map No. 8 — Special Policy Areas is amended to add new Area No. 43 — 950 Highland Road West as shown on the attached Schedule "A". 11 APPENDIX I Notice of the Meeting of Development and Technical Services Committee — March 9, 2007 12 APPENDIX 2 Minutes of the Meeting of Development and Technical Services Committee — April 2, 2007 13 APPENDIX 3 Minutes of the Meeting of City Council —April 16, 2007 14 z m 00 a J a z w ry z OM m \ i 00 Cl) IL a W Q V _ 0 O (� (p r� J =E o o o- 7a —�� z a z:3 w0ry J-i U�00 w�0 o 0- o �O� ��o C) Z p <z J U V z —Q _Q Q� c6 N a) OC J LU Z0 w U J mow= cD J <M Z w Z E Z LU a Lu j Q LL Co =F cn p a io =oa VLUU 0p pLo wQO� �z� waQ a- a- a- Z w Q U i ~FLU �aa �0M Q�� 02 Q J 0- 4.5 CUB, `` `n O o z ado �Z° z a Y� Lu � waO � 2 oo w v � a� H V J m � � Lu U)CD� J Z o >4 Q CCU -UUE U — W 0- o Z Z 0 a 0 Q N N P P w U) LU G � F �S O C) LO O N N � U) w C) O Q `0 M O LU w C) w LL Q � LU 0 UU, Q o O a z 2 Lu 0 J � Q Z C� � Z Q J / LU 0 = CD = oo — V 00 _ C:) (.C) LO N Z 0� w LO LO m w�� �fbE U O .--. 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"' r1 i9 £ `tee f � �" � n -"°' � 4 � Ou � \. •. \ �. O Ot `�' d 7 L O \ �U 9 S ,g � 2 a� s 1> 00 �il w M �� �� m .J C% BLK72 WALKNIAY ..[O d 9a� did r Ztlel�Oy \ _ aka ` \d O p0 g, � � gyp, S'9 (.0 N O LO ✓ O � � � d 0.d05 V 60� �d ♦ , Ned a .. may N _ ♦ � O \ � � �d a PROPOSED BY -LAW March 6, 2007 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by -law to amend By -law 85 -1, as amended, known as the Zoning By -law for the City of Kitchener — 1260848 Ontario Inc. — Highland Road West) WHEREAS it is deemed expedient to amend By -law 85 -1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule No. 34 of Appendix "A" to By -law Number 85 -1 is hereby amended by designating Convenience Commercial Zone (C -1) with Special Regulation Provision 145R and Special Use Provision 361 U, instead of Convenience Commercial Zone (C -1) with Special Regulation Provision 145R, the parcel of land described as Part of Lot 35, German Company Tract, being Parts 3, 13 and 18 on Plan 58R- 10060, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Appendix "C" to By -law 85 -1 is hereby amended by adding Section 361 thereto as follows: "361. Notwithstanding Section 7.1 of this By -law, within lands zone C -1 on Schedule No. 34 of Appendix "A" and described as Part of Lot 35, German Company Tract, being Parts 3, 13 and 18 on Plan 58R - 10060: a) Multiple dwellings shall be permitted in accordance with the regulations of Section 40.2.6, provided however that; b) the Maximum Floor Space Ratio for Multiple Dwellings shall be 1.2; and c) the Maximum Front Yard and Side Yard Abutting a Street for Multiple Dwellings shall be 5.0 metres." PASSED at the Council Chambers in the City of Kitchener this day of , 2007. Mayor Clerk