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Home My WebLink AboutDSD-19-049 - New Zoning By-law (Stage 1) - Comprehensive Review of the Zoning By-law (CRoZBy) ProjectREPORT TO:Planning & Strategic Initiatives Committee DATE OF MEETING:April 15,2019 SUBMITTED BY:Alain Pinard, Director of Planning PREPARED BY:Brandon Sloan, Manager, Long Range & Policy Planning 519-741-2200 ext. 7648 Sarah Coutu, Planner (Policy) 519-741-2200 ext. 7069 Richard Kelly-Ruetz, Technical Assistant (Planning & Zoning) 519-741-2200 ext. 7110 WARD(S) INVOLVED:All DATE OF REPORT:March 22,2019 REPORT NO.:DSD-19-049 SUBJECT:New Zoning By-law (Stage 1) Comprehensive Review of the Zoning By-law (CRoZBy)Project RECOMMENDATION: That the City-initiated Official Plan Amendment attached to Report DSD-19-049as Appendix Cwhich is associated with the new Zoning By-law (Stage 1), be adopted and accordingly forwarded to the Region of Waterloo for approval; and That a new Zoning By-law(Stage 1) and associated mapping attached to report DSD-19- 049as Appendix Dbe approved; and further That Stage 1 of the new Zoning By-law does not represent a comprehensive, full replacement of the existing Zoning By- Section34of thePlanning Actdoesnot apply;thereby permitting amendmentsandminor variance applications. BACKGROUND: Kitcheneris cited as thefirst urban municipality in Canadato create a Zoning By-lawnearly 100 years ago. Following the lead of New York City, zoning was established here with the final Adams-Seymour Plan for Kitchener in1924 which identified industrial, businessand residential use districts.As the city grew, and in response to new legislation or policy direction, Zoning By- laws were updated and consolidated over the years. The primary one that is currently in place is By-law 85-1(as amended). It was created in successive stages over nine years. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 1 - 1 AZoning By-lawis a legal document and development must adhere to it. It controls the use that are permitted on a property, the size and dimensions of alotand where buildings can be locatedand their size An example is that a restaurant use is permitted within aGeneral Commercial (COM-2) Zone provided that the building is setback from the front lot line bya minimum of 3.0 metres and the maximum building height is 15 metres. Since Zoning-By-laws apply toevery property within the City and deal with all sorts of circumstances for existing and future land uses, there is often quite a bit of complexity and many different nuances. Tew Zoning By-law was presented in 2014 which launched the Comprehensive Review of the Zoning By-law (CRoZBy) project. Over the next several years, first drafts were released witheach new zoning category (Commercial, Employment, Urban Growth Centre, etc.) as part of an extensive and formal engagement process. A Statutory Meeting was held in April/May 2018 on the final draft (not including Residential Zones). Further background is contained within the reports listed revious Consideration REPORT: Scope The first stage of the new Zoning By-law includes the framework of the document, the definitions, general regulations, parking requirements, and every zoning section with the exception of residential. It willapplyto over 50% of the cityand approximately 3,500properties, but willnot include residential properties or those areas that are undergoing specific neighbourhood planning reviews (i.e.Secondary Plan areas, Hidden Valley, station areas, etc.). Process 1 - 2 Highlightsof New Zoning By-law The new Zoning By- Competitive Downtown Less Cars, Respect the Focus on Made-in- Advantagefor AllMore EnvironmentEmployment Kitchener PeopleCommerce & Mixed Use -Downtown -Pedestrian -Conservation, -In-house -Reduced & Zoning built formopen space & -Uniqueness shared incentivesstormwater -Protect -Affordable -Broad parking management industrial (bonusing, housing Zones but -No parking)-Climate action -Broaden -Revised with focus minimums retail & office -Local uses-Health & -Bonusing downtown approachesSafety -Range of -Amenity -Community -Bike uses and -New economyarea Uses parking options Comparison to Existing Zoning By-law 85-1 The new Zoning By-law(attached as Appendix D)has a different, more consolidated format that utilizes tables for permitted uses and regulations for each of the zone types. Overall, the new approach is more efficient, defines all of the permitted uses and considers how it will be administered in a practical day-to-day basis. Some of the key comparisons include: Four Urban Growth Centre zones consolidated into one sectionwhichreplacesseven Downtown zones in seven sections. Updated Employment zones replace the Industrial and Business Park zones. Commercial zones are consolidated or reduced (in some cases replaced with mixed use). Mixed Use zones that could apply citywide replace the Mixed Use Corridor zones. Updated floodplain, environmental conservation and open space zones. The addition of a newzone for stormwater management facilities.Use of azoning overlay in some cases. Reduced Institutional zones (from three to two) with a focus on health, social and community-based uses. The new approach to on-site parking regulations, such as minimum bike parking, no minimum automobile parking requirements in the Urban Growth Centre, lowerminimum automobile parking requirements for most uses, updated shared parking, and EV-ready spaces. Expandedandimproved for the Urban Growth Centre that allows for greater density in an appropriate area in exchange for certain pre-defined community 1 - 3 benefits such as affordable housing, public amenity area, green infrastructure, environmental performance, transportation demand management and creative industries. Special use and special regulation provisions are streamlined into site specific provisions. Additional changes to the general regulations, regulations that are associated with permitted uses, transition provisions andother administrative improvements. For those properties that are included in the new Zoning By-law, all of the new provisions will apply. Remaining properties will continue to be under the existing Zoning By-law(s) provisions until they are brought intothe new By-law through a future process. Companion Official Plan Amendment Given that the process of creating a new Zoning By-law involves significant detail, often a purpose of the City-initiated Official Plan Amendment that accompanies the new Zoning By-law is primarily to: Provide further refinements to better reflect the intent of the Official Plan policies and provide clarity and alignment with the new Zoning By-law. Re-designatea number of properties to align with the new zone. Updatebonusing implementation policies. The proposed amendment, including the detailed policy and mapping updates, is attached to this report as Appendix C. 2018 Statutory Public Meeting (Comments and Responses) Over 110 oral and written submissions were received on the final draft. Staff reviewed the details of each and provided individual responses. These were all considered and resulted in improvements to the final by-law. A summary of the main topics are highlighted in the graphic below and the comment and response details are in Appendix B. Staff have also made a number of editorial, consistency and detailed wording updates since the 2018 Statutory Public Meeting version which are also listed in AppendixB. 1 - 4 Analysis The final newZoning By-law considers all submissions made on the first draftsand those from at (2009); the Provincial Policy Statement (2014); the Growth Plan for the Greater Golden Horseshoe (2017); the Planning Act, other relevant Provincial, Regional, and City policies; and zoning practices in local and other municipalities. The proposed Official Plan Amendment and new Zoning By-law aremore consistent with and conform to the above. Some examples include: Thefour Urban Growth Centre Zones conform to the four land use designations in the Official Plan (Section 15.D.2) whichallow for a range of transit-supportive land uses with regulations for an active ground floor environment. The densities conform to the Official Plan but do allow for greater density in many circumstances in exchange for pre-defined community benefits. The zoning related to the Urban Growth Centre helps implement the Official Plan, includingSections 2-5, 11, 13, 15 and 17. This aligns and is more consistent with provincial, regional and other local planning policies. The EmploymentZones implement and conform to the Official Plan (includingSections 2, 3, 5, 11, 15 and 17). They provide a basis for the conservation and focus on industrial and business park employment as directed through provincial, regional and local planning policiesand allows for general office use in proximity to transit. Some supportive service commercial uses are permitted at appropriate scales, zones and locations. The new Commercial, Mixed Use and InstitutionalZones implement and conform to the Official Plan (including Sections 2-5, 11, 15 and 17). All of the other zones, regulations and mapping of the new Zoning By-law conform to and areconsistent with provincial, regional and other local planning policies. The approach to Parking regulations conforms to the Official Plan policies; including those for active transportation, transportation demand management, intensification, urban design, the environment, and others (Sections 3, 7, 11, 13 and 17). This is consistent with the provincial and regional policies on transportation and intensification. The Comprehensive Review of Off-Street Parking & Loading Regulations (Paradigm Transportation Solutions Limited)was also utilized. The new By-law considers a range ofzoning-related issues that are appropriate for Kitchener including but not limited to reduced/sharedvehicular parking, distribution of retail and office uses, protection of industrial employment,affordable housing and environmental conservation. Next Steps Stage 2 of the new Zoning By-law (base residential zones and related regulations) is the next immediate priority with a Statutory Public Meeting intended for 2019.The first neighbourhoods to receive the residential zones will be severalof the neighbourhood planning review areas (Civic Centre, Cedar Hill & Schneider Creek, etc.) tentatively scheduled for Fall 2019. The residential zones will be applied to the remainder of the city through ward-by-wardconsultations in2020. In addition to working on the above, staff will also be preparing implementation onusing Implementation Guideline-line information and user training. Following future provincial or municipal policy changes, there may be a nt needed to the Zoning-By-law. 1 - 5 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Strategic Priority 2 Strong and Resilient Economy Strategy 2.5 Facilitate the ongoing development of Downtown Kitchener as the heart of the City. Strategic Priority 3 Safe and Thriving Neighbourhoods Strategy 3.3 Manage growth, curb urban sprawl, and foster moremixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. 2019Business Plan NB11 Comprehensive Zoning By-law Review FINANCIAL IMPLICATIONS: The CRoZBy project is currently within its allocated budget. COMMUNITY ENGAGEMENT: The CRoZBy project primarily utilized Community Engagement Policy and is going significantly above and beyond the typical requirements of the Planning Act. Descriptions of engagement method and results are documented in the previous CRoZBy reports and are highlighted below. Highlights 1 - 6 This report will be posted onCRoZBy project webpage,digitally sent to the project contact list (over 1200 individuals), and formally advertised in The Record in accordance with nd the requirements of the Planning Acton March 22. Given that there are additional lands and some changes from the 2018 Statutory Public Meeting version, this was advertised as a further Statutory Public Meeting. An information package is being sent to all Advisory Committees in advance of the Standing Committee date to updatethem. Also, the report is available on the the agenda in advance of the council / committee meeting. CRoZBy Comment Breakdown summarized in this report and are included with responses in Appendix B, along with further application of the new zoning circulation and additional comments received after the Statutory Public Meeting PREVIOUS CONSIDERATION OF THIS MATTER: Report CSD-13-067City of Kitchener Zoning By-law 85-1 Update& Work Program Report CSD-14-027Comprehensive Review of the Zoning By-law (CRoZBy) Work Program Report CSD-15-012CRoZBy Component A First Draft (Framework, Mixed Use, Employment, Natural Heritage, Floodplain, Recreation, Stormwater Management Zones) Report CSD-15-013 CRoZBy Comprehensive Review of Off-Street Parking and Loading Regulations Background Study Report CSD-16-022CRoZBy Component B First Draft (Urban Growth Centre Zones, other) Report CSD-16-070 CRoZByComponent C First Draft(Institutional Zones) Report CSD-17-024-CRoZBy Component D First Draft (Commercial and Agriculture Zones) Report CSD-17-045-CRoZBy Component E First Draft (Residential Zones) Report CSD-17-051 -CRoZBy Next Steps -Council Strategy Session Report CSD-18-002 -CRoZByFinal Draft and Companion Official Plan AmendmentStat.Mtg. 1 - 7 CONCLUSION: This comprehensive update is an important part of aligning three of the main planning documents (new Official Plan, new Zoning By-law, new Urban Design Manual).It is critical to complete this extensive body of work and have the new Zoning By-law in place as our Kitchener-- Staff continue to experience significantdevelopment so it is important to havemodernized zoning in place. Kitchener has always, and should continue to be, a leader in zoning. Our current Zoning By-law served us well and includes a number of long-lasting approaches that are being carried forward andevolved in the latest iteration. REVIEWED BY:Cory Bluhm,Executive Director, Economic Development Barry Cronkite, Director, Transportation Services Della Ross, Manager, Development Review Janine Oosterveld, Manager, Site Development & Customer Service Tina Malone-Wright, Senior Planner Lauren Nelson, Economic Development Analyst ACKNOWLEDGED BY: Justin Readman -General Manager, Development Services APPENDICES: Appendix AStatutory Public Meeting Notice Appendix BStatutory Public Meeting Comments and Responses Appendix COfficial Plan Amendment Appendix D New Zoning By-law (Appendices to the zoning by-law can be accessed at www.kitchener.ca/crozby) 1 - 8 Appendix A Statutory Public Meeting Notice Advertised in The Record March 22, 2019 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED NEW ZONING BY- OFFICIAL PLAN UNDER SECTIONS 22, 26 AND 34 OF THE PLANNING ACT The City of Kitchener is conductinga comprehensive review of its zoning by-law (CRoZBy) to ensure -laws are legal documents that divide the city into different land-use zones, specifying permitteduses (e.g. employment or commercial) and required standards (e.g. building size and location). Two STATUTORY PUBLIC OPEN HOUSES, as per the Planning Act, were held on June 10 and 11, - law. Because of the amount of information and zones being reviewed, a first draft of the new zoning by-law was tabled through a series of components beginning in March 2015. The first draft new zoning by-law was made available for public comment through eight (8) separate OPEN HOUSESfrom March 2015 to February 2019. A STATUTORY PUBLIC MEETING, as per the Planning Act, was held in two-parts on April 30 and May 8, 2018. The final draft new zoning by- tabled at this meeting and written and verbal submissions were made directly to Council. Staff reviewed in detail and responded to the submissions and in the majority of instances, the submissions have resulted in improvements to the final by-law. - www.kitchener.ca/crozby, by March 22, 2019. Proposed New Zoning By-law (Stage 1) The first stage of the new Zoning By-law includes the framework of the document, the definitions, general regulations, parking requirements, and every zoning section with the exception of residential. It will apply to approximately 3,500 properties, but will not include residential properties or those areas that are, or will be, undergoing specific neighbourhood planning reviews (e.g. Secondary Plan areas, Hidden Valley, station areas, etc.). Official Plan Amendment An Official Plan amendment is being proposed to align the detailed review and provisions of the proposed new zoning by-law with the Official Plan. Specifically, the Official Plan amendment proposes to adjust the land uses in certain areas of the City (e.g.properties adjacent to commercial campus (e.g. Sunrise Centre) lands to better align with new zoning; employment lands in the vicinity of Bleams Road and Manitou Drive) and permitted uses in land use designations to better reflect the intended use of these lands in the future. The Official Plan amendment also proposes to clarify the maximum permitted floor space ratio in the Market District of downtown and clarify Planning Act Bonusing community 1 - 9 benefits and process. Additionally, foursite specific policies (specific policy areas 9, 12, 30 and 48) are proposed to be amended/added to clarify the intent of the land uses and development parameters permitted on these lands. -law and associated amendment Official Plan will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Session 1 Monday, April 15, 2019 at 3:30 -5:30 p.m. Session 2 Monday, April 15, 2019 at 7:00 p.m. nd Council Chambers, 2Floor, City Hall 200 King Street West, Kitchener If you would like to speak at the public meeting, please register in advance at www.kitchener.ca/delegationsor -2200, ext. 7275. Please indicate which public meeting session number you will be attending. Written submissions can be sent nd to the Office of the City Clerk, 2floor, 200 King Street West, Kitchener, ON, N2G 4G7. Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted zoning by-law and/or Official Plan amendment. If a person or public body would otherwise havean ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of the zoning by-law and/or Official Plan amendment, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONwww.kitchener.ca/crozby, emailing crozby@kitchener.caor by contacting the staff persons noted below, viewing the staff report contained in the agenda (available approximately 10 days before the meeting -https://calendar.kitchener.ca/council - th click on the date in the calendar, scroll down & select meeting), or in person at the Planning Division, 6 Floor, 200 King Street West, Kitchener between 8:30 a.m. -5:00 p.m. (Monday to Friday). Sarah Coutu, Planner (Policy) -519-741-2200 x7069 (TTY: 1-866-969-9994) Richard Kelly-Ruetz, Technical Assistant (Policy) -519-741-2200 x7110 (TTY: 1-866-969-9994) 1 - 10 law or - conforming - Corresponding Change in Final ByFurther Action No change:Use to become legal non - law and nt land - ment Area law to - ener Council 3 zoning - s to a conforming. This - s to be consistent 3 i - of Employment Lands law is to conform with the - . Please contact Regional Planning forms of intermittent events. Official Plan e are several uses on the site that have been conforming. Staff acknowledges that once a new 4 zone to the proposed EMP - - ecific use, such as conference/convention, would be opinion that including a "conference, convention, or law is adopted there will be cases of legal non - Plan. The Official Plan identifies this property, and surrounding law Amendment as well as consideration under the employme law as it is staff's opinion that as currently defined refer - - onsidered legal non Staff Response (provided in individual response letters) 1) The purpose of the proposed zoning byOfficial area, as a heavy industrial employment area that should be protected for heavy industrial employment uses. The reduced number of permitted uses from existing Mwith the Official Plan. Permitting the full range of current permitted uses is not something that staff can recommend as some current uses cannot be interpreted as permitted heavy industrial employment uses.2) As staff understands, therpermitted under "private club and lodge". As noted in your submission, these uses would not be permitted under the proposed zoning byas such these uses which are legally existing on the site would be czoning byis a necessary byproduct for moving towards a new zoning byimplement a new Official Plan.3) It is staff'sexhibition facility" as a permitted uses in the proposed EMPwould constitute a conversion of employment lands and that is not within the scope of CRoZBy nor permitted to be considered by Kitchoutside of a Regional Municipal Comprehensive Review. The Region of Waterloo is in the initial stages of undertaking a Regional Municipal Comprehensive Review and an employment strategy and assessment of lands will be completed as part of thisStaff for consideration of a conversion and to be involved in the review process. 4) Exhibition facility is proposed to be removed as a use from the zoning bytemporary use. It is staff's opinion that "exhibitions" are events that may take place at a conference centre which is why staff have proposed to redefine "conference, convention, or exhibition facility" to not only encompass exhibitions but other policies 15.D.6.25/26 do not contemplate conference/convention or exhibition facility as a permitted use. While Policy 15.D.6.21 does allow for 'exhibition display facilities' within the General Industrial Employprovided adequate parking is available, it is staffs opinion that in implementing 15.D.6.25 that an exhibition facility is not an industrial use typical found in the General Industrial Employment Areas. 5)Through the City's Comprehensive Review (CREL), this area was identified as a protected employment area and also as one of the few areas within the City that provide for, or have the potential to continue to provide for, heavy industrial employment uses. Compatibility of a spbetter addressed through an applicant initiated development application, which in this case would require an Official Plan Amendment and Zoning Byconversion policies of the Growth Plan 2017, the Regional Official Plan and the City's Official Plan. Statutory Public Meeting Comments and Responses resent a he existing d Exhibition Appendix B neighbourhood. permitted uses on the 4 zone to the proposed - linkages). people. Lot 42 will provide - ementary employment uses. The existing use of the 3 zone -typically are associated with the proposed use. The Official conforming or restrict the usage of their property - Comment Summary1) Concerned with the reduced number of property due to the change from the MEMP2) Concerned that the proposed zone would make them legal nonproposed Lot 42 Global Flex Campus (a private club). Question they which seeks to strengthen and maintain the existing industrial employment areas while providing some opportunities for new and complsupporting use providing opportunities for conference and conventions, exhibitions and assemblies of customers, employees and associated businessfar more employment opportunities than a singular, heavy industrial user. This property is in close proximity to the ION Mill Station (acknowledges that there is no direct access but that there are opportunities for pedestrian 4) As the new byexhibition facility use that is currently permitted. An exhibition facility is compatible from a land use perspectives as it has comparable traffic, noise and servicing. The addition of technical change.5) The area has transitioned from a heavy industrial area to a light industrial and commercial area. Given the composition of the neighbourhood, a conference/convention facility would be much more compatible with the surrounding 6) The existing use provides economic development opportunities for the Region by providing a flexible conference and event space for the growing technology sector Commenter Chris Pidgeon, GSP Group Inc. 41 Ardelt Place Written: April 17, 2018 and April 30, 2018 #1and9 1 - 11 2 - - law or 1 to - - (155) for Woodlands and ESPA ure phase of CRoZBy, Residential 2, with site specific provision - Corresponding Change in Final ByFurther Action Change: Revised proposed zoning from COMCOMa reduced minimum interior side yard setback abutting a residential zone of 1.5m. Revised maximum building height in COMto 25m for a mixed use buildingNo change: Other legislation may exempt certain uses lawChange:The Natural Heritage Conservation land use designation in Official Plan is proposed to be amended to reflect the modifications to the layers. Accordingly, the Natural Heritage Conservation land use designation will be removed from 1016A and the property will be designated Low Rise Residential as part of the Companion Official Plan Amendment. Further Action:In a futzoning will be applied to the property to correspond with the Low Rise Residential land use. - . 1 - osed 2 zone - 1) Zone will - 2 zone does not - be exempt from 1016, 1082, 1094 Wilson ill not be recommending s containing dwelling units. 2. The COM - w of this property and the Commercial Policies 'public use' and 'utilities') aff is aware that the regional staff made and Companion Official Plan Amendment is not 2 zone allows dwelling units to a maximum floor - that we are in receipt of the updated Significant law, the Natural Heritage Conservation (NHC - h the Official Plan. law. Given these regulations, staff w 'As indicated in previous correspondence, proposed regulation - vation Authority (GRCA) has confirmed that portions of the subject on May 11, 2018, st ch use within Kitchener. Staff Response (provided in individual response letters) 6) Staff acknowledges the economic development opportunities that this type of use provides to Kitchener and further acknowledges the need for su1) and 2) Upon further reviein the Official Plan, staff will be recommending in the final draft zoning bylaw that the property be zoned COMrestrict the size of permitted uses to a max GFA of 300 sq. m per unit3, 4 and 5) The COMspace ratio of 2, but restricts them from locating on the ground floor. Further, staff will be revising maximum building height in the COMfrom 15 metres to 24 metres for buildingstanding residential on lands designated Commercial would not be consistent witStaff acknowledges that the Companion Official Plan Amendment has proposed to adjust land uses in certain areas to better reflect the intended zoning review processmeant to replace private development applications that would go through a public process and be considered on their own merits.1) and 2) 1.3 acknowledges that there may be other legislation that may be required zoning bythat electricity generation facilities and transmission and distribution systems (captured undercomplying with the regulations the applicable zone in which they are located.Following the site visit to the subject properties (Ave) modifications to their Significant Woodlands and Environmental Sensitive Policy Area (ESPA) layers around the Wilson Ave area. Consistent with what staff indicated in previous correspondence, the Grand River Conserproperties are within the GRCA regulated area and further, reiterate that no modifications to the delineation of slope erosion hazards and flooding hazard are supported. Staff can confirm Woodlands and ESPA layers and data from the Region of Waterloo on July 24th. Below, Figure 1, shows the modified Significant Woodlands and the ESPA layers on the subject properties. Accordingly, in the propfinal Zoning ByWoodlands and ESPA layers. Therefore, the delineation of the NHC e zone. the subject use - y of new ones 1 zone. - 1 Zone - be constrained by the setback 1 zoning for the site now places floor - he current Commercial Policies of the Official that regional staff erred in designation of the e that there may be individual tenants that require dential development permission be continued and Comment Summary1) Concerned that they will requirement set out in the COM1) States that new COMarea restrictions on most permitted uses, limiting them to 300 sq. m which differs from the current C2) They believmore than 300 sq. m of spaces and would like the cap to be removed.3) State that the configuration of the lot make it difficult to develop for commercial uses. As such, they believe that the current resithat multiple dwelling unit permission be maintained on the site to provide the option for a freestanding residential building. 4) If it is deemed that freestanding residential units is not consistent with tPlan, the applicant suggests a housekeeping amendment to the Official Plan. 5) Alternatively the applicant states that a mixeddesignation and zone could be added to the site.1) Concerned with the provision in s.4.16.1 (a) which requires electricity facilities and transmission and distribution systems to comply with performance standards of an applicabl2) Infrastructure Ontario (IO) and Hydro One Networks Inc. (HONI) are concerned with this provision since much of their HONI infrastructure cannot meet many zoning performance standards such as maximum heights, lot coverage or setbacks.1) State that the subject property does not have a slope or anature feature and that the special provision is not applicable.2) State that subject property has been zoned residential for 80 years and should remain zoned that use3) State that residential zones should never be considered as open space.4) Concernedsubject property as ESPA#3 Homer Watson Park since they used aerial mapping not direct site visits.5) Property owner reviewed the ROP 7C Core Environmental Features and states the criteria does not apply toproperty since there are no core environmental features at 1016A Wilson Ave.6) Property owner believes there are many inaccuracies for mapping and in their 44 years of ownership there has been no existing natural hazards and/or the possibilit Commenter Michael WeinbergGlenn Scheels, GSP Group Inc. Southwest Corner Glasgow Street and University Avenue West Written: April 17, 2018, May 3, 2018Jaime Posen, Fotenn Consultants Inc. Infrastructure Ontario and Hydro One Networks Inc. Written: April 18, 2018Neil Taylor 1016A Wilson Avenue Written: April 25, 2018 and April 30, 2018Oral: April 30, 2018 #2and1234and8 1 - 12 law or - - at dwelling units ) so not applicable 2 zones. residential use to be will be permitted - - non residential uses abut the façade for the - Corresponding Change in Final ByFurther Action Change: Revised MIX zoning so that provision 8.2(1) is not applicable to MIXAccordingly, a cluster townhouse dwelling and a multiple dwelling without requiring alocated on the lot. Revised regulation 8.2 (2to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freestanding. Revised 8.2 (2) to clarify th(including amenity areas and access) may be located on the ground floor provided that nonentire length of the façade, except for access. Change: Site specific provision (12) proposed for property to reflect recently approved site plan - standing. - 1) will still be in - law 85 - law and consulting on the By - e façade for the entire length of law recommendation. - to the extent shown in green in law is applicable to all properties in - at facilitating and achieving a built form 2) zoning on the subject properties will law (Zoning - - law, staff will revise regulation 8.2 (2) so it - example. residential uses permitted in the proposed MIX - law, staff will recommend that the land use - tion of the final by Law. - residential uses abut th - ll apply to only permit multiple dwellings on a lot containing a law, there is an opportunity to consider the recent site plan 1 be changed- - law was prepared. Although there are transition provisions in the - ue to apply on the portions of the properties that are not included in residential use. 8.2 (2) will be revised to clarify that dwelling units - dential (RES) zones to the new Zoning By Staff Response (provided in individual response letters) zone will be revised, but will still apply Figure 1. Further, the slope erosion hazard (brown line) and flooding (blue line, hatched) hazard overlay will continue to apply as delineated in the final draft tabled in Spring 2018 any require permits from the GRCA prior to any development. As part of the Official Plan Amendment being done as a companion to the proposed final Zoning Bydesignation for the portions of the properties no longer proposed to be zoned NHCconsidered in a future component of CRoZBy that will consist of adding resiapplication of the RES zones to properties designated residential. Until such time as the new Zoning ByKitchener, the existing Zoning Byeffect and will be applicable to lands not included in the new Zoning Bylaw. Therefore, until such time as new residential zoning is considered, the existing Open Space Zone (Pcontinthe new Zoning ByAn important aspect of properties designated and zoned for mixed use is that they are in existing or planned transit areas with the intent of having increasing amounts of pedestrian activity. Currently, it is important to include regulations that are aimedthat is transit and pedestrian oriented. As indicated in previous correspondence, the purpose of restricting dwelling units on the ground floor is to ensure that active uses are located at the street to encourageactive, pedestrian friendly streets. Active uses are not limited to only retail, but include any of the nonzoning, including office, commercial school, fitness centre, veterinary services and restaurants forIn the proposed final zoning byis not applicable to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be free8.2 (1) will stinon(including amenity areas and access) may be located on the ground floor provided that nonthe façade, except for access. The final site plan approval for this site was after the UGC component of the byproposed byapproval in the formula law lacks sound planning - law proposes to rezone the - store front or deter development the main floor to the uses described t viable main floor commercial along /016/G/JVW. Comment Summary7) City and Regional staff have yet to make site visits to the site and owner believes that proposed byprinciples. 1) Concerned that limiting will discourage the development everyone would like to see happen.2) Stated that the current density and development constraints in this area make it almost impossible to provide the population density needed to supporthe Lancaster strip.3) States that the Grand River limits the opportunity to intensify on the east side of Lancaster. The creek, wetlands and existing low density on the left side limits opportunity for intensificationand the Conestoga parkway effectively limits opportunity for intensification and limits significant interaction between areas south of it and the Lancaster node. 4) Concerned that forcing developers to provide main floor commercial will result in vacant in this node entirely.5) For the retail use to survive it will require higher nearby supporting populations than before.1) The applicant received AIP from the City of Kitchener for their proposed development on December 12, 2017. 2) Stated that the draft Zoning Bysite and it does not reflect the Site Plan Application SP17 Commenter Dietmar Sommerfeld, CBRE Limited Lancaster Street Mixed Use Corridor Written: April 26, 2018Heather Price, GSP Group Inc. 24 Gaukel Street #56 1 - 13 law or - 45 (1.4), to permit all law Amendment applications and - law prior to the second anniversary of the - Corresponding Change in Final ByFurther Action Change:Site specific provision (125) proposed for property to reflect recent zoning amendment No change: Written acknowledgement received November 21, 2018 stating land owners acceptance of proposed zoning of property.Further Action:Staff recommending that Council declare by resolution, in accordance with Section 10.0.0.2 and SectionZoning Byminor variance applications submitted to amend/seek variance from the new zoning byday on which it was passed. s, wholesaling of the use of a ng parking spaces s for to implement a new 3. Therefore, the - law - law. - conforming as it continues to - 3: Regulations for Minimum Parking - tail as a permitted use. Retail is only complying. This is a necessary law was prepared. There is an - - law is in effect, all regulations, unless - law amendment for the subject site occurred - law is adopted by the City there will be cases of - storage warehouses, and facilitie - law includes the following definition of warehouse e in the proposed zoning by - recommendation. the Official Plan. law - law defines home improvement store as "means conforming and legal non - - 130 percent of those required in Table 5 otherwise stored or manufactured within the building, but shall not . Therefore, based on information obtained from the Zoning Staff Response (provided in individual response letters) after the UGC component of the byopportunity to consider the recent zoning approval in the formulation of the final by1) Confirmed.2) Confirmed.3) The zoning by"means the use of a building for the storage and/or distribution of goods and may include selfgoodsinclude a truck transport terminal". Through the definition of warehouse, wholesaling is also permitted. 4) The bypremises for the retailing of housewares and a wide range of materials, merchandise, and equipment for construction, home improvement, and home gardening". The Business Park Employment Official Plan land use designation does not contemplate repermitted as an accessory use to an employment area use (OP policy 15.D.6.30). As such, adding a home improvement store to the "building material and decorating supply establishment" use would not be consistent with 1 and 2) Once the new zoning byotherwise stipulated, will apply to any development (i.e. additionexpansions, redevelopment) on the property. Staff acknowledges that once a new zoning bylegal nonbyproduct for moving towards a new zoning byOfficial Plan. Staff confirm that an office use is proposed to be a permitted use on this property as per proposed Site Specific Provision (78). Therefore the use will not become legal nonbe a permitted usIn accordance with proposed Table 5Requirements, for an office use that is located in a zone other than UGC and MIX, 1 parking space is required for every 33 m2 of gross floor area (GFA)Occupancy Certificate for the subject property, 154 parking spaces would be required for a 5,069 square metre office. Proposed 5.7 a) stipulates that the number of parking spaces shall not exceed maximum number of parking spaces for a 5,069 square metre office would be 200 spaces. It is understood that there are 241 existing parking spaces. In accordance with proposed 5.7.d), if the existion a lot exceeds the maximum number of parking spaces permitted by 5.7 a), the number of existing parking spaces shall be the maximum number ty? law - g by conforming - law proposed to - specific zoning to reflect - 120 with respect to the king rates will require them - 034. - conforming status will impact their - law - ZBA 2018 law 2018 - residential uses, shall only be required for - rtions of buildings that were not existing on the sting buildings while seeking approval for a new ns of By law and that the parking standards would only apply - 1 and in the industrial employment policies of the Official ation. - Comment Summary1) City Council approved subject property however the new Zoning Byrezone that site and does not reflect the recently approved zoning for the site.2) Asks for city staff to incorporate sitethe permissio1) Confirmed that Site Specific Provision (29) has been revised in accordance with their request. 2) Confirmed that warehouse use has been reinstalled as a permitted use in accordance with their request3) Wholesale use is a current permitted use in Zonin85Plan. Ask that wholesale be added as a permitted use on their subject property.1) Would like clarification on how their property is impacted. What is the proposed maximum parking rate for their properAsks that staff confirm that existing parking complies with the Zoning Bywhen new buildings are proposed. Request that staff include a site specific provision that does not limit parking for this loc2) Concerned that legal nonproperty value. Wants city to provide a qualified Real Estate status on their property.3) States that new required bike parto provide 10 Class A and 5 Class B bike parking stalls along with shower and change facilities. States that this places undue burden on the landowner. 4) Concerned that they will be required to make unnecessary changes to exibuilding on the property. Request that requirements for Bicycle Parking Stalls (Class A and Class B) and related Indoor Shower regulations for nonbuildings or podate of passage of this By5) Ask that consideration be given to preparing a 120 Victoria - Commenter Written: April 30, 2018Heather Price, GSP Group Inc. 114Street South Written: April 30, 2018John S. Doherty, Gowling WLG (Canada) LLP 809 Wellington Street North Written: May 2, 2018Gord Mepham, Peter Benninger, Coldwell Banker Peter Benninger Realty, Brokerage 508 Riverbend Drive Written: May 2, 2018Oral: May 8, 2018Andrea Sinclair, MHBC Planning Written: May 8, 2018 #71011and78 1 - 14 law or - n land use ndment. 1) zoning will be applied to the - Corresponding Change in Final ByFurther Action Change:The Natural Heritage Conservation land use designation in the Official Plan is proposed to be amended to reflect the modifications to ESPA layers. Accordingly, a portion of the property will be designated Natural Heritage Conservation and the remainder of the property will be designated Low Rise Residential as part of the Companion Official Plan AmeFurther Action:In a future phase of CRoZBy, residential zoning and Natural Heritage Conservation (NHCproperty to correspond with the Low Rise Residential land use designation and the Natural Heritage Conservatiodesignation land use designation 1 - to be lications 1) Zone will - law prior to the - nsist of adding mmendations law would be 241 - Grand River dingly, in the proposed 1016, 1082, 1094 Wilson law and consulting on the - om the first draft to the final draft Street Parking & Loading - from the GRCA prior to any proposed new zoning by law, staff will recommend that the land use - t will still apply to the extent shown in green in law, the Natural Heritage Conservation (NHC - - law Amendment applications and minor variance app - - on May 11, 2018, staff is aware that the regional staff made Staff will be recommending that Council declare by resolution, in ned NHC Staff Response (provided in individual response letters) of parking spaces. Therefore, the maximum number parking of spaces that would be required by the parking spaces. 3 and 4) As indicated in previous correspondence, direction for Class A Strategy and staff also considered conclusions and recofrom the Comprehensive Review of OffRegulations. Both documents provided direction to implement bicycle parking requirements and shower and change facility requirements in the zoning bylaw. Staff revised regulations frzoning byshower and change facilities) are only required for new buildings or new required for all buildings. Please refer to 5.4.a).5) accordance with Section 10.0.0.2 and Section 45 (1.4), to permit all Zoning Bysubmitted to amend/seek variance from the new zoning bysecond anniversary of the day on which it was passed.Following the site visit to the subject properties (Ave) modifications to their Significant Woodlands and Environmental Sensitive Policy Area (ESPA) layers around the Wilson Ave area. Consistent with what staff indicated in previous correspondence, theConservation Authority (GRCA) has confirmed that portions of the subject properties are within the GRCA regulated area and further, reiterate that no modifications to the delineation of slope erosion hazards and flooding hazard are supported. Staff can confirm that we are in receipt of the updated Significant Woodlands and ESPA layers and data from the Region of Waterloo on July 24th. Below, Figure 1, shows the modified Significant Woodlands and the ESPA layers on the subject properties. Accorfinal Zoning ByWoodlands and ESPA layers. Therefore, the delineation of the NHCzone will be revised, buFigure 1. Further, the slope erosion hazard (brown line) and flooding (blue line, hatched) hazard overlay will continue to apply as delineated in the final draft tabled in Spring 2018 any require permits development. As part of the Official Plan Amendment being done as a companion to the proposed final Zoning Bydesignation for the portions of the properties no longer proposed to be zoconsidered in a future component of CRoZBy that will coresidential (RES) zones to the new Zoning Byapplication of the RES zones to properties designated residential. nue to be xxx prior to the - law Amendment specific basis within - - at there may be the need submitted to amend Bylaw 20xx year time period. - Comment Summaryrecommendation to Council to the effect that Section 34 (10.0.0.1) does not apply to all Zoning Byapplicationssecond anniversary of the day on which it was passed; and that Section 45 (1.3) does not apply to all minor variance applications. Other municipalities have taken a similar approach. Our general concern is thfor variances or zoning changes on a sitethe two1) States that proposed NHC zoning is inconsistent with the long established use of the property and requests that the City change the zone back to residential.2) States that residential use has been and can conticonsistent with natural feature preservation. 3) States that real financial damage will be incurred if the proposed zoning were to be adopted. Commenter Oral: May 8, 2018John & Holly Caron, 1082 Wilson Avenue Written: May 4, 2018 #13 1 - 15 - law or - ons and law Number 85 - ng By law at this time and will - law Amendment applicati - ng height of 12 storeys or 36 metres on applied on the property. law prior to the second anniversary of the t - Corresponding Change in Final ByFurther Action Change:No longer proposing a holding provision on the propertySite Specific provision (118) proposed for property to allow an increased maximum buildia lot containing a mixed use building.Further Action:Staff recommending that Council declare by resolution, in accordance with Section 10.0.0.2 and Section 45 (1.4), to permit all Zoning Byminor variance applications submitted to amend/seek variance from the new zoning byday on which it was passed.Change:Flooding hazard overlay updated to be consistent with current GRCA mappingThe property is not proposed to be included in the new zoning byremain subject to zoni1. An ecological restoration area overlay is no - ay serves operties will law Amendment - 1) will still be in pedestrian scale - ored feature or the law prior to the - law 85 - law is applicable to all properties in - that Council declare by resolution, in agreement to applying a site specific 2) zoning on the subject pr law (Zoning By - - ent application and the design brief can be to the satisfaction of the City, Region, Grand such guidance exists, the optimal ecological m permitted building height of up to 50 percent of oning By law. - the proposed 14H holding provision in the proposed Law. - law recognizing that necessary sanitary servicing - es. Staff Response (provided in individual response letters) Until such time as the new Zoning ByKitchener, the existing Zeffect and will be applicable to lands not included in the new Zoning Bylaw. Therefore, until such time as new residential zoning is considered, the existing Open Space Zone (Pcontinue to apply on the portions of the properties that are not included in the new Zoning By1) and 2) As indicated in previous correspondence, staff acknowledges that Official Plan policy 15.D.4.23 provides for the consideration of increases to the maximuthe permitted building height for mixed use buildings containing a residential use. There are certain aspects outlined in this policy that must be satisfied on a site specific context (e.g. compatibility, base, appropriate massing). Given that certain aspects must be addressed site specifically before an increase in building height can be considered, staff is still of the opinion that this would be appropriately addressed through a developmconsidered for justification. As such, staff will not be recommending permitting a greater maximum permitted building height for this property in the final draft zoning by3 and 4) Staff will be recommendingaccordance with Section 10.0.0.2, to permit all Zoning Byapplications submitted to amend the new zoning bysecond anniversary of the day on which it was passed. 5) Staff will remove final zoning byinfrastructure will be available to handle additional development. Further Consideration of RequestUpon further consideration, staff in provision to the property to allow for increased building height1) The delineation of the flooding hazard overlay is consistent with current GRCA mapping. 2) Ecological Restoration Heritage System as identified in the 2014 Official Plan (OP).The intent of ecological restoration areas overlay is to identify lands that have the potential to have their ecological functions restored. The overlas a notice that those lands identified will be subject to an Environmental Impact Study or other appropriate study prior to development (vacant sites), redevelopment (of all or part of existing developed sites), or site alteration (vacant or devPoliciThe study must demonstrateRiver Conservation Authority and/or Province, as appropriate, that there will be no adverse environmental impacts on the restecological functions of the feature in its optimal ecological state. The optimal ecological state of an ecosystem may be determined through watershed studies, environmental assessments, or other similar master plans or studies. Where no provision use building - tensify the upported on this year moratorium, which can - om the GRCA law. The property owner is concerned that the - Comment Summary1) Official Plan Policies make provision for increase to the permitted building height of up to 50% for a mixedcontaining residential uses. 2) The applicant submitted a design brief which demonstrates that additional building height can be sproperty. 3) The Planning Act provides a 2be put in place following the approval of a new comprehensive Zoning Bypotential moratorium may affect the ability to insubject lands. 4) Requests that staff considers exempting the subject lands from any moratorium that may be considered or alternatively, provide for a maximum building height of 12 storeys.5) Requests that staff consider removing the holding as it relates to the construction of a forcemain which will be completed this year1) The adopted Official Plan is under appeal as it relates to the subject lands2) Ask that flooding hazard overlay reflect permits that have been received fr3) Ask that the ecological restoration areas overlay be deleted given the lands are developed with an automobile dealership Commenter Paul Britton, MHBC Planning 2980 King Street East Oral: April 30, 2018Written: May 4, 2018Paul Britton, MHBC Planning Courtland Ave East, south of Block Line Road in proximity to Siebert Avenue Written: May 4, 2018 #1415 1 - 16 law or - eviewed. Corresponding Change in Final ByFurther Action No Change:Staff continues not to propose new zoning for the subject properties at this time given that they are have a residential land use designation.Further Action:Will consider the request in a future phase of CRoZBy when the zoning of residential lands are rChange:Proposed zoning on property consistent with the Official Plan e Kitchener Staff Response (provided in individual response letters) state of an ecosystem will be determined by the appropriate agencies having jurisdiction in consultation with the owner/applicant.This overlay will remain on the property in order to comply with the Regions / 1) and 2) Staff are aware of the interest in the lands for park/open space purposes. Similar input was previously received through thGrowth Management Plan process. These lands will be considered in a future component of CRoZBy. The City is working with the landowner, Grand River Conservation Authority.Addition al stakeholder meeting took place November 16, 2018No formal response provided as lands were subject to Official Plan Appeal. ts law not apply any - Natural Heritage System of ological Restoration Area, as it does not law however it does fall under the Flooding - Ecological Restoration Area Overlays. aw l - Comment Summary1) Requesting that the publicly owned lands outlined at 155 Woolner Trail and the publicly owned lands along the east side of Woolner trail to the south of the Woolner Heritage Farm be By2) Public passive parkland uses are needed and will enhance the valuable natural resource that the Grand River provides1) The subject lands are not proposed to be rezoned in the proposed Zoning ByHazard and 2) The client currently had Map 6 the Kitchener Official Plan under appeal as it relates to their lands3) Does not believe that section 34(1)3.2 of the Planning Act permits zoning of an Ecfall within the range of natural features and areas that are referenced in that section.4) Requests that the proposed Zoning Byoverlay designations to its land prior to the final resolution of iappeals of the Kitchener Official Plan. Commenter Larry Kotseff & Stephanie Massel, 155 Woolner Trail and property owned by the GRCA on the east side of Woolner Trail Written: May 4, 2018Oral: May 8, 2018Robert Howe, Goodmans LLP North West Corner of New Dundee Road and Reidel Drive Written: May 4, 2018 #1617 1 - 17 land n shall law or 3 to - - unit - chain link sion (54) to 2 and legalize the - unit parking rate. Minimum of - interior side yard setback e proposed maximum multi 2 with site specific provi - minimum Corresponding Change in Final ByFurther Action Change: No longer proposing MIX zoning on the property. Revising Official Plan Amendment to change land use designation of subject lands from Mixed Use to Medium Rise Residential. Further Action:Zoning of the property will be reviewed ifuture phase of CRoZBy. Change: As per landowners request, proposed that Official Plan be amended to change the use designation on 525 Highland Road W., As per landowners request, changing the proposed zoning of 525 Highland Road W., and 563 Highland Road W. from MIXCOMexempt existing buildings and structure from regulations within Table 9existing drive through facility.As per landowners request, site specific provision (53) applied to 491 Highland Road W revised to permit the existing fence along the lot line abutting a residential zone as a visual barrier and to clarify that the be 1.5 metres.Added a 'multi1 sp / 35 GFA and maximum of 1 sp / 24 GFA. Thparking rate would allow 265 spaces on 563 2. - an unit parking - , 2019 3 for reasons - th the maximum building height in Dwelling units shall not be located aff response to your submission res uses) - law is pending. - ke the corresponding changes to recommend that 525 and 5 will now include a minimum and maximum multi usly discussed. 2 will be 25 m for mixed use buildings. note that in the written and oral submissions made on behalf of the - Staff Response (provided in individual response letters) No formal response provided as lands were subject to Official PlAppeal.Response to May 4, 2018 SubmissionStaff property owner it was requested that consideration of new zoning to be applied to the subject lands be deferred until such time as the Official Plan appeals are resolved. Accordingly, a stand confirmation of the zoning that staff will propose for the subject lands in the final Zoning ByAdditional stakeholder meeting took place Feb 14Response to Feb 19, 2019 SubmissionStaff will ma563 Highland Rd W be designated Commercial and zoned COMThe land use designation and zoning for 491 Highland Rd W will remain designated Mixed Use and proposed to be zoned MIXprevioStaff confirm that in the final zoning bylaw it is intended that:the maximum GFA of 10,000 sq m will be applicable to retail only rather than being applicable to all nonCOMRegulation 9.1 (3) will not be changed. on the ground floor. Space used for access to dwelling units is permitted on the ground floor. Sectionrate and a provision will be added to recognize existing parallel parking spots. 1 zone - plicant conforming and the - ht requirement of 24 3 and what it means - n every site .6 despite the policy direction 3 provisions are as follows: 1 with special use provision nd they ask that the proposed - - specific constraints of the subject - law is concerning to the property - 3 zone would frustrate changes in - ment. The proposed special provision (94) facing elevations at grade) - due to its unusual configuration instating the maximum building heig - e current proposed by Comment Summary1) Current property is zoned C363U and special regulation provision 466R.2) The in effect zoning allows for a maximum building height of 24 metres and does not provide an explicit maximum floor space ratio requirelimits the building height to 21 metres and the MIXimposes a maximum floor space ratio requirement of 1.3) Requests the Staff consider increasing maximum FSR to 2 and rem4) The development block extends into the hydro corridor, In consideration of the existing easement we anticipate this portion of the block will only be used for parking and landscape purposes only. Given the lot configuration the aprequests that the proposed site specific provision be revised by deleting the minimum interior side yard and rear yard setback abutting a hydro corridor.5) Existing zoning and policy framework make provision for free standing apartment buildings azoning add a similar provision6) Requests confirmation that an amenity area associated with residential is permitted on the ground floor of mixed use buildings.May 4, 20181) State that it is very important to the property owners that the subject properties maintain their legal status/existing use permissions and the zoning is sufficiently flexible to allow changes in tenancy, site improvements and future development. 2) Thowner because it makes their use legal nonregulations of the MIXtenancy and would not allow for site improvements or incremental intensification3) Concerned with the aspects of the MIXfor new development since it does not allow the subject properties to intensify incrementally over time.4) Their concerns with the MIXa. Requires a minimum FSR of 0in the Mixed use designation that states that the implementing zoning will consider and may contain transition requirements to facilitate an permit lands to ultimately meet the minimum FSRb. It requires the mixing of uses oc. Contains requirements that would be more appropriately contained in design guidelines (e.g. minimum 70% transparent openings of streetd. Does not consider the siteproperties Feb 19, 2019 May 4, Commenter Paul Britton, MHBC Planning 10 South Creek Drive Written: 2018Chris Pidgeon, Heather Price, GSP Group Inc. 491 Highland Road W., 525 Highland Road W., and 563 Highland Road W. Written: May 4, 2018Eric Davis/Michelle DesRosier Oral Submission: May 8, 2018Further correspondence received: Feb 19, 2019 #1819 1 - 18 2 - m law or m to 8 - - in COM - Parking, residential gross - generally do not apply to existing Action: a and minimum percent of 3. - Corresponding Change in Final ByFurther Action Highland Road W when have a GFA of 6,423 sq m. Added provision in Section 5 Loading, and Stacking to stipulate that provisions parking space, existing loading spaces and existing stacking spaces and existing stacking lanes.Revised the maximum gross floor area requirement in COM and MIX zoning to apply to retail only rather than nonresidential.Revised maximum building height to 25m for a mixed use buildingRevised 8.3(1) so that all the regulations of all MIX zones contained in Table 8.2 are not applicable to existing buildings and structuresIncreased the maximum distance between façade openings in MIX zones from 4m.Reduced the minimum percent of ground floor façade openings from 70% to 50% for MIXAdded regulation to exempt individual buildings from achieving the minimum floor space ratio, minimum percent of nonresidential gross floor area and minimupercent of residential gross floor area where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio, minimum percent of nonfloor areresidential gross floor area.Change: No longer proposing INS zoning on the property. Further Zoning of the property will be reviewed in future phase of CRoZBy. e, confirm that with the unit parking rate and a Gross Floor Area - Staff Response (provided in individual response letters) In regards to the requests for an increased maximum number of parking spaces on 563 Highland Road W to 265 spacproposed revised maximum multiof 6,423 sq m, 265 spaces would be permitted by the zoning bylaw.No formal response provided. Necessary discussions occurred through review of relevant planning applications. - - 1 - and Zoning By 2 Zoning for 525 - in zoning to INS res uses) - the unique configuration of 2 from 15 m to 24 m for - residential use. - 10,000 sq m is applicable to retail only conforming and existing Committee of - that the City consider increasing the maximum # of law, includin - e.g. amenity rooms, lobby, mailroom, storage, etc.) is permitted Comment SummaryAccept a Commercial designation and COMand 563 Highland Road as suggested by staff. Maintain that 491 Highland Road should have the same designation/zoning as the other two properties. Given 491 Highland, it is unlikely to realize a mixed use development on its own. We will continue further investigation of what a MIX3 zone means for future development of 491 Highland. Request confirmation that:the maximum GFA of(rather than being applicable to all nonthe max building height in COMbuildings containing dwelling units. regulation 9.1 (3) is revised to clarify that dwelling related space (on the main floor and that the entire ground floor is not required to be occupied with nonchanges being made to the parking regulations in Section 5 of the Bythe recognition of existing parallel parking spots.Request site specific provisions to ensure properties do not become legal nonAdjustment decisions are recognized. Requestparking spaces on 563 Highland Road West to 265 spaces (38 more spaces more than existing conditions) in order to support occupancy of the vacant basement space. 1) Blaze Properties Inc. had made applications to the City of Kitchener for amendments to the Official Planlaw to permit single storey attached dwellings for seniors affordable housing2) Blaze has been preparing the required reports and is in a positon to file complete applications to The City of Kitchener3) Blaze properties opposes the change Commenter Mark L. Dorfman, Mark L. Dorfman, Planner Inc. 146 Trafalgar Road #20 1 - 19 law or - hange: Corresponding Change in Final ByFurther Action No change:No change requestedNo change:No change requestedNo change:No change requestedNo cNo change requestedNo change:No change requested evious concerns formal response provided. Comments indicated that previous concerns Staff Response (provided in individual response letters) Noaddressed. No formal response provided. Comments indicated that previous concerns addressed. No formal response provided. Comments indicated that previous concerns addressed. No formal response provided. Comments indicated that previous concerns addressed. No formal response provided. Comments indicated that praddressed. have law - Site Specific Provision law in part through Site - permissions have been low for the completion and law as it relates to these lands and - law as it relates to these lands and law as it relates to these lands and law as it relates to these lands and law as it relates to these lands and ---- law in part through - operty and related setbacks as well as clarifications on law. law. - - Comment Summarysince there is no intent to reuse the old school building for institutional purposes or demolish the building for other institutional uses4) Requests that the City of Kitchener defer consideration of this change in zoning in order to alsubmission of the relevant planning applications.1) Pleased to find that concerns related to site specific provisions and retail and office addressed in the final draft Zoning BySpecific Provision 48.2) Support the proposed byask to be notified of any further changes as it relates to the subject property1) Pleased to find that concerns related to Natural Heritage Features permitted uses have been addressed in the final draft Zoning By2) Support the proposed byask to be notified of any further changes as it relates to the subject pr1) Pleased to find that concerns related to permitted uses been addressed in the final draft zoning by2) Support the proposed byask to be notified of any further changes as it relates to the subject property1) Pleased to find that concerns related to site specific provisions and office permissions have been addressed in the final draft Zoning By48.2) Support the proposed byask to be notified of any further changes that relates to the subject lands1) Pleased to find that clarification related to permitted uses and office permissions have been addressed in the final draft zoning by2) Support the Final Draft Byrespectfully request ask that we be notified of any further 4289 King 4370 King -- 30100, -- Commenter Written: May 6, 2018Carol Wiebe, MHBC Planning 4271Street East Written: May 7, 2018Carol Wiebe, MHBC Planning 575 Riverbend Drive Written: May 7, 2018Carol Wiebe, MHBC Planning 50 Washburn Drive Written: May 7, 2018Carol Wiebe, MHBC Planning 4336 and 4318 King St E., 20 Heldman Rd, 10Sportsworld D,4336St E., 50 Sportsworld Crossing Rd 60Sportsworld Dr Written: May 7, 2018Carol Wiebe, MHBC Planning 1265 Strasburg Road #2122232425 1 - 20 - - law or - law and - d to be law at this - 1 zoning applied to the - 1. - 1 zoning and residential zoning - residential. the maximum gross floor area - d plied, the NHC Corresponding Change in Final ByFurther Action Change: Reviserequirement to apply to retail only rather than nonChange:The subject lands are not proposeincluded in the new zoning bytime and will remain subject to zoning Bylaw Number 85Further Action:At the time the subject lands are proposed to be included in the new zoning byhave NHCapproperty will be consistent with the approved Detailed Vegetation Plan (DVP) for 30T97012.Change:Proposed zoning on property consistent with the Official Plan law, - ation Authority - n the proposed final zoning by ermined through watershed studies, tation with the owner/applicant. opment (of all or part of existing developed sites), or site egistration; and we have refined the zoning based on the original 97012. The DVP refines the General Vegetation Overview (GVO) - Staff Response (provided in individual response letters) 1, 2, 3, 4) Upon further consideration, istaff will revise the proposed COM zoning to apply the maximum gross floor area requirement to retail only. 5) As indicated in previous correspondence, the Ecological Restoration Areas (ERA) are a component of Kitcheneridentified in the 2014 Official Plan (OP). The ERA overlay serves as a notice that those lands identified will be subject to an Environmental Impact Study or other appropriate study prior to development (vacant sites), redevelalteration (vacant or developed sites) as per our Official Plan Policies (7.C.2.34. through to 7.C.2.43.). The study must demonstrate to the satisfaction of the City, Region, Grand River Conservand/or Province, as appropriate, that there will be no adverse environmental impacts on the restored feature or the ecological functions of the feature in its optimal ecological state. The optimal ecological state of an ecosystem may be detenvironmental assessments, or other similar master plans or studies. Where no such guidance exists, the optimal ecological state of an ecosystem will be determined by the appropriate agencies having jurisdiction in consulThe proposed NHC zone illustrates a more refined limit of development and is consistent with the approved Detailed Vegetation Plan (DVP) for 30Tprior to rintent. The Detailed Vegetation Plan would not have necessarily been available when the Conservation Easement or previous 'P' zone were established.No formal response provided as lands were subject to Official Plan Appeal.Lands proposed to be added to zoning byprocess. 2 - - zone the subject - residential gross floor g in consideration of - law that could impact this not re - 2 Zone be clarified as relating to - residential GFA exceeds 10,000 law does residential floor area cap and the - - - difficult time intensifying, despite nal Draft, and as a result the non of the COM easement shown on the attached plan. Comment Summarychanges to the Final Draft Zoning Byproperty.1) Concerned with the nonecological restoration overlay2) The current zoning permits a maximum gross leasable commercial space of 13,500 sq. m on the subject lands and limits the gross leasable commercial space for a single commercial outlet to 4,550 sq. m. This provision is not being carried forward in the Firesidential gross floor area of the development will be limited to a maximum of 10,000 m2 as per the regulations of the COMzone category. 3) Suggests that the maximum total nonarea requirementretail only.centres where the total nonm2, a number of commercial sites (including 370 Highland Road West) may have ahaving retail floor areas well below 10,000 sq. m.5) Ask that the Ecological Restoration Overlay be deleted as it relates to the developed portions of 370 Highland Road West. The subdivision was subject to extensive analysis with respect to the limit of environmental features which were ultimately determined to coexistent with conservation easement. Please revise zoning limits such that they are coincident with the conservation1) The proposed Zoning bylands but applies overlay which restricts a number of uses.2) Question overlay restrictions in the event identified overlay considerations are otherwise resolved or removed from the property.3) Question the need for overlay mappinGRCA regulations which are now in effect4) Requests the overlay map as it relates to the subject lands be deleted. Commenter Written: May 7, 2018Carol Wiebe, MHBC Planning 370 Highland Road W. Written: May 7, 2018Oral: May 8, 2018Paul Britton, MHBC Planning Deer Creek Court Written: May 7, 2018Paul Britton, MHBC Planning Brigadoon South Community Lands Written: May 7, 2018 #262728 1 - 21 2 - law or - - cess) may law amendment - xisting buildings and residential. - residential uses abut the façade for the - e Official Plan. Corresponding Change in Final ByFurther Action Change:Proposed zoning on property consistent with the Official PlanRevised regulation 8.2 (1) so not applicable to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freestanding. Revised 8.2 (2) to clarify that dwelling units (including amenity areas and acbe located on the ground floor provided that nonentire length of the façade, except for access. Revised 8.3(1) so that all the regulations of all MIX zones contained in Table 8.2 are not applicable to estructuresRevised maximum building height in COMto 25m for a mixed use buildingRevise the maximum gross floor area requirement to apply to retail only rather than nonRevised how ground floor façade openings calculatedRevised to allow mapping errors to be corrected as technical revisions and without a new for a zoning byChange:Proposed zoning on property consistent with th through this , 2019 th -- onse provided as lands were subject to Official Plan Staff Response (provided in individual response letters) No formal response provided as lands were subject to Official Plan Appeal.Lands proposed to be added to zoning byprocess. Additional stakeholder meeting took place Feb 8No formal respAppeal.Lands proposed to be added to zoning byprocess. 2 d - 2 zone be - dwelling units of zone the subject - 2 Zone and for a food store. - 2 Zone be deleted - law does not re - the proposed minimum ground floor mitted) g and loading spaces is problematic welling units without the requirement und floor of a building fronting a street. siderations are otherwise resolved or removed from the Suggest that maximum floor areas requirement of the COM Comment Summary1) Ask that Section 8.1 (Mixed Use Zones) make provision for free standing multiple dthat they be located within a mixed use building as provided for by the official plan.2) Ask that the Mixed Use Zone be clarified such that amenity space associated with multiple dwellings is also permitted on the gro3) Please consider deleting the total maximum gross floor area of 5,000 square metres in the MIX4) Anticipates the minimum ground floor façade width of 50% will be problematic as willopening requirement. Suggest these requirements be reduced and/or eliminated with consideration of these matters occurring in the context of a site plan approval process and/or design guidelines.5) The location of parkinand in the alternative, suggests a minimum setback from adjacent streets6) Suggest that the mixed use requirement for multiple dwellings outlined in the COM7) Wants confirmation that a maximum FSR fortwo is in addition to permitted commercial floor area8) Suggest that maximum building height in a COMincreased to 24 metres to ensure appropriate intensification of the sites and in recognition of the proposed maximum FSR9) zone be clarified as relating to retail only10) Definitions should cite listed uses as examples which are (e.g. the use shall be per11) The interpretation section should be clarified/expanded to provide for zone and classification interpretations based on approved permits issued from the GRCA or similar agencyto exclude any floor area located 50% or greater below grade.1) The proposed Zoning Bylands but applies overlays which restrict a number of uses. 2) Question overlay restrictions in the event identified overlay conproperty.3) Question the need for overlay mapping in consideration of GRCA regulations which are now in effect4) Requests the overlay map as it relates to the subject lands be deleted. Commenter Paul Britton, MHBC Planning Lands at the Southwesterly intersection of Ottawa Street and Lackner Boulevard and at the Northeasterly intersection of Ottawa Street and River Road Written: May 7, 2018Paul Britton, MHBC Planning Huron Road Land owned by Activa Holdings Ltd. Written: May 7, 2018 #2930 1 - 22 law or - to the .D.12.27 (29) Corresponding Change in Final ByFurther Action Change:Added Site Specific Provision property in accordance with 15 ons law - law, staff - law to nt and/or - law regulati - law is adopted there will 2 zone implement the - complying. This is a - - ific Policy Area 34. specific consideration, where - law, staff will apply site specific site - g towards a new zoning by tions from the Comprehensive Review of l revise the COM zoning to clarify and will list conforming and legal non - nt to retail only. es of the new Official Plan are implemented. Street Parking & Loading Regulations. Shower and change facilities - Staff Response (provided in individual response letters) 1, 2a) The permitted uses proposed in the COMcontemplated as a permitted use in the Commercial land use designation. Staff acknowledges that once the new zoning bybe cases of legal nonnecessary byproduct for movinimplement the new Official Plan.2b) In the proposed final zoning byprovision (27) to implement Site Specific Policy Area 27 (15.D.12.27) in the same manner that it implements Site Specpermitted use. Staff wilEstablishment is defined as the use of a premises for research, investigation, testing, or experimentation including laboratories; pilot plants; prototype production facilities; software developmeengineering services; and scientific, technological, or communications establishments. 3) Upon further consideration, in the proposed final zoning bywill revise the proposed COM zoning to apply the maximum gross floor area requireme4. Direction to implement both Class A and Class B bicycle parking, as well as shower and change facility requirements into the zoning byconclusions and recommendaOffare part of the necessary function of a Class A bicycle parking space, so it can be used for its intended purpose. Further, Zoning byare enforceable and provide a legal way of consistently managing land use and future development. Design guidelines encourage development in line with the vision established through the Urban Design Manual, while maintaining a level of flexibility and appropriate. Part of this comprehensive review involved evaluating current design guidelines, and in certain instances, staff recommends zoning to ensure consistency of application and to ensure that objectives and polici 2 - 2 the -- that 2 zone - 2 zone and - 2 zone and the - fic, technological or 4 with special provision - 2 zone be revised to include - conforming. - residential gross floor area of 10,000 - tions for Shower and Change Facilities is d developments does not recognize the use is subject to maximum total gross floor area of elated to office uses set out by Site Specific Policy rally support the list however they have the following site ) For parking regulations, the applicant believes that table 5 Comment Summary1) Subject lands are currently zoned MPlan and are subject to Specific Policy Area 27. Specific Policy Arepercent of the gross floor area and to a maximum Floor Space 2) Reviewed the permitted uses for the COMgenespecific concerns:zone, as the lands are presently used as a warehouse they request that warehouse be included as a permitted use sothe current use is not legal nonb. The uses established from Special Policy Area 27 and Special Use Provision 196U have not been carried forward in the final draft. however the10,000 sq. m which is not consistent with Special Policy Area 27 regulations. By their calculations, the existing zoning would permit approximately 38,000 sq. m of office. Requests that the regulations rArea 27 and Special Use Provision 196 U be maintainedelectronic and data processing businesses; research and development establishments and scienticommunications establishments, to a maximum FSR of 0.5. These uses are not permitted in the COMapplicant requests that the COMthese uses or that a special regulation is created to maintaincurrent permissions of the subject lands3) A maximum total nonsq. m significantly limits the redevelopment potential for large sites. Further application of this gross floor area cap for multiunit buildings anregulations established in the Site Specific Policy Area of the Official Plan as it would limit office uses with multiple tenants.4which includes regulaoverly prescriptive and would be more appropriate within the Urban Design Guidelines. Commenter Carol Wiebe, MHBC Planning 6 Shirley Avenue Written: May 7, 2018Oral: May 8, 2018 #31 1 - 23 law or - to permit computer, Corresponding Change in Final ByFurther Action Change:Site specific provision (156) proposed to apply to propertyelectronic, data processing, or serverestablishment; office; and, research and development establishment. specific - law. - comprehensive dustrial future expansions to such an. 2 to include uses not - bylaw reflect a public development - ty in the proposed final zoning by conforming use, but through the appropriate - Ontario Municipal Board. Zoning intended to rocess. The proposed Official Plan Amendment 2 zone implements the General In - the subject property is located along a planned transit corridor, staff Staff Response (provided in individual response letters) 1) Site specific policy area (15.D.12.3) in the Official Plan and siteprovision (105) in the proposed zoningapplication process and subsequent Ontario Municipal Board (OMB) hearing and settlement pas it relates to site specific policy area 15.D.12.3 is clarifying the intent of the policy and continues to implement what was agreed to on the subject zoning review process is not meant to replace private development applications. These applications go through a public process and are considered on their own merits. Therefore, staff will not apply site specific provision (105) to the properHowever, upon further review in consideration that an office use is an employment use (albeit not contemplated in the general industrial land use designation but in the business park employment designation) and that will recommend that a site specific provision be applied to the subject property to permit existing office and research and development establishments within the existing building. Anyexisting use would not be considered by means of the Committee of Adjustment as a legal nondevelopment review application process. 2) The proposed EMPthe range of uses in the proposed EMPcontemplated by the General Industrial Employment land use designation would not be in keeping with the Official Pl3) Staff acknowledge that the Official Plan is partially under appeal at the Ontario Municipal Board. It is understood that further modifications to the proposed zoning may be necessary pending resolution of matters related to the Official Plan at theimplement Official Plan policies under appeal will not come into effect until such time as corresponding Official Plan policies are in effect. - 2). In - 2), - law (April - law to - rive. includes an expanded list of permitted uses ts policies. al administrative office uses be applied to 277 Manitou proposed Business Industrial Employment Zone (EMP Comment Summary1) Site Specific Provision 105 in the draft Zoning By2018) has been proposed for the former Budd Automotive property, which within the General Industrial Employment Zone (EMPincluding scientific, technological or communications establishments. We request that Site Specific Provision 105 be applied to the property at 277 Manitou D2) Industrial administrative offices are only permitted in association with heavy repair operations, manufacturing, restoration, janitorial and/or security services, truck transport, the light of our request noted above with respect to the Official Plan Amendment and Site Specific Provision 105 of the Zoning Bylaw (April 2018), we request an expanded list of permissions for industriDrive.3) The City's new Official Plan is currently under appeal. Until such time as the new Official Plan is approved and in force, it may be premature to approve the new Zoning Byimplement i Second - Commenter Kristen Barisdale, GSP Group Inc. 277 Manitou Drive draft of CRoZBY Written: May 7, 2018 #32 1 - 24 law or - and, research and Corresponding Change in Final ByFurther Action Change:Site specific provision (156) proposed to apply to property to permit computer, electronic, data processing, or serverestablishment; office; development establishment. - - rial land agreed to on sion Hazard 2 to includes uses not - bylaw reflect a public - 2 zone implements the General - ay identifies that the property is merits. Therefore, staff will not apply site conforming use, but through the appropriate office and research and development - ation process and subsequent Ontario Municipal nt review application process. vincial legislation regarding industrial areas, the City has updated e and minimize property damage and social disruption; and, the Staff Response (provided in individual response letters) 1, 2, 3, 4) Site specific policy area (15.D.12.3) in the Official Plan and sitespecific provision (105) in the proposed zoningdevelopment applicBoard (OMB) hearing and settlement process. The proposed Official Plan Amendment as it relates to site specific policy area 15.D.12.3 is clarifying the intent of the policy and continues to implement what was comprehensive zoning review process is not meant to replace private development applications. These applications go through a public process and are considered on their ownspecific provision (105) to the property in the proposed final zoning bylaw. However, upon further review in consideration that an office use is an employment use (albeit not contemplated in the general industuse designation but in the business park employment designation) and that the subject property is located along a planned transit corridor, staff will recommend that a site specific provision be applied to the subject property to permit existing establishments within the existing building. Any future expansions to such existing use would not be considered by means of the Committee of Adjustment as a legal nondevelopme5) As indicated in previous correspondence, staff acknowledge that the existing industrial (M) zones and business park (B) zones currently permit a wide range of industrial and commercial uses. However, to align with new Proits Official Plan to permit only industrial and industrial related/supportive uses in these areas. The proposed EMPIndustrial Employment land use designatioBroadening the range of uses in the proposed EMPcontemplated by the General Industrial Employment land use designation would not be in keeping with the Official Plan. 6) The Slope Erosion Hazard overlregulated by the Grand River Conservation Authority and provides more transparency. The purpose of this overlay is to identify lands that are susceptible to slope erosion hazards and prevent the: injury or the loss of lifaggravation of existing hazards and the creation of new ones. The overlays highlights that a permit would be needed from the GRCA prior to the development within the boundaries of the Slope Erooverlay. This requirement is consistent with the current GRCA Regulated Area that applies to this portion of the property, and thus does not change how the land can currently be used.The overlay will remain on the property in order to comply wnatural hazards. 1). - party tobacco testing - o align with the boundary of the c provision 105 be applied to the f the source material used to identify the Manitou Drive is currently occupied by ses as identified for the former Budd Automotive Comment Summary1) The Property at 262 Labstat International, an independent thirdcompany that provides regulatory testing and research of tobacco products.2) Requests consideration be given to including the same list of permitted uproperty for 262 Manitou Drive through the same Official Plan Amendment.3) In addition, requests that research and development be added to the list of used for 262Manitou drive.4) Request that site specifisubject lands as it permits scientific, technical or communications establishments5) request an expanded list of permissions for industrial administrative office uses be applied to 262 Manitou Drive6) We request a copy oSlope Erosion Hazard overlay on the southeast portion of the Property. We also request that the Slope Erosion Hazard overlay as identified on the southeast portion of the Property at 262 Manitou Drive be reduced tadjacent Natural Heritage Conservation Zone (NHC Second - Commenter Kristen Barisdale, GSP Group Inc. 262 Manitou Drive draft of CRoZBY Written: May 7, 2018 #33 1 - 25 law or - law. - Corresponding Change in Final ByFurther Action No Change:Request for clarification provided in response rather than change to proposed zoning byChange:Revised the minimum parking requirement 40 square metres to 1 space per 120 square metres.No change:No change requested.Change: The zoning has been revised to reflect the current GRCA floodplain mapping. as a l revised Street Parking & - separately osed Zones is defined law, they are consistent - law released in April 2018 as a - zoning by wing further review, staff will revise the proposed parking ing any changes. comments previously submitted by the WCDSB and in Staff Response (provided in individual response letters) 1 and 2) 'Major Equipment Supply and Service' is listed permitted use in Table 10.1 of the EMP Zone because a 'Large Merchandise Retail' (which includes Major Equipment Supply and Service) use is not permitted in the proposed EMP zoning. Every use in all the Tables pertaining to permitted uses in the propto provide clarity.3) Thank you for your supportive commentbe a permitted use in the proposed Urban Growth Centre, Mixed Use and Institutional zones. This use was added as a permitted use in these zones in the final draft of the proposed zoning byresult ofrecognition that the Official Plan contemplates educational establishments and institutional uses in the Urban Growth Centre, Mixed Use and Institutional land use designations. The Commercial the IndustriaEmployment land use designations in the Official Plan do not contemplate in the corresponding COM zones and EMP zones would not be consistent with the Official Plan. 4 and 5) Follorequirement for adult education school to be consistent with the proposed parking requirements of secondary schoolsLoadingpractice review that generally Kitchener is oversupplying parking and could benefit from the reduction of existing minimum parking requirements. Therefore, this study recommended that new and rates be developed based on policy and demand. In the review of the current supply of parking at a selection of existing schools, staff noted that while the proposed minimum parking rates may be higher than the minimum parking rates in the current with, or less than the current supply of parking at school sites. Therefore, staff is of the opinion that the minimum parking requirements proposed more closely match parking requirements with demand and are not recommendNo formal response provided. Comments indicated support of proposed land use designation and zoning. The zoning will be revised to reflect the current GRCA floodplain mapping. - law Amendment. - - Francis campus and - t zones. supply and service use is include applied to adult education as well. en carried over for this property. t Applications.Anticipates they will receive a permit from GRCA in the future Comment Summary1) Lands are currently developed with a use that would be described as a Construction Equipment Supplier2) While Major Equipmentwithin the Large Merchandise Retail use permitted in the COM3 zone, for clarification purposes they request that it be added as its own permitted use.3) Confirm support for the Special Regulation Provisions that have be1) The adult education use is currently proposed to only be permitted within the Urban Growth Centre, Mixed Use and Institutional zones.2) Looking for a larger location for the Stbelieve the proposed zoning will ability to relocate its programming due to the added financial and time constraints for requiring a Zoning By3) Ask that the Adult Education Use be permitted in commercial zones and potentially some employmen4) Concerned with the proposed parking requirement for adult education as 1 space per 40 sq. m as many of their clientele use transit and as such the required parking is too high. 5) Asks that parking requirements applied for secondary schools be6) Confused with current parking requirement since it was their understanding that city staff wanted to reduce parking requirements for elementary and secondary schools.1) Are in support of the proposed Official Plan designation of Ac1)and a site alteration permit from the City of Kitchener has now been issued2) Ensure that the approved permits are reflected in the zoning May 7, Commenter David Aston , MHBC Planning 170 Victoria Street North Written: May 7, 2018Virina Elgawly , Waterloo Catholic District School Board (WCDSB) Written: May 7, 2018Sarah Code, GSP Group Inc. 507 Frederick Street, 40, 44, and 48 Becker Street Written: 2018Paul Britton, MHBC Planning #34353637, 105 1 - 26 nits law or - - , subject to the not law. - residential uses abut the façade for the - Corresponding Change in Final ByFurther Action Change: An ecological restoration area overlay is no longer applied on lands new zoning byRevised regulation 8.2 (1) so not applicable to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freestanding. Revised 8.2 (2) to clarify that dwelling u(including amenity areas and access) may be located on the ground floor provided that nonentire length of the façade, except for access. Change:Site specific provision (154) proposed to apply to property to permit computerelectronic, data processing, or serverestablishment; office; research and development establishment; and, health clinic - Plan bylaw reflect a public - in the general industrial land rocess is not meant to replace private policy area (15.D.12.3) in the Official Plan and site taff will recommend that a site specific provision be applied to Staff Response (provided in individual response letters) No formal response provided as lands were subject to Official Plan Appeal.1 and 2) Site specific specific provision (105) in the proposed zoningdevelopment application process and subsequent Ontario Municipal Board (OMB) hearing and settlement process. The proposed Official Amendment as it relates to site specific policy area 15.D.12.3 is clarifying the intent of the policy and continues to implement what was agreed to on comprehensive zoning review pdevelopment applications. These applications go through a public process and are considered on their own merits.3) Upon further review in consideration that an office use is an employment use (albeit not contemplateduse designation but in the business park employment designation) and that the subject property is located along a planned transit corridor and the vision of the Official Plan is to achieve a complete and healthy Kitchener, sthe subject property to permit existing office, research and development 1 - Natural - NHF and limits isions that have on 373U, which n overlay. The overlay toration Overlay. As the Map 6al features and areas that are law prohibits cluster townhouses and - osed zoning make a provision which allow s from fronting a street and require mixed use west Kitchener lands have been added to the Urban - endment. Comment Summarylimits3) Confirm support for the site specific provbeen recommended for this property1) Already undergone EIS which established the of development for these subdivisions. Given these completed studies they request that the overlay be removed for these two subdivisions.2) River Ridge Subdivision also underwent extensive studies and is subject to the ecological restoratioaffects the registered stage 5 and conveyable lots and they request that it be removed. 3) SouthArea Boundary, these lands are not proposed to be rezoned but have the Ecological ResHeritage System of the Official Plan is under appeal, applicant does not believe that s.34 (103.2 of the Planning Act permits the zoning of an Ecological Restoration Area as it does not fall within the range of naturreferenced in that section. Requests that the overlay does not apply to this property.4) Stauffer Woods Subdivision is proposed to be zoned MIXand the draft Zoning Bymultiple dwellingbuildings. However mixed use policies in the Official Plan do not require mixed use buildings. Since previous zoning allowed for cluster and street house dwellings and multiple dwellings, request that the propfor these uses and allow them to front the street. 1) Request the same list of permitted uses as identified for the former Budd Automotive property for 148 Manitou Drive (Manitou Professional Centre) by applied to 148 Manitou Drive (Manitou Professional Centre) through the same Official Plan Am2) Request that Site Specific Provision 105 be applied to the property at 148 Manitou Drive, with emphasis on permissions for health offices and scientific, technological or communications establishments;3) Request that Special Regulation Provisipermits 100% of the gross floor area of the building be used for office space, be maintained for 148 Manitou Drive. The permissions for 100% office space were fundamental to the purchase and related renovation plans of Orbit Holdings Limitedfor 148 Manitou Drive.4) Request that the Special Use Provision 34U, which permits a restaurant, be maintained for 148 Manitou Drive as part of May 7, west - 08204)08203)04210) --- Commenter 525 New Dundee Road Oral: April 30, 2018Written: May 7, 2018Pierre J. Chauvin, MHBC Planning Trussler Subdivision (30TStauffer Woods Subdivision (30TRiver Ridge Subdivision (30TSouthKitchener lands (North of New Dundee Road and west of Reidel Drive) Written: May 7, 2018Kristen Barisdale, GSP Group Inc. 148 Manitou Drive Written: 2018 #3839 1 - 27 law or ermit - Corresponding Change in Final ByFurther Action No change:No change requestedNo change:No change requestedChange:Proposed zoning on property consistent with the Official Plan.Consistent with existing provision 1R, the flood hazard overlay highlight that a pwould be needed from the GRCA prior to development within the boundaries of the Flooding Hazard overlay. 2 subject to 10.2 - conforming use, - , 2019 th stitute a conversion of Board. Zoning intended to f Special Use Provision 373U. employment use. Accordingly, it is - lands were subject to Official Plan egional Municipal Comprehensive Review and a permitted use in the proposed EMP wledge that the Official Plan is partially under appeal at the Staff Response (provided in individual response letters) establishment and health clinics within the existing building, effectively carrying forward the existing permissions oAny future expansions to the existing use would not be considered by means of the Committee of Adjustment as a legal nonbut through the appropriate development review application process. 4) A restaurant is(3).5) A pharmacy is considered to be a retail use and therefore, as per Official Plan Policy 15.D.6.6, is a nonstaff's opinion that adding a retail use would conemployment lands and that is not within the scope of CRoZBy nor permitted to be considered by Kitchener Council outside of a Regional Municipal Comprehensive Review. The Region of Waterloo is in the initial stages of undertaking a Ran employment strategy and assessment of lands will be completed as part of this. Please contact Regional Planning Staff for consideration of a conversion and to be involved in the review process. 6) Staff acknoOntario Municipal Board. It is understood that further modifications to the proposed zoning may be necessary pending resolution of matters related to the Official Plan at the Ontario Municipal implement Official Plan policies under appeal will not come into effect until such time as corresponding Official Plan policies are in effect. No formal response provided. Indicated support for proposed zoning. No formal response provided. Indicated support for proposed zoning. No formal response provided as Appeal.Additional stakeholder meeting took place Feb 8 - 1 Zone is - law given 01. law to - - - Employment law 2015 - ich is now shown on the of Zoning By 01. - part of the amending zoning by law number 878A wh - 4) identified for 56 Trillium Park Place.4) identified for 56 Trillium Park Place. -- law 2015 - Support the proposed Service Business Park Employment Comment SummaryZoning By5) Request that permissions for a pharmacy be considered for 148 Manitou Drive as part 6) The City's new Official Plan is currently under appeal. Until such time as the new Official Plan is approved and in force, it may be premature to approve the new Zoning Byimplement its policies.1) Support the proposed Service Business Park Zone (EMP1) Zone (EMP1) Asks for staff to amend the Zoning Grid Schedule to reflect the residential zone which has been approved, rather than the reference to Byzoning schedule2) Asks for staff to verify that the extent of the NHCconsistent with the zoning schedule of the attached zoning bylaw. 3) Asks staff to consider the necessity of including flooding and slope overlays asGRCA regulations which exist. - 299 Trillium - Hallman Commenter Kristen Barisdale, GSP Group Inc. 56 Trillium Park Place Written: May 7, 2018Kristen Barisdale, GSP Group Inc. 269Drive Written: May 7, 2018Paul Britton, MHBC Planning Multiple Residential Site -Construction Limited Strasburg Road #404142 1 - 28 law or - law amendment - sion (156) proposed to Corresponding Change in Final ByFurther Action Revised to allow mapping errors to be corrected as technical revisions and without a new for a zoning byChange:Site specific proviapply to property to permit computer, electronic, data processing, or serverestablishment; office; and, research and development establishment. - finition provision 3 zone. - within the storage warehouses, - existing industrial (M) sment of lands will be not include a truck transport terminal. ough the appropriate development review ot contemplated in the general industrial land only industrial employment and industrial mmercial uses are proposed to no longer be permitted in the conforming use, but thr - f CRoZBy nor permitted to be considered by Kitchener Council outside of Staff Response (provided in individual response letters) 1) As indicated in previous correspondence, the zones and business park (B) zones currently permit a wide range of industrial and commercial uses. To align with updated Provincial legislation regarding industrial employment areas, the City has updated its Official Plan to permit employment related/supportive uses in these areas. Industrial Employment Areas are not intended for institutional uses or destinationoriented commercial and retail uses. Accordingly, many institutional and most coimplementing EMP zoning. For further clarity, please note that Wholesaling has been incorporated into that use. The proposed deand/or distribution of goods and may include selfand facilities for wholesaling of goods otherwise stored or manufactured within the building, but shall2) It is staff's opinion that broadening the range of permitted uses the proposed EMP zoning to include commercial uses would constitute a conversion of industrial employment lands and that is not within the scope oa Regional Municipal Comprehensive Review. The Region of Waterloo is in the initial stages of undertaking a Regional Municipal Comprehensive Review and an employment strategy and assescompleted as part of this. Please contact Regional Planning Staff for consideration of a conversion and to be involved in the review process. 3) Upon further review in consideration that an office use is an employment use (albeit nuse designation but in the business park employment designation) and that the subject properties are generally located within 450 metres of a planned transit corridor, staff will recommend that a site specificbe applied to the subject properties to permit existing officesexisting building. Any future expansions to the existing office use would not be considered by means of the Committee of Adjustment as a legal nonapplication process. 4) Staff is of the opinion that the subject lands do not meet the location criteria to be designated Business Park Employment as per Official Plan Policy 15.D.6.29. 2 - ese uses would render a number of conforming and impact the usability of the - parking facility 1 Zone can be interpreted consistent with any permit that - . Wholesaling Comment Summary4) Ask that the City considers clarifying that the extent of the NHCmay be issued by GRCA.1) Support a number of the proposed uses within the EMPzone, however note a number of uses are no longer permitted:a. Commercial b. Commercial recreationc. Computer, electronic and data processing businessd. Health clinice. Health officef. Officeg. Private club or lodge, union hallh. Surveying, planning, engineering or design businessi. Veterinary servicesj2) Gage Avenue has become an ideal service area as it is surrounded on all sides by residential development. As such they believe that a number of the proposed uses to be removed are appropriate in this location. 3) Additionally, removing ththe offices legal nonbuildings. 4) The Business Park Employment designation offers a more suitable range of uses for these lands Commenter Written: May 7, 2018Carol Wiebe/Andrea Sinclair, MHBC Planning 259, 275, 300 & 335 Gage Avenue Written: May 7, 2018Oral: May 8, 2018 #43 1 - 29 t law or - server Corresponding Change in Final ByFurther Action No change:Confirmed that change requesting was nonecessary as per proposed site specific provision (78)Change:Site specific provision (154) proposed to apply to property to permit computer, electronic, data processing, orestablishment; office; research and development establishment; and, health clinic. - be , upon property and was 4 would not be - cation process. conforming use, but - 5 does not permit office. Site - ect properties are generally rrently permit a wide range of Park Employment and EMP ed to be considered by Kitchener Council outside of /supportive uses in these areas. Industrial 2 (General Industrial Employment). The uses proposed within - d General Industrial Employment and as such is proposed to be 2 zone align with the permitted uses contemplated in the - thin the existing building. Any future expansions to the existing research Staff Response (provided in individual response letters) 1 and 2) You are correct that proposed EMPspecific provision (78) is proposed to be applied to thisincluded in the final draft tabled in April 2018. This provision allows office. This site specific provision is proposed to implement Site Specific Policy 15.D.12.9 in the Official Plan. 1) As indicated in previous correspondence, the existing industrial (M) zones and business park (B) zones cuindustrial and commercial uses. To align with updated Provincial legislation regarding industrial employment areas, the City has updated its Official Plan to permit only industrial employment and industrial employment relatedEmployment Areas are not intended for institutional uses or destinationoriented commercial and retail uses. Accordingly, many institutional and most commercial uses are proposed to no longer be permitted in the implementing EMP zoning. 2, 3 and 4) Staff is of the opinion that the subject lands do not meet the location criteria to be designated Business Park Employment as per Official Plan Policy 15.D.6.29. Therefore, changing the land use designation to Businessconsistent with the Official Plan. Each EMP zone has a range of appropriate industrial and related accessory uses which collectively provide a full range of industrial uses across the City. This property is designatezoned EMPthe EMPGeneral Industrial Employment land use designation. Howeverfurther review in consideration that an office/research and development establishment use is an employment use (albeit not contemplated in the general industrial land use designation but in the business park employment designation) and that the subjlocated within 450 metres of a planned transit corridor along Ottawa St S, staff will recommend that a site specific provision be applied to the subject properties to permit existing 'research and development establishments' wiand development establishment use would not be considered by means of the Committee of Adjustment as a legal nonthrough the appropriate development review appli5) It is staff's opinion that broadening the range of permitted uses in the proposed EMP zoning to include commercial uses would constitute a conversion of industrial employment lands and that is not within the scope of CRoZBy nor permitta Regional Municipal Comprehensive Review. The Region of Waterloo is in the initial stages of undertaking a Regional Municipal Comprehensive Review and an employment strategy and assessment of lands will 4 - nt employment e 2 allowable industries - 4 has 34 allowable uses and over - 4 zone. - - 2 zone limits the potential uses for future land - 2 has 21 allowable uses and less than 50% are realistic - conforming as it removes past uses that were allowed on - This change in use would make the current office use legal ficult to accommodate and would require a zone change and Comment Summary1) Proposed EMPpermitted use on these lands which is a major concern since plan process.2) Requests that the lands be put into a differe1) New EMPowners due to building design2) nonthe property3) Buildings on the subject lands do not have tall ceilings or garage door access making most EMPdifcould trigger site plan approval4) EMPfor the site. Whereas EMP70% of these uses are realistic for the sit5) Request that these lands be reconsidered and zoned EMPor given a special policy which includes many of the uses allowed in the EMP May 8, Commenter David Aston , MHBC Planning 526 Lancaster Street West Written: May 8, 2018Oral: 2018Andrew Head, Dryden, Smith & Head Planning Consultants Ltd. 10 Alpine Court Written: May 8, 2018 #4445 1 - 30 law or - 3 zoning from subject lands. - Change: Corresponding Change in Final ByFurther Action Change:Amending land use designation in Official Plan fromRemoved MIXNoConfirmed that existing buildings are outside of the Ecological Restoration Area Overlay. - l be subject to an agreed to add a site by staff, we have for institutional uses or 3 was revised to add 'Major - 3 zone on the surface - ted use as it was deemed it 3 zoning would not be consistent with - law, the EMP - s. arge business machines; and commercial vehicles. oriented commercial and retail uses. Accordingly, many pment establishment) given that this is the current use of the - permitted use in the EMP pdated Provincial legislation regarding industrial employment areas, Staff Response (provided in individual response letters) completed as part of this. Please contact Regional Planning Staff for consideration of a conversion and to be involved in the review process. Additional stakeholder meeting took place Feb 6, 2019Following further consideration and discussion, staff specific provision on the property to allow a health clinic (given that is was a use recently on the property) and office (and related form of office computer, electronic, data processing, or server establishment; research and developroperty and that the property is located within 450 of transit corridor.Thank you for the comment. Upon further reviewconfirmed that continuing to include the MIXparking (eastern portion of the subject lands) was a mapping error. This will be corrected in the final draft.1 and 2) The existing industrial (M) zones and business park (B) zones currently permit a wide range of industrial and commercial uses. To align with uthe City has updated its Official Plan to permit only industrial employment and industrial employment related/supportive uses in these areas. Industrial Employment Areas are not intended destinationinstitutional and most commercial uses are proposed to no longer be detailing and repair operatioemployment use as per the Heavy Industrial Employment land use uses as athe Official Plan. However, staff note that from the first draft to the final draft of the proposed zoning byEquipment Supply and Service' as a permitwas an appropriate use in implementing the Heavy Industrial Employment land use designation. 'Major Equipment Supply and Service' is defined as the use of a premises for the service, repair, and sale of farm, construction, and l3) The intent of ecological restoration areas overlay is to identify lands that have the potential to have their ecological functions restored. The overlay serves as a notice that those lands identified wilEnvironmental Impact Study or other appropriate study prior to development (vacant sites), redevelopment (of all or part of existing developed sites), or site alteration (vacant or developed sites) as per the This overlay will remain on the property in order to comply with the ervice, 3 zone. 3 zone. - - law. vised to - 4 zone on the property law be revised to remove - - storage or repair of motor staff confirm that none of the existing buildings 3 zoning of the eastern portion of the subject lands - Comment Summary1) Concerned since draft OPA recommends designating the but the eastern portion of the lands developed as surface 2) Request that schedule d of the draft OPA be re3) Request that the final Zoning Bythe MIX1) Concerned since the previous Mallowed the sale, rental, service, vehicle, major recreational equipment and parts and accessories for motor vehicles or major recreational vehicles. These uses are not permitted in the proposed EMP2) Request that staff consider adding the sale, rental, sstorage or repair of motor vehicle, major recreational equipment and parts and accessories for motor vehicles or major recreational vehicles as a permitted use in the EMP3) Concerned since portions of the subject lands have mostly characterized by landscaped and parking area. Request that staff consider that this overlay would only be triggered where development would relate to works specifically within the overlay.4) Request that 7 Rittenhouse - Commenter David Aston , MHBC Planning 5Road Written: May 8, 2018David Aston , MHBC Planning 49 Overland Drive Written: May 8, 2018 #4647 1 - 31 1 - main law or - 1 zoning will re - law 85 - Corresponding Change in Final ByFurther Action Change: Slope erosion hazard overlay and NHCzoning no longer applied to subject lands. The existing Byon the property. Future Action: In a future phase of CRoZBy, residential zoning will be applied to the subject lands. No change:No change requested 1 zoning and slope erosion - ng shown on the map is outside 1 zoning will remain. Residential zoning will be applied - law 85 - Staff Response (provided in individual response letters) 4) The extent of the Ecological Restoration Area is depicted on the map below (using 2017 air photo). The buildithe Ecological Restoration Area.Staff will no longer be proposing that NHChazard overlay be applied to the subject lands. Accordingly, the existing Zoning Byto the subject lands in a future phase of CRoZBy. No formal response provided. Comments indicate support for proposed zoning. these lands and 3 with Special Use - graded within Grading - law as it relates to - ting subdivision (e.g. R the City and the GRCA that support the overall 1 within a slope erosion hazard overlay identified. - Concerned that a small area of the subject lands remains Comment Summary1) zoned NHC2) These lands have been previously prePlans approved by the GRCA and studies have been completed and approved by grading of these lands.through a pending consent application.4) Request that City rezone lands to similar residential zoning category as the abutProvision 235U and Special Regulation Provision 1R, 230R and 260R).1) Support the proposed bysite specific provisions (78) and (79).2) Ask to be notified of any further changes as it relates to the subject property Commenter Pierre J. Chauvin, MHBC Planning Deer Ridge Estates Written: May 8, 2018Andrea Sinclair, MHBC Planning 675 Riverbend Drive Written: May 8, 2018 #4849 1 - 32 law or - health clinic rmit a in accordance with the building Corresponding Change in Final ByFurther Action Change:Site specific provision (157) proposed to apply to property to pewithin the approved in principle site plan dated August 16, 2018. o thin the scope of rough the appropriate 1 zone. However, t - ial uses and has removed (2014) a health office has not . 1 zone implements policy - staff will recommend that a site trategy and assessment of lands will be l and related accessory uses which conforming use, but th - be applied to the subject property to permit the existing signation. Staff is of the opininon that the subject lands do not 1. This zone includes existing resident - lation regarding industrial areas, the City has updated its Official Plan ertain industrial areas within the City have developed over time with a Staff Response (provided in individual response letters) 1, 2, 3, 4 , 5) As indicated in previous correspondence, the existing industrial (M) zones and business park (B) zones currently permit a wide range of industrial and commercial uses. To align with new Provincial legisto permit only industrial and industrial related/supportive uses in these areas. Accordingly, new residential, institutional, and most commercial uses will no longer be permitted.Cmix of residential and industrial uses. The Lawrence Avenue area is one of these areas and as such staff recommended that this area be zoned EMPcertain industrial uses that may present conflicts by being in close proximity to residential uses. The EMP15.D.6.22 of the Official Plan (2014). Each proposed EMP zone has a range of appropriate industriacollectively provide a full range of industrial uses across the City.Service commercial uses, which a health office would be considered, are contemplated as permitted uses within the Business Park Employment land use demeet the location criteria to be designated Business Park Employment as per Official Plan Policy 15.D.6.29. As this property is designated General Industrial Employment in the Official Plan been included as a permitted use in the EMPrecognize the existing use and acknowledging the Official Plan's vision for a Complete and Healthy Kitchener,specific provisionhealth office in the existing building. Any future expansions to the existing health office use would not be considered by means of the Committee of Adjustment as a legal nondevelopment review application process6 and 7) Changing the land use designation of the subject lands and surrounding area to a Commercial Land use designation would constitute a conversion of employment lands and that is not wiCRoZBy nor permitted to be considered by Kitchener Council outside of a Regional Municipal Comprehensive Review. The Region of Waterloo is in the initial stages of undertaking a Regional Municipal Comprehensive Review and an employment scompleted as part of this. Please contact Regional Planning Staff for consideration of a conversion and to be involved in the review process. mall 1 but this - ntial (sensitive) 1 zoning. - th the surrounding residential uses. law. as recently submitted a site plan application to - e to the area. This should be considered for the full Comment Summary1) The subject lands are proposed to be zoned EMPzone does not permit a Health Office or Office use which was permitted in the previous M2) Concerned since there is an existing health office that exists on the property. 3) Client hexpand their dental office and they are concerned that they are making significant investments only to have the use not recognized going forward. 4) In their opinion, the Official Plan Policies related to soffices could be interpreted to recognize the existing use in the Zoning By5) Request that the City consider broadening the range of permitted uses for the subject lands, in recognition of their context and in particular, the proximity of resideuses to include the previously permitted uses listed above.6) There is an opportunity through the Companion Official Plan Amendment to explore a different employment land use designation that would allow some additional uses more suitablextent of Lawrence Avenue currently designated Industrial.7) Believe that the Business Park Employment or Commercial designation offers a more suitable range of uses that are less likely to conflict wi 324 - Commenter Andrea Sinclair, MHBC Planning 322Lawrence Avenue Written: May 8, 2018Oral: May 8, 2018 #50 1 - 33 law or - ing of the property will be reviewed in Corresponding Change in Final ByFurther Action Further Action:Zonfuture phase of CRoZByChange:Revised COM zoning so that all the regulations of all COM zones contained in Table 9.2 are not applicable to existing buildings and structures.Site specific provision (137) applied to subject property. y w, in ions and Street Parking - law after the - law was adopted - law is similar to the ties in Kitchener, the - occupancy vehicle trips. The law is adopted and comes in - - graphy, and why the difference law. on; interpretation; definitions; law is in effect, all regulations, - - residential zones, that need to be in o the subject property to stipulate residential is adopted. Staff also note - -ajor influence on travel patterns and law. - 2 zone. Therefore the use will not become legal - inues to be a permitted use in the proposed law to apply t - law and not the general sections (Sections 1 - residential zones as well as Sections 1 through 5 that - law would still be in effect and would be applicable to 1 when the new zoning by -- - 5 residential zones were added. For clarification, until such - law 8 law. Further, lands that continue to retain existing zoning from law. Once the new zoning by - -- conforming as it cont - ncourage an efficient, dense and walkable built form. Consideration of hrough several amendments beginning in 1985, and the existing Staff Response (provided in individual response letters) 1,2,3) Staff acknowledge and understand that there are challenges with adding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administratigeneral regulations; and, parking, loading and stacking. Accordingly, the final draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate onlto residential zones and intend to add these in with the amendment that adds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including place at the time the zoning for nonthat the approach to adopting the new zoning byexisting zoning bytresidential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all properexisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the general sections (Section 1 through 6) of the existing zoning bythrough 5) of the new zoning by1, 2 and 3) Staff confirm that a fitness centre is proposed to be a permitted use in the COMnonzoning byunless otherwise stipulated, will apply to any development (i.e. additions, expansions, redevelopment) on the property. Upon further revierecognition that the property has undergone a development application and approval process in recent years that evaluated the site and determined the appropriate site layout, staff will propose a site specific provision in the final bythat no minimum front yard setback be required and that the total landscaped area shall be equal to or greater than the landscaped area existing on the date of passing of this By4. The provision of parking has a mbehaviour, including mode choice and singledecision to establish parking maximum rates to all geographies in the city is to encourage modal shift to other forms of transportation, and to eparking maximums in the Zoning ByPlanning Around Rapid Transit (PARTS) Transportation Demand Management (TDM) Strategy, and supported by the conclusrecommendations from the Comprehensive Review of Off& Loading Regulations. Staff recognizes there is a distinction between parking demand in suburban and urban contexts; this is why minimum parking rates are proposed to vary by geo the 5 of the law -- propose to law proposes to - specific Zoning to - law does not - that the City revisit the 2 which does not reflect the king any decisions on general - law would affect the Subject - zoned. However, aspects of the - law (particularly sections 1forming. - con - law) until a complete zoning by - law. - arking regulations. Comment Summary1) The April 2018 draft New Zoning Bychange the existing zoning of the Subject Lands, because the Site is currently residentiallyApril 2018 draft New Zoning ByLands, including general provisions such as definitions and p2) Submitted comments to express concerns with the introduction of new zoning definitions and general regulations (such as parking regulations) without releasing recommended zoning for the Subject Lands.3) Request that Council defer masections of the Zoning ByApril 2018 Zoning By(including Residential Zone categories) is available.1) The subject lands are currently used for Goodlife Fitness. The use and building were legally established throughapproved Site Plan Application SP10/023/M/LT.2) Concerned since the proposed Zoning Byrezone the subject lands to COMSite Plan Application SP/10/023/M/LT. This would render the existing use legal non3) Request that the City incorporate sitelegalize the existing use and building prior to the approval of the new Zoning By4) Additionally, the applicant is concerned with the introduction of parking maximums and request proposed new regulations as they pertain to the Subject Lands. Commenter Chris Pidgeon, GSP Group Inc. 195Commonwealth Street Written: May 8, 2018Chris Pidgeon, GSP Group Inc. 315 Max Becker Drive Written: May 8, 2018 #5152 1 - 34 law or - place). ) 2. - law and the minimum rate is structures. - 3 to COM - unit parking rate has been added to - and 4.5m rather than entire ground 3, there by requiring a minimum of 50% - Corresponding Change in Final ByFurther Action Change: As per landowners request, proposed that Official Plan be amended to change the land use designation on 325 Max Becker Drive As per landowners request, changing the proposed zoning of 325 Max Becker Drive from MIXRevised COM zoning so that all the regulations of all COM zones contained in Table 9.2 are not applicable to existing buildings and Increased the maximum distance between façade openings from 4 m to 8 mReduced the minimum percent of ground floor façade openings from 70% to 50% for MIXfor all MIX zones. Revised 'strike zone' to 0.5mfloor façadeRevised the electric parking requirements so that 5 percent of the parking spaces are required to be electric vehicle spaces (i.e. charging station) and 15 percent must be EV ready (i.e. have the conduit inA multithe zoning by1/35 GFA and the maximum rate is 1/24 GFA. Increased the maximum parking for retail uses to 1 space per 24 square metres in all zones (Other than UGC and MIX law will be - , 2019 law to recommend a - th tween façade openings similar to the current zoning will propose for the subject lands law will include an aggregated parking - law is pending. - d by 5.7 a), the number of existing parking spaces shall increase the maximum parking for retail uses to 1 space per vehicle spaces (i.e. charging station) and 15 percent must be ed OPA as required to implement zoning. It is expected that rm that the staff will recommend that the lands that make up ty owner it was requested that consideration of new zoning to be 2. - initiat - square metres. The maximum parking rates in the final by - Staff Response (provided in individual response letters) between a parking minimum and parking maximum is proposed to vary by geography. Staff note that in accordance with proposed 5.7.d), if the existing parking spaces on a lot exceeds the maximum number of parking spaces permittebe the maximum number of parking spaces.Response to May 4, 2018 SubmissionStaff note that in the written and oral submissions made on behalf of the properapplied to the subject lands be deferred until such time as the Official Plan appeals are resolved. Accordingly, a staff response to your submission and confirmation of the zoning that staff in the final Zoning ByAdditional stakeholder meeting took place Feb 8Response to Feb 22, 2019 Submission1) Staff will revise so that 5 percent of the parking spaces are required to be electricEV ready (i.e. have the conduit in place). If 19 or fewer parking spaces requirement will be rounded down in zoning.2) ConfiWilliamsburg Town Centre all be designed Commercial and all be zoned COM3) Staff will be recommending that the façade opening requirement in all MIX zones be 50%. Furthermore, the distance bewill be increased from 4m to 8m in MIX zones to allow for flexibility on larger sites.4) Staff will 24 square metres (27 in MIX zones), with the minimum being 1 space per 33expressed as a fixed rate per GFA rather than as a percentage.It is further noted that the final byrate for properties with multiple units/uses (byper 35 square metres and a maximum of 1 space per 24 square metres. Citysimilar practice will be applied in Rosenberg. 3, - 2. - the Site MIX idential and conforming which - ffice building but the changes in tenancy and 40% of ground floor - specific Zoning to legalize - residential use relating to - c vehicle parking spaces. law being drafted to implement - il is too low. Request increase to law proposes to rezone - ovisions non requirement of 30% io Municipal Board appeal. residential uses on the Site; equest that the pr bility to achieve overall excellence in building design. The - Comment SummaryMay 8, 20181) Draft New Zoning Bywhich has been drafted to implement the Community Node and Mixed Use policies of the New Official Plan.2) Concerned with a zoning bypolicies of an Official Plan that are currently subject to an ongoing Ontar3) Request that Council defer further consideration of the MIX zones until such time as the OMB appeals pertaining to the Mixed Use designation and Community Node policies are resolved.4) Subject lands are currently used as an oproposed zone would make the use legal nondoes not reflect their previous site plan application approvals. 5) Request that City incorporate sitethe existing use / building and allow forbuilding expansion.6) Concerned with the following regulations as they are more restrictive than the current zoning:a. Min building height of 11 m and 3 storeys;b. Min FSR of 0.6;c. New regulations that require the mixing of resnond. New ground floor facade regulations, particularly the 70% minimum glazing requirement and maximum spacing of 4 m between openings; e. Introduction of parking maximums.Feb 22, 20191) RElectric Vehicle parking be the same as residential use to require 20% of parking spaces to be designed to permit the future installation of electric vehicle supply equipment rather than requiring them to be electri2) Request that lands that make up Williamsburg Town Centre all be designed Commercial and all be zoned COM3) Maintain that afaçade openings would provide more reasonable level of flexiproposed regulations to achieve 50 to 70% openings are too high, too restrictive and very difficult to achieve.4) The proposed maximum parking requirement of 130% of minimum requirement for reta140%. Commenter Chris Pidgeon, Sarah Code, GSP Group Inc. 325 Max Becker Drive Written: May 8, 2018Further correspondence received: Feb 22, 2019 #53 1 - 35 law or - ludes a residential - tance between 2. - ng of 325 Max Becker Drive 3 to COM - 3, there by requiring a minimum of 50% - oor façade Corresponding Change in Final ByFurther Action Change: As per landowners request, proposed that Official Plan be amended to change the land use designation on 325 Max Becker Drive As per landowners request, changing the proposed zonifrom MIXRevised COM and MIX zoning so that all the regulations of all COM zones and MIX zones contained in Table 9.2 and Table 10.2 are not applicable to existing buildings and structures.Increased the maximum disfaçade openings from 4 m to 8 mReduced the minimum percent of ground floor façade openings from 70% to 50% for MIXfor all MIX zones. Revised 'strike zone' to 0.5m and 4.5m rather than entire ground flRegulation added to allow ability to incrementally achieve minimum Floor Space Ratio, minimum percent of nongross floor area and minimum percent of residential gross floor area where there is an approved Urban Design Brief that incMaster Site Plan n , 2019 th law is pending. - o Feb 22, 2019 Submission Staff Response (provided in individual response letters) Response to May 4, 2018 SubmissionStaff note that in the written and oral submissions made on behalf of the property owner it was requested that consideration of new zoning to be applied to the subject lands be deferred until such time as the Official Plaappeals are resolved. Accordingly, a staff response to your submission and confirmation of the zoning that staff will propose for the subject lands in the final Zoning ByAdditional stakeholder meeting took place Feb 8Response tSee #53 2 - law that - 3 and COM - conforming. - specific Zoning to legalize the law would render the existing - - law zones a portion of the subject lands - ldings and allow for changes in tenancy and residential uses on the Site; - The proposed Zoning By New regulations that require the mixing of residential and Comment Summary5) Assume may be Companion Official Plan Amendment at time consider zoning for Rosenberg to align.1) Proposed Zoning Bylocated along the interior private driveway as MIXon the remainder of the subject lands.2) buildings and their respective uses legal non3) Request that prior to approval of the new Zoning ByCity Council incorporate siteexisting uses / buifurther commercial intensification of the Site4) Concerned with the following regulations as they are more restrictive than the current zoning:a. Min building height of 11 m and 3 storeys;b. Min FSR of 0.6;c.nond. New ground floor facade regulations, particularly the 70% minimum glazing requirement and maximum spacing of 4 m between openings; Feb 22, 2019See #53 Commenter Chris Pidgeon, GSP Group Inc. 1187 Fischer Hallman Road Written: May 8, 2018 #54 1 - 36 law or - RoZBy Corresponding Change in Final ByFurther Action Change: Changed the site specific on the property from (39) to (38)Further Action:Zoning of the property will be reviewed in future phase of C law and - er, the by Street Parking law. - - law after the - law was adopted s, that need to be in - retation; definitions; law is similar to the - ortation Demand occupancy vehicle trips. The law is adopted and comes in - - contexts; this is why minimum residential is adopted. Staff also note - - w zoning by residential zones as well as Sections 1 through 5 that - law would still be in effect and would be applicable to 1 when the ne -- - amendments beginning in 1985, and the existing g spaces on a lot exceeds the maximum number of parking residential zones were added. For clarification, until such - ff acknowledge and understand that there are challenges with zones and intend to add these in with the amendment that law 85 law. Further, lands that continue to retain existing zoning from - - law and not Sections 1 through 5 of the new zoning by - Staff Response (provided in individual response letters) 1, 2, and 3) Staff confirm that the incorrect site specific provision number was included on the subject property in the final draft zoning will revise accordingly.4) The provision of parking has a major influence on travel patterns and behaviour, including mode choice and singledecision to establish parking maximum rates to all geographies in the cityis to encourage modal shift to other forms of transportation, and to encourage an efficient, dense and walkable built form. Consideration of parking maximums in the Zoning ByPlanning Around Rapid Transit (PARTS) TranspManagement (TDM) Strategy, and supported by the conclusions and recommendations from the Comprehensive Review of Off& Loading Regulations. Staff recognizes there is a distinction between parking demand in suburban and urban parking rates are proposed to vary by geography, and why the difference between a parking minimum and parking maximum is proposed to vary by geography. Staff note that in accordance with proposed 5.7.d), if the existing parkinspaces permitted by 5.7 a), the number of existing parking spaces shall be the maximum number of parking spaces.1) At this time, it is anticipated that staff will begin a comprehensive review of the zoning of lands within the Rosenberg Secondary Plan once the Official Plan.2 and 3) Staadding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administration; interpgeneral regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only to residentialadds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including residential zoneplace at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough several residential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all properties in Kitchenexisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by law - is law - error in mapping and law until a complete Zoning by - law does not propose to change the existing - th some of the regulations contained in the law including the introduction of parking - regulations without releasing the recommended zoning for Comment Summary1) Concerned since contents of Special Provision 39 does not appear to be applicable to the subject lands. 2) Appears that there may have been an that special provision 38 should apply to the subject lands.3) Request that Schedules 92 and 93 of the New Zoning Bybe amended to refer to special provision 38 rather than special provision 39 on the subject lands4) Concerned wiDraft Zoning Bymaximums.1) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of new zoning definitions andthe subject lands.3) Request that council defer making any decisions on general sections of the Zoning By(including zoning for the Rosenberg Secondary Plan area) available. Commenter Chris Pidgeon, GSP Group Inc. 1188 Fischer Hallman Road Written: May 8, 2018Chris Pidgeon,GSP Group Inc. 1193 Fischer Hallman Road Written: May 8, 2018 #5556 1 - 37 law or - viewed in Corresponding Change in Final ByFurther Action Further Action:Zoning of the property will be refuture phase of CRoZBy as adopted law. relate only to - law after the - law w - law is similar to the - law is adopted and comes in - o all properties in Kitchener, the residential is adopted. Staff also note - including residential zones, that need to be in and administration; interpretation; definitions; residential zones as well as Sections 1 through 5 that - law would still be in effect and would be applicable to 1 when the new zoning by -- - residential zones were added. For clarification, until such - law 85 law. Further, lands that continue to retain existing zoning from - - ing By law and not Sections 1 through 5 of the new zoning by - Staff Response (provided in individual response letters) 1) At this time, it is anticipated that staff will begin a comprehensive review of the zoning of lands within the Rosenberg Secondary Plan once the Official Plan.2 and 3) Staff acknowledge and understand that there are challenges with adding the new residential zoning to the new zoning byadoption of the nonpertain to general scopegeneral regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 thatresidential zones and intend to add these in with the amendment that adds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones,place at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough several amendments beginning in 1985, and the existing residential zoning was added through an amendment several years later after the nontime as the new zoning is applicable texisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZonto effect, will be subject to the Section 1 through 6 of the existing zoning by law - new zoning definitions enberg Secondary Plan area) is law until a complete Zoning by - law does not propose to change the existing - Comment Summary1) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of and regulations without releasing the recommended zoning for the subject lands.3) Request that council defer making any decisions on general sections of the Zoning By(including zoning for the Rosavailable 1205 - Commenter Chris Pidgeon, GSP Group Inc. 1201Fischer Hallman Road Written: May 8, 2018 #57 1 - 38 law or - o highlight that a permit would be Corresponding Change in Final ByFurther Action No Change:Consistent with existing provision 1R, the flood hazard overlay remains on the subject properties tneeded from the GRCA prior to development within the boundaries of the Flooding Hazard overlay. Further Action:Zoning of the property will be reviewed in future phase of CRoZBy es in s change law. - lights that a law after the - the existing law was adopted - law is similar to the - law is adopted and com - with the amendment that there are challenges with s not change how the land can residential is adopted. Staff also note - ld still be in effect and would be applicable to residential zones as well as Sections 1 through 5 that - law wou hydraulic and hydrological modelling techniques all 1 when the new zoning by -- e overlay is to identify lands that are susceptible to - residential zones were added. For clarification, until such - time the zoning for non ulations; and, parking, loading and stacking. Accordingly, the law 85 law. Further, lands that continue to retain existing zoning from - - law and not Sections 1 through 5 of the new zoning by - Staff Response (provided in individual response letters) 1) Variables such as topography, infrastructure, land use, weather data, stream flows, and contribute in the determination of the resulting flood plain boundary. Unfortunately, over time any number of the variables can contribute to the floodplain boundaries changing. When flood plain boundariesome lands that were formally within a flood plain are removed and others are added.The Flooding Hazard overlay identifies that the property is regulated by the Grand River Conservation Authority and provides more transparency. The purpose of thflooding hazards and prevent the: injury or the loss of life and minimize property damage and social disruption; and, the aggravation of existing hazards and the creation of new ones. The overlays highpermit would be needed from the GRCA prior to the development within the boundaries of the Flooding Hazard overlay. This requirement is consistent with the current GRCA Regulated Area that applies to this portion of the property, and thus doecurrently be used.natural hazards.2) Staff acknowledge and understand thatadding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administration; interpretation; definitions; general regdraft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only to residential zones and intend to add these in adds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including residential zones, that need to be in place at thethat the approach to adopting the new zoning by existing zoning bythrough several amendments beginning in 1985, and residential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all properties in Kitchener, the existing zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by zoning for the site. Comment Summary1) No proposed zone change but a flooding hazard overlay is proposed over the site which does not reflect the approved draft plan and 2) Concerned with the introduction of new zoning definitions and regulations without releasing the recommended zoning for the subject lands. 1291 - Commenter Chris Pidgeon, GSP Group Inc. 1255Fischer Hallman Road Written: May 8, 2018 #58 1 - 39 law or - ZBy operty will be reviewed in Corresponding Change in Final ByFurther Action Further Action:Zoning of the property will be reviewed in future phase of CRoFurther Action:Zoning of the prfuture phase of CRoZBy , the law. - law after the law after the that need to be in -- law was adopted law was adopted -- tation; definitions; law is similar to the law is similar to the -- law is adopted and comes in - in Section 5 that relate only to g Zoning By residential is adopted. Staff also note residential is adopted. Staff also note -- zoning by g is applicable to all properties in Kitchener, the residential zones as well as Sections 1 through 5 that residential zones as well as Sections 1 through 5 that -endments beginning in 1985, and the existing - law would still be in effect and would be applicable to 1 when the new --- - acknowledge and understand that there are challenges with residential zones were added. For clarification, until such residential zones were added. For clarification, until such -- ones and intend to add these in with the amendment that ble to all zones, including residential zones, that need to be in law 85 law. Further, lands that continue to retain existing zoning from - - to general scope and administration; interpretation; definitions; law and not Sections 1 through 5 of the new zoning by - Staff Response (provided in individual response letters) 1) At this time, it is anticipated that staff will begin a comprehensive review of the zoning of lands within the Rosenberg Secondary Plan once the Official Plan.2 and 3) Staffadding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administration; interpregeneral regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only to residential zadds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including residential zones,place at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough several amresidential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all properties in Kitchenerexisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by1) At this time, it is anticipated that staff will begin a comprehensive review of the zoning of lands within the Rosenberg Secondary Plan once the Rosenberg Secondary Plan has been incorporated intOfficial Plan.2 and 3) Staff acknowledge and understand that there are challenges with adding the new residential zoning to the new zoning byadoption of the nonpertaingeneral regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions residential zones and intend to add these in with the amendment that adds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicaplace at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough several amendments beginning in 1985, and the existing residential zoning was added through an amendment several years later after the nontime as the new zonin 5) until a 5) until a -- definitions ning for the Rosenberg the recommended zoning for law (particularly sections 1law (particularly sections 1 -- available. law (including zoning for the Rosenberg law (including zo -- law does not propose to change the existing law does not propose to change the existing -- Comment Summary1) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of new zoning definitions and regulations without releasing the subject lands.3) Request that council defer making any decisions on general sections of the Zoning Bycomplete Zoning bySecondary Plan area) is1) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of new zoning and regulations without releasing the recommended zoning for the subject lands.3) Request that council defer making any decisions on general sections of the Zoning Bycomplete Zoning bySecondary Plan area) is available. Commenter Chris Pidgeon, GSP Group Inc. 1384 Huron Road Written: May 8, 2018Chris Pidgeon, GSP Group Inc. 1415 Huron Road Written: May 8, 2018 #5960 1 - 40 law or - ential Parking, law at this time - generally do not apply to existing are not applicable to existing residential lands proposed to be -te within 7.5 metres of an abutting Corresponding Change in Final ByFurther Action No Change:Nonincluded in new zoning byand zoned the appropriate non residzone.Further Action:Zoning of lands within a residential land use designation in the Official Plan will be applied to the subdivision in a future phase of CRoZBy. Change: Site specific provision (136) proposed to apply to property to permit loading spaces to locaresidential zone and stipulate that no rear yard setback or interior side yard setback shall be required for the existing building. Revised COM zoning so that all the regulations of all COM zones contained in Table 9.2buildings and structures.Added provision in Section 5 Loading, and Stacking to stipulate that provisions zoning g zoning from law. law. -- law after the - law was adopted - s in Kitchener, the law is similar to the - law to apply to the subject - law is adopted and comes in law is adopted and comes in the property has undergone -- dential zones, that need to be in tion; interpretation; definitions; residential is adopted. Staff also note - law recommendation. - residential zones as well as Sections 1 through 5 that when the new zoning by - law would still be in effect and would be applicable to law would still be in effect and would be applicable to 1 when the new zoning by1 --- -- residential zones were added. For clarification, until such - law 85law 85 law. Further, lands that continue to retain existinlaw. Further, lands that continue to retain existing zoning from -- -- to allow loading spaces to locate within 7.5 metres of an abutting ugh several amendments beginning in 1985, and the existing law and not Sections 1 through 5 of the new zoning bylaw and not Sections 1 through 5 of the new zoning by -- Staff Response (provided in individual response letters) existing zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by1, 2, 3) Staff acknowledge and understand that there are challenges with adding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administrageneral regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only toresidential zones and intend to add these in with the amendment that adds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including resiplace at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythroresidential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all propertieexisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by4) Staff confirms that there will be an opportunity to consider approvals that occur after the final draft was tabled in April 2018 in the formulation of the final by1) 2) Upon further review, in recognition thata development application and approval process in recent years that evaluated the site and determined the appropriate site layout, staff will propose a site specific provision in the final bypropertyresidential zone and allow a rear yard setback of 0 metre for the existing building . - 1 - ng and 1, NHC - a 7.5 metre 1, INS - incorporated into the 1 which reflects the existing approved site plan - Concerned with the introduction of new zoning definitions Comment Summary1) Portions of the lot are being rezoned RECand SWM2) and regulations without releasing the recommended zoning for the subject lands.3) Submit that an appropriate review of the proposed zoning of the Site can only be done comprehensively when all zoniassociated zoning regulations, including definitions and general regulations, are fully known.4) Note that their Draft Plan of Subdivision Modification and Zone Change are almost complete and they would expect that the corresponding zoning would beCROZBY process. 1) Current automotive repair building would become legal nonconforming with respect to the 7.5 metre rear yard setback and proposed regulation Section 5.11b) which requires setback to the existing loading space from the adjacent property line.2) Request that City incorporate site specific zoning to legalize the existing uses/buildings and allow for changes in tenancy 1178 - Commenter Kevin Muir , GSP Group Inc. 1940 Fischer Hallman Road Written: May 8, 2018Chris Pidgeon, GSP Group Inc. 1170Fischer Hallman Road and 1111 Westmount Road East Written: May 8, 2018 #6162 1 - 41 law or - ng that y to existing Parking, existing 2. - generally do not appl are zoned COM Corresponding Change in Final ByFurther Action parking space, existing loading spaces and existing stacking spaces andstacking lanes.Change: As per landowners request, proposiOfficial Plan be amended so that the seven properties that make up Williamsburg Town As per landowners request, changing the proposed zoning so that the seven properties that make up Williamsburg Town CentreCOM Zoning revision so all the regulations contained in Table 9.2 are not applicable to existing buildings and structures.Added provision in Section 5 Loading, and Stacking to stipulate that provisions parking space, existing loading spaces and existing stacking spaces and existing stacking lanes.Further Action:Zoning of the property will be reviewed in future phase of CRoZBy law after the - , 2019 law was adopted - th law is similar to the - missions made on behalf of the will begin a comprehensive review esidential is adopted. Staff also note r ading and stacking. Accordingly, the - law is pending. - residential zones as well as Sections 1 through 5 that - - onfirmation of the zoning that staff will propose for the subject lands ds in the Residential zoning. That said, there are many general Staff Response (provided in individual response letters) Response to May 4, 2018 SubmissionStaff note that in the written and oral subproperty owner it was requested that consideration of new zoning to be applied to the subject lands be deferred until such time as the Official Plan appeals are resolved. Accordingly, a staff response to your submission and cin the final Zoning ByAdditional stakeholder meeting took place Feb 8Response to Feb 22, 2019 SubmissionSee #531) At this time, it is anticipated that staff of the zoning of lands within the Rosenberg Secondary Plan once the Official Plan.2 and 3) Staff acknowledge and understand that there are challenges withadding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administration; interpretation; definitions; general regulations; and, parking, lodraft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only to residential zones and intend to add these in with the amendment that adregulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including residential zones, that need to be in place at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough several amendments beginning in 1985, and the existing - - he COM 5) until a - osed zoning 3 zones since they - conforming and that several - not all of the Williamsburg mmended zoning for the entire 2 and MIX - law (particularly sections 1 - does not propose to change the existing ty incorporate site specific zoning to law (including zoning for the Rosenberg - law - council defer making any decisions on general 3 Zones until reco3 Zones until the Ontario Municipal Board appeals -- law. State that a proper review would include the entirety of - Comment Summary1) Concerned because some but Town Centre was addressed within the April 2018 Draft Zoning Bythe noted.2) Request that Council defer further consideration of the COM2 and MIXnode is available for review.3) Concerned with the COMimplement Official Plan policies that are currently subject to an ongoing OMB appeal4) Request that council defer further consideration of t2 and MIXare resolved.5) Concerned that almost all buildings within the Williamsburg Town Centre will become legal noncurrent permitted uses will be removed in the propof the property. 6) Concerned that the new regulations are more restrictive than current requirements which may preclude the incremental intensification of their property. Request that council revisit these regulations. 7) Request that the Cilegalize the existing uses and buildings on the property and to permit expansions to the existing commercial centre.Feb 22, 2019See #531) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of new zoning definitions and regulations without releasing the recommended zoning for the subject lands.3) Request thatsections of the Zoning Bycomplete Zoning bySecondary Plan area) is available. 27 PLAN - - Commenter Chris Pidgeon, Sarah Code, Glenn Scheels,GSP Group Inc. Vaughan Bender, SchlegelWilliamsburg Town Centre Written: May 8, 2018Oral: May 8, 2018Further correspondence received: Feb 22, 2019Chris Pidgeon, GSP Group Inc. Cotton Grass Street 1470 Pt Lot 6 RP58R13609 Pts 258Written: May 8, 2018 #6364 1 - 42 law or - d structures. e of CRoZBy Corresponding Change in Final ByFurther Action Further Action:Zoning of the property will be reviewed in future phasChange: Revised COM zoning so that all the regulations of all COM zones contained in Table 9.2 are not applicable to existing buildings anRevised drive through facility regulations so not applicable to existing drive through facilities - ons are throughs are law. law. - -- itchener, the law after the - law was adopted law regulati - - law is similar to the would be applicable to - l zones, that need to be in law is adopted and comes in law is adopted and comes in application and to ensure interpretation; definitions; -- residential is adopted. Staff also note - the new zoning by residential zones as well as Sections 1 through 5 that - law would still be in effect and law would still be in effect and would be applicable to 1 when the new zoning by1 when --- -- e existing Urban Design Manual. Design guidelines ubject to the Section 1 through 6 of the existing zoning residential zones were added. For clarification, until such residential zones were added. For clarification, until such -- oning was added through an amendment several years later law 85law 85 veral amendments beginning in 1985, and the existing law. Further, lands that continue to retain existing zoning from law. Further, lands that continue to retain existing zoning from -- -- 3) Staff acknowledge and understand that there are challenges with ential zones and intend to add these in with the amendment that law and not Sections 1 through 5 of the new zoning bylaw and not Sections 1 through 5 of the new zoning by -- Staff Response (provided in individual response letters) residential zafter the nontime as the new zoning is applicable to all properties in Kitchener, the existing zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be sby1) At this time, it is anticipated that staff will begin a comprehensive review of the zoning of lands within the Rosenberg Secondary Plan once the Official Plan.2 and adding the new residential zoning to the new zoning byadoption of the nonpertain to general scope and administration; general regulations; and, parking, loading and stacking. Accordingly, the draft tabled in April 2018 excluded general regulations in Section 4 and parking, loading and stacking provisions in Section 5 that relate only to residadds in the Residential zoning. That said, there are many general regulations; definitions; and, parking, loading and stacking provisions that are applicable to all zones, including residentiaplace at the time the zoning for nonthat the approach to adopting the new zoning by existing zoning bythrough seresidential zoning was added through an amendment several years later after the nontime as the new zoning is applicable to all properties in Kexisting zoning bylands not included in Appendix A (Zoning Grid Schedules) of the new zoning byZoning Byto effect, will be subject to the Section 1 through 6 of the existing zoning by1) Staff note that the proposed regulations related to driveconsistent with thencourage development in line with the vision established through the Urban Design Manual, while maintaining a level of flexibility and sitespecific consideration, where appropriate. Zoning byenforceable and provide a legal way of consistently managing land use and future development. Part of this comprehensive review involved evaluating current design guidelines, and in certain instances, staff recommend zoning to ensure consistency ofthat objectives and policies of the new Official Plan are implemented. Through this process it was determined that requirements for drive through stacking lanes are more appropriate in zoning to ensure safety 5) until a - conforming. - Previous approvals with law. Their - law (particularly sections 1 leasing the recommended zoning for - t would become legal non law (including zoning for the Rosenberg - law does not propose to change the existing - area) is available. through stacking lanes contained in Section 5.12 of the - Comment Summary1) Draft Zoning Byzoning of the property because of Rosenberg Secondary Plan.2) Concerned with the introduction of new zoning definitions and regulations without rethe subject lands.3) Request that council defer making any decisions on general sections of the Zoning Bycomplete Zoning bySecondary Plan 1) Concerned with proposed new regulations applicable to driveApril 2018 Draft Zoning Byrespect to architectural projections and location of drive aisles in relation to the street line have not been considered and therefore general regulations contained Sections 4.15.2 and 5.2.2 are also of concern.2) Their developmenRequest that Council incorporate site specific zoning to legalize the existing use/building and allow for changes in tenancy. Commenter Chris Pidgeon, GSP Group Inc. 350 Cotton Grass Street Written: May 8, 2018Chris Pidgeon, GSP Group Inc. 1191 Fischer Hallman Road Written: May 8, 2018 #6566 1 - 43 law or - Corresponding Change in Final ByFurther Action Change: Site Specific Provision (10) revised to reflect the variance decision with respect to parking on the property.No changeEcological Restoration Areas overlay applied to the property consistent with the Official Plan. No change:No change requestedNo change:Clarification provided regarding zoning provisions applicable. law be - law. 5.1 c - 004 law. It is the - - l law amendment - products of - 1. As such, staff will Parking, Loading, and for such purpose. - lands that have the e Drive, the parking se and be replaced by uses, law 85 - Application A2018 ial policies/requirements. conforming/complying - law. - conforming/complying. However, if an agreement is tion on site. - e lot containing the use requiring the parking spaces and pment (of all or part of existing developed sites), or site l zoning by conforming/complying are necessary by - law. - Staff Response (provided in individual response letters) and adequate circula2) Legal nonimplementing a new Official Plan through a new Zoning Byintention and expectation the legal nonuses/buildings/ structures will eventually ceabuildings and/or structures that conform to the new Official Plan and new Zoning ByThis property has previously been subject to a zoning byprocess. The decision of Minor Variance effectively makes for a minor change to an existing special regulation which applies to the property in Zoning Byrecognize this change in the contents of Site Specific Provision (10) in the proposed fina1) The Kitchener Natural Heritage System Background Report (available on the City's website) was undertaken to provide technicarecommendations for the policies in the New Official Plan. Ecological System as identified in the 2014 Official Plan (OP). The intent of ecological restoration areas overlay is to identifypotential to have their ecological functions restored. The overlay serves as a notice that those lands identified will be subject to an Environmental Impact Study or other appropriate study prior to development (vacant sites), redeveloPolicies. 2) This overlay will remain on the property in order to comply with the No formal response provided. No change requested.As indicated in previous correspondence, should the zoning byapproved as proposed, the parking provided at 120 McBrine would be considered legal nonregistered on the title of both 55 and 120 McBrinwould be considered in the context of Section 5 Stacking (specifically section 5.1) of the proposed Zoning Byand d) stipulate that parking spaces may be located on another lot within 400 metres of ththat the owner of both lots enter into an agreement with the City to be registered against the tile of both lots to guarantee that the land required for parking spaces shall continue to be used only law. - CROZBY 1). - roperty at 132 and the - law is released - June 12, 2015 004) for the property -law 2014 - law - the permission of By st consideration be given to including site specific Comment SummaryAn approved minor variance (A2018resulted in a parking rate expressed as a ratio rather than a number. Concerned since new zoning does not entirely reflect the recent planning approvals and the applicants request that Council reflectminor variance decision into the zoning of the property prior to approval of the new Zoning By1) We request a copy of the source material used to identify the Ecological Restoration Area overlay along the eastern boundary of the Property. 2) We also request that the Ecological Restoration Areas overlay as identified on the eastern portion of the P1060 Trillium Drive be reduced to align with the boundary of the adjacent Natural Heritage Conservation Zone (NHC1) Thank you for your response to our correspondence regarding the first draft of the zoning byWe reserve the right to provide further comments at the time the second final draft of the proposed zoning byand/or at the time that subsequent components of the initiative are completed.1) City confirmed that the business associated with BLM for the main business operation at 120 McBrine Drive would not 2) Requepermissions for parking associated with the truck transport terminal at 120 McBrine Drive for the Property at 55 McBrine Drive. Commenter Heather Price, GSP Group Inc. 100 Victoria Street South Written: May 8, 2018Kristen Barisdale, GSP Group Inc. 1060 Trillium Drive Written: May 8, 2018Kristen Barisdale, GSP Group Inc. 150 Shoemaker Street Written: May 8, 2018Kristen Barisdale, GSP Group Inc. 55 McBrine Drive Written: May 8, 2018 #67686970 1 - 44 law or - existing Parking, s. generally do not apply to existing : Corresponding Change in Final ByFurther Action No change:Clarification provided regarding zoning provisions applicable.ChangeRevised INS zoning so that all the regulations of all INS zones contained in Table 10.2 are not applicable to buildings and structures.Added provision in Section 5 Loading, and Stacking to stipulate that provisions parking space, existing loading spaces and existing stacking spaces and existing stacking lane 1 - ff will law be ling is not -3 zoning - law. 5.1 c - Street Parking 1. - - Parking, Loading, and ed and operated as a right in the current I - in the same building as the law. Multiple Dwellings and other agreement with the City to be of - - use building, or cluster townhouse - - 2 zoning on the property. Staff note - 2 zone be modified in the proposed final - tted as ing provided at 120 McBrine would be pply to existing buildings. conforming/complying. However, if an agreement is back townhouse dwelling. A multiple dwel - - to - care community and where personal services may be law as the Official Plan does not contemplate such residential law to not a -- 2 zones. 2 zone, subject to being located - - ng (specifically section 5.1) of the proposed Zoning By ng maximums in the Zoning By Staff Response (provided in individual response letters) As indicated in previous correspondence, should the zoning byapproved as proposed, the parkconsidered legal nonregistered on the title of both 55 and 120 McBrine Drive, the parking would be considered in the context of Section 5 Stackiand d) stipulate that parking spaces may be located on another lot within 400 metres of the lot containing the use requiring the parking spaces and that the owner of both lots enter into anregistered against the tile of both lots to guarantee that the land required for parking spaces shall continue to be used only for such purpose. 1) As indicated in previous correspondence, a 'Continuing Care Community' is a permitted use in the INS zones and is defined as 'the use of a premises that is planned, developed, managcontinuum of accommodations and care and is comprised of a large residential care facility and may contain an independent living facility'. An Independent Living Facility is defined as 'a multiple dwelling that is part of a continuing provided'. 'Multiple Dwelling' is defined as 'the use of a building containing three or more dwelling units, and may include a stacked townhouse dwelling and backa street townhouse dwelling, mixeddwelling'. A 'Continuing Care Community' is a proposed use on this property in the proposed final zoning byresidential uses which are permifor the subject property will not be carried forward in the proposed final zoning byuses as appropriate uses on institutional lands. Accordingly, stacontinue to recommend that residential uses not be permitted in the INSand INS2) While more details are required on the particulars of each use indicated in the comment, it is staff's initial interpretation that each of these uses are contemplated in the proposed INSthat uses including convenience retail, office, financial establishment, restaurant, and personal services are contemplated as accessory uses in the INSprincipal use. This is detailed in regulation (1) of Table 113) In response to this comment, staff will be recommending that the stepback requirement in the INSzoning by4) The decision to establish parking maximum rates to all geographies in the city is to encourage modal shift to other forms of transportation, and to encourage an efficient, dense and walkable built form. Consideration of parkiPlanning Around Rapid Transit (PARTS) Transportation Demand Management (TDM) Strategy, and supported by the conclusions and recommendations from the Comprehensive Review of Off& Loading Regulations. Staff recognizes there is a distinction between parking demand in suburban and urban contexts; this is why minimum parking rates are proposed to vary by geography, and why the difference - back - - law would to - - By o only g the location of specific special regulation - n to including site specific 2 zone intends to reduce the - Specific Zoning provision be added to state - that the existing site hich permits all forms of multiple dwellings.Concerned Comment Summary1) City confirmed that the business associated with BLM Transportation Group would for the main business operation at 120 McBrine Drive would not 2) We request consideration be givepermissions for parking associated with the truck transport terminal at 120 McBrine Drive for the Property at 55 McBrine Drive.1) Concerned that proposed INStypes of multiple dwellings that are permissible tapartment buildings, stacked townhouses and backtownhouses and requires such uses to be located on the same site as a large residential care facility.The proposed zoning does not carry forward site specific provisions on the subject lands wthat the proposed zoning reduces the number of permitted uses, including stacked townhouse which is of concern to the applicant. Request that all previously permitted uses continue to be permitted and applicable to the Site be carried forward in the new Zoning Bylaw.2) Request that Council consider broadening the range of permissible uses for the Site. Restaurants, classrooms, training facilities, medprograms, community spaces and personal service uses (e.g. spa services), are among the range of uses that support the community hub vision for the Site.3) Proposed regulations of the April 2018 Zoningresult in the existing development becoming legal nonconforming (e.g. a required stepback for buildings above 14 metre in height).4) Schlegel Villages Inc. also has concerns with the introduction of parking maximums and regulations governinparking (e.g. proposed regulation 5.2.3c which does not permit parking within a front yard or exterior side yard).Feb 22, 2019 SubmissionRequest that a Sitem2 shall apply to the entire Site. Commenter Kristen Barisdale, GSP Group Inc. 120 McBrine Drive Written: May 8, 2018Chris Pidgeon, GSP Group Inc. 695 Block Line Road & 1000 Westmount Road East Written: May 8, 2018Further correspondence received: Feb 22, 2019 #7172 1 - 45 - - law or - conforming. - 1241, 1251 Weber Street East - 2 zone to restrict permitted non 446, 460 Highland Road - - 1, 1221 Change: Corresponding Change in Final ByFurther Action 428, 438NoConfirmed that existing buildings are outside of the Ecological Restoration Area Overlay.340 Kingswood DriveNo change:Use to become legal non119No change:Clarified that no regulations are proposed in the COMresidential uses from locating in a freestanding building. - - - rmitted , 2019 fficial Plan and new th conforming/complying is proposed to vary by - conforming under the - r multiple dwellings and der to comply with the 1 also does not permit parking - law 85 isions 83R and 109U to allow a car - ther appropriate study prior to conforming/complying are necessary by - er of parking spaces. With regards to the location lementing a new Official Plan through a new Zoning By law. Legal non - to Feb 22, 2019 Submission law. law. - - 446, 460 Highland Road - a minimum parking rate of 1 space per 92 square metres of GFA, - Staff Response (provided in individual response letters) between a parking minimum and parking maximumgeography. Staff note that in accordance with proposed 5.7.d), if the existing parking spaces on a lot exceeds the maximum number of parking spaces permitted by 5.7 a), the number of existing parking spaces shall be the maximum numbof parking in the front yard or exterior side yard, staff notes that existing regulation 6.1.1.1 d) i) in zoning byin the front yard or side yard abutting a street foresidential care facilities, among other uses. This regulation will continue to be recommended by staff to be carried forward in the proposed final zoning byAdditional stakeholder meeting took place Feb 8Response applied and a maximum parking rate of 1 space per 70 square metres of GFA. 428, 4381) The extent of the Ecological Restoration Area is depicted on the map below (using 2017 air photo). The building shown on the map is outside the Ecological Restoration Area.2) The intent of ecological restoration areas overlay is to identify lands that have the potential to have their ecological functions restored. The overlay serves as a notice that those lands identified will be subject to an Environmental Impact Study or odevelopment (vacant sites), redevelopment (of all or part of existing developed sites), or site alteration (vacant or developed sites) as per the This overlay will remain on the property in or340 Kingswood Drive:1) As indicated in previous correspondence, this property is designated nonproposed zoning of this site does not include a car wash as a permitted use. Carrying forward Special Provwash would not be consistent with the Official Plan. The existing selfservice car wash would be considered legal nonnew zoning byproducts of implaw. It is the intention and expectation the legal nonuses/buildings/structures will eventually cease and be replaced by uses, buildings and/or structures that conform to the new OZoning By law. - ail use standing ret - 2 zone. - law - erlay. 1241, 1251 Weber Street East - 446, 460 Highland Road - ver in the final Zoning By Comment Summary428, 4381) Request that staff confirm that the Ecological Restoration Area overlay does not contain any existing buildings. 2) Request that staff consider that this overlay would only be triggered where development would relate to works specifically within the ov340 Kingswood Drive:1) Request that Special Regulation Provision 83R and Special Use Provision 109U be carried over in the Final Zoning By1191, 12211) Request that Special Use Provision 335 and 3U be carried o2) Requests clarification that a multiple dwelling is in a building with no other uses. Request that staff consider adding the multiple dwelling use to the COM3) Please confirm the regulations for a free - 446, - Commenter David Aston , MHBC Planning 428, 438460 Highland Road West340 Kingswood Drive1191, 12211241, 1251 Weber Street East Written: May 8, 2018 #73 1 - 46 law or - Corresponding Change in Final ByFurther Action 2 zone to standing - - ied forward in 2 zoning does not - . Manufacturing is not a permitted use proposed COM uses from locating in a free , staff will revise the COM zones to add residential - 6 zoning does. Permissions regarding maximum size of - 1241, 1251 Weber Street East - ining to maximum total retail gross floor area (staff will be revising residential). These regulations implement the policies of the Official - law as it permits manufacturinglaw because the exemptions relating to maximum lot coverage and -- Staff Response (provided in individual response letters) 1191, 12211) Existing Special Use Provision 3U has not been carried forward in drafts to date and will not be carried forward in the proposed final zoning byin lands designated Commercial located within Urban Corridors. Therefore, carrying forward this existing provision would not be consistent with the Official Plan.Existing Special Use Provision 335U has not been carrdrafts to date and will not be carried forward in the proposed final zoning bymaximum gross leaseable commercial space for a convenience retail outlet are redundant because theimpose maximum lot coverage or limit the size of convenience retail like the existing Csingle retail outlet are instead subject to proposed regulations in Table 9.2 pertathe maximum gross floor area requirement to pertain to retail only, not nonPlan. 2) Similar to the MIX zones'multiple dwelling' as a permitted use and the use will be subject to the same provisions as 'dwelling units'3) Staff confirm that no regulations are proposed in the COMrestrict permitted nonbuilding. Comment Summary Commenter # 1 - 47 law or - a gas law without the need - o permit existing law amendment. - - also subject to the flooding hazard d (91) to no longer permit Change: Corresponding Change in Final ByFurther Action NoContinue to propose Site Specific Provision (74) on property tdriveways, existing residential dwellings and any existing buildings or structures accessory thereto.Change:Revised EUF zone to remove permissions for existing storageRevised preamble in EUF zone to confirm zone isprovisionsZoning Bymapping errors as technical revisions that may be made to the Byfor a zoning byRevisestation, hospice and multiple dwelling. law - As . Further, 1.9 a gas station, hospice and hat document, both 1901 law amendment. - criteria provided in the provisions - ly. mental Features and Supporting System and zoned Natural Heritage laws respectively to regulate the use of land - Regulated by the Grand River Conservation law (CRoZBy). - 1). The purpose of this zone is to protect and/or - sidential dwellings and any existing buildings or structures law without the need for a zoning by - ) Thank you. Have revised according) Thank you. Have revised accordingly. ) Thank you. Have revised to no longer permit Staff Response (provided in individual response letters) 1) On Dec. 22, 2010, the Province of Ontario approved the new Regional Official Plan (ROP) with modifications. Within tand 1893 Ottawa St St were identified within the Greenlands Network as having a Core Environmental Features. The Greenlands Network is a layered approach to environmental protection comprised of Landscape Level Systems, Core EnvironEnvironmental Features. The most recent information provided to us from the Region has reconfirmed the presence of the Core Environmental Feature. In your case, it is due to the presence of Regionally Significant Woodlands.directed by the ROP, Area Municipalities will designate and zone Landscape Level Systems and Core Environmental Features in their official plans and zoning bywithin these areas.2) 1901 Ottawa St S is notAuthority. A very small portion of 1893 Ottawa St S is Regulated by the Grand River Conservation Authority.3) Applying the information provided, the property will be included within Conservation (NHCconserve natural heritage features and their ecological functions.4) Site Specific Provision (74) is proposed to permit existing driveways, existing reaccessory thereto.Review of the Zoning By1) Thank you. Have deleted permission to allow existing storage.2) Thank you. Have revised. 3) Thank you. HavExisting Use Floodplain zone are subject to the flooding hazard provisions 4) Development, redevelopment or site alteration would not be permitted within the slope erosion hazard where theis not satisfied. 5) Correct, changes to the boundaries of zoning without a zoning byamendment is not permitted by the Planning Act. Updates to the mapping can occur through city initiated annual zoning amendmentscorrections to mapping errors as technical revisions that may be made to the By678multiple dwelling. . law has - formation and 1 while allowing for - C 1 zoning from the - law amendment. The zoning - 1 zone since they state both - supersedes other zoning than they would ay requirements must be referenced. were in poor conditions due to limited sunlight, too much Comment Summary1) Concerned with the NHCproperties do not have any significant wildlife features. Additionally, a tree specialist visited the site and concluded the trees water and not enough space.2) States that GRCA does not hold any limitations on the property.3) Requests that staff remove the NHCproperty4) OR zone the back of the property NHresidential development in the front5) Or the City of Kitchener purchases the land to retain for parks or trails1) States that Section 18.2.1(a) (iii) contradicts Section 14.4 since if the overlay not be permitted to have any outdoor storage, whether existing or not.Section 18.2.1(a)(c)3) Recommend including a note in the EUF zone section that the overl4) State that it is not clear that the potential for no development within the slope erosion hazard is reflected in Section 18.2.25) Note that the technical revisions to the zoning Bychanged since the first drallows for technical revisions and refinements to boundaries without requiring a zoning byboundaries are based on current best available init is anticipated though the GRCA updates, survey work or technical studies undertaken by applicants that these boundaries are subject to changes (i.e wetlands, floodplain, 30, Commenter Rob Currie 1901 & 1893 Ottawa Street South Oral: April2018Mark Benjamins, Benjamins Realty Written: May 8, 2018Trisha Hughes, GRCAWritten: May 8, 2018 #7475 1 - 48 law or - Corresponding Change in Final ByFurther Action Staff Response (provided in individual response letters) ction ty, in law, within - prevail he regulation number pplicable regulation approved Authority, where required by said Authority, nterference with wetlands or alterations to as affected by the Flooding Hazard Overlay, al for City Staff initiated zone changes on an annual 1 permits a gas station, hospice and multiple dwelling in - Note that Site Specific Provision (91) within the lands zoned ) Request the following text revisions in Section 18.2.1b and ) Request the following changes to the Text with the Map in ) Comment Summaryslope hazards, and watercourses). We understand that there is potentibasis to address minor refinements.6Section 18.2.2b(vi):the lands shown prior to the development of any land, interference with wetlands, or alterations to shorelines of watercourses in accordance with the underlying zone, a permit shall be obtained from the Grand River Conservation in accordance with the applicable regulation approved under the Conservation Authority, where required by said Authoriaccordance with the applicable regulation approved under the CNote that following the amendment to the Conservation Authorities Act, a new regulations is expected to be developed and in order to avoid having to replace t7Appendix C:a. Development, ishorelines or watercourses redevelopment or site alteration within the Grand River Conservation Authority regulated areas will require a permit from the Grand River Conservation Authority in accordance with the aunder the Conservation Authorities Act. The actual regulated area may differ from the area shown, which is shown for informational purposes and the regulated area, as determined by the Grand River Conservation Authority, shall8EUFthe existing building. These uses should not be permitted as new uses as per Section 6.C.2.6 of the Official Plan and Se18 which state that certain uses will not be permitted within hazardous lands due to issues with safe evacuation and hazardous chemicals. Commenter # 1 - 49 law or - Corresponding Change in Final ByFurther Action Change:Revised minimum requirement for Class B Bicycle Parking to 1 space per 500 square metres of gross floor area for 'large merchandise retail'No change:No change requested. tail'. or site law, staff - rder to can include surface rimary building(s) environmental impacts on the cognition of the goods sold as part of ical functions restored. The overlay serves s currently used for parking could be utilized law. - master plans or studies. Where no such guidance exists, the Staff Response (provided in individual response letters) 1 and 2) As indicated in previous correspondence, given the proposed setbacks in the COM zones and that landscaped areawalk, pathways, and other similar materials as well as rooftops, there are opportunities to achieve the minimum landscape requirement. Further, given the proposed reduction in minimum parking requirements, as redevelopment occurs, landfor additional landscaping to meeting landscaping requirements. As such, staff will continue to recommend a minimum landscape area of 20% as part of the final zoning by3) 4) Upon further review and in re'large merchandise retail' uses, in the proposed final zoning bywill revise the requirement for Class B Bicycle Parking Staffs to 1 space per 500 square metres of gross floor area for 'large merchandise re5) Heritage System as identified in the 2014 Official Plan (OP).The intent of ecological restoration areas overlay is to identify lands that have the potential to have their ecologas a notice that those lands identified will be subject to an Environmental Impact Study or other appropriate study prior to development (vacant sites), redevelopment (of all or part of existing developed sites),Policies. The study must demonstrates to the satisfaction of the City, Region, Grand River Conservation Authority and/or Province, as appropriate, that there will be no adverserestored feature or the ecological functions of the feature in its optimal ecological state. The optimal ecological state of an ecosystem may be determined through watershed studies, environmental assessments, or other similaroptimal ecological state of an ecosystem will be determined by the appropriate agencies having jurisdiction in consultation with the owner/applicant. This overlay will remain on the property in opolicies/requirements.Thank you for your supportive comment. Staff confirm that any accessory use or building, which includes maintenance facilities, to a golf course are permitted by way of Regulation 4.2 Accessory Uses provided they are within the same is exclusively devoted to the principal use(s) or p accessory at these uses sting site and any law as it relates to these - creation uses would also t are predominantly bulky law) would now be permitted - ap 47 altogether as e Depot since they use the ed as follows: law and no longer includes reference to accessory - B bicycle stall requirements and that portions of site are conforming zone provision be allowed to continue as legal conforming. -- arking stall requirement be reduced from 1 space per 333 of Comment Summary1450 Ottawa Street,1) Concerned with the minimum 20% landscaped area and Class 2) Staff previously noted that Home Depot could provide additional landscaped area in the form of roof top gardens which is not feasible for Hommajority of their rooftop for solar panels and renewable energy. As a result, they request that the minimum 20% landscaped area provision only applies to portions of the site undergoing redevelopment and not be imposed on the exinonnon3) Based on the size of the site, the applicant would have to provide 50 bicycle B parking stalls. This number is impractical since the goods sold at home depoand require transport by automobile. 4) Request that bicycle B parking stalls requirements only be applied to portions of the building undergoing redevelopment. Alternatively if that is not feasible, they ask that the bicycle b pportion of the site that is already developed, they request that the overlay be removed from Mdevelopment, redevelopment or site alteration does not warrant the preparation of an EIS or other appropriate study.1) Writing in support the Final Draft Bylands provided subject to some clarification/confirmation of our understandings, summarizZoning Byuses such as clubhouse, restaurant, banquet facility, fitness centre, retail store, etc. It is our understanding th(and potentially other accessory uses not contemplated at the time of the writing of the zoning byunder the general accessory use provision. Please confirm this understanding.b. We understand that other indoor rebe permitted as accessory uses to the golf course.c. Kindly confirm that maintenance facilities are permitted as part of the primary golf course use (similar to washrooms and halfway houses), or alternatively, are permitted as an use. Commenter David McKay, MHBC Planning 1450 Ottawa Street South100 Gateway Park Drive Written: May 8, 2018David Aston/Andrea Sinclair, MHBC Planning Westmount Golf and Country Club Written: May 8, 2018 #7677 1 - 50 law or - residential. - Corresponding Change in Final ByFurther Action Change:Revised the maximum gross floor area requirement in COM zoning to apply to retail only rather than non law, staff - ate study prior to gical functions restored. The 1440 &1450 Ottawa Street South) - , or site alteration (vacant or developed sites) as per the of ecological restoration areas overlay is to identify lands u for the supportive comment. Staff Response (provided in individual response letters) Sunrise Centre (14001) Upon further consideration, in the proposed final zoning bywill revise the proposed COM zoning to apply the maximum gross floor area requirement to retail only.2) The intentthat have the potential to have their ecological functions restored. The overlay serves as a notice that those lands identified will be subject to anEnvironmental Impact Study or other appropridevelopment (vacant sites), redevelopment (of all or part of existing developed sites), or site alteration (vacant or developed sites) as per the order to complypolicies/requirements.International Place (58 Ottawa Street South/5 Wake Robin)1) The intent of ecological restoration areas overlay is to identify lands that have the potential to have their ecolooverlay serves as a notice that those lands identified will be subject to anEnvironmental Impact Study or other appropriate study prior to development (vacant sites), redevelopment (of all or part of existing developed sites)policies/requirements.The Boardwalk1) Thank yo outlined above, and the 1440 &1450 Ottawa Street South) - law. - raft By 4 zone be clarified as relating to retail only - Comment SummarySunrise Centre (14001) Suggest that the maximum total GFA requirement of the Com2) Request that the ecological Restoration Area overlay beremoved since in interpretations for development, redevelopment or site alterations would only relate to works that would impact the storm water management systemInternational Place (58 Ottawa Street South/5 Wake Robin)1) The International Place lands recent Site Plan Approval in Principle, we request that the Ecological Restoration Area overlay be removed from the International Place landsThe Boardwalk1) Support the proposed zoning of the subject lands set out in the Final D Commenter David Aston, MHBC Planning Sunrise CentreInternational Place PropertiesThe Boardwalk Written: May 8, 2018 #79 1 - 51 units law or - - 3 zoning. - ty consistent with Corresponding Change in Final ByFurther Action No change:Current 'truck transport terminal' use proposed to be permitted by EMPNo change:No change requestedChange:Proposed zoning on properthe Official PlanRevised regulation 8.2 (1) so not applicable to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freestanding. Revised 8.2 (2) to clarify that dwelling(including amenity areas and access) may be located on the ground floor provided that . loyment Employment 3 in the final draft - , 2019 to Official Plan th commercial vehicles and sale of farm, - plated as a heavy industrial law as this would not be 3 zoning and/or subject property - - 3 was revised to add 'Major - 3 zoning and/or subject property through a -respondence, a restaurant is not service, repair, law, the EMP staff note that from the first draft to the final draft of - 3 zone. As indicated in previous correspondence, - to be a 'truck transport terminal' and is proposed to be ning provision would not be consistent with the Official e carried forward in the new zoning by Staff Response (provided in individual response letters) 1) Staff again confirm that the existing operations at the subject property are considered permitted in the EMPan automotive detailing and repair operation is not contemplated as a heavy industrial employment use as per the Heavy Industrialthis use as a permitted use in the EMPthrough a site specific zoning provision would not be consistent with the Official Plan. However,the proposed zoning byEquipment Supply and Service' as a permitted use as it was deemed it was an appropriate use in implementing the Heavy Industrial Empland use designation. 'Major Equipment Supply and Service' is defined as the use of a premises for theconstruction, and large business machines; and2) Retail of motor vehicles is not contememployment use as per the Heavy Industrial Employment land use as a permitted use in the EMPsite specific zoPlan. However, as indicated above, the proposed EMPpermits 'Major Equipment Supply and Service', which includes the sale of commercial vehicles. 3) As indicated in previous corcontemplated as a permitted use within the Heavy Industrial Employment existing zoning provision that permits a restaurant use is not proposed to bconsistent with the Official Plan.No formal response provided. Comments indicated that previous concerns addressed. No formal response provided as lands were subject Appeal.Lands proposed to be added to zoning byprocess. Additional stakeholder meeting took place Feb 8 - 1 - 2 - - law 85 - ve. 3) for 353 Manitou - law. - law as it relates to these lands and - n. detailing and repair operations have been notified of any further changes as it relates to the gross floor area of 5,000 square metres in the MIX 01 for 353 Manitou Drive. - is considered by City Council for approval. Comment Summary1) Automotive excluded as a permitted use and due to the current use of the lands, they request that automotive detailing and repair operations be included as a permitted use in the proposed Heavy Industrial Employment Zone (EMPDrive.2) Request that consideration be given to permitted limited retail of motor vehicle sales for 353 Manitou Drive3) Special Use Provision 35U in the existing Zoning Bypermits restaurants lots with frontage on Manitou DriRequest that consideration be given to maintaining the existing permissions of Special Use Provision 35U as part of Zoning Bylaw 20151) Pleased to find that our concerns related to permitted uses and clarification on retail and office permissions have been addressed in the final draft zoning by2) Support the proposed bysite.3) Ask to besubject property1) Note that subject lands are not proposed to be rezoned but ask that staff rezone the lands at such time as the zoning bylaw 2) Request that Section 8.1 (Mixed Use Zones) make provision for free standing multiple dwelling units without the requirement to be located within a mixed use building to ensure consistency with the official pla3) Request that the Mixed Use Zone be clarified such that amenity space associated with multiple dwellings is also permitted on the ground floor of a building fronting a street.4) Asks staff to consider deleting the total maximum retail and food store Zone. The policies which limit the size of retail gross floor area Commenter Kristen Barisdale, GSP Group Inc. 353 Manitou Drive Written: May 8, 2018Carol Wiebe, MHBC Planning 501 Krug Street Written: May 8,2018David Aston/Andrea Sinclair, MHBC Planning Southwesterly intersection of Huron Road and Strasburg RoadSoutheasterly Intersection of Huron Road #808182 1 - 52 2 - law or - 2 zones. - that provision 8.2(1) d in Table 8.2 are not law amendment - residential. - residential uses abut the façade for the - Corresponding Change in Final ByFurther Action nonentire length of the façade, except for access. Revised 8.3(1) so that all the regulations of all MIX zones containeapplicable to existing buildings and structuresRevised maximum building height in COMto 25m for a mixed use buildingRevise the maximum gross floor area requirement to apply to retail only rather than nonRevised Revised how ground floor façade openings calculatedRevised to allow mapping errors to be corrected as technical revisions and without a new for a zoning byChange: Site specific provision (49), (116) and (145) proposed to apply to property.MIX zoning revised so is not applicable to MIX on to consider transferring variances into law be carried forward. Any future development - Staff Response (provided in individual response letters) Response to May 8, 2018 Submission1, 2, 3) Generally staff is not recommending that variances granted under the existing zoning bythe site would be considered in the context of the new zoning of the site. Variances requested under the new zoning would be considered on their merits and evaluated against the zoning in effect at that time. Should you wish to provide us with rationale 1 - t to 2 Zone be law 85 - alone - - 2 zone as the - law. Please - residential gross floor - law is passed examples cited in - ted given stand 2 Zone be clarified as relating to - concerns with the MU proved permits issued from GRCA 2 Zone be dele - the location of parking and loading spaces olicies in the Official Plan change, the zoning 2 Zone) is in addition to permitted commercial floor area. - Comment Summaryare currently under appeal and may change as a result of the related pregulations will be updated accordingly.5) Concerned with the minimum ground floor façade width of 50% and minimum ground floor opening requirement. A minimum ground floor opening requirement can be difficulachieve for buildings with primary access located internal to the site. Suggest these requirements be reduced and/or eliminated with consideration taking place in the context of a site plan approval process and/or design guidelines.6) Concerned with (reg. 8.6) since it is difficult to achieve for larger sites. They suggest rather implementing a setback from a street.7) Ask that the mix use requirement for multiple dwellings outlined in the COMresidential uses are permitted in the Official Plan.8) Confirm a maximum floor space ratio for dwelling units of two (COM9) Ask that the maximum building height in the COMincreased to 24 metres to ensure appropriate intensification of the site10) Request that the maximum total nonarea requirement of the COMretail only11) Suggest that permitted uses and12) Suggest that the interpretation section should be clarified/expanded to provide for zone and classification interpretations based on apor other similar agency.exclude any floor area located 50% or greater below grade.14) The definition of Floor Space Ratio in Zoning Byincluded tmore than one zone having different floor space ratio regulations, floor space ratios shall be obtained using only that portion of the building floor area and only that portion of the lot area withinbeen carried forward in the final Draft Zoning Byconfirm how Floor Space Ratio will be calculated for sites with split zoning going forward.May 8, 20181) Previously submitted comments on behalf of our client on June 11, 2015 outlining our approved multiple residential dwellings proposed for the site would not comply with all regulations.2) Concerned that the variances granted on the subject lands may be lost when the new zoning by Commenter and Strasburg Road Written: May 8, 2018David Aston, MHBC Planning 460 Belmont Ave West #83 1 - 53 law or - Corresponding Change in Final ByFurther Action Changes:Revised method of awarding bonusing to a hybrid approach which will equitably award bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of the site, the corresponding Bonus Value will be Floor Space Ratio. If the scale or cost of a given Community Benefit is not fluid based on the size of the site, the - 1 (as of of the 2 zoning). - law. - residential use and floor space ratio - ground floor façade law which will equitably - - t is to specify the community staff cannot justify doing so only be: exempt from 8.2(1) which only he review and consultation process 1 which included Community Benefits - ission o account varying lot sizes. If the scale or of 4 (as per the existing MU property law 85 - law is in effect, the owner will have the ability to - floor space ratio ll not be given the ability to be recognized retroactively. Once the ARTS Station Study Area. However, the property was not included in the Staff Response (provided in individual response letters) special provisions on this property we will consider it as part of the draft new zoning for this site. No new zoning has been proposed on the property to date because the property was identified within the Midtown Pfinal Midtown Station Area Plan. As such, staff will be reviewing these lands and applying draft zoning to the property in the next couple months and will notify the property owner of tand the proposed zoning at this time.January 2019Lands proposed to be added to zoning byprocess. Response to Feb 15, 2019 SubmStaff included the subject property in the lands to be rezoned through the accordance with the Mixed Use land use designation in the Official Plan.Staff will recommend that the permits multiple dwellings on a lot containing a nondoes not permit multiple dwellings in a building fronting a street (as per recent development); exempt from the minimumper previous C of A decision) and have a minimumand maximum1) Thank you for the comment.2) While staff appreciate the suggestion to recognize Community Facilities, Services or Matters which existed on the day the 2014 Official Plan bonusing policies came into effect, for the bonusing provisions. Site plans or other development applications processed under Zoning Bywhich may be eligible for a Bonus Value in the proposed final zoning bylaw wiproposed final zoning byupdate a site plan approval to take advantage of bonusing provisions.3) Thank you for the comment. Our intenbenefits and bonus values in the proposed zoning by4) Thank you for the comment. Upon further review, staff will be recommending a hybrid approach in the final byaward bonus values by taking intcost of a given Community Benefit is fluid based on the size of the site, the corresponding Bonus Value will be Floor Space Ratio. If the scale or cost of a given Community Benefit is not fluid based on the size ould t of the law to state: - residential buildings ling are only permitted law. - alone multiple residential - d site commercial uses. - 2 zoning is Additional Regulation (1) - residential use. A cluster townhouse - 2 with Site Specific Regulation 576R(M). Site - under the new Official Plan policy framework to t that the City clarify the transition process for ters on a lot. For the purposes of this section, existing ic regulation that applies to the subject lands and we Section 4.3 (Bonusing) of the Final Draft continues to restrict uation that potentially applies to other large sites that will be Comment Summary3) Requesapproved minor variances as each component is passed separately by Council.Feb 15, 2019It was our understanding that a Mixed Use Zoning Category was no longer proposed for the lands and that the lands wbe considered through the future residential zoning process. Through FANZ we understand that the lands are now proposed to be zoned MIXSpecific Regulation 576R(M) carries forward the existing site specifsupport the inclusion of this regulation. Our concern with the MIXwhich applies to Multiple Dwellings and reads: A cluster townhouse dwelling and a multiple dwelon a lot containing a nondwelling and a multiple dwelling are not permitted in a building fronting a street. The above regulation is concerning given the recent development of the site for stanuses, including a multiple dwelling fronting a street. Request that the site be included in a residential zoning category as previously discussed, or alternatively that the site specific regulation be amended to allow multiple without the requirement for on1) No objection to the proposed modification of 104R in the Final Draft.2) subject lands is proceeding in phases, Section 4.3 d) of the proposed zoning bylaw would negate the ability to include the community facilities provided in the first phase in the bonus calculations when the second phase is developed. This is a sitdeveloped in phases, both now and in the future. Consider modifying Section 4.3 d) in the Zoning byor matshall mean legally existing on the day the bonusing provisions b. This modification would allow all developments that came into existence achieve density bonusing through the implementation mechanisms in the new Zoning By Commenter Written: May 8, 2018Addition written comments following further application of new zoning:Feb 15, 2019Dan Currie, MHBC Planning 85 Charles Street & 25 Water Street Written: May 8, 2018 #84 1 - 54 law or - - e regulations of to stipulate that 1 is residential uses abut the façade for the - evised 8.2 (2) to clarify that dwelling units Corresponding Change in Final ByFurther Action Changes:Revised Class A parking requirement for cluster townhousesrequired per dwelling unit without a private garageRevised regulation 8.2 (1) so not applicable to multiple dwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freestanding. R(including amenity areas and access) may be located on the ground floor provided that nonentire length of the façade, except for access. Revised 8.3(1) so that all thall MIX zones contained in Table 8.2 are not applicable to existing buildings and structuresDeleted provision 4.6. - ons law prior to the - law to require that - necessary to have buildings or new portions of d using only that portion of the building would never be rounded down to 0, but rounded to 1. law Amendment applications and minor variance applicati - Staff Response (provided in individual response letters) 1 and 2) Staff will be recommending that Council declare by resolution, in accordance with Section 10.0.0.2 and Section 45 (1.4), to permit all Zoning Bysubmitted to amend/seek variance from the new zoning bysecond anniversary of the day on which it was passed. 3) There is no requirement in the proposed zoning bycluster townhouses provide garages, as such, it isClass A parking stall requirements to ensure the provision of parking for bicycles.4) As per proposed 5.5 b), where the calculation results in a fraction, the requirement shall be the next higher whole number. As such, the requirement 5) Staff revised regulations from the first draft to the final draft zoning bychange facilities) are only required for newbuildings. Please refer to 5.4.a).6) 2.3 b) i) stipulates how FSR will be calculated where two zones apply to a lot. 'Where two or more zones apply to a lot, the following shall apply: i) floor space ratio shall be calculatefloor area and only that portion of the lot area within each zone;'7) Floor Space Ratio (FSR) is a measurement of the massing of a building on a lot. It is important to include all areas of a building above grade r vices or for their xxx prior to the - law Amendment law law -- - y specific basis within the - residential uses, consideration be portions of buildings that were not - 1 provides clarification on how FSR will be - law 85 - 3, no Class A Bicycle Parking is required at cluster townhouses should not have Class A - residential property year time period. - - Comment Summary3) Recommend that the city continue specifying the bonus value of community benefits and corresponding facilities, sermatters4) Recommend that City return to a system of bonus values based on floor area ratio since they believe FAR introduces and inequity between large and small parcels. Through FAR for a small lot than it is for a large lot.1) Ask that consideration be given to preparing a recommendation to Council to the effect that Section 34 (10.0.0.1) does not apply to all Zoning Bapplications submitted to amend Bylaw 20xxsecond anniversary of the day on which it was passed; and that Section 45 (1.3) does not apply to all minor variance applications. General concern is that there may be the need forvariances or zoning changes on a sitetwo2) State that further parking reductions may be warranted on a site specific basis and are concerned on how Section. 34 of the Planning Act will prevent this3) State thparking stalls since they typically have private garages where the bicycles could be stored. 4) Ask for confirmation that if the GFA is under the amount set in Table 5non5) Ask that for Class A Bicycle Parking Stalls and related Indoor Shower regulations for nongiven to adding a provision that these requirements shall only be required for buildings or existing on the date of passage of this By6) Zoning bycalculated on properties with split zoning, ask that staff provide confirmation on this matter in the new by7) Request that consideration be given to excluding parking Commenter Andrea Sinclair, MHBC Planning Drewlo Holdings Inc. Voisin Development Ltd. & Incc Corp. Hallman Construction Ltd. Activa Holdings Inc. Lexington Park Real Estate HIP Developments Killam Properties Realstar Property Management #85, 86, 88, 89, 90, 91, 92, 93, 94, 99 1 - 55 law or - anniversary of the floor façade openings that Council declare by law Amendment applications and - residential. - e site, the corresponding Bonus Value law prior to the second - Corresponding Change in Final ByFurther Action Revise the maximum gross floor area requirement to apply to retail only rather than nonRevised how groundcalculatedRevised method of awarding bonusing to a hybrid approach which will equitably award bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of thwill be Floor Space Ratio. If the scale or cost of a given Community Benefit is not fluid based on the size of the site, the Further Action:Staff recommending resolution, in accordance with Section 10.0.0.2 and Section 45 (1.4), to permit all Zoning Byminor variance applications submitted to amend/seek variance from the new zoning byday on which it was passed. ds se. - law, staff - vided in residential u - e ratio. If a parking use buildings on lan - ntended to set a minimum proposed MIX zones, for the 2) so it is not applicable to multiple standing. 8.2 (1) will still apply to - law are i - law. - larification that only the portion of buildings located g amounts of pedestrian activity. Currently, it is important r consideration, staff intend to remove this regulation in e proposed COM zoning to apply the maximum gross floor and the street, having buildings or primary facades that are more law, staff will revise regulation 8.2 (law. These include regulations about having a portion of the buildings -- Staff Response (provided in individual response letters) (regardless of whether it is used for parking) on a lot to ensure that the entire mass of a building is captured. Staff is of the opinion that revisions to the definitions relevant to floor space ratio from the first draft to the final draft provide the cabove grade are included when calculating building floor area and therefore floor space ratio. If a parking structure is located below grade, it is excluded from the building floor area and floor spacstructure is located above grade, it is included in building floor area and floor space ratio.8) In order to maintain direct vehicular access to and from parking spaces, staff will not be recommending that parking spaces can be protandem for privately owned buildings. Development applications can be submitted to consider such parking scenarios for private properties and be considered on their own merits.9 and 10) There is a strong desire to have mixedproposed to be zoned MIX to provide for uses that encourage an active streetscape and pedestrian activity. However, multiple dwellings are a permitted use in the proposed MIX Zones. In the proposed final zoning bydwellings, thereby not requiring them to be located within a mixed use building and allowing them to be freeonly permit multiple dwellings on a lot containing a non8.2 (1) will be revised to clarify that dwelling units (including amenity areas and access) may be located on the ground floor provided that nonresidential uses abut the façade for the entire length of the façade, except for access. 11) Upon furthethe proposed final zoning by12) An important aspect of properties designated and zoned for mixed use is that they are in existing or planned transit areas with the intent of having increasinto include regulations that are aimed at facilitating and achieving a built form that is transit and pedestrian oriented. The built form/design related regulations that are to be included in the most part, are currently contained in the MU zones in the existing zoning bytowards the front lot line, not having large parking areas between the building than one storey in height and ensuring that there are primary entrances, openings and windows along a building frontage. Regulations of this type included in the proposed zoning bydirection and options for how to go beyond these minimum standards.13) Upon further consideration, in the proposed final zoning bywill revise th s 2) - and -- alone - residential use - residential uses (Table 9 - residential caps applied to the er permitting tandem parking spaces - alone culture townhouses and stand - ies in the Official Plan. to applying to retail uses. Do not object to a and/or eliminated with consideration taking place in Comment Summarystructures from the FSR, or at a minimum suggest the definition located 50% or greater below grade.8) Request that staff considin privately owned buildings9) In MIX zone, in relation to multiple dwellings, they ask staff to confirm that standmultiple dwellings are permitted, provided nonare also contained on the same lot. We ask that consideration be given to deleting the second part of regulation (1).10) Request that staff delete regulation (2) such that standalone residential can be implemented as contemplated by the Mixed Use polic11) Concerned with section 4.6 which states that Cluster townhouse dwellings, multiple dwellings, and mixed use buildings shall have an entrance on the ground floor for all façades abutting a street. They believe it would be more appropriately be dealt with through design guidelines.12) Concerned with minimum ground floor façade width of 50% since they can be difficult to achieve for buildings with primary access located internal to the site. Suggest these requirements be reduced the context of a site plan approval process and/or design guidelines.13) Concerned that the nonCommercial Zones apply to all nonas opposed maximum retail gross floor area for sites where Retail Commercial Centers are not permitted, however other nonresidential uses such as office, personal service, restaurant, should not be included in this cap.14) Recommend that the city continue specifying the bonus value of community benefits and corresponding facilities, services or matters15) Recommend that City return to a system of bonus values based on floor area ratio since they believe FAR introduces inequity between large and small parcels. Commenter 20 Crestview Place VIVE Development Written: May 8, 2018 # 1 - 56 to be law or - Corresponding Change in Final ByFurther Action Change:Corrected referencing error.Change:Revised site specific provision (31) to confirm that all lands affected by the provision (sunrise centre) are deemedone lot for the purpose of calculating gross floor area and landscaped area.Revised minimum requirement for Class B Bicycle Parking to 1 space per 500 square metres of gross floor area for 'large merchandise retail'. law to - law, - will be ning by urs, lands currently ect to an Environmental law which will equitably - Value will be Floor Space Ratio. If ferencing error in the final draft. law. - law and this will apply to any development (i.e. - s identified in the 2014 Official Plan (OP).The intent of verlay will remain on the property in order to comply with continue to recommend a minimum landscape area of 20% as Staff Response (provided in individual response letters) area requirement to retail only.14) Thank you. It is the intent to specify the community benefits and bonus values in the new Zoning By15) Thank you for the comment. Upon further review, staffrecommending a hybrid approach in the final byaward bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of the site, the corresponding Bonusthe scale or cost of a given Community Benefit is not fluid based on the 1. Thank you. Staff will correct the re2. Thank you for your supportive comment.1) Staff confirm that the landscaped area does not include areas for parking of the access of motor vehicles. 2) The minimum 20% landscape area requirement is intended to apply to the entire commercial development known as the Sunrise Centre. Staff will revise Site Specific Provision 31 in the proposed final zoning bymake this clarification. 3) Staff willpart of the final zoning byadditions, expansions, redevelopment). Given the proposed reduction in minimum parking requirements, as redevelopment occused for parking could be utilized for additional landscaping to meeting landscaping requirements. 4 and 5) Upon further review and in recognition of the goods sold as part of 'large merchandise retail' uses, in the proposed final zostaff will revise the requirement for Class B Bicycle Parking Staffs to 1 space per 500 square metres of gross floor area for 'large merchandise retail'. Heritage System aecological restoration areas overlay is to identify lands that have the potential to have their ecological functions restored. The overlay serves as a notice that those lands identified will be subjImpact Study or other appropriate study prior to development (vacant sites), redevelopment (of all or part of existing developed sites), or site Policies. This o 1. - law (Final - law 85 - developed with parking ude areas for parking or the access of parcel or only to future development. edge that the Special Use Provision 454U on the nd the Walmart site would require 49 Class B parking k that Bicycle B parking stalls requirement only be applied Comment Summary1) Special Provision 453U c) should be modified to reference the appropriate section of the proposed Zoning ByDraft), being Section 11.3 (Regulations for Institutional (INS) Zones). Currently references 32.3.5 of Zoning By2) Acknowlsouthern portion of the property has been carried forward to the Final Draft as Site Specific Provision (74) and we would like to confirm support for this consistency. 1) Concerned about minimum 20% landscaped area requirement since in the definition it appears landscaping may include natural vegetation, surface walkways, rooftop gardens, patios, decks, playgrounds, pathways and other similar materials but shall not inclmotor vehicles. 2) Would like clarification on how the 20% landscape requirement will be calculated. Does it apply to the entire commercial development known as the Sunrise Centre or does it apply to each individual 3) Request that minimum requirement only be applied to portions of the subject lands undergoing redeveloped and not be imposed on the existing. 4) Concerned that class B parking stalls are required for all buildings astalls. Believe it's impractical to anticipate that this many bicycle parking would be required due to many of the purchases are made in large quantities and would require transport by automobile. 5) Asto portions of the site undergoing redevelopment and not be imposes on the existing site. 6) Request that city remove the Ecological Restoration Overlay from their property as the plaza is fully areas and buildings already located in the overlay, Commenter Dan Currie, MHBC Planning 547 New Dundee Road Written: May 8, 2018Oz Kemal, MHBC Planning 1400 Ottawa Street South Written: May 8, 2018 #8795 1 - 57 law or - ing to a 1 zoning. the scale or cost - law allow for a - to 0.5m and 4.5m rather 3 zoning. - ded by the Grand River Conservation Corresponding Change in Final ByFurther Action No Change:Proposed zoning consistent with information proviand with current PChanges:No longer proposed minimum parking requirements within the UGC zone, except for a minimum parking requirement of rate of 1/50 GFA for office with a GFA in excess of 4,000m2.Revised method of awarding bonushybrid approach which will equitably award bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of the site, the corresponding Bonus Value will be Floor Space Ratio. Ifof a given Community Benefit is not fluid based on the size of the site, the Changed Minimum percent of the ground floor façade openings from 70% to 65%, and revised 'strike zone'than entire ground floor façade.Modified 4m distance between façade openings so that it only applies to King Street.Change:Revise Site Specific Provision (56) in the proposed final zoning bymaximum of 12 storeys rather than 4 storeys required by the MIX - - 1 and - law 85 - sought from the law so that it iver Conservation - law. Staff are aware of the - 1 zoning. - law amendment processes, as - 2763 Ext. 2319. this matter complies with these - 621 law allow for a maximum of 12 storeys - - law on law have been selectively chosen for their - - der meeting took place February 6, 2018 ibilities to represent provincial interests with respect to UGC. Staff acknowledge the implications of including law. In those cases, relief could be - designed projects may not be able to meet all regulations - ent). The primary purpose of the comprehensive zoning by you for the comment. 6) Staff are comfortable with the design regulations in the UGC zones. - Staff Response (provided in individual response letters) 1) Your property falls within the GRCA watershed. The GRCA has delegated responsnatural hazards (flooding hazards, erosion hazards) in this area. These were based on information provided by the Grand RAuthority (GRCA). The proposed zoning of your property aligns with this GRCA information. Should you have any specific questions about the GRCA natural feature(s) on your property, please contact the GRCA at planning@grandriver.ca or 5192) The proposed zoning will remain on the property in order to comply with regarding natural hazards.1) As indicated in previous correspondence, the maximum FSR in the vision documconforms with the Official Plan. As such, staff will continue to recommend that the maximum FSR for the UGC zones be 3.0.2) Thank3Several of these exist in some form in the current Zoning Bythose in the new Zoning Byimportance to thespecific design regulations in the Zoning Byreality that wellof the Zoning ByCommittee of Adjustment or zoning byneeded. The Official Plan policies for the Urban Growth Centre expect all buildings to be of high quality urban design and including some regulations in the Zoning Bypolicies. It is the opinion of staff that the design regulations included in the UGC Zones are of highest priority, and engraining them in the Zoning Bylaw ensures stronger adherence than guidelines do.Additional stakehol1 and 2) Upon further review, staff will revise Site Specific Provision (56) in the proposed final zoning byrather than 4 storeys required by the MIX - ply ing and 1. - specific solutions - ade width as a percent of ould not meet many of the in favour of site assumption has to change since a maximum 4 storeys permitted in the MIX pportive of the parking regulations proposed for at the UGC Zones prescribe minimum and maximum Comment Summaryelevated with fill long before they took possession of the property. States the GRCAsignificant portion of the property does not have the risk of flooding due to the elevation. 2) Opposed to the new proposed zoning of NHC1) Maximum FSR of 3 for the downtown is too low given the role the Downtown plays in our community and in the new regional transportation system and is an underutilization of Downtown property. Many recent developments in the Downtown achieve FSR far greater than what the zoning framework provides for.2) Generally suthe Downtown and the exemption for smaller buildings. 3) Note that the UGC Zones propose minimum step backs for midrise buildings and tall buildings. Request that the prescribed 3 metre stepback be removed implemented at the Site Plan review stage as directed by new urban design guidelines. Note that mid rise buildings, depending on their design, may not require stepbacks given their minimal height and scales. 4) Note thheights for podiums. Request that height should be project specific, having regard to site, neighbourhood and building characteristics rather than stipulated in the zoning. 5) Request removing the minimum facthe street line (70% to 90%), the percent of ground floor facade openings of 70% and maximum spacing of 4 metres and replaced with urban design guidelines which illustrate the principle and allow for the appropriate amount of glazfagade openings to be created based on the context and building purpose. The standards proposed are arbitrary and onerous, but the principle it is trying to implement is desirable and can be captured in guidelines. 6) Recently approved buildings wnew elements of the proposed zoning, yet they are very well designed projects.1) Concerned with the 1 zone which is inconsistent with the maximum height of 36 metres permitted in Site Specific Provision No.56.2) Request that a provision be added which exempts the development from a maximum number of storeys and simrely on building height. - Commenter Fred Wagner25 Shirk Place Written: May 8, 2018Oral: May 8, 2018Glen Scheels, GSP Group Inc. General Comments Downtown zoning and bonusing Oral: May 8, 2018Written: May 18, 2018Pieter and Catherine Vos, 628 New Dundee Road 628 New Dundee Road #969798 1 - 58 law or - . shall be automotive provision) and operations part of the Companion amended to reflect the modifications to subject to their review of the zoning Corresponding Change in Final ByFurther Action Change:Site specific provision (134) is proposed to be applied to the subject lands to permit retail of motor vehicles and majorrecreational equipment detailing and repair permitted.Written acknowledgement received March 11, 2019 stating land owners acceptance of proposed zoning of subject properties (schedules to confirm the application of zoning and site specific Change:The Natural Heritage Conservation land use designation in the Official Plan is proposed to be ESPA layers. Accordingly, a portion of the property will be designated Natural Heritage Conservation and the remainder of the property will be designated Low Rise Residential asOfficial Plan Amendment. Further Action: cial Plan law a site specific onsideration of a - zards and flooding oriented commercial - 1016, 1082, 1094 Wilson in the proposed EMP zoning ing by way of permitting 'retail 4 zon properties ( - al equipment' and 'automotive detailing and zones currently permit a wide range of 3 and COM - 2, COM - omprehensive Review. The Region of Waterloo is in the initial t related/supportive uses in these areas. Industrial indicated in previous correspondence, the Grand River A layers on the subject properties. Accordingly, in the proposed on May 11, 2018, staff is aware that the regional staff made Staff Response (provided in individual response letters) 1) As indicated in previous correspondence, the existing industrial (M) zones and business park (B)industrial and commercial uses. To align with updated Provincial legislation regarding industrial employment areas, the City has updated its Official Plan to permit only industrial employment and industrial employmenEmployment Areas are not intended for destinationand retail uses. Accordingly, the Business Park Employment and General permitted use in the Commercial land use designation and in the proposed COMof motor vehicles and major recreational equipment' and 'automotive detailing and repair operation'.2) It is staff's opinion that including a "sale, rental, service, storage or repair of motor vehicles" as a permitted useor amending the Official Plan to do so would constitute a conversion of industrial employment lands and that is not within the scope of CRoZBy nor permitted to be considered by Kitchener Council outside of a Regional Municipal Cstages of undertaking a Regional Municipal Comprehensive Review and an employment strategy and assessment of lands will be completed as part of this. Please contact Regional Planning Staff for cconversion and to be involved in the review process.Staff will be recommending that in the proposed final byprovision be applied to the subject lands to permit existing 'retail of motor vehicles and major recreationrepair operations'. Following the site visit to the subject Ave) modifications to their Significant Woodlands and Environmental Sensitive Policy Area (ESPA) layers around the Wilson Ave area. Consistent with what staff Conservation Authority (GRCA) has confirmed that portions of the subject properties are within the GRCA regulated area and further, reiterate that no modifications to the delineation of slope erosion hahazard are supported. Staff can confirm that we are in receipt of the updated Significant Woodlands and ESPA layers and data from the Region of Waterloo on July 24th. Below, Figure 1, shows the modified Significant Woodlands and the ESP financial impact adding automotive established residential use, the - Comment Summary1) Concerned that proposed zoning does not allow for automotive sales function to continue on these properties2) Proposed that Committee either include sales in business parks or adopt an OPA to create special policies for Victoria Street and Shirley Drive to permit automotive dealerships.1) Opposed to NHC zoning and are concerned with how the zoning will impact: the longintended use to maintain residential use; the with the resale value, the lack of permitted uses, the insignificance of the woodlot and the appropriateness of the boundaries between zones.2) Request that planning staff complete site inspections 2380 - Commenter Written: May 8,Glenn Scheels, GSP Group Inc. 2340Shirley Drive, 2385 Shirley Drive, 125 Centennial, 1800 Victoria St. NOral: April 30, 2018Larry & Monica Himmelmann 1094 Wilson Avenue Oral: April 30, 2018 #99100 1 - 59 law or - ion and the icial Plan Amendment. ct the modifications to the 1) zoning will be applied to the - Corresponding Change in Final ByFurther Action In a future phase of CRoZBy, residential zoning and Natural Heritage Conservation (NHCproperty to correspond with the Low Rise Residential land use designatNatural Heritage Conservation land use designation land use designation Change:Revised definition of Commercial Entertainment to include accessory retailWhere appropriate, changed wording in definitions from 'may include' to 'can include'Change:The Natural Heritage Conservation land use designation in Official Plan is proposed to be amended to reflelayers. Accordingly, the Natural Heritage Conservation land use designation will be removed from 1016A and the property will be designated Low Rise Residential as part of the Companion OffFurther Action:In a future phase of CRoZBy, Residential zoning will be applied to the property to correspond with the Low Rise Residential land use. - 11 -- ooding HC 1) Zone will 1) Zone will -- properties in 1) will still be in - ion of the NHC law 85 - 1016, 1082, 1094 Wilson law and consulting on the - law is applicable to all - 2) zoning on the subject properties will law (Zoning By - - e properties no longer proposed to be law, staff will recommend that the land use - previous correspondence, the Grand River the subject properties. Accordingly, in the proposed pace Zone (P Law. - future component of CRoZBy that will consist of adding law, the Natural Heritage Conservation (NHClaw, the Natural Heritage Conservation (NHC -- bled in Spring 2018 any require permits from the GRCA prior -stakeholder meeting took place November 21, 2018 on May 11, 2018, staff is aware that the regional staff made Staff Response (provided in individual response letters) final Zoning ByWoodlands and ESPA layers. Therefore, the delineatzone will be revised, but will still apply to the extent shown in green in Figure 1. Further, the slope erosion hazard (brown line) and flooding (blue line, hatched) hazard overlay will continue to apply as delineated in the final draft tato any development. As part of the Official Plan Amendment being done as a companion to the proposed final Zoning Bydesignation for the portions of thzoned NHCconsidered in aresidential (RES) zones to the new Zoning Byapplication of the RES zones to properties designated residential. Until such time as the new Zoning ByKitchener, the existing Zoning Byeffect and will be applicable to lands not included in the new Zoning Bylaw. Therefore, until such time as new residential zoning is considered, the existing Open Scontinue to apply on the portions of the properties that are not included in the new Zoning ByAdditional Staff will revise the definition of commercial entertainment to include accessory retail.Confirm that site specific provision (76) proposed to apply to the property definition of amusement park includes a water park.Following the site visit to the subject properties (Ave) modifications to their Significant Woodlands and Environmental Sensitive Policy Area (ESPA) layers around the Wilson Ave area. Consistent with what staff indicated inConservation Authority (GRCA) has confirmed that portions of the subject properties are within the GRCA regulated area and further, reiterate that no modifications to the delineation of slope erosion hazards and flhazard are supported. Staff can confirm that we are in receipt of the updated Significant Woodlands and ESPA layers and data from the Region of Waterloo on July 24th. Below, Figure 1, shows the modified Significant Woodlands and the ESPA layers on final Zoning ByWoodlands and ESPA layers. Therefore, the delineation of the Nzone will be revised, but will still apply to the extent shown in green in Figure 1. Further, the slope erosion hazard (brown line) and flooding (blue line, hatched) hazard overlay will continue to apply as delineated in the established residential use, the - ale value, the lack of permitted uses, the 1) Opposed to NHC zoning and are concerned with how the zoning will impact: the longintended use to maintain residential use; the financial impact with the resinsignificance of the woodlot and the appropriateness of the boundaries between zones.2) Request that planning staff complete site inspections Comment Summary1) Desire to continue to ensure current permitted uses on the property are carried forward Commenter Paul Britton, MHBC Planning Bingemans Oral: April 30, 2018Scott Mackenzie 1016B Wilson Avenue Oral: April 30, 2018 #101102 1 - 60 law or - land use dment. 1) zoning will be applied to the - Corresponding Change in Final ByFurther Action Change:The Natural Heritage Conservation land use designation in the Official Plan is proposed to be amended to reflect the modifications to tESPA layers. Accordingly, a portion of the property will be designated Natural Heritage Conservation and the remainder of the property will be designated Low Rise Residential as part of the Companion Official Plan AmenFurther Action:In a future phase of CRoZBy, residential zoning and Natural Heritage Conservation (NHCproperty to correspond with the Low Rise Residential land use designation and the Natural Heritage Conservationdesignation land use designation in - 1 - 1) Zone will - sist of adding 1) will still be in 1) will still be in -- Grand River rom the GRCA prior law 85law 85 dingly, in the proposed -- 1016, 1082, 1094 Wilson law and consulting on the law and consulting on the -- no longer proposed to be law is applicable to all properties law is applicable to all properties in -- 2) zoning on the subject properties will law (Zoning Bylaw (Zoning By - -- onent of CRoZBy that will consist of adding law, staff will recommend that the land use law, staff will recommend that the land use ning By -- t will still apply to the extent shown in green in ng 2018 any require permits from the GRCA prior Law. - law, the Natural Heritage Conservation (NHC - -- on May 11, 2018, staff is aware that the regional staff made ed NHC Staff Response (provided in individual response letters) final draft tabled in Sprito any development. As part of the Official Plan Amendment being done as a companion to the proposed final Zoning Bydesignation for the portions of the propertieszoned NHCconsidered in a future compresidential (RES) zones to the new Zoning Byapplication of the RES zones to properties designated residential. Until such time as the new Zoning ByKitchener, the existing Zoning Byeffect and will be applicable to lands not included in the new Zoning Bylaw. Therefore, until such time as new residential zoning is considered, the existing Open Space Zone (Pcontinue to apply on the portions of the properties that are not included in the new Zoning ByFollowing the site visit to the subject properties (Ave) modifications to their Significant Woodlands and Environmental Sensitive Policy Area (ESPA) layers around the Wilson Ave area. Consistent with what staff indicated in previous correspondence, theConservation Authority (GRCA) has confirmed that portions of the subject properties are within the GRCA regulated area and further, reiterate that no modifications to the delineation of slope erosion hazards and flooding hazard are supported. Staff can confirm that we are in receipt of the updated Significant Woodlands and ESPA layers and data from the Region of Waterloo on July 24th. Below, Figure 1, shows the modified Significant Woodlands and the ESPA layers on the subject properties. Accorfinal Zoning ByWoodlands and ESPA layers. Therefore, the delineation of the NHCzone will be revised, buFigure 1. Further, the slope erosion hazard (brown line) and flooding (blue line, hatched) hazard overlay will continue to apply as delineated in the final draft tabled in Spring 2018 any require permits fto any development. As part of the Official Plan Amendment being done as a companion to the proposed final Zoning Bydesignation for the portions of the properties no longer proposed to be zonconsidered in a future component of CRoZBy that will conresidential (RES) zones to the new Zoning Byapplication of the RES zones to properties designated residential. Until such time as the new Zoning ByKitchener, the existing Zo the appropriateness of the established residential use, the - zoning and are concerned with how the Comment Summary1) Opposed to NHC zoning will impact: the longintended use to maintain rge residential use; the financial impact with the resale value, the lack of permitted uses, the insignificance of the woodlot and boundaries between zones.2) Request that planning staff complete site inspections Commenter Dave Thompson 1016D Wilson Avenue Oral: April 30, 2018 #103 1 - 61 law or - a hotel. to allow for a commercial 3 zoning to permit3 zoning to convenience -- hotel the site, the corresponding Bonus Value Corresponding Change in Final ByFurther Action Change:Site Specific Provision (135) proposed to apply to property school to include the existing elementary schoolChange:Revised method of awarding bonusing to a hybrid approach which will equitably award bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of will be Floor Space Ratio. If the scale or cost of a given Community Benefit is not fluid based on the size of the site, the Change:Revised COMAmend lands designated Commercial and located within Arterial Commercial Corridors to permit Change:Amend lands designated Commercial and located within Arterial Commercial Corridors to permit convenience retailRevised COMretail - law, - law to - - vate perties will 3 zones. - 6 which - However, staff will cial and located within law which will equitably e Floor Space Ratio. If - 3 zoning. - - 3 zoning. - law that a site specific - ty to allow for a commercial 2) zoning on the subject pro - Law. - law will come into effect on the day that it is passed and - law in error. Staff will revise the proposed final by - - mmending a hybrid approach in the final by not be retroactively dated. Staff Response (provided in individual response letters) effect and will be applicable to lands not included in the new Zoning Bylaw. Therefore, until such time as new residential zoning is considered, the existing Open Space Zone (Pcontinue to apply on the portions of the properties that are not included in the new Zoning ByStaff confirm that the subject property is currently zoned Cpermits an educational establishment. In the proposed new zoning bySection 3. In implementing the Commercial land use designation of the new Official Plan (2014), the proposed COM zoning does not permit an include an adult education school, elementary school, secondary school or posttherefore not permitted in the proposed COMrecommend in the proposed final zoning byprovision be added to the subject properschool to include the existing elementary school.1) Thank you for the comment. Upon further review, staff will be recoaward bonus values by taking into account varying lot sizes. If the scale or cost of a given Community Benefit is fluid based on the size of the site, the corresponding Bonus Value will bthe scale or cost of a given Community Benefit is not fluid based on the 2) The Zoning Bywillof the zoning byStaff will recommend that the Official Plan be amended to permit convenience retail on lands designated CommerArterial Commercial Corridors and therefore permit in COM lower law is - 2 which would law used FSR to - - conforming which could - ity depending on the size of the site. - - Comment Summary1) Opposed to property being rezoned COMprohibit educational establishments.2) Currently there is a private school operating on thelevel of the building and the proposed zoning would render the private school use as legal nonjeopardize their licensing3) Asks that a site specific provision be considered to permit the educational use1) States that the first draft of the Zoning Bycalculate bonusing and they believe this mechanism is more equitable than what is currently proposed. Believes current proposal creates an inequ2) Asks that staff consider that when the Zoning Bypassed, it is retroactive to the date which the Official Plan received final approval. 1) Concerned since COMuse for the property which would have adverse impacts for the property owner.1) Stated that COMto permit that use. - 4233 King - Commenter Brandon Peister 3328 King Street East Oral: May 8, 2018Dan Currie, MHBC Planning General Comments Bonusing Oral: May 8, 2018K. Patel 4521 King Street East Oral: May 8, 2018Scott Patterson, Labreche Patterson 4195Street East Oral: May 8, 2018 #104105106107 1 - 62 law or - 1 zoning. - 1 zoning consistent with - Corresponding Change in Final ByFurther Action Change:Slope Erosion Hazard Overlay updated to reflect the GRCA revised mapping.No Change: Proposed EUFinformation provided by the Grand River Conservation and with current E eir ion 150/06. 1 are subject to - ply to lands that are 1) no person shall - 1 ap Law since January 24, - - 1/EUFlterations to Shorelines - mapping. The limits of the - 1 Zone for outdoor storage, - 1/EUF - ts. Under Regulation 150/06, t aggravate existing flooding law is 30 years old and requires an - 1. The E - er to prevent the creation of new hazards r the current By law (85 imit the extent of all of the areas regulated by the Regulation. law will be updated to reflect the GRCA revised mapping. - trailer. - The - 1 zone and the Slope Erosion Hazard Overlay in the final proposed - 1 zone is being renamed EUF - Staff Response (provided in individual response letters) Staff confirm that the GRCA has updated their EUFZoning ByThe E1994.update as a result of the new Official Plan. As part of this update, some existing zones and uses are being renamed or reclassified. The existing Elocated within the floodway as determined by the Grand River Conservation Authority (GRCA) where there is existing development subject to flooding hazards. The purpose of this Zone is to recognize existing uses and development, and nohazards or create new ones, and to reduce the risk to life and property in the event of flooding.In addition to the Zoning By law, lands zoned EGRCA Policies for the Administration of Ontario RegulatRegulation 150/06 allows the GRCA to prevent or restrict development in areas where the control of flooding, erosion (slope erosion and slope valley), dynamic beaches, pollution or the conservation of land may be affected by development, in ordor the aggravation of existing ones.Areas regulated under Ontario Regulation 150/06 have been mapped according to the criteria and standards outlined in the GRCA Reference Manual Determination of Regulation Limisome properties in the watershed that were previously regulated are no longer regulated while some other properties that were not regulated before may now be regulated. It is important to note that existing mapping does not delPolicies for the administration of the Regulation are provided in the Grand River Conservation Authority Policies for the Administration of the Development, Interference with Wetlands and Aand Watercourses Regulation available at www.grandriver.caPermitted Uses under the current By law (85proposed By law. Also, undeuse any land in whole or in part within an Edisplay for sale or to the parking of the trailer component of a tractor trailer or semi law - Comment Summary1) Requests that Council delay approval of the Zoning Byuntil GRCA has completed their updates to the mapping of the area for hazard lands. 1) Advised that they own a vacant parcel of land that is proposed to be zoned EUF which would make the parcel undevelopable. w Commenter Ken Murphy 153Bloomingdale Road Oral: May 8, 2018AndreGastmeier 20 Bridge Street Oral: May 8, 2018 #108109 1 - 63 law or - Corresponding Change in Final ByFurther Action property, therefore the uses are not currently permitted nor will Staff Response (provided in individual response letters) subject they be permitted in the proposed By law.The proposed zoning will remain on the property in order to comply with regarding natural hazards. Comment Summary Commenter # 1 - 64 3 2 - - law or - 1 zoning delineation. - Corresponding Change in Final ByFurther Action No Change:Confirmed that the current use of the property is permitted in the proposed EMPzone. Change:Revised maximum building height in COMto 25m for a mixed use buildingChange:Official plan amended to correspond with the NHC dors are also Heavy Industrial 3 was revised to add - in previous correspondence, law to implement the new - commercial uses will no longer be law, the EMP - law, staff will be revising the maximum - nt use of the property is permitted in the 2 zone from 15 metres to 24 metres for - 3 zone. - Supply and Service'. Staff note that from the first draft to the he City has updated its Official Plan to permit only industrial and perty and not the entire property. Staff Response(provided in individual response letters) 1 and 2) As indicated in previous correspondence, based on the description of your business provided, staff consider the use 'Major Equipment final draft of the proposed zoning by'Major Equipment Supply and Service' as a permitted use as it was deemed it was an appropriate use in implementing the Employment land use designation. 'Major Equipment Supply and Service' is defined as the use of a premises for the service, repair, and sale of farm, construction, and large business machines; and commercial vehicles. Accordingly, the curreproposed EMPAs the City proceeds with a new zoning byOfficial Plan (2014), the current zoning cannot remain as is where it is not consistent with the Official Plan. As indicatedstaff recognize that the existing industrial (M) zones and business park (B) zones currently permit a wide range of industrial and commercial uses. However, to align with new Provincial legislation regarding industrial areas, tindustrial related/supportive uses in these areas. This will ensure that these areas are utilized for primarily industrial uses and, to achieve this, residential and institutional and mostpermitted. These uses are not proposed to be removed only to the subject property; they are being removed from all industrial areas.1 and 2) As per policy 3.C.2.39, lands within Urban Corriintended to be designated Commercial. As such, staff will not be recommending that the land use designation or the proposed zoning of the subject proposed be revised. 3) In the proposed final zoning bybuilding height in the COMbuildings containing dwelling units. 4) Staff confirm that the regulations pertaining to the ecological restoration areas are only applicable to lands in which the overlay apply on the proStaff confirm that as part of the companion Official Plan Amendment for CRoZBY, the Natural Heritage Designation in the Official plan mapping will be updated. he 2 zones since - 2 would help to better - 2 zone remains, that a site specific - 1 zone aligns with the recently - 2 zone is an underutilization of the - M that current zoning remains site plan and ask that the Natural Heritage vision be added to permit a maximum building height of 8 Comment Summary1) Want to ensure 2) That if they wish to sell the property, they can sell it zoned as it currently is.1) Request that the properties be zoned as MIXthey believe the COproperty. 2) Believe that zoning the lands MIXOfficial Plan.3) Request that if the COMprostoreys.4) A small portion of the rear of the property has been identified within the Ecological Restoration Area Overlay. Request that Staff consider the interpretation that the implementation of tredevelopment and/or site alteration would relate to works specifically in the area within the overlay and not on other portions of the land. 1) Satisfied that the NHCapproved Designation in the Official Plan be updated to correspond with the zoning map.2) Alternatively, they request that confirmation be given that the Official Plan designation is interpreted to coincide with the moredetailed zoning map and the approved site plan. Commenter DetailsJohn and Jeff Kirby, THE KIRBY INTERNATIONAL TRUCKS LTD GROUP OFCOMPANIES 44 &48 Ardelt Avenue, 21 Ardelt Place Written: May 9, David Aston, MHBC Planning 3171&3163 King Street East Written: May 9, 2018 Dave Aston, MHBC Planning 1000 Lackner Written: May 9, 2018 #111112113 Received After Statutory Public Meeting 1 - 65 law or - - residential - f non the property is residential gross - Site specific provision residential. Accordingly, - a of 14,000 m2. um percent of non nge: Corresponding Change in Final ByFurther Action ChaRevised 8.3(1) so that all the regulations of all MIX zones contained in Table 8.2 are not applicable to existing buildings and structuresAdded regulation to exempt individual buildings from achieving the minimum floor space ratio, minimum percent oresidential gross floor area and minimum percent of residential gross floor area where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio, minimfloor area and minimum percent of residential gross floor area.Site specific provision (63) revised to clarify that the existing 11,890.8 m2 woodlot be conserved and maintained and to stipulate that the minimum FSR for0.53.Revised the maximum gross floor area requirement in MIX zoning to apply to retail only rather than nonremoved provision in (63) stipulating a maximum nongross floor are 1, - - law. - law staff will - law, staff will - 3, the entire lot area, - 1) not only applies to MIXty is 0.53 in recognition that , the existing and proposed law, unless otherwise - spondence, the existing special 3. Therefore, the regulations within Table 8.2 will - 2 and MIX - the woodlot, would be used in determining the FSR of the site. rder to avoid confusion, staff will recommend that the proposed Site 4) As indicated in previous corre Staff Response(provided in individual response letters) 1) Thank you for the supportive comment. 2) Thank you for the supportive comment. 3) All regulations in the final draft zoning bystipulated, apply to any development (i.e. additions, expansions, redevelopment) on the property. In the proposed final byrevise the MIX zoning so that Regulation 8.3 (but also MIXnot apply to existing buildings on the subject property. New buildings will be required to meet the regulations. regulation requires the consolidated landscaped treed area to be provided and maintained at the corner of Strasburg and Block Line. It is staff's position that the zoning requires the entire wooded area to be preserved. In oSpecific Provision (63) be revised to clarify that the existing 11,890.8 m2 woodlot be conserved and maintained in the proposed final by5) As indicated in previous correspondencedefinitions of FSR require that the entire lot within each zone be used as the lot area for the purposes of calculating FSR. As this property, including the woodlot, is proposed to be zoned MIXincluding However, upon further consideration, in the proposed final byrecommend that the proposed Site Specific Provision (63) be revised to stipulate that the minimum FSR for the properthe woodlot will not be included in lands to be developed. This essentially would require a minimum FSR of 0.6 on the portion of the lot that does not have the existing woodlot. 6) Thank you for the supportive comment. law - ng law proposes the - s and the implications at a set area. This is ved. If it is determined that the ents challenges to achieving the ance with all zoning by law. Understand that the specified - development of the woodlot should not be ision to protect the woodlot and the history residential gross floor area of 14,000 m2. The - d that property may not be able to achieve Comment Summary2) Concerneminimum density requirements of the zone should alterations be made to the property. Supportive of transitional policies to allow for interim forms of development that demonstrate a progression towards full compliin progress development applications (Section 19 of the Final Draft). Clarification requested regarding whether certain regulations will apply to only new buildingto building height for the property. 3) Acknowledge that existing Special Regulation Provision 9R (proposed 63) has been modified to change the percent of the woodlot to be maintained to a defined square metre amount. Understand decbehind the existing special provision. Note that the woodlot is not identified as a natural heritage system, open space or natural heritage conservation area in the Official Plan; therefore, of the opinion that precluded by the zoning byarea of 11,890.8 m2 corresponds with the size of the existing woodlot and that the Final Draft zoning byentire wooded area to be conserexisting woodlot is to be protected, request a modification to Site Specific Provision (63) b) to clarify that the existing 11,890.8 m2 woodlot be conserved rather that stipulating the provision of one consolidated woodlotrequested to avoid confusion should future development option be explored. 4) Request that the woodlot be exempt from the minimum FSR calculation, noting that it reduces the developable proportion of land from the property and presminimum FSR stipulated by the MIX zoning. 5) Supportive of Site Specific Provision (63) which proposes a maximum nonOfficial Plan provides for the ability to recognize existicommercial developments that exceed 10,000 m2 that are located outside of Urban Growth Centres, Major Transit Station Areas or City Nodes. Commenter DetailsDave Aston, MHBC Planning 700 Strasburg Road Written: May 23, 2018 #114 1 - 66 law or - Commercial 2 - residential - 4 zone within existing buildings and - Corresponding Change in Final ByFurther Action Change:Revised the maximum gross floor area requirement in COM zoning to apply to retail only rather than nonRevised so that Table 9Zoning Regulations and the provisions contained in Section 5 will not apply to existing buildings or structures.Added warehouse as a permitted use in COMstructuresChange:As per the request, site specific provision (94) be applied to the subject lands rict 2 in the - storage - Table 9 law will allow a total law will allow -- storage. Accordingly, self - 4 zoning. - Plan policy 15.D.5.9, these lands were not nsive zoning review process is not meant to replace subject lands to permit the existing single detached 4 zoning is appropriate for the subject property. 4 zoning. -- 4 zoning in the proposed final zoning by4 zoning in the proposed final zoning by -- 2 Commercial Zoning Regulations in the proposed final zoning retail gross floor area of 42,000 square metres. - 4 for the subject property.4 zoning can locate within existing buildings on the subject property -- Amendment redesignate these lands and will continue to propose law and the provisions contained in Section 5 will not apply to existing Staff maintains that the Commercial Campus designation and the - Staff Response(provided in individual response letters) 1) proposed COMAccordingly, staff will not be recommending that the companion Official Plan COMThe primary purpose for proposing redesignating lands in the vicinity from Commercial Campus to Commercial is a) in recognition that in accordance with Official smaller properties to Official Plan policy 15.D.5.14 which would restindividual retail outlets to a minimal size of 1,500 square metres. A site specific provision is proposed to apply to these lands in the vicinity of the units.private development applications. These applications go through a public process and are considered on their own merits.2) The COMmaximum 3) Table 9bybuildings or structures. Accordingly, any permitted uses inCOMand comply with the COM4) The COMis proposed to be permitted on the subject property by way of the proposed COMAs per the request, staff will be proposing that site specific provision (94) be applied to the dwelling. - 2 Zone - 4 Zone - permitted use within the existing buildings Request a Site Specific Provision to allow total retail gross Comment Summary1) Request redesignate subject property from Commercial Campus to Commercial and accordingly, apply COMrather than COM2) floor area shall be 42,000 square metres3) Request a Site Specific Provision to legalize the approved existing conditions4) Request a Site Specific Provision/Zoning to allow selfstorage as a Request that site specific provision be applied to the subject lands to legalize the existing single detached dwelling. arch M Margaret ten: Commenter DetailsEric Saulesleja, Heather Price GSP Group Inc. 245 Strasburg RoadWritten: Feb 19, 2019Heather Price GSP Group Inc. 140AveWrit15, 2019 #115116 1 - 67 law law -- law or by - 2 zones. - 1.1. -- te Specific Provision (49) proposed to apply Corresponding Change in Final ByFurther Action Change:Existing zoning to remain as is within 85Further Action:Zoning of the property will be reviewed at the time of the PARTS (Planning Around Rapid Transit Stations) exercise is undertake for the Block Line Station Area. Change:Sito the property to have a minimum floor space ratio of 1 and maximum floor space ratio of 4.Revised MIX zoning so that provision 8.2(1) is not applicable to MIXChange:Existing zoning to remain as is within by85Further Action:Staff will recommend that new zoning for the subject lands be applied in a future phase of application of the new zoning in order to comprehensively apply new zoning to all lands within the PARTS Central Plan at the same time. 19. zoning bylaw ing) would not initiated 3 as this zoning is for lands designated - tion for this land use is provided in the law for approval on April 15th, 20 - uch as small repair operations and contractor or e Official Plan. However, upon further review and 1 be applied to your property at the time they - with the production of goods and materials dertaken. Further consideration of appropriate new 1. - law 85 - Staff Response(provided in individual response letters) Staff will defer applying new zoning to the subject properties and properties within the vicinity until such time as the Block Line Station Area Planning (PARTS) exercise is unzoning for the subject lands will be given as part of this exercise. Accordingly, the zoning of the lands will remain as is under current zoning byStaff will be proposing that a site specific provision be applied to the property to have a minimum FSR of 1 and a maximum FSR of 4. Our current Official Plan framework (which guides the implementing zonallow us to grant an FSR of 5. As such, consideration for an FSR of 5 would have to continue to be evaluated through an owneramendment and official plan amendment that would have a separate public process.The property will not be zoned UGCUrban Growth Centre in thin consideration of your comments, staff will no longer be proceeding with recommending that EMPrecommend the new zoning byInstead, staff intend to recommend that new zoning be applied to the property at the time that new zoning for a new category of land use, not currently found in the Official Plan, is brought forward. This land use is PARTS Central Plan. This new land use and implementing zoning will accommodate the following type of uses:Creative productive industriesRetail sales associatedOffice uses, including scientific, technological and/or communications establishments such as computer, electronic, data processing, research and development, research and developmentSome light industrial uses sservice trade usesComplementary service commercial uses such as restaurants, print shops, personal services, fitness centres, recreational facilities, daycare facilities, health clinics, veterinary servicesResidential uses where compatible Staff will continue to keep you informed of the new zoning process and will advise when staff plan to proceed with recommending approval of new zoning on your property. ehind both 2 but the FSR is - FSR 4:1 or better and all 2) - 2 to MIX - zoning. I would like to have 2 - 1 does not allow health clinic or - 3 as the lot surrounding me with the - is moving from MU Computer, Data ProcessingDay Care, Health ClinicOffice Comment Summary2) These 2 properties should be zoned the same. They are side by side and present and past uses are very similar. Manufacturing is not appropriate. 3) Our plan was to link the 2 properties for development. We have light rail up the street and apartments bproperties. We feel zoning should be residential and retail general.1) We like it not staying the same at lease.2) We would like it to have FSR 4:1 as it is now possibly higher to MIX4 with FSR 5:13) Kindly advise if the zone change can be incorporated with new changes, at least to stay withother things stay as MU1) Permitted Uses of Existing (M---2) The proposed EMPoffices which are present existing uses of the lot surrounding my lot and my present existing my lot zoned UGCclose proximity to Google this would provide a wider selection of uses. 8, Commenter Details808 Courtland Ave E & 836 Courtland Ave E Written: Feb 5, 2019525 Belmont Ave W Written: Feb 5, 2019136 Weber Street WestWritten: Feb 2019 123 Comment Submission on Further Application of New Zoning (FANZ) 1 - 68 law or - ion. 1 zoning consistent with the 1 zone. - - Provided clarification that many of 1. - Corresponding Change in Final ByFurther Action No ChangeProposed EMPOfficial Plan General Industrial Employment land Use designatNo Change:Continue to propose that property be zoned AGRthe requested uses are permitted in the proposed AGR ive d use 1 zone, - (including 2 zoning and - table following this ced by what is permitted 1 zone align with the - mit a wide range of ch property in the new law (CRoZBy) project is - Farm Diversified Use. Refer to - 1 (Neighbourhood Industrial - Property Assessment Corporation (MPAC) ost commercial uses are not being removed from Farm Diversified. General regulations for Home Occupation - 1 zoning. ly (Section 4.8). - lated based on the market value but rather the assessed value Staff Response(provided in individual response letters) 1) The existing industrial (M) zones currently perindustrial and commercial uses. To align with new Provincial legislation regarding industrial areas, the City has updated its Official Plan to permit only industrial and industrial related/supportive uses in these areas. This will ensurindustrial areas will offer unique land uses as there will be very few other areas in the City that will permit industrial uses. Please note that residential and institutional and myour property alone. These uses are being removed from all industrial areas. Many industrial uses have been renamed, or several similar uses have been consolidated into a single broad use. Please refer to the response for a comparison of using permitted in existing Mproposed EMP2) The comprehensive review of the zoning bydifferent EMP zones proposed for properties within the industrial areas. There are several factors that determine which EMP zone is most appropriate for each property. This determination is made in close consideration for the land use designation of eaOfficial Plan. Each EMP zone has a range of appropriate industrial and related accessory uses which collectively provide a full range of industrial uses across the City. This property is designated General Industrial Employment land such is proposed to be zoned EMPEmployment). The uses proposed within the EMPpermitted uses contemplated in the General Industrial Employment landesignation. Some of the uses that may present conflicts by being in close proximity to residential uses has been removed as permitted uses.3) The zoning of properties has little to no impact on the assessed value of properties. The Municipal assesses the value of properties based on as many as 200 different factors. location, lot size/dimensions, building area, age of the property any major renovations and additions) and, quality of construction. More obtained by visiting https://www.mpac.ca/PropertyTypes/ResidentialProperties. Property taxes are not calcuof the property. The market value of a property depends on a host of factors preferences. An individual purchaser may be influenon a property. The CRoZBy project is aligning uses across the City which will provide greater clarity and consistency1) While not proposed to be listed as a separate use in the AGRHome Occupation is permitted as an Ondefinition for Onwould also appPrivate home daycare is permitted as a form of home occupation in a single detached dwelling, please see general regulations on the page above. law for Agriculture - ve reduced my land/building Health Clinic, Security and Janitorial Services, - 1: - Comment Summary1) Nothing! Under the M2 zoning there were 38 allowable uses and you have now reduced it to 16. I liken it to the City telling a variety store owner that he can only open Monday, Wednesday and Friday. You havalue. 2) Allow for Vehicle Detailing3) Shall i expect a reduction in my property taxes now that the value has been reduced?1) To add permitted uses for Agriculture Zone (AGR) to include listed on the current zoning byzone Afarm equipment Commenter Details262 Breithaupt Street Written: Feb 11, 2019PT11 Plains Road (opposite 675 Plains Rd)Written: Feb 15, 2019 45 1 - 69 law or - terloo regarding the Corresponding Change in Final ByFurther Action No Change:Staff maintains that the proposed zoning of the property aligns with information provided by the Region of Walocation of Regional Core Environmental features on the property. 1) - ly, staff related - ted uses. Official Plan. An taken in support of rela - added agricultural - site accommodation - ivate wells and wastewater egion has been notified to add you to d as examples in the OMAFRA Guidelines farm diversified use and/or agriculture - means the use of a premises that includes home as on tourism uses, uses that produce value - farm diversified may include the processing or packaging of - tourism are liste -matter was heard at the OMB. The OMB determined in the law. - for farm related residential units (15.D.8.15) but would require a Farm Diversified -1 zone. - egional Official Plan (ROP) shortly. It is not known at this time how the Staff Response(provided in individual response letters) Retail sales, home occupation warehouse/assembly facilities: These uses are all contemplated uses. Please refer to the OMAFRA Guidelines. Multiple unit house, secondary house & housing for farm labour / family members: The second dwelling units are permitted and that the Official Plan providesplanning application to confirm that specified criteria is met that is farm operation warrants additional employment and that onis necessary, site can be serviced by prtreatment.2) Onoccupation, agriproducts, and retail of goods produced or manufactured primarily on the premises. Onagricultural products, food store, pet boarding, pet services establishment, restaurant, and/or veterinary services. Hotel: is not permitted, but other forms of agrisuch as farm vacation suite, petting zoo, horse trail rides, retreats. Portable house, trailer storage, camping site, RV parking: OMAFRA Guidelines are explicit that these are not agricultural uses or agricultureAccordingly, staff will not be recommending that these uses be added to the AGR1) Noted. Staff maintains that the proposed zoning of your property aligns with information provided by the Region of Waterloo regarding the location of Regional Core Environmental features on your property. Accordingwill continue to recommend that the Natural Heritage Conservation (NHCzone, with site specific provision (74) be applied to your property in the new Zoning By2) The Region has identified that they will be undertaking a review of their Rreview of the environmental component of the ROP will occur. It is anticipated that a more detailed work program that outlines the ROP Review will be available later this year. The Rtheir list of contacts to keep apprised of any ROP Review updates.3) Historic Development Proposal (Severance) In 1999 an application to sever the subject property was made to the Committee of Adjustment (B3/99 and Minor Variance A12/99). The Region requested the decision of the Committee of Adjustment be appealed to the Ontario Municipal Board (OMB). In 2000, thehearing that it would hear the land use planning merits of the case first and then make a determination as to whether to proceed to hear specific evidence on the Environmental Impact Study (EIS) underthe consent and minor variance. It was clearly established that the property was designated Open Space in Sensitive Policy Area (ESPA) as determined by the RegionOfficial Plan Amendment would be required to affect development. n which ombined with the camping site, RV parking is a lack of labor and it is difficult to find w us to construct a separate dwelling. Farm Diversified, please add: Hotel, retail, sales - Comment SummaryMultiple units house and secondary housing should be allowed. Farmers require multiple families of workers to help but currently, there workers. If multiple units and secondary houses are allowed, workers will be attracted to the living accommodations and the improved conditions. Secondly, they reduce the expenses for farmers. The land price clabor and operation fees is too high which causes a lack of profit. Many farms cannot continue to operate. The farmers can rent out the units to lessen the expenses. Lastly, with many aging farmers in Kitchener, housing should be provided farming. The second generation farmers will have their own families and they would want their own housing units. Allowing multiple units and secondary houses with multiple units will provide space for the farmbusiness in Kitchener.2) In Onoffice, warehouse, assembly facilities, on site storage, portable house and trailer storage, 1) Concerned, negatively impacted, and respectfully request that the zoning not change as proposed.2) Request that the City of Kitchener, in cooperation with then Region of Waterloo, revisit the ESPA designatiowas assigned inconsistently and irregularly. 3) A previous application to sever the property made over 20 years ago was approved and subsequently rescinded by the Region. It is our intention to revisit the option of severing the property to allo Commenter Details390 Pinnacle DriveWritten: Feb 14, 2019 6 1 - 70 law or - cific Provision (156) proposed to Corresponding Change in Final ByFurther Action Change:Site Spepermit computer, electronic, data processing, or server establishment; office; and, research and development establishment.Change: - on rial land use o the subject lands to 2 zone. Wholesaling has - l Plan. in the EMP nds. ding industrial employment areas, the dment, the request for consent to sever storage warehouses, and facilities for - al Plan (Policy 7.C.2.20) identifies that development, rough severance or plan of subdivision (or condominium) that has per Policy 7.C.2.18, all proposals for development, redevelopment or site holesaling of goods otherwise stored or manufactured within the building, Staff Response(provided in individual response letters) The Board decision (Decision/Order No. 1138) concluded that as the absence of an Official Plan Amenconsent application was refused. The OMB made no determination on the merits of the Environmental Impact Study or of the development of the laCurrent Development Potential (Severance) Official Plan and within an Environmentally Sensitive Policy Area (ESPA) as determined by the Region Official Plan. redevelopment or site alteration will not be permitted on lands designated as Natural Heritage Conservation. division ththe effect of fragmenting lands within the Natural Heritage System will not be permitted in Core Natural Heritage Features and will be discouraged in all other natural heritage features. As alteration within, or adjacent to, any features included as part of the Landscape Level System or Core Environmental Features will be reviewed in accordance with the Regional Officia1) The existing industrial (M) zones and business park (B) zones currently permit a wide range of industrial and commercial uses. To align with updated Provincial legislation regarCity has updated its Official Plan to permit only industrial employment and industrial employment related/supportive uses in these areas. Industrial Employment Areas are not intended for institutional uses or destinatioriented commercial and retail uses. Accordingly, many institutional and most commercial uses are proposed to no longer be permitted in the is proposed to be a permitted use withfollows: means the use of a building for the storage and/or distribution of goods and may include selfwbut shall not include a truck transport terminal.2 and 3) Upon further review in consideration that an office use is an employment use (albeit not contemplated in the general industdesignation but in the business park employment designation), staff will recommend that a site specific provision be applied to the subject properties to permit office use given that this use currently exists on the property.Upon further review and in consideration of your comments, staff will be proposing that site specific provision (49) be applied t 2 - 710 - differently than 2 zone excludes office space - ldings. will be expanding the self storage space on the Comment Summary1) Support a number of the proposed uses within the EMPzone, however note a number of uses are no longer permitted. Currently occupy the space as follows a self storage warehousea tenant with warehouse and office space, and; a pure office space area.2) It appears that the EMPfrom the uses. This is not acceptable and there is no other option for a portion of the existing building to be anything but office space. Removing the office use will impact the usability of the bui3) It is our intention to continue to rent the pure office space out as office space and the rest of the building will continue to be used as warehouse or self storage space with associated offices for the foreseeable future. It is expected that weproperty into a space currently occupied by a warehouse/office tenant in the next year or so. The proposed zoning changes need to take this into account and not limit our ability to operate the building any we already do. (same comments mentioned via voice message)We are planning consultants to Blaze Properties Inc. with respect to the properties municipally addressed as 696 Commenter Details409 Weber Street West Written: Feb 19, 2019Heather Price GSP Group Inc. 78 1 - 71 1 - law or - Parking, 2 zones.2 zones. 2 rather than MIX -- - ng buildings and generally do not apply to existing Corresponding Change in Final ByFurther Action Site Specific Provision (49) proposed to apply to the property to have a minimum floor space ratio of 1 and maximum floor space ratio of 4.Revised MIX zoning so that provision 8.2(1) is not applicable to MIXChange:Proposing to zone MIXRevised MIX zoning so that provision 8.2(1) is not applicable to MIXRevised so all the regulations of all MIX zones contained in Table 8.2 are not applicable to exististructures.Added provision in Section 5 Loading, and Stacking to stipulate that provisions parking space, existing loading spaces and existing stacking spaces and existing stacking lanes.No change:No change requested law and law and -- 2 with site specific provisions 2. This zone requires a minimum 2 with site specific provision -- - l new zoning bylaw staff is that the subject lands be included in the new zoning by holding provision (14H). Staff Response(provided in individual response letters) require a minimum FSR of 1 and maximum FSR of 4 (consistent with current MU Zoning FSR permissions). Accordingly, in the final new zoning bylaw staff is recommending for approval on April 15th, 2019, staff will continue to recommend that the zoning of the subject lands be MIX(49), (128), (142).Upon further review and in consideration of your comments, staff will be proposing that subject lands be zoned MIXFSR of 0.6 and maximum FSR of 2 (consistent with current MU Zoning FSR permissions). Accordingly, in the finarecommending for approval on April 15th, 2019, staff will continue to recommend that the subject lands be included in the new zoning bythat the zoning of the subject lands be MIX(148) andNo formal response provided. Comments in support of proposed zoning. 1. - law to - - law are law 85 - - law). - 2) with Site - law Further cluding the - ulations relating to (MU The Subject Property is erein about the proposed law (including the law (in -- 2 with special provisions. - or review and consultation. at this time. We may provide law. We may provide further comments - We request that the Zoning of the Subject law to a maximum FSR of 2.0 in the draft FANZ - - g By law). - Comment Summaryand 712Medium Intensity Mixed Use Corridorspecific provisions 424R and 573R in Zoning ByThe owner received correspondence from the City of Kitchener on January 21, 2019 regarding the Comprehensive Review of the Zoning Byproposed to be rezoned MIXThe proposed rezoning is of concern to the property owner because of the proposed decrease in the permitted scale of development (from a maximum FSR of 4.0 in the current ZoninByOther implications of the FANZ Bychanges to the parking requirements, definitions and other detailed regulations affecting the Subject Properties) have not been fully reviewedadditional comments once a detailed review has been completed. Property be deferred to provide additional time for proper review and consultation.I trust that the concern expressed hdecrease in FSR will be considered when preparing the final draft of Zoning Bywhen revised draft(s) of the proposed Zoning Bymade available. We request notification of any future circthis initiative. Please do not hesitate to contact me if you have any questions about the comments hereinThe proposed rezoning is of concern because of the proposed decrease in the permitted scale of development (from a maximum FSR of 2.0 in the current Zoning Bya maximum FSR of 1.0 in the draft FANZ ByOther implications of the FANZ Bychanges to the parking requirements, definitions, and other detailed regulations affecting the Subject Property) have not been fully reviewed at this time.Request that the Zoning of the Subject Property be deferred to provide additional time fIn support of proposed zoning in regards to the permissions for lot coverage and that it will allow dwellings 710 and 732 -- Commenter Details696712Belmont Avenue West Written: Feb 19, 2019Heather Price GSP Group Inc. 207 Glasgow StreetWritten: Feb 19, 20192399 Kingsway Dr 910 1 - 72 law - law or - ound Rapid ly new zoning to all 1. - Corresponding Change in Final ByFurther Action Change:Existing zoning to remain as is within by85Further Action:Staff will recommend that new zoning for the subject lands in a future phase of application of the new zoning in order to comprehensively applands within the PARTS Central Plan at the same time.Change:Existing zoning to remain as is.Further Action:Zoning of the property will be reviewed at the time of the PARTS (Planning ArTransit Stations) exercise is undertake for the Block Line Station Area. Change: in a 1. - part of the on which ll MIX zoning now captured law 85 - r outdoor street or and/o building permitted as home roposed zoning bylaw dated its Official Plan to permit landscaping similar uses have been consolidated oning is applied and approved, but will now combined with commercial entertainment posed setbacks in the proposed MIX zones and that for the purpose of (PARTS) exercise is undertaken. Accordingly, the now captured under health clinic , that is accessible from a law. - used building now captured under community facility now captured under artisans establishment is located, lot Staff Response(provided in individual response letters) Staff intend to recommend that new zoning be applied to the property future phase of application of the new zoning in order to comprehensively apply new zoning to all lands within the PARTS Central Plan at the same time. Staff will continue to recommend that the property receive Mixed Use (MIX) Zoning at the time new zensure that the proposed floor space ratio (FSR) permissions are consistent with current MU Zoning FSR permissions (minimum FSR of 1 and maximum FSR of 4).Staff will be revising the MIX zones and recommending that apermit:Many of the other uses that appear to no longer be permitted in the MIX zones have been renamed, or severalinto a single broad use. For example:occupation in accordance with Section 4.8 of punder research and development establishmentwhich has no the rooftop gardens, patios, decks, playgrounds, pathways, and other similar materials. Given the prolandscaped area can include rooftops garden, there are opportunities to achieve the minimum landscape requirement. As such, staff will continue to recommend a minimum landscape area of 15% in these zones asfinal new zoning byAs per the request, staff will defer applying new zoning to the subject property and properties within the vicinity until such time as the Block Line Station Area Planning zoning of the lands will remain as is under current zoning by1) The existing industrial (M) zones currently permit a wide range of industrial and commercial uses. To align with new Provincial legislation regarding industrial areas, the City has up - be deferred pending the outcome of the Blockline 2 has lower FSR that current zoning in place; less 2 has lower FSR that current zoning in place; less -- Comment SummaryMIXnumber of uses and landscape are 15% is too high for potential development.MIXnumber of uses and landscape are 15% is too high for potential development.We respectfully request that the zoning of lands within the Blockline Station Study Area, particularly the Subject Property, Station Area Planning exercise. 1) Concerned with loss of residential and commercial parking option. Very few business options listed under EMP1 are already in a few block radius of our block. 194 & 198 - Commenter DetailsWritten: Feb 21, 2019103, 107, and 111 Water St. NWritten: Feb 24, 201994 Weber St. West & 95 Water St. NorthWritten: Feb 24, 2019Heather Price GSP Group Inc. 859 Courtland Ave E Written: Feb 26, 2019192Breithaupt St 11121314 1 - 73 2 to law or - - 1 zones. - property be zoned INS rm to the Institutional land use Corresponding Change in Final ByFurther Action setback abuttlonger apply to EMPRevised so all the regulations of all EMP zones contained in Table 10.2 are not applicable to existing buildings and structures.Change:Applied a site specific provision to 108 Ahrens St W permitting up to 65% office within the existing building. No change:Proposing that confodesignation law - 1 zone align - 2 zoning and - very few other 2014, staff reviewed in detail - ithin the EMP permitted in existing M use designations and policies of the 1 zones. Further, the EMP zoning is also being - 1 zoning. - pportive of adding a site specific provision to the property as mpt existing buildings and structures from the regulations of y, the land use designation of the subject lands is not proposed to 2. - ximity to residential uses. Staff Response(provided in individual response letters) only industrial and industrial related/supportive uses in these areas. This will industrial areas will offer unique land uses as there will beareas in the City that will permit industrial uses.Many industrial uses have been renamed, or several similar uses have been consolidated into a single broad use. Please refer to the table following this response for a comparison of using proposed EMPPlease note that residential and institutional and most commercial uses are not being removed from your property alone. These uses are being removed from all industrial areas. The uses proposed wwith the permitted uses contemplated in the General Industrial Employment land use designation. This zone includes existing residential uses and has removed certain industrial uses that may present conflicts by being in close pro2) Upon further review and in consideration of your comments, the no longer apply to EMPrevised to exeTable 103) Please refer to the map excerpt from the Planning Around Rapid Transit Station (PARTS) Central Plan following this response to see where the The subject properties are just outside of the boundaries of the PARTS 1) Staff are suvariance approved indicated alignment with 2014 Official Plan and corresponding general industrial employment land use designation. (CRoZBy) is to implement the landPlanning Around Rapid Transit Stations (PARTS) Rockway Stations study area, the lands were not included in the final PARTS Rockway Plan. Accordinglbe changed through the implementation of the PARTS Rockway Plan. As such, staff is proceeding with recommending new zoning for this subject property to implement the land use designations New Official Plan at this time. Through the Official Plan review process 2010an Institutional designation based on a number of factors, including the in the 2) Zone - S Property at 333 Carwood Drive that would permit Concern with reduced setbacks. Comment Summary2) 3) Nothing in the current documentation states this is'Innovation District' contrary to what was verbally stated.1) A minor variance has been approved for the property that permits 65% office use (rather than the maximum permitted 25%). Would the City consider applying a site specific for this site, stating that 65% office use is permitted? Request the City consider a Site Specific Use Provision for the multiple dwelling units in addition to the uses permitted in the proposed Major Institutional (IN 25, Commenter DetailsWritten: Feb 26, 2019Sarah CodeGSP Group Inc.108 Ahrens St WWritten: Feb 2019Kristen BarisdaleGSP Group Inc.333 Carwood AveWritten: March 15, 2019 1516 1 - 74 law or - Corresponding Change in Final ByFurther Action land use permissions for lude residential uses. According, staff cannot or all of the site: r, if lands that are intended for institutional uses to meet housing targets, particularly for special 014 Official Plan than were designated in the 1994 Official Plan and the use of the site for a suitable alternative institutional purpose;acquisition of the site or a portion of it by the City for institutional or open space use, based on the park needs of the surrounding area; andthe use of the site needs or affordable housing. y 15.D.7.4 states that where a use on a site with an Institutional land a)b)c) d immediate area. City Council also identified the need to protect these Staff Response(provided in individual response letters) current use of lands, its appropriateness as an institutional site, and the presence or absence of institutional designated lands in the neighbourhood anOfficial Plan. This is a different approach than what was previously taken in the 1994 Official Plan. Ratheare designated with permissions for a residential uses, when the institutional use ceases and the property is redeveloped for residential, the institutional use in the established neighbourhood is lost athe need to have institutional sites within neighbourhoods and our in the 2permissions for residential uses in lands designated for institution were removed. proposed INS zones do not incsupport the request to add permissions for residential uses by way of a site specific zoning provision as this would not be in conformity with the Official Plan. Any change to the Official Plan institutional the subject lands should be considered through a private development comprehensive zoning review process is not meant to replace private development applications.Policuse designation ceases, the City may consider the redesignation of the site to an appropriate alternative land use designation only after examination of the following options for part Comment Summary Commenter Details 1 - 75 in lands, ves readability. property detail schedules. prototype production facilities and ange if lot line changes. ; balcony. pilot plants law. yard setbacks. ; - ries separate parking rates for each CRoZBy use is not needed on a lot or within a building containing multiple uses. constructed in accordance with and regulated by Chapter 630 unit parking rate') - would not be able have each use in Stage 1 of by provides for vertical storage of a bicycle, the minimum length may be (now called 'multi provision. consistent with building code. Provides more clarity that zone line doesn't ch law'.to be - bicycle parking stall law. Figures are being used within site specific provisions in place of - or experimentation including laborato , more clarity line stepback for more clarification within provisions where a law enabled by Official Plan Amendments come into effect - law applies to prevent the issuance of a Zoning Occupancy Certificate for a permitted use with - unit parking rate') in CRoZBy @ 1 sp / 35 GFA. Deleted Shared Parking Space Reductions. Added parking - 1 to confirm provision does not apply to fences Byapproach for different zones. - law. Defining for more clarity. - 1 - law 85 - consistent with the fact that have allowed covered decks in rear 10 square metres Following analysis of multiple plaza's in Kitchener, calculating measurement for MIX and UGG. Clarified. Otherwise, if building is built to the minimum setback, Fire Protection and Prevention Act and the Building Code A Zoning Occupancy Certificate shall be required for façade and street line façade for more clarification within provisionsstepback and street introduction of former plaza parking rate - research, investigation, testing as the term used in by . Used in re corner visibility consistent with applicable legislation. Statutory Public Meeting version less than 10 metres definition for clarity in interpretation Description of ChangeAdded provision to clarify when provisions of byAdded wording to clarify that Added wording to confirm that Nothing inbuilding, or structures established in accordance with the Transition Provisions of Section 18.Added wording to confirm that figures form part of the byAdded wording to clarify that use of n/a shall mean not applicableAdded following lot lines 'on the date of passage of this ByDeleted. Property details now contained within applicable Site Specific ProvisionsMoved provisions related to two of more zones to Section 4.17 Two or More ZonesRemove crematorium as permitted use.New definition for revised corner visibilityRevised to be Split façade into two terms Added definition for termRevised for clarity in interpretationRemove crematorium as permitted use.Added definitionAdded definitionRevised to be consistent with New term added and defined. Term used through revised stepback definitions/provisions. Added definitionAdded Added definition back in. It is needed as there are regulations pertaining to poolsSplit façade into two terms Change Added wording consistent with by(Fences) of The City of Kitchener Municipal Code.Have different Include MIX from CVT/DVT exemption.Change to 'which also' to 'or' to improve readability. Exempt from UGC and MIX Remove 'uncovered' decks to be more clarity.Added provisions consistent with 85Change so organize for requirements for ramps and stairs less than 0.6m above ground level and then above ground level. ImproChange from 'residential zone' to 'residential use'. Clarifies intent of Revised provision and illustration to confirm that reduced to 1.2 metres rather than 1.8.Add a plaza parking rate (now called 'multireductions for mixed use sites.as the parking is similar in all cases. Food Cart d) Unit Parking Rate Rise Residential - .4 Decks.4 .10 - a) 3 8 Regulation1.61.1.8Use of Tables2.3 ii)2.2.3 Property Details2.3 Limit of ZonesCemeteryCorner Visibility AreaDay Care, Private HomeFaçade/Street Line FaçadeFood CartFront Line LineFuneral HomeResidential UseLight Rail TransitLodging HouseLowManufacturingMultiNewSecond Dwelling Unit Secondary Dwelling Unit PoolStreet Line Stepback/Stepback4.14.54.5 b) c)4.5 e)4.14.14.2 4.144.144.144.16.8 d)Bicycle Parking Stall ProvisionsPlaza Parking DefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsDefinitionsG en RegulationsGen RegulationsGen RegulationsGen RegulationsGen RegulationsGen RegulationsGen RegulationsGen RegulationsGen RegulationsGen Regulations ---------------------------- SectionSection 1Section 1Section 1Section 2.1.4Section 2Section 2Section 2Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 3 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 4 Section 5Section 5 Editorial, consistency and detailed wording updates since the 2018 1 - 76 rise buildings and tall - Recent parking study provided to City law easier. 1 and PPS. Could still be limited to less if GRCA - - stepback of 3m for mid Implements OP policies for Business Park Employment 5. 2 from 2m to 0m - - er developments.inimum m scale community uses. - 4 and EMP - ore consistent with existing E Zone than EMP This is m 2 - 3. - Amend minimum interior site yard setback in MIX 3. And added clause not to permit within 250 m of any residential or school. - 3. Amend in OP - rise residential zone - 2 to 25m. - 2 and Com - height in MIX revised so that zone will not be applied within UGC or MTSA. as permitted use for EMP - No longer required given changes to OSR/REC zoningRedundant with (74). Will apply to property instead.Redundant with (49). Will apply to property instead. 2 preamble - Description of ChangeAdd as per GFA cap rather than fixed 130% parking space maximum. Makes interpretation of Zoning ByIn suburban areas, increased visitor parking requirement from 10% to 15% for any development with 80 units or less. Transportation staff shows that demand for visitor parking is closer to 15% than 10% for smallRevised stepback provisions to pertain to street line stepbacks, added provisions to require buildings where the base abuts a lowMIXAdd Community Facility to zone to service immediate building and allow flexibility for smallAmend max buildingAdd 'Place of Worship' in ComCreate a different provision for permitted accessory uses in EMPand General Industrial Employment.Amend maximum building height adjacent to residential zones from 10.5 m to 11 m.Add crematoriumModified so speaks less to urban structureLimit additions to 25% of existing ground floor building floor area. permit doesn't allow that much.Delete, Merge with Section 15, becomes OSRDelete.Delete.Delete. Parking RegulationParking MaximumsVisitor Stepback8.18.28.39.210.310.310.3PreambleEUFEntire(81)(116)(118) EMPEMPEMP COM --- - SectionSection 5Section 5Section 6, 8 and 11Section 8Section 8Section 8Section 9 Section 10 Section 10 Section 10 Section 11Section 14Section 17Section 19Section 19Section 19 1 - 77 DSD-19-049 Appendix C AMENDMENT NO. ____TO THE OFFICIALPLAN OF THE CITY OF KITCHENER CITY OF KITCHENER 1 - 78 AMENDMENT NO. ___TO THE OFFICIALPLAN OF THE CITY OF KITCHENER CITY OF KITCHENER INDEX SECTION 1TITLE AND COMPONENTS SECTION 2PURPOSE OF THE AMENDMENT SECTION 3BASIS OF THE AMENDMENT SECTION 4THE AMENDMENT APPENDICES APPENDIX 1Notice of the Meeting of Planning and Strategic Initiatives Committee of April 15, 2019 APPENDIX 2Minutes of the Meeting of Planning and Strategic Initiatives CommitteeApril 15, 2019 APPENDIX 3Minutes of the Meeting of City Council TBD 1 - 79 AMENDMENT NO. #TO THE OFFICIALPLANOF THE CITY OF KITCHENER SECTION 1 TITLE AND COMPONENTS This amendment shall be referred to as Amendment No. ___to the OfficialPlan of the City of Kitchener. This amendment is comprised of Sections 1 to 4 inclusive. SECTION 2 PURPOSE OF THE AMENDMENT The purpose of the OfficialPlan Amendment is to incorporate certain modifications to the text and schedules to support the a-law. The effect of the changes are to clarify the intent of certain policies; redesignate a number of properties to reflect the intended future use of these lands, update Bonusing implementation policies,and;modify site specific policies and policy areas. SECTION 3 BASIS OF THE AMENDMENT The effect of the amendment is to incorporate certain modifications to the text and schedules to -law. It is necessary to align the detailed review and provisions of the new comprehensive zoning by-law with the policies and mapping of the Official Plan. This Official Plan amendment is consistent with and conforms to the Provincial Policy Statement (2014),the provincial Places to Grow Act (2005) and Growth Plan for the Greater Golden Horseshoe (2017) and the Regional Official Plan (2015). SECTION 4 THE AMENDMENT 1.The City of Kitchener OfficialPlan is hereby amended as follows: a)Part D, Section b)Part D, Section 15.D.2.37 is amended by deleting c) automobile-related commercial uses; and,andby renumbering d) to c); c)Part D, Section 15.D.2.41 is deleted in its entirety; d)Part D, Section 15.D.2.59c) is amended bydeleting the words automobile-related commercial as well as thoseand replacing with the words ; e)Part D, Sections15.D.2.60and 15.D.2.61areamended by deleting themin their entirety and replacing themwith the following: Floor Space Ratiofor all new development or redevelopmentwill be 3.0. Notwithstanding the foregoing, for landsbounded by Duke Street, Eby Street, Market Lane and Scott Street andfor lands with frontage on Duke Street, the maximum Floor Space Ratiowill be 1.0 f)Part D, Section 15.D.2 is amended by renumbering Sections 15.D.2.42 to 15.D.2.68 as 15.D.2.41to 15.D.2.66; 3 1 - 80 g) h)Part D, Section 15.D.5.12 is amended by adding the following after g): i)Part D, Section 15.D.5.12 is amended by renumbering h) to l) as i)to m); j)Part D, Section 15.D.5.16 is amended by adding the following after k): k)Part D, Section 15.D.5.16 is amended by renumbering l) to n) as m)to o); l)Part D, Section 15.D.5.20 a) is amended by adding the following after iv): m)Part D, Section 15.D.12.4 c) is amended by deleting i) in its entirety and replacing it with the following: Floor Space Ratioof 2.0; n)Part D, Section 15.D.8.5 d) is amended by deleting it in its entirety and renumbering 15.D.8.5 e) to 15.D.8.5 d); o)Part D, Section 15.D.12.4 c) is further amended by adding the following after ii) . p)Part D, Section 15.D.12.30 is amended by deleting the text in the name of the q)Part D, Section 15.D.12.30is amendedby adding the following after d): e) Notwithstanding the General Industrial Employment land use designation and policies on the lands legally described as Part of Lot 31, Registered Plan 1489, more particularly described as Blocks 1-3, 7-14 and, 23 of Draft Approved Plan of Subdivision 30T-13202 (last revised July 27, 2016), municipally known as 1011and 1111 Homer Watson Boulevard, the following additional uses will also be permitted: i)canine or feline grooming and associated boarding and training; ii)commercial recreation, for Block 2 only; iii)computer, electronic or dataserver or processing establishment; iv)financial establishment; v)health office; vi)private club or lodge; vii)scientific, technological or communications establishment; viii)surveying, engineering, planning or design establishment only as an accessory use to a permitted use or located in a building used for other permitted uses, and shall not exceed 25 per cent of the gross floor area to a maximum gross floor area of 10,000 square metres;and, ix)veterinary services.; r)Part D, Section 15.D.12is amended byaddingnew Policy 15.D.12.48as follows: 4 1 - 81 110, 130 & 136 Fergus Avenue Notwithstanding the Low Rise Residential land use designation,on lands municipally known as 110, 130 & 136 Fergus Avenue,the maximum Floor Space Ratio shall be 0.85 and the maximum building height shall be 12.5mand 4 storeys. s)Part E, Section 17.E.10.5 is amended by adding the words,a Bonusing Justification Reporta where required,; t)Part E, Section 17.E.17.2 a) is amended by deleting it in its entirety and replacing it with the following: enhanced stormw u)Part E, Section 17.E.17.2 g) is amended by deleting it in its entirety and replacing it with the following: v)Part E, Section 17.E.17.2 j) is amended by deleting it in its entirety and replacing it with the following: ; w)Part E, Section 17.E.17.2 k) is amended by deleting it in its entirety and replacing it with the following: at, or equivalent to LEED standards or similarsite or building rating system; x)Part E, Section 17.E.17.2 m) is amended by deleting it in its entirety and replacing it with the following: provision of privately-owned indoor or outdoor amenity areas which are accessible to and equipped for the use by the general public for passive or active ; y)Part E, Section 17.E.17.2 n) is amended by deleting it in itsentirety and replacing it with the following: the provision of public art; z)Part E, Section 17.E.17.2 o) is amended by deleting it in its entirety and replacing it with the following: , in a variety of dwelling unitsizes,in the Urban Growth Centre (Downtown) in mixed use buildings.; aa)Part E, Section 17.E.17.2 is amended by adding the following after o): the provision of enhanced streetscape elements; q) the provision of architectural excellence; r)the provision of a food storein a multi-unit buildingor mixed use building; or s) the provision of business incubator space for a social, environmental, heath, ; 5 1 - 82 bb)Part E, Section 17.E.17.6 is a development City will require the owner to enter into one ormore legal agreements to be reg cc)Part E, Section 17.E.17 is amended by adding the following after section 17.E.17.6: complete application."; 17.E.17.8 The City may provide further guidance for the implementation of Bonusing such as dd)Part F, Schedule B: Other Information and Materials is amended by insertingthe Affordable Housing Report ee)Amend Map No. 2 Urban Structure by: i)Identifying956-962 Glasgow Street as a ff)Amend Map No. 3 Land Use by: i)Designating 956- ii)Designating 95 Fairway Road North, 99 Fairway Road North, 86 Morgan asshown on the attached Schedule ; iii)Designating 5-7 iv) shown on the attached E; v)Designating 707 Ottawa Street South, 715 Ottawa Street South, 721 Ottawa Street South, 725 Ottawa Street South, 795 Ottawa Street South, 800 Ottawa Street South, 44 Alpine Road and, 300 Homer Watson attached ; vi)Designating 35-37 Bleams Road, 45-45 Bleams Road, 81 Bleams Road, 115 Bleams Road, 44, Otonabee Drive, 45 Otonabee Drive, 60 Otonabee Drive, 63 Otonabee Drive, 70 Otonabee Drive, 120 Otonabee Drive, 130 Otonabee Drive, 146 Otonabee Drive, 154 Otonabee Drive, 160 Otonabee Drive/36 Sasaga Drive, 45 Sasaga Drive, 65 Sasaga Drive, 107 Manitou Drive, 133 Manitou Drive, 149 Manitou Drive, 209 Manitou Drive, 227 Manitou Drive, 241 Manitou Drive, 257 Manitou Drive, 277 Mannitou Drive, 299 Manitou Drive, 50 Manitou Drive, 110 Manitou Drive, 148 Manitou Drive, 262 Manitou Drive, 270-280 Manitou Drive, 300 Manitou Drive, 326- hown on the att vii)Designating 685 Fisher Hallman Road, 715 Fischer Hallman Road, PT Towerview Av PL 820 Kitchener, PT 1, 58R6858, and; PT LOT 1-3, PL820 Kitchener, PT LT 47 German Company Tract Kitchener, as in B46046 and 6 1 - 83 360874 (thirdly and fourthly), Lying W of PT9 58R10182, Kitchener ; viii)Designating 155 Westwood as shown on the attached K; ix)Designating 525 Highland Road West and,563 Highland Road West CommercialMixed Useas shown on the attached Schedule L; x)Designating 1187 Fischer HallmanRoad,Part Lot 6 Registrar's Compiled Plan 1470 Part 47 58R-13609. S/T Ease, LT127508 In Favour Of The Corporation Of The City Of Kitchener Over Pt. Of Said Lot, Being Pt. 30 On 58r-13609. City Of Kitchener. T/W Ease Over Common Elements Of Condo 423 As InWr397292and, 325 Max BeckerDrive M; xi)Designating 4 Dodge Driveand, 321Blair Creek Drive Low Rise Residential, as shown on the attached Schedule N xii)Designating 389 Pinnacle DriveInstitutionalNatural Heritage , as shown on the O; xiii)Designating 10 South Creek Drive Medium Rise Residential Mixed UseP; xiv)Designating 110 Fergus AvenueLowRise Residential Institutional, as shown on the attached Q; xv)Designating 1016A Wilson Avenue, 1016B Wilson Avenue, 1016D Wilson Avenue, 1082 Wilsonand 1094 WilsonAvenue Open Space, as shown on S; xvi)Designating aPark Employment ,as shown on the attached T gg)Amend Map No. 4 Urban Growth Centre (Downtown) by: i)Renaming Specific Policy Area 1 in the legend as shown on the attached Sched ii) hown on iii) hown on the attached Sc iv)Remaining 100 and 104 Garment StJ hh)Amend Map No. 5Specific Policy Areas by: i)Adding the lands legally described as Part of Lot 31, Registered Plan 1489, more particularly described as Blocks 1-3, 7-17and, 22-23 of Draft Approved Plan of Subdivision 30T-13202 (last revised July 27, 2016), municipally known as 1011 and 1111 Homer Watson Boulevard to Specific Policy Area 30 as shown on the attached ; 7 1 - 84 ii)Renaming Specific Pol30. 1011 Homer , as shown on the attached ; iii)Adding a new Specific Policy Area 48. 110, 130 & 136 Fergus Avenue, as s; iv)Adding additional portions of 508 Riverbend Driveto Specific Policy Area U 8 1 - 85 APPENDIX 1Notice of the Meeting of Planning and Strategic Initiatives Committee of April 15, 2019 Advertised in The Record March 22, 2019 PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED NEW ZONING BY-LAW AND A UNDER SECTIONS 22, 26 AND 34 OF THE PLANNING ACT The City of Kitchener is conducting a comprehensive review of its zoning by- Official Plan. Zoning by-laws are legal documents that divide the city into different land-use zones, specifying permitted uses (e.g. employment or commercial) and required standards (e.g. building size and location). Two STATUTORY PUBLIC OPEN HOUSES, as per the Planning Act, were held on June 10 and 11, 2014 to obtain -law. Because of the amount of information and zones being reviewed, a first draft of the new zoning by-law was tabled through a series of components beginning in March 2015. The first draft new zoning by-law was made available for public comment through eight (8) separate open houses from March 2015 to February 2019. A STATUTORY PUBLIC MEETING, as per the Planning Act, was held in two-parts on April 30 and May 8, 2018. The final draft new zoning by- verbal submissions were made directly to Council. Staff reviewed in detail and responded to the submissions and in the majority of instances, the submissions have resulted in improvements to the final by-law. -law, including mapping, and associa www.kitchener.ca/crozby, by March 22, 2019. Proposed New Zoning By-law (Stage 1) The first stage of the new Zoning By-law includes the framework of the document, the definitions, general regulations, parking requirements, and every zoning section with the exception of residential. It will apply to approximately 3,500 properties, but will not include residential properties or those areas that are, or will be, undergoing specific neighbourhood planning reviews (e.g. Secondary Plan areas, Hidden Valley, station areas, etc.). Official Plan Amendment An Official Plan amendment is being proposed to align the detailed review and provisions of the proposed new zoning by- law with the Official Plan. Specifically, the Official Plan amendment proposes to adjust the land uses in certain areas of the City (e.g.properties adjacent to commercial campus (e.g. Sunrise Centre) lands to better align with new zoning; employment lands in the vicinity of Bleams Road and Manitou Drive) and permitted uses in land use designations to better reflect the intended use of these lands in the future. The Official Plan amendment also proposes to clarify the maximum permitted floor space ratio in the Market District of downtown and clarify Planning Act Bonusing community benefits and process. Additionally, foursite specific policies (specific policy areas 9,12, 30 and 48) are proposed to be amended/added to clarify the intent of the land uses and development parameters permitted on these lands. -law and associated amendment held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters, on: Session 1 Monday, April 15, 2019 at 3:30 -5:30 p.m. Session 2 Monday, April 15, 2019 at 7:00 p.m. nd Council Chambers, 2Floor, City Hall 200 King Street West, Kitchener If you would like to speak at the public meeting, please register in advance at www.kitchener.ca/delegationsorby calling -2200, ext. 7275. Please indicate which public meeting session number you will be attending. nd Written submissions can be sent to the Office of the City Clerk, 2floor, 200 King Street West, Kitchener, ON, N2G 4G7. 9 1 - 86 Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition to, the above noted zoning by-law and/or Official Plan amendment. If a person or public body would otherwise have an ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of the zoning by-law and/or Official Plan amendment, the person or public body is not entitled to appeal the decision. ADDITIONAL INFORMATIONwww.kitchener.ca/crozby, emailing crozby@kitchener.caor by contacting the staff persons noted below, viewing the staff report contained in the agenda (available approximately 10 days before the meeting -https://calendar.kitchener.ca/council -click on the date in the calendar, scroll down & select meeting), or in th person at the Planning Division, 6Floor, 200 King Street West, Kitchener between 8:30 a.m. -5:00 p.m. (Monday to Friday). Sarah Coutu, Planner (Policy) -519-741-2200 x7069 (TTY: 1-866-969-9994) Richard Kelly-Ruetz, Technical Assistant (Policy)-519-741-2200 x7110 (TTY: 1-866-969-9994) 10 1 - 87 APPENDIX 2Minutes of the Meeting of Planning and Strategic Initiatives Committee April 15, 2019 11 1 - 88 APPENDIX 3Minutes of the Meeting of City Council TBD 12 1 - 89 1 - 90 1 - 91 1 - 92 R E 1 - 93 1 - 94 1 - 95 W 1 - 96 U R 1 - 97 1 - 98 ! 1 - 99 1 - 100 1 - 101 N 1 - 102 O S 1 - 103 B R 1 - 104 1 - 105 T S N I 1 - 106 1 - 107 1 - 108 1 - 109 AL N C A S ET R S T W 1 - 110 Appendix D New Zoning By-law available at: https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD_PLAN_CROZBY_Final_Cons olidated-Zoning-By-law.pdf 1 - 111 DSD-19-049: Appendix D – New Zoning By-law BY-LAW NUMBER 2019-01 FOR THE CORPORATION OF THE CITY OF KITCHENER Zoning By-law 2019-01 BY-LAW NUMBER 2019-01 OF THE CORPORATION OF THE CITY OF KITCHENER (To be known as the Zoning By-law of the Corporation of the City of Kitchener) WHEREAS it is desired to enact a new Zoning By-law to comprehensively deal with zoning throughout the city; AND WHEREAS this by-law is Stage One; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: City of Kitchener Zoning By-law 2019-01 Table of Contents General Scope and Administration ............................................................... 1-1 1.1 Title ........................................................................................................................... 1-1 1.2 Conformity and Compliance with the By-Law ............................................................ 1-1 1.3 Compliance with Other Legislation ............................................................................ 1-1 1.4 Application ................................................................................................................ 1-1 1.5 Validity ...................................................................................................................... 1-1 1.6 Effective Date ........................................................................................................... 1-1 1.7 Repeal of Existing By-laws ........................................................................................ 1-1 1.8 Zoning Occupancy Certificate ................................................................................... 1-1 1.9 Technical Revisions to the Zoning By-law ................................................................. 1-2 1.10 Contents of This By-law ............................................................................................ 1-2 Interpretation, Classification, and Limits of Zones ......................................... 3 2.1 Interpretation ................................................................................................................ 3 2.1.1 Word Usage .......................................................................................................... 3 2.1.2 Defined Terms ...................................................................................................... 3 2.1.3 References to Acts................................................................................................ 3 2.1.4 Use of Tables........................................................................................................ 3 2.2 Zones, Zoning Grid Schedules, and Appendices ......................................................... 4 2.2.1 Reference to Zone Categories .............................................................................. 4 2.2.2 Zoning Grid Schedules ......................................................................................... 5 2.2.3 Grand River Conservation Authority Regulated Area ............................................ 5 2.3 Limits of Zones ............................................................................................................ 5 Definitions ....................................................................................................... 3-1 General Regulations ....................................................................................... 4-1 4.1 Accessory Buildings and Structures .......................................................................... 4-1 4.2 Accessory Uses ........................................................................................................ 4-1 4.3 Bonusing ................................................................................................................... 4-1 4.4 Condominums ........................................................................................................... 4-7 4.4.1 Standard Condominiums ................................................................................... 4-7 4.4.2 Vacant Land Condominiums .............................................................................. 4-7 4.4.3 Common Element Condominiums ...................................................................... 4-8 4.5 Corner Visibility Triangles, Corner Visibility Areas and Driveway Visibility Triangles . 4-9 City of Kitchener Zoning By-law 2019-01 4.6 Frontage on a Street ............................................................................................... 4-11 4.7 Home Occupation ................................................................................................... 4-11 4.7.1 Regulations for Home Occupations .................................................................. 4-11 4.7.2 Permitted Home Occupation Uses ................................................................... 4-11 4.8 Non-Compliance as a Result of Land Acquisition .................................................... 4-13 4.9 Group Homes ......................................................................................................... 4-13 4.10 Correctional Group Homes ..................................................................................... 4-13 4.11 Location of Lodging Houses .................................................................................... 4-13 4.12 Number of Dwellings per Lot ................................................................................... 4-14 4.12.1 Second Dwelling Units (Attached) .................................................................... 4-14 4.12.2 Second Dwelling Units (Detached) ................................................................... 4-14 4.13 Permitted Projections above Height Restrictions ..................................................... 4-14 4.14 Permitted Projections into Required Yards .............................................................. 4-14 4.14.1 Architectural Features ...................................................................................... 4-14 4.14.2 Balconies ......................................................................................................... 4-14 4.14.3 Canopies ......................................................................................................... 4-15 4.14.4 Decks .............................................................................................................. 4-15 4.14.5 Heating, Ventilation, and Air Conditioning Equipment ...................................... 4-15 4.14.6 Pools and Hot Tubs ......................................................................................... 4-16 4.14.7 Porches ........................................................................................................... 4-16 4.14.8 Restaurant Patios, Decks, and Outdoor Recreation ......................................... 4-16 4.14.9 Satellite Dishes and Antennas ......................................................................... 4-16 4.14.10 Steps and Access Ramps ............................................................................ 4-17 4.15 Permitted Uses ....................................................................................................... 4-17 4.15.1 Automotive Detailing and Repair Operation, and Heavy Repair Operation ....... 4-17 4.15.2 Construction Uses ........................................................................................... 4-17 4.15.3 Drive-Through Facilities ................................................................................... 4-17 4.15.4 Food Cart ......................................................................................................... 4-17 4.15.5 Gas Station ...................................................................................................... 4-18 4.15.6 Model Home .................................................................................................... 4-18 4.15.7 Public Uses and Utilities .................................................................................. 4-18 4.15.8 Shipping Container .......................................................................................... 4-18 4.15.9 Towing Compounds ......................................................................................... 4-19 City of Kitchener Zoning By-law 2019-01 4.15.10 Temporary Sales Centre .............................................................................. 4-19 4.16 Setbacks from railways ........................................................................................... 4-19 4.17 Two or more zones on a lot ..................................................................................... 4-19 4.18 Visual Barrier .......................................................................................................... 4-20 Parking, Loading, and Stacking .................................................................... 5-1 5.1 Applicability ............................................................................................................... 5-1 5.2 Parking Provisions .................................................................................................... 5-1 5.3 Parking Space and Parking Lot Provisions ............................................................... 5-2 5.3.1 Parking Space Dimensions ................................................................................ 5-2 5.3.2 Location of Parking Spaces for Non-Residential Uses and Mixed Use Buildings 5-3 5.3.3 Location of Parking Spaces for Residential Uses ............................................... 5-3 5.3.4 Location of Parking Spaces on the Ground Floor of a Building .......................... 5-4 5.4 Driveway and Garage Provisions for Residential Uses ............................................. 5-5 5.5 Bicycle Parking Stall Provisions ................................................................................ 5-5 5.6 Minimum and Maximum Parking Space Provisions ................................................... 5-7 5.7 Parking Requirements for mixed-use buildings & Developments ............................ 5-18 5.8 Electric Vehicle Parking Space Provisions .............................................................. 5-18 5.9 Barrier-Free Accessible Parking Space Provisions ................................................. 5-19 5.10 Loading Space Provisions ....................................................................................... 5-20 5.11 Stacking Provisions ................................................................................................. 5-20 5.12 Equipment and Vehicle Storage Provisions............................................................. 5-21 Urban Growth Centre (UGC) Zones ............................................................... 6-1 6.1 Applicable Zones ...................................................................................................... 6-1 6.2 Permitted Uses ......................................................................................................... 6-1 6.3 Regulations ............................................................................................................... 6-3 6.4 Outdoor Storage ....................................................................................................... 6-5 6.5 Location of Parking Spaces and Loading Spaces ..................................................... 6-5 Residential (RES) Zones ................................................................................ 7-1 7.1 \[Reserved\] ................................................................................................................ 7-1 Mixed Use (MIX) Zones................................................................................... 8-1 8.1 Applicable Zones ...................................................................................................... 8-1 8.2 Permitted Uses ......................................................................................................... 8-1 8.3 Regulations ............................................................................................................... 8-3 City of Kitchener Zoning By-law 2019-01 8.4 Visual Barrier ............................................................................................................ 8-5 8.5 Outdoor Storage ....................................................................................................... 8-5 8.6 Location of Parking Spaces and Loading Spaces ..................................................... 8-5 Commercial (COM) Zones .............................................................................. 9-1 9.1 Applicable Zones ...................................................................................................... 9-1 9.2 Permitted Uses ......................................................................................................... 9-1 9.3 Regulations ............................................................................................................... 9-3 9.4 Visual Barrier ............................................................................................................ 9-4 9.5 Outdoor Storage ....................................................................................................... 9-4 Employment (EMP) Zones ......................................................................... 10-1 10.1 Applicable Zones .................................................................................................... 10-1 10.2 Permitted Uses ....................................................................................................... 10-1 10.3 Regulations ............................................................................................................. 10-4 10.4 Visual Barrier .......................................................................................................... 10-5 10.5 Outdoor Storage ..................................................................................................... 10-5 10.6 Location of Parking Spaces and Loading Spaces ................................................... 10-5 Institutional (INS) Zones ............................................................................ 11-1 11.1 Applicable Zones .................................................................................................... 11-1 11.2 Permitted Uses ....................................................................................................... 11-1 11.3 Regulations ............................................................................................................. 11-2 11.4 Visual Barrier .......................................................................................................... 11-2 11.5 Outdoor Storage ..................................................................................................... 11-2 Agriculture (AGR) Zones ............................................................................ 12-1 12.1 Applicable Zones .................................................................................................... 12-1 12.2 Permitted Uses ....................................................................................................... 12-1 12.3 Regulations ............................................................................................................. 12-1 Natural Heritage Conservation (NHC) Zones ............................................ 13-1 13.1 Applicable Zones .................................................................................................... 13-1 13.2 Permitted Uses ....................................................................................................... 13-1 Existing Use Floodplain (EUF) Zones ....................................................... 14-1 14.1 Applicable Zones .................................................................................................... 14-1 14.2 Permitted Uses ....................................................................................................... 14-1 14.3 Regulations ............................................................................................................. 14-1 City of Kitchener Zoning By-law 2019-01 14.4 Underground Parking Facilities ............................................................................... 14-2 Open Space and Recreation (OSR) Zones ................................................ 15-1 15.1 Applicable Zones .................................................................................................... 15-1 15.2 Permitted Uses ....................................................................................................... 15-1 15.3 Regulations ............................................................................................................. 15-1 Major Infrastructure and Utility (MIU) Zones ............................................ 16-1 16.1 Applicable Zones .................................................................................................... 16-1 16.2 Permitted Uses ....................................................................................................... 16-1 16.3 Regulations ............................................................................................................. 16-1 16.4 Visual Barrier .......................................................................................................... 16-1 16.5 Outdoor Storage ..................................................................................................... 16-1 Overlays ...................................................................................................... 17-1 17.1 Applicable Overlays ................................................................................................ 17-1 17.2 Regulations ............................................................................................................. 17-1 17.2.1 Flooding Hazard .............................................................................................. 17-1 17.2.2 Slope Erosion Hazard ...................................................................................... 17-2 17.2.3 Significant Wildlife Habitat and Significant Landforms ...................................... 17-3 17.2.4 Ecological Restoration Areas ........................................................................... 17-3 Transition Provisions ................................................................................. 18-1 18.1 General Transition Matters ...................................................................................... 18-1 18.2 Complete Application Transition Matters ................................................................. 18-1 18.3 Transition Sunset Clause ........................................................................................ 18-2 Site Specific Provisions ............................................................................. 19-1 19.1 Site Specific Provisions ........................................................................................... 19-1 Holding Provisions ..................................................................................... 20-1 20.1 Holding Provisions .................................................................................................. 20-1 Temporary Use Provisions ........................................................................ 21-1 21.1 Temporary Use Provisions ...................................................................................... 21-1 Appendix A Zoning Grid Schedules Appendix B Grand River Conservation Authority Regulated Area City of Kitchener Zoning By-law 2019-01 SECTION 1 Page 1 of 2 General Scope and Administration 1.1 TITLE This By-law shall be known as the Zoning By-law of the City. 1.2 CONFORMITY AND COMPLIANCE WITH THE BY-LAW No person shall erect, alter, enlarge, or use any land, building, or structure within the city in whole or in part, except as expressly permitted in this By-law. For greater certainty, all uses of land shall be considered to be prohibited uses unless specifically permitted herein. 1.3 COMPLIANCE WITH OTHER LEGISLATION Nothing in this By-law shall be construed to exempt any person from complying with the requirements of any other by-law of the City or any other government statute and/or regulation that may otherwise affect the use of land, buildings, or structures. 1.4 APPLICATION The provisions of this By-law shall apply to all lands in the city shown on Appendix A. For greater certainty, land shown on Appendix A with diagonal hatching and labelled with By- law Number 85-1, By-law Number 4830, or By-law Number 878A is included for convenience of reference only and does not form part of this By-law. 1.5 VALIDITY If any portion of this By-law is for any reason held to be invalid, it is hereby declared to be the intention that all the remaining provisions of said By-law shall remain in full force and effect until repealed, despite that one or more provisions thereof shall have been declared to have been invalid. 1.6 EFFECTIVE DATE a) This By-law shall come into effect on the date of passage. b) The provisions of this By-law enabled by Official Plan Amendment 103 and X, shall come into effect, pursuant to Section 24(2) of The Planning Act, R.S.O. 1990, c. P.13, as amended. 1.7 REPEAL OF EXISTING BY-LAWS All the provisions in By-law Number 85-1, By-law Number 4830, and By-law Number 878A, insofar as they affect the lands shown on Appendix A, are repealed. 1.8 ZONING OCCUPANCY CERTIFICATE a) No change may be made in the type of use of any premises covered by this By- law without the issuance of a Zoning Occupancy Certificate. A Zoning Occupancy City of Kitchener Zoning By-law 2019-01 SECTION 1 Page 2 of 2 Certificate shall be required for each use on a lot or within a building containing multiple uses. b) Despite Subsection a), no Zoning Occupancy Certificate shall be required for a single detached dwelling, semi-detached dwelling, street townhouse dwelling, second dwelling unit (attached), second dwelling unit (detached), or private home day care. c) Nothing in this By-law applies to prevent the issuance of a Zoning Occupancy Certificate for a permitted use within lands, building, or structures established in accordance with the Transition Provisions of Section 18. 1.9 TECHNICAL REVISIONS TO THE ZONING BY-LAW Technical revisions may be made to this By-law without the need for a Zoning By-law Amendment. Technical revisions means the correction of numbering, cross-referencing, grammar, punctuation or typographical errors, mapping errors, or revisions to format in a manner that does not change the intent of this By-law. 1.10 CONTENTS OF THIS BY-LAW a) Figures form part of this By-law. Tables form part of this By-law and specify permitted uses and/or regulations. b) Appendix A forms part of this By-law. Appendix B is included for convenience of reference only and does not form part of this By-law. c) Reference aids such as tables of contents, marginal notes, headers, footers, headings, and illustrations are included for convenience of reference only and do not form part of this By-law. For greater certainty, illustrations are to be used as examples to show the application of a regulation, and shall not be construed to have general application beyond their context. City of Kitchener Zoning By-law 2019-01 SECTION 2 Page 3 of 4 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 strued as being permissive. c) By-l particular section of this By-law. d) Where a section or provision of this By- to leave space for possible future amendments to this By-law. For greater 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 . 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. shall mean gross floor area, 2 mean not applicable, square metres. City of Kitchener Zoning By-law 2019-01 SECTION 2 Page 4 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: Urban Growth Centre (UGC) Zones Symbol City Centre District UGC-1 Civic District UGC-2 Innovation District UGC-3 Market District UGC-4 Residential (RES) Zones Symbol Reserved Reserved 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 Agriculture (AGR) Zones Symbol Prime Agriculture AGR-1 Natural Heritage Conservation (NHC) Zones Symbol Natural Heritage Conservation NHC-1 City of Kitchener Zoning By-law 2019-01 SECTION 2 Page 5 of 4 Existing Use Floodplain (EUF) Zones Symbol Existing Use Floodplain EUF-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 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 e) The location, extent, and boundaries of temporary use provisions are shown on Appendix A where a zone 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: 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, City of Kitchener Zoning By-law 2019-01 SECTION 2 Page 6 of 4 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 1 of 24 Definitions A 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. 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. shall not include an adult sex film theatre. 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 2 of 24 B 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. floor space ratio or building floor area beyond what is permitted by the maximum base floor space 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. 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 3 of 24 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 finished grade level at the perimeter of the building and the uppermost point of the building. For all uses except a single detached dwelling with or without a second dwelling unit (attached), at no point shall the vertical distance between the lowest finished grade and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone. 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. 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 4 of 24 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. 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 5 of 24 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 corner lot 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. 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. D 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, 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 6 of 24 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, second dwelling unit (attached), second 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, or cluster townhouse dwelling. 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. Dwelling, Single Detached means the use of a building containing one dwelling unit as the principal use of the building. 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; City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 7 of 24 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), Second 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), Second 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. A second 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 electric vehicle supply equipment as defined in the Ontario Building Code. 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. 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 Façade means an exterior building wall or series of exterior building walls, excluding architectural features. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 8 of 24 Façade, Street Line means the façade oriented toward the street line. Façade Opening means any window or entrance on a façade which provides clear visibility or access from the outside to goods, exhibits, or the interior spaces of a building. Façade 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. 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 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 9 of 24 Garage Width, Private means the horizontal distance of a private garage along the street line façade, measured between the exterior walls, or in the case of an attached private garage that does not project beyond the façade 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. 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. H 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 professional(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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 10 of 24 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. 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. I 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 11 of 24 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. 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 12 of 24 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: 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. Low Density Residential Use see Use, Low Density Residential Low-Rise Building see Building, Low-Rise Low-Rise Residential Zone see Zone, Low-Rise Residential City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 13 of 24 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, 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 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 14 of 24 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. Nightclub means the use of a building with a dance floor and pre-recorded or live music for entertainment, and can include a restaurant. 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. 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 15 of 24 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 the arrangement of two parking spaces such that it is necessary to traverse one parking space to gain access to the other from a lane, drive aisle, driveway, or street. Parking Space, Visitor means a parking space for the exclusive use of visitors to a premises. 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 16 of 24 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. Print Shop means the use of a building for photocopying, blueprinting, or binding. 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. Q R Rear Lot Line see Lot Line, Rear City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 17 of 24 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. 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 non-hazardous, non-toxic, or un-contaminated waste into re-usable materials. Recycling Operation, Outdoor means the use of a premises for the processing of non- hazardous, non-toxic, or un-contaminated 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 18 of 24 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 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 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 19 of 24 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. 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 20 of 24 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. Stepback means the horizontal distance the portion of the building above the base is recessed from the façade of the base. Stepback, Streetline means the horizontal distance the portion of the building above the base is recessed from the street line façade 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 Façade see Façade, 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 21 of 24 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. 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. U 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 22 of 24 Use, Low Density Residential means a lot zoned to permit any of the following: single detached dwelling, semi-detached dwelling, street townhouse dwelling, second dwelling unit (attached), second dwelling unit (detached), cluster townhouse dwelling, multiple dwelling that is a low-rise building, small residential care facility, large residential care facility, and/or lodging house. 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 fineblanking), 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. 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 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. City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 23 of 24 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 selfpropelled 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. Water and Wastewater Treatment Facility means the use of a premises for the collection, treatment, storage, and distribution of water or wastewater. X 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 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 yard 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 City of Kitchener Zoning By-law 2019-01 SECTION 3 Page 24 of 24 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 1 of 20 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 a second dwelling unit (attached), or second dwelling unit (detached), and to multiple dwellings, the maximum height of the shortest exterior wall 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 BONUSING a) The maximum floor space ratio of a lot may be increased using only those bonus value(s) in Table 4-1 in return for facilities, services, or matters that benefit the community. b) Bonusing shall only apply in the following zones: i) UGC-1 ii) UGC-2 iii) UGC-3 c) The facilities, services, or matters provided in exchange for a bonus value must be over and above the minimum or standard requirements for the development. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 2 of 20 d) No lot shall be eligible for a bonus value where said lot does not have sufficient infrastructure. e) No bonus value shall apply for existing facilities, services or matters on a lot, except for the conservation and maintenance of cultural heritage resources. f) The owner of the lot upon which facilities, services, or matters are to be provided or contributed in return for a bonus value, shall enter into an agreement with the City pursuant to Section 37 of the Planning Act, to be registered on title. g) No site plan agreement shall be entered into and no building permit shall be issued, until such time as the agreement referenced in Subsection f) is entered into and has been registered on the title of the lot to which it applies. h) More than one community benefit identified in Subsection i) may be used and, where applicable, more than one additional bonus value within a community benefit may be used. i) Bonus values are identified in Table 4-1 and may be further described in a Bonusing Implementation Guide. For the purposes of Table 4-1, FSR shall be 2 construed to mean floor space ratiosquare metres of building floor area. Table 4-1: Bonus Values in Exchange for Facilities, Services, or Matters Community Benefit Facility, Service, or Matter Bonus Value Energy, water and Greater than 50% of total roof 2 items: 0.5 FSR waste management/ coverage is eco/green roof or conservation, Minimum of 1 entire exterior wall including stormwater (except openings) is a green wall 3 items: 1.0 FSR management Energy conservation glazing of all or exterior facing glass is at least 50% over and above the minimum 3 items that includes the Ontario Building Code requirement stormwater Building utilizes an energy or heat management benefit: reuse/conservation system 1.5 FSR Building utilizes an exfiltration or system Building utilizes a grey water Greater than 3 items: system 1.5 FSR Stormwater is managed on-site at least 50% over and above the minimum requirements or target (using methods such as rain water harvesting, bioswale, porous/permeable paving) City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 3 of 20 Community Benefit Facility, Service, or Matter Bonus Value Transportation Provision of a number of bicycle At least 4 items: 1.0 Demand parking stalls at least 50% over FSR Management and above the minimum required or with at least 75% of those At least 8 items: 1.5 additional stalls being Class A FSR Shower and change facility at least 50% over and above the minimum requirements Provision of an exterior publicly accessible covered bike share facility with a minimum of 12 spaces Provision of a minimum of 2 dedicated and signed motor vehicle car-share spaces Purchase of a dedicated motor vehicle for car-share Provision of subsidized transit passes available to all occupants Membership with a Transportation Management Association Installation of transit and active transportation digital displays and provision of materials that promote transit and active transportation Provision of a publicly accessible bicycle repair station Provision of all parking spaces as unbundled Land for public use Dedication of land to a public At least 50% over and authority or utility agency beyond above the minimum the minimum requirements (such requirement: 0.5 FSR as trails, stormwater management or facility, road widening, utility At least 100% over and corridor) above the minimum requirements: 1.0 FSR 2 Non-profit arts, Gratuitously dedicated facility or For every 250 m: 2 cultural, community space on the ground floor or 2,000m to a maximum 2 or institutional use accessible second storey for a non-of 8,000 m profit organization related to arts, culture, creative industries, community, or institutional uses City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 4 of 20 Community Benefit Facility, Service, or Matter Bonus Value Parkland and/or Provision of additional publicly At least 25% over and improvement to owned parkland or additional cash-above the minimum parks in-lieu contribution towards land or requirement: 1.0 FSR park facilities or At least 50% over and above the minimum requirement: 2.0 FSR Protection, Planting of additional native Provide on-site conservation, vegetation or enhancing the urban vegetation that is at restoration, or forest least 25% over and enhancement of above the minimum natural heritage required : 0.25 FSR features Provide on-site vegetation that is at least 50% over and above the minimum required : 0.5 FSR Provision of funds towards off-site Contribution towards off vegetation or ecological restoration site vegetation, urban area (ERA) project forest or restoration of an ERA of: For every $75,000: 2 1,000 m to a maximum 2 total of 8,000 m Public parking Secured, accessible public parking For every 25 parking 2 operated by/with the City in a spaces: 2,000 m to a structure not visible from a street, maximum total of 6,000 2 either in an underground or other m internal shared arrangement Public transit Provision of infrastructure, facilities, Contribution for off-site infrastructure or services for public transit works over and above minimum requirements of: For every $75,000: 2 1,000 m to a maximum 2 total of 8,000 m City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 5 of 20 Community Benefit Facility, Service, or Matter Bonus Value Renewable or Incorporates renewable energy Generates renewable alternative energy sources (such as solar, wind, energy sources systems geothermal, or other) into the equivalent to: development and/or is part of a District Energy System At least 50% of the energy: 1.0 FSR or 100% of the energy source: 2.0 FSR Is part of a District Energy System: 0.75 FSR Conservation and Heritage conservation on a lot that Entire building: 2.0 FSR maintenance of is designated under the Ontario cultural heritage Heritage Act and for which a 1 resources(1) heritage easement or covenant is registered on title Equivalent to LEED Buildings will be equivalent to a Equivalent to LEED standards or LEED or other similar rating system silver or above (or equivalent rating level by a certified professional comparable): 1.0 FSR system Affordable, special Provision of dwelling units that 10 to 25 percent, or needs, assisted, or meet the definition of affordable, greater than 75% of the subsidized housing special needs, assisted, or dwelling units: 1.5 FSR subsidized; or funds towards City or or Region affordable housing 25 to 75 percent of the programs dwelling units : 2.0 FSR Contribution of funds towards City or Region affordable housing programs: For every $75,000: 2 1,000 m to a maximum 2 total of 6,000 m (1) A bonus value obtained on a lot lots within a zone which permits bonusing in accordance with Section 4.3. Where density is transferred, a bonus transfer agreement shall be executed with the City. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 6 of 20 Community Benefit Facility, Service, or Matter Bonus Value 2 Amenity area Provision of privately-owned indoor For every 50 m: 2 or outdoor amenity area (over and 2,000m above any parkland dedication requirements) that is accessible to, and equipped for use by, the general public for passive or active recreation or public gatherings Public Art Provision of one or more pieces of Cost of the provision of public art one or more pieces of public art: For every $75,000: 2 1,000 m to a maximum 2 total of 8,000 m Residential dwelling Inclusion of dwelling units within a 25 to 100 dwelling units: 2 units mixed use building or provision of a 4,000 m range of dwelling unit sizes or Greater than 100 2 dwelling units: 6,000 m 25 or greater dwelling units comprised of at least 15% two-bedroom dwelling units, 10% three-bedroom dwelling units and above, and a maximum of 50% bachelor dwelling units: 2 4,000 m Streetscape Provision of enhanced streetscape For every $75,000: 2 elements elements such as street tree 1,000m to a maximum 2 planting, planting bed total of 8,000 m infrastructure, enhanced paving, etc. Bury underground hydro For each public street infrastructure frontage: 0.5 FSR Design excellence Design of the premises is over and Exceeds the above all of the minimum urban requirements of the design standards and is an urban design guidelines: exemplary example of architecture 1.0 FSR Uses a national or international design competition: 0.5 FSR Food store Provision of a food store on the Food store between 22 ground floor of a multi-unit building 2,000 m and 4,500 m: or mixed use building 1.0 FSR City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 7 of 20 Community Benefit Facility, Service, or Matter Bonus Value 2 Business incubator / Dedicated space with limited For every 250 m: 2,000 2 accelerator space encumbrances on the ground floor, m to a maximum of 2 or accessible second storey for an 8,000 m organization related to providing a hub for health, technology, environmental, social, or other like uses as business incubator / accelerator office or maker space 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; 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 4.13, 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 City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 8 of 20 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 4.6, 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, 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 9 of 20 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 UGC 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. d) A corner visibility triangle shall be required in all zones except UGC zones and 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 UGC zones and 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 10 of 20 Illustration 1: Corner Visibility Triangle, Corner Visibility Area and Driveway Visibility Triangle Dimensions City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 11 of 20 4.6 FRONTAGE ON A STREET 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 a second dwelling unit (attached) or second dwelling unit (detached)), semi-detached dwelling (with or without a second dwelling unit (attached) or second dwelling unit (detached)), street townhouse dwelling (without a second dwelling unit (attached) or second 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 12 of 20 Table 4-2: Permitted Home Occupation Uses Home Occupation Use First Home Second Home Occupation Use Occupation Use Permitted home occupation use on a lot containing a single detached dwelling or a semi-detached dwelling unit (without a second dwelling unit (attached) or second dwelling unit (detached)) (1)(2)(3)(4) 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 a second dwelling unit (attached) or second dwelling unit (detached), semi-detached dwelling unit with a second dwelling unit (attached) or second dwelling unit (detached), street townhouse dwelling, cluster townhouse dwelling, or multiple dwelling (9)(10) 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 artisans 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 13 of 20 (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, City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 14 of 20 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 Second Dwelling Units (Attached) The regulations specified by any zone category in which a second dwelling unit (attached) is permitted, shall apply in addition to and as amended by the following: a) Shall only be permitted on lots with no second dwelling unit (detached), and shall be located in the same building as a single detached dwelling, semi-detached dwelling, or street townhouse dwelling; and, b) A direct entrance to the second dwelling unit (attached) from the outside shall be provided from a rear yard or side yard only. 4.12.2 Second Dwelling Units (Detached) Reserved. 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; City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 15 of 20 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 UGC zone or MIX zone. 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 uncovered and 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. 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 interior side 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 16 of 20 4.14.6 Pools and Hot Tubs 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 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 UGC or MIX zone, a patio, deck, and outdoor recreation associated with a restaurant may be located within a front yard or exterior side yard. 4.14.9 Satellite Dishes and Antennas 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 17 of 20 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. 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. 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: City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 18 of 20 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, 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 19 of 20 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 UGC, 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. 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 floor space 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. City of Kitchener Zoning By-law 2019-01 SECTION 4 Page 20 of 20 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 1 of 21 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. 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 5-3 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. 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 City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 2 of 21 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 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, 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 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 minimum of 4.8 metres in length and where reduced, shall be clearly identified, demarcated, and reserved for compact motor vehicles. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 3 of 21 (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. 5.3.2 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. c) Despite Subsection a), in any UGC zone, parking spaces, loading spaces, or drive aisles may be located 1.0 metre from a street line provided that a landscaped wall is constructed to partially screen parking from view. Such landscaped wall shall be a minimum of 0.9 metres in height and a maximum of 1.2 metres in height, and shall be approved by the Director of Planning or designate. d) 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, second dwelling unit (attached), second dwelling unit (detached), small residential care facility, lodging house having less than 9 residents, or home occupation: 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, City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 4 of 21 iii) 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. b) On a lot containing a street townhouse dwelling: i) parking spaces shall be located a minimum distance of 6 metres from a street line. c) 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, 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) In a UGC zone, or 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 façade; 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 façade, except for access. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 5 of 21 Illustration 5-1: Location of Parking Spaces on the Ground Floor of a Building 5.4 DRIVEWAY AND GARAGE PROVISIONS FOR RESIDENTIAL USES Reserved. 5.5 BICYCLE PARKING STALL PROVISIONS 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 6 of 21 e) Bicycle parking stalls shall abut an access aisle which shall be a minimum of 1.5 metres in width. Illustration 5-2: Bicycle Parking Stalls and Access Aisle Dimensions 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 5-2. Table 5-2: Regulations for Shower and Change Facilities Required Number of Minimum total area of Shower Minimum number of Class A Bicycle and Change Facilities Showers within Shower Parking Stalls and Change Facilities 2 5-60 8 m 2 showers 2 61-120 12 m 4 showers 2 121-180 16 m 6 showers 2 Greater than 180 20 m 8 showers g) Despite Table 5-3 and/or Table 5-4, 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 7 of 21 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 5-3. b) On a lot with existing parking spaces that exceed the maximum number of parking spaces permitted through Table 5-3, the number of existing parking spaces shall be maximum number of parking spaces. c) Except in a UGC zone, the maximum parking space requirement in Table 5-3 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 8 of 21 Table 5-3: Regulations for Minimum and Maximum Parking Requirements Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones RESIDENTIAL Minimum 1 22 parking space No minimum 63 m GFA 63 m GFA per: Lodging House; Maximum 1 222 parking space 92 m GFA 48 m GFA 48 m GFA per: Minimum parking 0.9 per dwelling 1.0 per dwelling No minimum spaces: unit unit 5-80 dwelling units: 0.15 per 0.1 per dwelling dwelling unit unit only where 5 Minimum visitor 0 per dwelling Multiple or more dwelling OR parking spaces: unit Residential units are on a lot Buildings: 81+ dwelling units: 0.1 per Cluster Townhouse dwelling unit Dwelling; Maximum parking 1 per dwelling 1.3 per dwelling 1.4 per dwelling spaces (including Dwelling Unit; unit unit unit visitor): Minimum Class A 1 per dwelling 0.5 per dwelling 0.5 per dwelling Multiple Dwelling; Bicycle Parking unit without a unit without a unit without a Stalls: private garage private garage private garage 2, or 6 where 2, or 6 where 2, or 6 where Minimum Class B more than 20 more than 20 more than 20 Bicycle Parking dwelling units are dwelling units are dwelling units are Stalls: on a lot on a lot on a lot Minimum 1 22 parking space No minimum 92 m GFA 92 m GFA per: Maximum 1 222 parking space 92 m GFA 70 m GFA 70 m GFA Residential Care per: Facility, Large Minimum 1 Class 222 A Bicycle Parking 110 m GFA 710 m GFA 710 m GFA Stall per: Class B Bicycle 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater 222 Parking Stalls: than 550 m GFA than 550 m GFA than 550 m GFA Minimum parking Residential Care n/a 2 per facility 2 per facility spaces: Facility, Small Second Dwelling Minimum parking 1 per dwelling 1 per dwelling n/a Unit (Attached) spaces: unit unit Single-Detached Minimum parking 1 per dwelling n/a n/a Dwelling spaces: unit City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 9 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones NON-RESIDENTIAL Agricultural: Agriculture; Minimum parking n/a n/a 0 Agriculture-Related; spaces: and, On-Farm Diversified Minimum parking n/a n/a 3 per service bay spaces: 130% of the Maximum parking minimum parking n/a n/a spaces: spaces Automotive Detailing and Minimum 1 Class 2 Repair Operation A Bicycle Parking n/a n/a 1,500 m GFA Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 3,000 m GFA Stall per: Minimum 1 22 parking space No minimum 20 m GFA 20 m GFA per: Maximum 1 222 parking space 23 m GFA 15 m GFA 15 m GFA per: Brewpub Minimum 1 Class 222 A Bicycle Parking 250 m GFA 250 m GFA 250 m GFA Stall per: Minimum Class B Bicycle Parking 2 2 2 Stalls: Minimum parking Campground n/a n/a 1.1 per camp site spaces: 0, provide Minimum parking stacking spaces Car Wash n/a n/a spaces: in accordance with Section 5.11 Minimum parking Cemetery 0 0 0 spaces: Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Commercial Maximum 1 222 Entertainment parking space 60 m GFA 23 m GFA 23 m GFA per: Minimum 1 Class 222 A Bicycle Parking 500 m GFA 500 m GFA 500 m GFA Stall per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 10 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 222 B Bicycle Parking 250 m GFA 250 m GFA 250 m GFA Stall per: Commercial Parking Minimum parking 0 n/a 0 Facility spaces: Commercial Vehicle Minimum parking n/a n/a 1 per bay Wash Facility spaces: Minimum 1 22 parking space No minimum 40 m GFA 30 m GFA per: Maximum 1 222 Day Care Facility parking space 92 m GFA 30 m GFA 23 m GFA per: Minimum 1 Class 222 A Bicycle Parking 333 m GFA 500 m GFA 500 m GFA Stall per: 0, provide stacking Drive-Through Minimum parking spaces in n/a n/a accordance with Facility spaces: Section 5.11 Industrial Employment: Minimum 1 Catering Service 22 parking space No minimum 90 m GFA 90 m GFA Establishment; per: Heavy Repair Operation; Indoor Recycling Operation; Maximum 1 222 parking space 92 m GFA 70 m GFA 70 m GFA Manufacturing; per: Outdoor Recycling Operation; Printing or Minimum 1 Class Publishing 222 A Bicycle Parking Establishment; 1,000 m GFA 1,500 m GFA 1,500 m GFA Stall per: Propane Facility; Restoration, Janitorial or Security Services; Minimum 1 Class and, 222 B Bicycle Parking 2,000 m GFA 3,000 m GFA 3,000 m GFA Stall per: Tradesperson or Contractor's Establishment Minimum 1 22 Fitness Centre parking space No minimum 30 m GFA 20 m GFA per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 11 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Maximum 1 222 parking space 60 m GFA 23 m GFA 15 m GFA per: Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 2 parking space n/a n/a 23 m GFA per: Funeral Home Maximum 1 2 parking space n/a n/a 17 m GFA per: 0, provide stacking Minimum parking spaces in Gas Station n/a n/a accordance with spaces: Section 5.11 2 1 per 23 m GFA, Minimum parking n/a n/a plus 4 per golf spaces: course hole Golf Course Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,000 m GFA Stall per: Minimum 1 22 parking space No minimum 19 m GFA 19 m GFA per: Maximum 1 222 parking space 23 m GFA 15 m GFA 15 m GFA per: Health Clinic Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Stall per: 1 plus any 1 plus any Minimum parking parking spaces parking spaces Home Occupation No minimum spaces: required for the required for the dwelling unit (1) 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: Minimum 1 Class Hospice 222 A Bicycle Parking 125 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 667 m GFA 667 m GFA Stall per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 12 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 2 parking space No minimum n/a 70 m GFA per: Maximum 1 22 parking space 70 m GFA n/a 54 m GFA per: Hospital Minimum 1 Class 22 A Bicycle Parking 750 m GFA n/a 1,000 m GFA Stall per: Minimum 1 Class 22 B Bicycle Parking 1,500 m GFA n/a 2,000 m GFA Stall per: Minimum parking No minimum 1 per guest room 1 per guest room spaces: Maximum parking 1.3 per guest 1.3 per guest 1 per guest room spaces: room room Hotel Minimum Class A 1 per 30 guest 1 per 40 guest 1 per 40 guest Bicycle Parking rooms rooms rooms Stalls: Minimum Class B 2, or 6 if greater 2, or 6 if greater 2, or 6 if greater Bicycle Parking than 75 guest than 75 guest than 75 guest Stall: rooms rooms rooms Industrial Storage The greater of 1 and Transport: Minimum parking 2 n/a n/a per 1,500 m spaces: GFA, or 2 Bulk Fuel and Oil Storage Establishment; Maximum 1 2 parking space n/a n/a 70 m GFA Salvage or Scrap per: Yard; Towing Compound; Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,500 m GFA Transportation Stall per: Facility; Truck Transport Minimum 1 Class 2 Terminal; and, B Bicycle Parking n/a n/a 3,000 m GFA Stall per: Warehouse Minimum 1 22 parking space n/a 90 m GFA 90 m GFA per: Maximum 1 Light Repair 222 parking space 95 m GFA 70 m GFA 70 m GFA Operation per: Minimum 1 Class 222 A Bicycle Parking 1,000 m GFA 1,500 m GFA 1,500 m GFA Stall per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 13 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 222 B Bicycle Parking 2,000 m GFA 3,000 m GFA 3,000 m GFA Stall per: Natural Heritage Minimum parking n/a n/a 0 Conservation spaces: Minimum parking n/a n/a n/a spaces: Maximum 1 2 parking space 60 m GFA n/a n/a Night Club per: Minimum 1 Class 2 A Bicycle Parking 100 m GFA n/a n/a Stall per: Minimum Class B Bicycle Parking 2 per night club n/a n/a Stalls: Minimum 1 22 parking space n/a 35 m GFA 35 m GFA per: Maximum 1 22 parking space n/a 24 m GFA 24 m GFA per: Multi-Unit Parking Rate (3)(4)(5) Minimum 1 Class 22 A Bicycle Parking n/a 1000 m GFA 1000 m GFA Stall per: Minimum 1 Class n/a 22 B Bicycle Parking 333 m GFA 333 m GFA Stall per: Additional Regulations for Multi-Unit Parking Rate Table 5-3 (3) 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. (4) 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 5-3; b. Subsection a) shall not apply to bicycle parking stall requirements. (5) 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 14 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Office and Office- 2 Related: 50 m GFA, only Minimum 1 for office GFA in 22 parking space 33 m GFA 33 m GFA Biotechnological excess of per: 2 Establishment; 4,000m. Computer, Electronic, Data Maximum 1 Processing, or 222 parking space 38 m GFA 25 m GFA 25 m GFA Server per: Establishment; Industrial Administrative Office; Minimum 1 Class 222 A Bicycle Parking 333 m GFA 500 m GFA 500 m GFA Office; Stall per: Research and Development Establishment; and, Minimum 1 Class 222 B Bicycle Parking 500 m GFA 750 m GFA 750 m GFA Social Service Stall per: Establishment 2 per court, plus Minimum parking n/a n/a 20 per playing spaces: field Outdoor Active Recreation Minimum Class B 1 per court plus 6 Bicycle Parking n/a n/a per playing field Stalls: Outdoor Passive Minimum parking n/a n/a 0 Recreation spaces: Place of Assembly Minimum 1 22 and Community: parking space No minimum 23 m GFA 23 m GFA per: Community Facility; Maximum 1 222 parking space 75 m GFA 17 m GFA 17 m GFA Conference, per: Convention, or Minimum 1 Class 222 Exhibition Facility; A Bicycle Parking 500 m GFA 1000 m GFA 1,000 m GFA and, Stall per: Minimum 1 Class 222 Cultural Facility B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 22 parking space No minimum 23 m GFA 23 m GFA per: Place of Worship Maximum 1 222 parking space 30 m GFA 17 m GFA 17 m GFA per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 15 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Minimum 1 Class 222 B Bicycle Parking 250 m GFA 500 m GFA 500 m GFA Stall per: Minimum 1 22 parking space No minimum 7.5 m GFA 7.5 m GFA per: Maximum 1 222 parking space 15 m GFA 5 m GFA 5 m GFA per: Restaurant Minimum 1 Class 222 A Bicycle Parking 100 m GFA 250 m GFA 250 m GFA Stall per: Minimum Class B Bicycle Parking 2 per restaurant 2 per restaurant 2 per restaurant Stalls: 2 Minimum 1 100 m GFA, parking space n/a n/a including per: portables 2 Maximum 1 75 m GFA, parking space n/a n/a including per: portables School, Elementary Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,000 m GFA Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 100 m GFA Stall per: Minimum 1 2 parking space No minimum n/a 77 m GFA per: Maximum 1 22 parking space 130 m GFA n/a 60 m GFA per: School, Post- Secondary Minimum 1 Class 22 A Bicycle Parking 50 m GFA n/a 50 m GFA Stall per: Minimum Class B the greater of 1 the greater of 1 22 Bicycle Parking per 50 m GFA, n/a per 50 m GFA, Stalls: or 3 or 3 2 Minimum 1 120 m GFA parking space No minimum n/a including Adult Education per: portables School; and, 2 Maximum 1 92 m GFA 2 School, Secondary 125 m GFA, plus parking space n/a including 2 per portable per: portables City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 16 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 22 A Bicycle Parking 500 m GFA n/a 1,000 m GFA Stall per: Minimum 1 Class 22 B Bicycle Parking 100 m GFA n/a 100 m GFA Stall per: Services and Retail: Animal Shelter; Establishment; Minimum 1 22 parking space 40 m GFA 33 m GFA No minimum Building Material per: and Decorating Supply Establishment; Convenience Retail; Craftsperson Shop; Financial Establishment; Maximum 1 Garden Centre, 222 parking space 72 m GFA 27 m GFA 24 m GFA Nursery, and/or per: Landscaping Supply; Major Equipment Supply and Service; Pawn Establishment; Payday Loan Establishment; Minimum 1 Class Personal Services; 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: Pet Boarding; Pet Services Establishment; Print Shop; City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 17 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Propane Retail Outlet; Retail; and, Minimum 1 Class Retail of Motor 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Vehicles and Major Stall per: Recreational Equipment. Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Training: Maximum 1 222 parking space 42 m GFA 30 m GFA 30 m GFA Commercial Driver per: and Training Establishment; and, Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Commercial School; Stall per: Minimum 1 Class 222 B Bicycle Parking 167 m GFA 333 m GFA 333 m GFA Stall per: Minimum 1 2 parking space n/a n/a 33 m GFA per: Maximum 1 2 parking space n/a n/a 25 m GFA Large Merchandise per: Retail Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,000 m GFA Stall per: Minimum 1 Class 2 B Bicycle Parking n/a n/a 500 m GFA Stall per: 2 40 m GFA, Minimum 1 exclusive of any parking space n/a n/a parking for fleet per: vehicles 2 30 m GFA, Transportation Maximum 1 exclusive of any Depot parking space n/a n/a parking for fleet per: vehicles Minimum 1 Class 2 A Bicycle Parking n/a n/a 1,500 m GFA Stall per: City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 18 of 21 Minimum and Maximum Required Rates for Parking Spaces, Visitor Parking Spaces, and Bicycle Parking Stalls Use UGC Zones MIX Zones All Other Zones Minimum 1 Class 2 B Bicycle Parking n/a n/a 3,000 m GFA Stall per: Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Maximum 1 222 Veterinary Services parking space 53 m GFA 30 m GFA 30 m GFA per: Minimum 1 Class 222 A Bicycle Parking 500 m GFA 1,000 m GFA 1,000 m GFA Stall per: OTHER USES Minimum 1 22 parking space No minimum 40 m GFA 40 m GFA per: Maximum 1 All other uses not 222 parking space 42 m GFA 30 m GFA 30 m GFA otherwise listed per: Minimum Class B 10% of total 10% of total 10% of total Bicycle Parking required parking required parking required parking Stalls: spaces spaces spaces 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 are not located within a building, a minimum of 15 percent of the parking spaces shall be designed to permit the future installation of electric vehicle supply equipment and a minimum of 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 City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 19 of 21 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 UGC 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. 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 5-5, rounding up to the nearest whole number. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 20 of 21 Table 5-5: Regulations for Barrier-Free Accessible Parking Space Requirements Number of Parking Spaces Number of Barrier-free Accessible Parking Required Spaces Required 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) In a UGC zone, 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: 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. City of Kitchener Zoning By-law 2019-01 SECTION 5 Page 21 of 21 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 Reserved. City of Kitchener Zoning By-law 2019-01 SECTION 6 Page 1 of 5 Urban Growth Centre (UGC) Zones The Urban Growth Centre zones apply to lands designated City Centre District, Civic District, Innovation District and Market District, in the Official Plan downtown. 6.1 APPLICABLE ZONES UGC-1: City Centre District the purpose of this zone is to be a significant location for pedestrian-oriented retail, commercial, and entertainment uses. This zone also provides for residential uses in multiple dwellings and mixed use buildings, along with large-scale office and institutional uses. UGC-2: Civic District the purpose of this zone is to accommodate cultural, entertainment, and office uses in a civic setting. This zone also provides for residential uses in multiple dwellings and mixed use buildings, institutional uses, and complementary commercial uses. UGC-3: Innovation District the primary purpose of this zone is to accommodate high- tech, research, and health science-related uses, along with post-secondary and other institutional uses. This zone also provides for supporting commercial uses and residential uses in multiple dwellings and mixed use buildings. UGC-4: Market District the purpose of this zone is to accommodate a range of uses in a distinctive, market-like setting. 6.2 PERMITTED USES No person shall, within any UGC 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 Urban Growth Centre Zones Use UGC-1 UGC-2 UGC-3 UGC-4 Adult Education School !!!! !!!! Biotechnological Establishment !!!! Brewpub !(1)!!! Commercial Entertainment !!!! Commercial Parking Facility (2)!(1)!!(2)! Commercial School !!!! Community Facility !!!! Computer, Electronic, Data Processing, or Server Establishment Conference, Convention, or Exhibition Facility City of Kitchener Zoning By-law 2019-01 SECTION 6 Page 2 of 5 Use UGC-1 UGC-2 UGC-3 UGC-4 Craftsperson Shop (2) (1) (2) Cultural Facility Day Care Facility (1) Dwelling Unit (3)(4) (3)(4) (3) (3) Financial Establishment (1) Fitness Centre (2) (1) (2) Health Clinic Hospice Hospital Hotel (1) (5) Large Residential Care Facility Light Repair Operation (2) (2) Lodging House Multiple Dwelling (6) (6) (6) Night Club (2) Office (7) Pawn Establishment (2) (2) Payday Loan Establishment (2) (2) Personal Services (1) Pet Services Establishment (2) (1) (2) Place of Worship (2) (2) Post-Secondary School Print Shop (1) Printing or Publishing Establishment (2) Research and Development Establishment Restaurant (1) Retail (8) (1) Secondary School Social Service Establishment Veterinary Services Additional Regulations for Permitted Uses Table 6-1 (1) Shall be located within a multi-unit building or a mixed use building containing at least one permitted use listed in Table 6-1 not subject to this regulation. (2) For any lot or building with frontage or access to King Street, no more than one of each of the uses to which this regulation applies shall be permitted per block on the ground floor facing King Street. For the purposes of this regulation, a block means land on one side of a public street between two public streets. A block may be bisected by a lane or walkway. This regulation does not apply to uses within existing buildings or lots. City of Kitchener Zoning By-law 2019-01 SECTION 6 Page 3 of 5 (3) Shall be located within a mixed use building, and except for access, shall not be located on the ground floor. (4) Shall contain a minimum of three dwelling units. (5) Shall be located within an existing building. (6) Dwelling units shall not be permitted on the ground floor of a building fronting King Street East/West, except for access. (7) For a lot with frontage on King Street, the ground floor of a building abutting King Street shall have one or more permitted uses other than office that abuts the entire King Street façade, except for access. (8) Shall be located within a multi-unit building or a mixed use building. A free-standing retail outlet shall only be located within an existing building. Retail uses shall be permitted to a maximum gross floor area of 42,000 square metres. 6.3 REGULATIONS The regulations for lots in an UGC zone are set out in Table 6-2 below. Table 6-2: Regulations for Urban Growth Centre Zones Regulation UGC-1(1) UGC-2(1) UGC-3(1) UGC-4(1) Minimum lot width (2) 15 m Minimum front yard setback and (3) 3 m (3)(4) (3) minimum exterior side yard setback Maximum front yard setback and 2 m (3) 4 m (2)(3) 2 m (3) maximum exterior side yard setback Minimum interior side yard setback 2 m (5) 2 m 2 m (5) 2 m (5) Minimum rear yard setback 4.5 m 4.5 m Minimum yard setback abutting a 2 m 2 m lane (6) Minimum floor space ratio 1 1 1 Maximum floor space ratio 3 3 3 3 Maximum floor space ratio using bonus values in accordance with (7) 8 6 8 Section 4.3 (Bonusing) Minimum number of storeys for a 2 storeys 2 storeys 2 storeys 2 storeys low-rise building Minimum number of storeys in the base of a mid-rise building or tall 3 storeys 3 storeys 3 storeys 3 storeys building City of Kitchener Zoning By-law 2019-01 SECTION 6 Page 4 of 5 Regulation UGC-1(1) UGC-2(1) UGC-3(1) UGC-4(1) Maximum number of storeys in the base of a mid-rise building or tall 5 storeys 5 storeys 6 storeys 5 storeys building Minimum street line stepback for 3 m 3 m 3 m 3 m mid-rise buildings and tall buildings Minimum stepback for mid-rise buildings and tall buildings where 3 m 3 m 3 m 3 m the base abuts a low-rise residential zone Minimum ground floor street line façade width as a percent of the 90% 70% 90% width of the street line (8) Minimum percent street line façade 65% (10) 65% 65% (10) 65% (10) openings (9) Additional Regulations for Zone Regulations Table 6-2 (1) The regulations within Table 6-2 shall not apply to existing buildings or structures. (2) Despite Section 4.7 of this By-law, a lot may have frontage on a lane. (3) Despite the front yard, exterior side yard, and rear yard setbacks in Table 6-2, the entire façade of any ground floor abutting King Street, except for recessed entrances, shall be located in accordance with the following: Distance from the King Street street line: Zone Minimum Maximum UGC-1 0 m 2 m UGC-3 0 m 4 m UGC-4 0 m 2 m (4) The entire façade of any ground floor abutting Victoria Street, except for recessed entrances, shall be located a minimum of 2 metres and a maximum of 4 metres from the Victoria Street street line. (5) The minimum interior side yard setback for a lot with frontage on King Street, Queen Street, Ontario Street, or Charles Street, shall be 0 metres. (6) Shall not apply to portions of buildings that are greater than 6 metres above grade. (7) Lots zoned UGC-4 are not eligible for Bonusing. (8) Shall only apply to lots with frontage on King Street and shall only apply to the King Street street line. City of Kitchener Zoning By-law 2019-01 SECTION 6 Page 5 of 5 (9) Measured between 0.5m and 4.5m above exterior finished grade along the entire width of the façade Illustration 6-1: Street Line Façade Openings Measurement (10) The maximum distance between King Street façade openings and between King Street exterior walls and street line façade openings shall be 4 metres. 6.4 OUTDOOR STORAGE No outdoor storage shall be permitted. This shall not however prevent the display of goods or materials for retail purposes. 6.5 LOCATION OF PARKING SPACES AND LOADING SPACES New parking spaces and/or loading spaces shall not locate in a front yard or exterior side yard. City of Kitchener Zoning By-law 2019-01 SECTION 7 Page 1 of 1 Residential (RES) Zones 7.1 \[RESERVED\] City of Kitchener Zoning By-law 2019-01 SECTION 8 Page 1 of 5 Mixed Use (MIX) Zones The Mixed Use zones apply to lands designated Mixed Use in the Official Plan. 8.1 APPLICABLE ZONES MIX-1: Mixed Use One the purpose of this zone is to accommodate a variety of uses within mixed use buildings and mixed use developments at a low density and scale in Neighbourhood Nodes and certain other areas that are adjacent to properties zoned for low density residential uses. MIX-2: Mixed Use Two the purpose of this zone is to accommodate a variety of uses within mixed use buildings and mixed use developments at a medium density on certain lands within Urban Corridors. MIX-3: Mixed Use Three the purpose of this zone is to accommodate a variety of uses within mixed use buildings and mixed use developments at a medium density within Community Nodes and City Nodes. 8.2 PERMITTED USES No person shall, within any MIX 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 8-1 below. Table 8-1: Permitted Uses within the Mixed Use Zones Use MIX-1 MIX-2 MIX-3 Adult Education School !!! Establishment Brewpub !!! Cluster Townhouse Dwelling (1)!!! Commercial Entertainment !!! Commercial School !!! Community Facility !!! Computer, Electronic, Data Processing, !!! or Server Establishment Craftsperson Shop ! ! Cultural Facility !!! Day Care Facility ! ! Dwelling Unit (2) !!! Financial Establishment ! ! Fitness Centre !!! Health Clinic ! ! Hospice Hotel Large Residential Care Facility (2) (2) City of Kitchener Zoning By-law 2019-01 SECTION 8 Page 2 of 5 Use MIX-1 MIX-2 MIX-3 Light Repair Operation Lodging House !!! Multiple Dwelling (1) (1) Office (3) (3) (4) Payday Loan Establishment Personal Services Pet Services Establishment ! ! Place of Worship Post-Secondary School !!! Print Shop Research and Development !!! Establishment Restaurant Retail (5) (6) (7) Secondary School (8) Small Residential Care Facility Social Service Establishment Veterinary Services Additional Regulations for Permitted Uses Table 8-1 (1) A cluster townhouse dwelling and a multiple dwelling are only permitted on a lot containing a non-residential use. A cluster townhouse dwelling and a multiple dwelling shall not have a street line façade, except for access. (2) Shall be located within a mixed use building, and except for access, the ground floor shall contain at least one non-residential permitted use listed in Table 8-1 that abuts the entire length of the street line façade. (3) A total maximum gross floor area of 5,000 square metres is permitted. (4) A total maximum gross floor area of 10,000 square metres is permitted. (5) A maximum gross floor area of 3,500 square metres is permitted for each individual freestanding retail outlet to a total maximum gross floor area of 5,000 square metres. (6) A maximum gross floor area of 2,500 square metres is permitted for each individual freestanding retail outlet to a total maximum gross floor area of 5,000 square metres. A food store is only permitted within a mixed use development to a maximum gross floor area of 5,000 square metres. (7) A maximum gross floor area of 5,000 square metres is permitted for each freestanding retail outlet. A food store is permitted within a freestanding retail outlet or within a mixed use development to a maximum gross floor area of 10,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 8 Page 3 of 5 (8) A total maximum gross floor area of 6,000 square metres is permitted. 8.3 REGULATIONS The regulations for lots in a MIX zone are set out in Table 8-2 below. Table 8-2: Regulations for Mixed Use Zones Regulation MIX-1(1) MIX-2 (1) MIX-3 (1) Minimum lot width 15 m 15 m 15 m Minimum front yard setback 1.5 m 1.5 m 1.5 m Minimum exterior side yard setback 1.5 m 1.5 m 1.5 m Minimum rear yard setback 7.5 m 7.5 m 7.5 m Minimum interior side yard setback 2 m 0 m 4 m Minimum yard setback abutting a 7.5m 7.5m 7.5m residential zone Minimum ground floor building height for any building with street line 4.5 m 4.5 m 4.5 m façade Minimum building height 7.5 m 11 m 11 m Maximum building height 14 m 25m 32 m Maximum number of storeys 4 storeys 8 storeys 10 storeys Minimum number of storeys in the base of a mid-rise building or tall 3 storeys 3 storeys building Maximum number of storeys in the base of a mid-rise building or tall 6 storeys 6 storeys building Minimum street line stepback for 3 m 3 m mid-rise buildings and tall buildings Minimum stepback for mid-rise buildings and tall buildings where the 3 m 3 m base abuts a low-rise residential zone Minimum floor space ratio 0.6(2) 0.6(2) 0.6(2) Maximum floor space ratio 1 2 2 Maximum total retail gross floor area within a multi-unit building, multi-unit 222 7,500 m 7,500 m 10,000 m development, mixed-use building, or mixed-use development. Minimum percent of non-residential 20%(2) gross floor area Minimum percent of residential gross 20%(2) floor area Minimum ground floor street line façade width as a percent of the 50% 50% 50% width of the abutting street line Minimum percent street line façade 50% 50% 50% openings (3)(4) Minimum landscaped area 15% 15% 15% City of Kitchener Zoning By-law 2019-01 SECTION 8 Page 4 of 5 Additional Regulations for Zone Regulations Table 8-2 (1) The regulations within Table 8-2 shall not apply to existing buildings or structures. (2) Individual buildings will not be required to achieve the minimum floor space ratio, minimum percent of non-residential gross floor area and minimum percent of residential gross floor area where there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio, minimum percent of non-residential gross floor area and minimum percent of residential gross floor area. (3) Measured between 0.5m and 4.5m above exterior finished grade along the entire width of the façade. Illustration 8-1: Street Line Façade Openings Measurement (4) The maximum distance between street line façade openings and between exterior walls and street line façade openings shall be 8 metres. City of Kitchener Zoning By-law 2019-01 SECTION 8 Page 5 of 5 8.4 VISUAL BARRIER Where a lot zoned MIX abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 of this By-law. 8.5 OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. This shall not however prevent the display of goods or materials for retail purposes. 8.6 LOCATION OF PARKING SPACES AND LOADING SPACES New parking spaces and/or loading spaces shall not locate in a yard abutting a street. City of Kitchener Zoning By-law 2019-01 SECTION 9 Page 1 of 4 Commercial (COM) Zones The Commercial zones apply to lands designated Commercial and Commercial Campus in the Official Plan as well as certain lands designated Residential. 9.1 APPLICABLE ZONES COM-1: Local Commercial the purpose of this zone is to accommodate complementary commercial uses within residential neighbourhoods in Community Areas. COM-2: General Commercial the purpose of this zone is to accommodate retail and commercial uses COM-3: Arterial Commercial the purpose of this zone is to accommodate the retailing of bulky, space intensive goods; and service commercial uses predominately serving the travelling public within Arterial Corridors. COM-4: Commercial Campus the purpose of this zone is to accommodate a range of retail and commercial uses functioning as a unit within comprehensively planned campuses within City Nodes. 9.2 PERMITTED USES No person shall, within any COM 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 9-1 below. Table 9-1: Permitted Uses within the Commercial Zones Use COM-1 COM-2 COM-3 COM-4 (1) (1) (1) Amusement Park (2) Automotive Detailing and Repair Operation Brewpub (2) Car Wash Catering Service Establishment (2) Commercial Entertainment Commercial Parking Facility Commercial School Computer, Electronic, Data Processing, or Server (2) Establishment Conference, Convention, or Exhibition Facility City of Kitchener Zoning By-law 2019-01 SECTION 9 Page 2 of 4 Use COM-1 COM-2 COM-3 COM-4 (2) Convenience Retail Craftsperson Shop (2) (2) Day Care Facility Drive-Through Facility (3) (3)(4) Dwelling Unit Financial Establishment (2) (2) Fitness Centre Funeral Home (2) Gas Station Health Clinic (2) (5) Heavy Repair Operation Hotel Large Merchandise Retail Light Repair Operation (5) Manufacturing (6) Office (2) (7) (7) (7) Pawn Establishment Payday Loan Establishment Personal Services (2) Pet Services Establishment Place of Worship (8) (8) Print Shop Propane Retail Outlet (2) Research and Development (2) !!! Establishment Restaurant (2)(9) (10) Retail Retail of Motor Vehicles and Major Recreational Equipment Towing Compound Tradesper Establishment Transportation Depot (11) Veterinary Services Warehouse (5)(11) (11)(12) City of Kitchener Zoning By-law 2019-01 SECTION 9 Page 3 of 4 Additional Regulations for Permitted Uses Table 9-1 (1) Shall not be permitted on a lot abutting a residential zone. (2) A maximum gross floor area of 300 square metres per unit is permitted. (3) Shall be located within a mixed use building containing at least one other permitted use listed in Table 9-1, and except for access, shall not be located on the ground floor. (4) The maximum floor space ratio for dwelling units shall be 2. (5) Despite Section 4.2, retail uses are permitted as accessory uses and shall be located on the same premises as the principal use to a maximum of 25 percent of the gross floor area of the building. (6) Only existing manufacturing shall be permitted. (7) A total maximum gross floor area of 10,000 square metres of office is permitted on a lot. (8) Shall be located in a lot containing at least one other non-residential use that is not subject to this provision. (9) Shall be located in a multi-unit building or mixed use building containing at least one other non-residential use that is not subject to this provision. (10) Individual retail outlets shall have a minimum gross floor area of 1,500 square metres. (11) Shall not include a noxious use and shall not include manufacturing as principal use. (12) Shall be located within an existing building. 9.3 REGULATIONS The regulations for lots in a COM zone are set out in Table 9-2 below. Table 9-2: Commercial Zones Regulations Regulation COM-1 (1) COM-2 (1) COM-3 (1) COM-4 (1) Minimum lot width 15 m 15 m 15 m 30 m Minimum front yard setback 3 m 3 m 6 m 6 m Minimum exterior side yard 3 m 3 m 6 m 6 m setback Minimum interior side yard setback abutting a residential 1.5 m 7.5 m 7.5 m 7.5 m zone City of Kitchener Zoning By-law 2019-01 SECTION 9 Page 4 of 4 Regulation COM-1 (1) COM-2 (1) COM-3 (1) COM-4 (1) Minimum interior side yard setback abutting a lot with a zone other 1.5 m 3 m 3 m 3 m than a residential zone Minimum rear yard setback 7.5 m 7.5 m 7.5 m 7.5 m Minimum rear yard or side yard setback for a non-residential use 1.5 m 1.5 m 1.5 m 1.5 m abutting a rail right-of-way or a hydro corridor Maximum building height 11 m 15 m (2) Maximum floor space ratio 0.6 Minimum landscaped area 15% 20% 20% 20% Maximum total retail (including large merchandise retail) gross 2222 floor area within a multi-unit 10,000 m 10,000 m 10,000 m 42,000 m building, multi-unit development or mixed-use building Additional Regulations for Zone Regulation Table 9-2 (1) The regulations within Table 9-2 shall not apply to existing buildings or structures. (2) The maximum building height shall be 25 metres for a mixed-use building. 9.4 VISUAL BARRIER Where a lot zoned COM abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 of this By-law. 9.5 OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. This shall not however prevent the display of goods or materials for retail purposes. City of Kitchener Zoning By-law 2019-01 SECTION 10 Page 1 of 5 Employment (EMP) Zones The Employment zones apply to lands designated General Industrial Employment, Heavy Industrial Employment, and Business Park Employment in the Official Plan 10.1 APPLICABLE ZONES EMP-1: Neighbourhood Industrial Employment the purpose of this zone is to accommodate a limited range of industrial uses on lands located within neighbourhoods and/or Major Transit Station Areas. EMP-2: General Industrial Employment the purpose of this zone is to accommodate a broad range of industrial uses that are not noxious uses. EMP-3: Heavy Industrial Employment the purpose of this zone is to accommodate industrial uses, including noxious uses, on lands that are separated from sensitive land uses. This zone also accommodates uses that require larger tracts of land for large buildings, materials, and/or products. EMP-4: Service Business Park Employment the purpose of this zone is to accommodate industrial uses and limited complimentary uses that support adjacent employment lands. EMP-4 zoned lands are located within 450 metres of existing or planned transit corridors. EMP-5: General Business Park Employment the purpose of this zone is to accommodate a limited range of industrial employment uses on lands that are generally located adjacent to EMP-2 and EMP-3 lands to provide a transition from noxious uses. 10.2 PERMITTED USES No person shall, within any EMP 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 10-1 below. Table 10-1: Permitted Uses within the Employment Zones Use EMP-1 EMP-2 EMP-3 EMP-4 EMP-5 Adult Sex Film Theatre (1) Automotive Detailing and Repair Operation (2) Biotechnological Establishment Building Material and Decorating Supply Establishment Bulk Fuel and Oil Storage Establishment Car Wash (3) City of Kitchener Zoning By-law 2019-01 SECTION 10 Page 2 of 5 Use EMP-1 EMP-2 EMP-3 EMP-4 EMP-5 Catering Service Establishment Commercial Driver and Training Establishment Commercial Vehicle Wash Facility Computer, Electronic, Data Processing, or Server Establishment Craftsperson Shop Crematorium (4) !! !! Day Care Facility (5) (5) (3) (3) Drive-Through Facility ! Existing Residential Uses Financial Establishment (3) Fitness Centre (5) (5) (3) (3) Garden Centre, Nursery, and/or Landscaping Supply Gas Station Health Clinic (3) Heavy Repair Operation (2) (6)(9) (6) (6) Indoor Recycling Operation Industrial Administrative !!!! Office Major Equipment Supply and Service Manufacturing (2) (6)(7)(9) (6)(7) (7) (7) Office (8) Outdoor Recycling Operation Personal Services (3) Pet Boarding (3) !! Pet Services Establishment (3) Print Shop (3) Printing or Publishing Establishment Propane Facility Propane Retail Outlet !! ! Research and Development Establishment Restaurant (5) (5) (3) (3) Restoration, Janitorial, or (6) Security Services Salvage or Scrap Yard City of Kitchener Zoning By-law 2019-01 SECTION 10 Page 3 of 5 Use EMP-1 EMP-2 EMP-3 EMP-4 EMP-5 Towing Compound (9) ! Tradesperson or (6) (6) (6) Contractor's Establishment Truck Transport Terminal (6)(7) (6) (7) (7) Veterinary Services (3) Warehouse (6)(7) (6)(7) (7) (7) Additional Regulations for Permitted Uses Table 10-1 (1) No building shall be used for an Adult Sex Film Theatre on a lot that is situated within 300 metres of a day care facility; elementary, secondary or post-secondary schools (including offices of the Waterloo Region District School Board); place of worship; offices of the Family and Children Services of Waterloo Region; a lot zoned to permit a residential use; or another lot on which an Adult Sex Film Theatre is located. Such distance is to be measured from the closest points of the lot lines associated with each lot. (2) Despite Section 4.2, retail uses are permitted as accessory uses and shall be located on the same premises as the principal use to a maximum of 25 percent of the gross floor area of the building. (3) Shall be located within a multi-unit building containing at least one permitted use listed in Table 10-1 not subject to this provision. Individual units shall not exceed 1,500 square metres of gross floor area. (4) Shall not be located within 250 metres of a residential use, a day care facility, elementary school, secondary school or a post-secondary school or a lot zoned to permit a residential use, a day care facility, elementary school, secondary school or a post-secondary school. (5) Shall be permitted as an accessory use to at least one permitted use listed in Table 10-1 not subject to this regulation and shall be located within a multi-unit building containing. Individual units shall not exceed 1,500 square metres of gross floor area. (6) Despite Section 4.2, industrial administrative office uses are permitted as an accessory use and shall be located on the same premises as the principal use to a maximum of 25 percent of the gross floor area of the building. (7) Shall not include a noxious use. (8) A total maximum gross floor area of 10,000 square metres of office is permitted on a lot. City of Kitchener Zoning By-law 2019-01 SECTION 10 Page 4 of 5 (9) Shall not be located within 14 metres of a residential zone for a building constructed with openings or 7.5 metres of a residential zone for a building constructed without openings. 10.3 REGULATIONS The regulations for lots in an EMP zone are set out in Table 10-2 below. Table 10-2: Regulations for Employment Zones Regulation EMP-1 (1) EMP-2 (1) EMP-3 (1) EMP-4 (1) EMP-5 (1) 22 Minimum lot area 2,000 m 2,000 m Minimum lot width 12 m 12 m 12 m 25 m 25 m Minimum front yard 6 m 6 m 6 m 6 m 6 m setback Minimum interior 1.5 m 1.5 m 1.5 m 1.5 m 1.5 m side yard setback Minimum exterior 6 m 6 m 6 m 6 m 6 m side yard setback Minimum rear yard 7.5 m 7.5 m 7.5 m 7.5 m 7.5 m setback Minimum rear yard or side yard setback abutting a 1.5 m 1.5 m 1.5 m 1.5 m 1.5 m rail right-of-way or a hydro corridor Minimum setback abutting a residential zone for 7.5 m 7.5 m 7.5 m 7.5 m a building constructed without openings Minimum setback abutting a residential zone for 14 m 14 m 14 m 14 m a building constructed with openings Maximum building height for a building located less than 14 m 11 m 11 m 11 m 11 m 11 m from a yard abutting a residential zone City of Kitchener Zoning By-law 2019-01 SECTION 10 Page 5 of 5 (1) The regulations within Table 10-2 shall not apply to existing buildings or structures. 10.4 VISUAL BARRIER Where a lot zoned EMP abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 of this By-law. 10.5 OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. This shall not however prevent the display of goods or materials for retail purposes. 10.6 LOCATION OF PARKING SPACES AND LOADING SPACES New parking spaces shall not locate within 7.5 metres of a residential zone. City of Kitchener Zoning By-law 2019-01 SECTION 11 Page 1 of 2 Institutional (INS) Zones The Institutional zones apply to lands designated Institutional in the Official Plan. 11.1 APPLICABLE ZONES INS-1: Neighbourhood Institutional the purpose of this zone is to accommodate institutional uses intended to serve surrounding residential communities. INS-2: Major Institutional the purpose of this zone is to accommodate all types and intensities of institutional uses primarily intended to serve at city or regional scale. 11.2 PERMITTED USES No person shall, within any INS 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 11-1 below. Table 11-1: Permitted Uses within the Institutional Zones Use INS-1 (1) INS-2 (1) Adult Education School Cemetery Community Facility Continuing Care Community Cultural Facility (2) Day Care Facility Elementary School Funeral Home Health Clinic Hospice Hospital Large Residential Care Facility Place of Worship Post-Secondary School Secondary School (2) Small Residential Care Facility Social Service Establishment Additional Regulations for Permitted Uses Table 11-1 (1) Despite Section 4.2, accessory convenience retail, office, financial establishment, restaurant, and personal services shall be located in the same building as the principal use. (2) The maximum gross floor area shall be 6,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 11 Page 2 of 2 11.3 REGULATIONS The regulations for lots in an INS zone are set out in Table 11-2 below. Table 11-2: Regulations for Institutional Zones Regulation INS-1 (1) INS-2 (1) Minimum lot width 15 m 15 m Minimum front yard setback and minimum 6 m 4.5 m exterior side yard setback Minimum interior side yard setback 3 m 3 m Minimum rear yard setback 7.5 m 7.5 m Minimum yard setback abutting a lot zoned 7.5 m 7.5 m for a low density residential use Maximum building height 14 m (2) Maximum floor space ratio 1 (3) Minimum landscaped area 20% 30% Additional Regulations for Zone Regulations Table 11-2 (1) The regulations within Table 11-2 shall not apply to existing buildings or structures. (2) A base shall be required for buildings greater than 14 metres in height. The maximum base height shall be 14 metres. Portions of a building located above the base of the building shall have a minimum street line stepback of 3 metres and a minimum stepback of 3 metres where the base abuts a low-rise residential zone. (3) The maximum floor space ratio for a large residential care facility or a continuing care community shall be 2. 11.4 VISUAL BARRIER Where a lot zoned INS abuts a residential zone and new gross floor area is added to the lot, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 of this By-law. 11.5 OUTDOOR STORAGE No outdoor storage shall be permitted in an INS zone. City of Kitchener Zoning By-law 2019-01 SECTION 12 Page 1 of 2 Agriculture (AGR) Zones The Agriculture zones apply to lands designated Prime Agriculture in the Official Plan. 12.1 APPLICABLE ZONES AGR-1: Prime Agriculture the purpose of this zone is to protect the land base for agriculture, and support a thriving agricultural industry and rural economy. 12.2 PERMITTED USES No person shall, within any AGR zone, use or permit the use of any lot or erect, alter or use any building or structure for any purpose other than those permitted uses within Table 12-1 below. Table 12-1: Permitted Uses within the Agriculture Zones Use AGR-1 Agriculture Agriculture-Related (1) ! Existing Dwelling ! On-Farm Diversified Use (1)(2) Second Dwelling Unit (Attached) (2) ! Single Detached Dwelling (2) Additional Regulations for Permitted Uses Table 12-1 (1) The total area of land occupied by the use shall not exceed 2 percent of the total lot area. (2) Shall be permitted as an accessory use to a principal agriculture use on a lot. 12.3 REGULATIONS The regulations for lots in an AGR zone are set out in Table 12-2 below. Table 12-2: Regulations for Agriculture Zones Regulation AGR-1 Minimum Lot Area (1) 40 hectares Minimum Lot Width (2) 300 m Minimum Front Yard 10 m Minimum Side Yard 10 m Minimum Rear Yard 10 m Additional Regulations for Zone Regulations Table 12-2 (1) For existing lots with a lot area of less than 40 hectares, the minimum lot area shall be the existing lot area. City of Kitchener Zoning By-law 2019-01 SECTION 12 Page 2 of 2 (2) For existing lots with a lot width of less than 300 metres, the minimum lot width shall be the existing lot width. City of Kitchener Zoning By-law 2019-01 SECTION 13 Page 1 of 1 Natural Heritage Conservation (NHC) Zones The Natural Heritage Conservation zone applies to lands designated Natural Heritage Conservation in the Official Plan and is comprised of lands located within the natural heritage system and natural hazardous lands, being floodplain and floodway. 13.1 APPLICABLE ZONES NHC-1: Natural Heritage Conservation the purpose of this zone is to protect and/or conserve natural heritage features and their ecological functions. Further, it is intended to prevent the aggravation of existing natural hazards and/or the creation of new ones. 13.2 PERMITTED USES No person shall, within any NHC 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 13-1 below. Table 13-1: Permitted Uses within the Natural Heritage Conservation Zone Use NHC-1 Existing Agriculture Natural Heritage Conservation City of Kitchener Zoning By-law 2019-01 SECTION 14 Page 1 of 2 Existing Use Floodplain (EUF) Zones The Existing Use Floodplain zone applies to lands designated Natural Heritage Conservation in the Official Plan that are located within the floodway or floodplain where there is existing development subject to flooding hazards. All lands with the Existing Use Floodplain zone are subject to the flooding hazard provisions of 17.2.1. 14.1 APPLICABLE ZONES EUF-1: Existing Use Floodplain the purpose of this zone is to recognize existing uses within a floodway or floodplain. 14.2 PERMITTED USES No person shall, within any EUF zone, use or permit the use of any lot; or erect, alter or use any building or structure for any purpose other than those permitted uses within Table 14-1 below. Table 14-1: Permitted Uses within the Existing Use Floodplain Zones Use EUF-1 Existing uses The same type of use as the existing use A dwelling with the same or fewer dwelling units than that existing on, and continually used since the effective date of this By-law in a dwelling that was existing on the effective date of this By-law 14.3 REGULATIONS The regulations for lots in an EUF zone are set out in Table 14-2 below. Table 14-2: Regulations for Existing Use Floodplain Zones Regulation EUF-1 For All Uses Minimum lot width Existing lot width For Additions and Alterations to or Replacement of Existing Buildings 25% of existing ground floor building Maximum additional building floor area floor area Minimum front yard setback 4.5 m Minimum exterior side yard setback 4.5 m Minimum interior side yard setback for a 1.2 m building less than 9 m in height. Minimum interior side yard setback for a 2.5 m building between 9 m and 10.5 m in height. Minimum interior side yard setback for a 6 m building exceeding 10.5 m in height. City of Kitchener Zoning By-law 2019-01 SECTION 14 Page 2 of 2 Regulation EUF-1 Minimum rear yard setback 7.5 m 14.4 UNDERGROUND PARKING FACILITIES Parking spaces, loading spaces, or drive aisles shall not be located underground. City of Kitchener Zoning By-law 2019-01 SECTION 15 Page 1 of 2 Open Space and Recreation (OSR) Zones The Open Space and Recreation zone predominantly applies to lands designated Open Space in the Official Plan, but may be applied to lands within any land use designation in the Official Plan. . 15.1 APPLICABLE ZONES OSR-1: Recreation the purpose of this zone is to provide lands for parks and public recreational uses and facilities. OSR-2: Open Space: Greenways the primary purpose of this zone is for green space and buffers as part of a comprehensive and connected open space system. OSR-2 lands may be comprised of lands not used for park or active recreational purposes but which form part of the overall open space system. OSR-3: Open Space: Stormwater Management the purpose of this zone is for lands to be used primarily for stormwater management facilities. 15.2 PERMITTED USES No person shall, within any OSR 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 15-1 below. Table 15-1: Permitted Uses within the Open Space and Recreation Zone Use OSR-1 OSR-2 OSR-3 Cemetery Community Facility Outdoor Active Recreation ! ! Outdoor Passive Recreation ! ! Stormwater Management !!! Facility 15.3 REGULATIONS The regulations for lots in a OSR zones are set out in Table 15-2 below. Table 15-2: Open Space and Recreation Zone Regulations Regulation OSR-1 OSR-2 OSR-3 Minimum front yard setback 6 m 7.5 m 7.5 m Minimum interior side yard 6 m 7.5 m 7.5 m setback Minimum exterior side yard 6 m 7.5 m 7.5 m setback City of Kitchener Zoning By-law 2019-01 SECTION 15 Page 2 of 2 7.5 m or one- half the building Minimum rear yard setback height, 7.5 m 7.5 m whichever is greater. Minimum setback of any principal building from a 6 m 7.5 m 7.5 m residential zone City of Kitchener Zoning By-law 2019-01 SECTION 16 Page 1 of 1 Major Infrastructure and Utility (MIU) Zones The Major Infrastructure and Utility zone applies to lands designated Major Infrastructure and Utility in the Official Plan. 16.1 APPLICABLE ZONES MIU-1: Major Infrastructure and Utility the purpose of this zone is to provide for large scale infrastructure and utilities for public uses. 16.2 PERMITTED USES No person shall, within any MIU 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 16-1 below. Table 16-1: Permitted Uses within the Major Infrastructure and Utility Zones Use MIU-1 Electrical Transformer Station Public Works Yard ! Transportation Facility ! Waste Management Facility ! Water and Wastewater Treatment Facility ! 16.3 REGULATIONS The regulations for lots in a MIU zone are set out in Table 16-2 below. Table 16-2: Major Infrastructure and Utility Zone Regulations Regulation MIU-1 Minimum front yard setback 7.5 m Minimum exterior side yard setback 6 m Minimum interior side yard setback 6 m Minimum rear yard setback 7.5 m Minimum front yard, side yard, and rear yard setback abutting a 15 m residential zone 16.4 VISUAL BARRIER Where a lot zoned MIU abuts a residential zone, a visual barrier shall be provided along the abutting lot line in accordance with Section 4.18 herein. 16.5 OUTDOOR STORAGE No outdoor storage shall be permitted in any yard abutting a street, or within 7.5 metres of a residential zone. City of Kitchener Zoning By-law 2019-01 SECTION 17 Page 1 of 3 Overlays Overlays modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between the overlay and any other section of this By-law, the overlay will supersede only to the extent of the conflict. 17.1 APPLICABLE OVERLAYS Flooding Hazard - the purpose of this overlay is to identify lands that are susceptible to flooding hazards and prevent injury or the loss of life, minimize property damage and social disruption, and the aggravation of existing hazards and the creation of new ones. Slope Erosion Hazard - the purpose of this overlay is to identify lands that are susceptible to slope erosion hazards and prevent injury or the loss of life, minimize property damage and social disruption, and the aggravation of existing hazards and the creation of new ones. Significant Wildlife Habitat and Significant Landforms - the purpose of this overlay is to identify lands within Significant Wildlife Habitat and Significant Landforms that are subject to an Environmental Impact Study or other appropriate study prior to development, redevelopment, or site alteration. Ecological Restoration Areas - the purpose of this overlay is to identify lands within Ecological Restoration Areas that are subject to an Environmental Impact Study or other appropriate study prior to development, redevelopment, or site alteration. 17.2 REGULATIONS 17.2.1 Flooding Hazard a) Despite anything else in this By-law, the following uses shall not be permitted to locate within lands shown as affected by the Flooding Hazard Overlay: i) an institutional use which shall include a hospital, elementary school, secondary school, day care facility, small residential care facility, and large residential care facility: ii) an essential emergency service such as that provided by fire, police, and ambulance stations; and electrical substations; iii) a use with outdoor storage of any materials, either temporary or permanent; or, iv) a use with the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. City of Kitchener Zoning By-law 2019-01 SECTION 17 Page 2 of 3 b) Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to the development of any land, interference with wetlands, or alterations to shorelines or watercourses in accordance with the underlying zone, a permit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulation approved under the Conservation Authorities Act. c) Despite anything else in this By-law, within lands shown as affected by the Flooding Hazard Overlay, prior to new development, expansions, or alterations in accordance with the underlying zone, floodproofing standards and/or protection works standards shall be implemented. 17.2.2 Slope Erosion Hazard a) Despite anything else in this By-law, the following uses shall not be permitted to locate within lands shown as affected by the Slope Erosion Hazard Overlay: i) an institutional use which shall include a hospital, elementary school, secondary school, day care facility, small residential care facility, and large residential care facility: ii) an essential emergency service such as that provided by fire, police, and ambulance stations; and electrical substations; iii) a use with outdoor storage of any materials, either temporary or permanent; or, iv) a use with the disposal, manufacturing, treatment, or storage of hazardous chemicals and/or substances. b) Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to development, redevelopment, or site alteration in accordance with the underlying zone, the following must be demonstrated and achieved: i) the effects and risk to public safety are minor and can be mitigated in accordance with the standards; ii) development, redevelopment, or site alteration is carried out in accordance with Protection Works Standards, and access standards; iii) vehicles and persons have a way of safely entering and exiting the area during the times of erosion and other emergencies; iv) new hazards are not created and existing hazards are not aggravated; v) no adverse environmental impacts will result; and, City of Kitchener Zoning By-law 2019-01 SECTION 17 Page 3 of 3 vi) a permit shall be obtained from the Grand River Conservation Authority, where required by said Authority, in accordance with the applicable regulation approved under the Conservation Authorities Act. c) Despite anything else in this By-law, within lands shown as affected by the Slope Erosion Hazard Overlay, prior to any development or site alteration associated with existing uses within the limits of a slope erosion hazard, it must be demonstrated through a site-specific geotechnical or engineering assessment that: i) there is no feasible alternative location outside of the slope erosion hazard; ii) any proposed building or structure is located in the area of least risk; iii) there is no impact on existing or future slope stability and bank stabilization or erosion protection works are not required; iv) access for maintenance or emergency purposes is not prevented; and, v) where unavoidable, impacts on natural heritage features or ecological functions are minimized, and appropriate mitigative and remedial measures will adequately enhance or restore features and functions. 17.2.3 Significant Wildlife Habitat and Significant Landforms Despite anything else in this By-law, within lands shown as affected by the Significant Wildlife Habitat and Significant Landforms overlay, any development, redevelopment, or site alteration in accordance with the underlying zone will be subject to an Environmental Impact Study or other appropriate study. 17.2.4 Ecological Restoration Areas Any development, redevelopment or site alteration in accordance with the underlying zone will be subject to an Environmental Impact Study or other appropriate study. City of Kitchener Zoning By-law 2019-01 SECTION 18 Page 1 of 2 Transition Provisions 18.1 GENERAL TRANSITION MATTERS 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 85-1means: 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. 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 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. 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. City of Kitchener Zoning By-law 2019-01 SECTION 18 Page 2 of 2 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. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions Page 1 Site Specific Provisions 19.1 SITE SPECIFIC PROVISIONS Site specific provisions modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between a site specific provision and any other Section of this By-law, the site specific provision will supersede only to the extent of the conflict. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(1) (1) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84 and 121 of Appendix A, the following regulations shall apply: a) The maximum building height shall be 12 storeys; and, b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) shall be 6. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(2) (2) Within the lands zoned UGC-1, UGC-3, and UGC-4 and shown as affected by this provision on Zoning Grid Schedule 73, 74, 83, 84, 85, and 120 of Appendix A, the maximum floor space ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) shall be 6. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(3) (3) Within the lands zoned UGC-4 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 1; and, b) The maximum building height shall be 9 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(4) (4) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84, 85, 120, and 121 of Appendix A, the maximum building height shall be 6 storeys. For existing buildings exceeding 6 storeys, the maximum building height shall be the existing building height. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(5) (5) Within the lands zoned UGC-4 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the maximum building height shall be 9 metres within 25 metres of Market Lane. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(6) (6) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 73, 84, and 85 of Appendix A, bonusing in accordance with Section 4.3 (Bonusing) shall not be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(7) (7) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the maximum floor space ratio The maximum floor space ratio north (Bonusing) and the UGC-1 maximum floor space ratio using bonus values. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(8) (8) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84 and 85 of Appendix A, the maximum building height shall be 14 metres within 30 metres of the Joseph Street street line. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(9) (9) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 85 and 120 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 4.6. The maximum floor space ratio may exceed 4.6 in accordance with Section 4.3 (Bonusing) and the UGC-1 maximum floor space ratio using bonus values; and, b) The minimum yard setback abutting a Lane shall be 0 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(10) (10) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, and 84 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 5; b) Despite a), an additional floor space ratio of 3.2 for a total maximum floor space ratio of 8.2 is permitted through bonusing and a Section 37 Agreement that is registered on title against the subject lands; c) The minimum front yard setback shall be 0 metres and the storeys above the base facing Victoria Street shall have a 4.3 metre stepback; d) The minimum rear yard setback shall be 0 metres; e) The minimum side yard setback where the building abuts 11 and 13 Arthur Place shall be 3 metres (excluding the colonnade). The minimum stepback where the base abuts 11 Arthur Place shall be 4.6 metres (excluding architectural features); f) The minimum side yard setback where the building abuts 92 and 94 Victoria Street South shall be 0 metres (excluding the colonnade). The minimum stepback where the base abuts 92 and 94 Victoria Street South shall be 6 metres (excluding architectural features); g) The maximum base height shall be 14.5 metres and shall not include mechanical units or vertical features such as parapets or screen walls on the base; h) The maximum building height shall be 69 metres excluding mechanical or elevator penthouses; i) A minimum of 50% of the Victoria Street South ground floor façade shall be comprised of façade openings including commercial display windows, building entrances, or other such public areas; j) The maximum gross leasable commercial space for retail shall be 1,000 square metres, and no single retail outlet shall exceed 500 square metres; k) The minimum setback to a balcony from the front lot line shall be 2.5 metres; l) Architectural features (including a colonnade), shall be permitted in any required yard provided the minimum setback to the feature from a lot line is 0.5 metres; m) The minimum setback to an arterial road shall be 0 metres following the taking of any necessary road widenings; and, n) All parking on the site shall be contained within a parking structure. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(11) (11) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 85 of Appendix A, the maximum floor space ratio shall be 5.7. The maximum floor space ratio may exceed 5.7 in accordance with Section 4.3 (Bonusing) and the UGC-1 maximum floor space ratio using bonus values. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(12) (12) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the maximum floor space ratio Charles Street shall be 4.4. The maximum floor space ratio Charles Street may exceed 4.4 in accordance with Section 4.3 (Bonusing) and the UGC-1 maximum floor space ratio using bonus values. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(13) (13) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 7.5. The maximum floor space ratio may exceed 7.5 in accordance with Section 4.3 (Bonusing) and the UGC-3 maximum floor space ratio using bonus values; b) The maximum gross leasable commercial space for individual single retail establishments shall be 300 square metres and the maximum combined gross leasable commercial space for retail shall be 1,000 square metres; c) Non-residential uses shall be located only on the ground floor; d) Not less than 50 percent of the area of each ground floor façade addressing King Street West and Victoria Street South shall be devoted to façade openings. e) There shall be no minimum yard setback requirements for the base, including balconies and patio uses accessory to a restaurant; f) The minimum stepbacks for any portion of the building above the base shall be: i) 15 metres from the King Street West base façade; and ii) 3.5 metres from the Halls Lane base façade; g) The minimum base façade height shall be 12 metres; h) The maximum base façade height shall be 22.5 metres; i) The maximum building height for any portion of the building above the base shall be 70 metres provided that the other provisions of this site specific provision are satisfied; and, j) All provided off-street parking shall be located within a parking structure. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(14) (14) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The maximum floor space ratio shall be 7.5. The maximum floor space ratio may exceed 7.5 in accordance with Section 4.3 (Bonusing) and the UGC-3 maximum floor space ratio using bonus values; b) The maximum gross floor area for retail shall be 10,000 square metres; c) The maximum gross floor area for an individual, single retail use establishment 1,000 square metres; d) Retail shall be located in the first 2 storeys of a building; e) The minimum setback from King Street West shall be 7 metres measured from the back of curb; f) The minimum setback (for any building constructed after the date of passing of this By- law) from Victoria Street North or Duke Street West shall be 7 metres measured from the back of curb within 60 metres of King Street West and 2 metres measured from the back of curb for all other locations; g) The maximum base height shall be 21.5 metres; h) The maximum building height applicable to any building addition located above the 1913 portion of the Rumpel Felt Company building shall be 8.5 metres, measured from the highest point of the roofline of the 1913 portion of the Rumpel Felt Company building; i) For any building constructed after the date of passing of this By-law, not less than 50 percent of the area of any ground floor façade addressing King Street West and Victoria Street North shall be devoted to façade openings; and, j) Dwelling units, multiple dwellings, adult education school, commercial school, post- secondary school, secondary school and day care facilities may be permitted subject to the completion of a detailed Noise and Vibration Assessment, to assess both potential off- site and on-site transportation and stationary noise sources, to the satisfaction of the Region of Waterloo. Any building or part thereof used for a residential dwelling, adult education school, commercial school, post-secondary school, secondary school and/or day care facility shall be located 30 metres from the lot line abutting the CN Rail right-of- way. Buildings or parts thereof used for the above noted uses may be permitted where a 30 metre setback from the lot line abutting the CN Rail right-of-way can be provided. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(15) (15) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The bonus value(s) Dwelling Units the bonus value identified in Table 4-1; and, b) The maximum floor space ratio using bonus value(s) in accordance with Section 4.3 (Bonusing) may exceed 8. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(16) (16) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following regulations shall apply: a) The minimum floor space ratio shall be 1; b) The maximum floor space ratio shall be 3; c) Despite Subsection b), an additional floor space ratio of 3 shall be provided in exchange for community benefits secured through a Section 37 Agreement for a total maximum floor space ratio of 6; d) The maximum building height shall be 30.5 metres; e) No part of a building setback less than 1 metre from King Street shall exceed 27 metres in height. For any portion of a building exceeding 27 metres in height within 1 metre of King Street, a minimum 5 metre stepback is required; f) Architectural features such as a cantilevered overhead canopy may extend into the front yard to within 0.09 metres of the front lot line; g) A maximum of 123 parking spaces shall be provided on the subject lands; h) A minimum of 2 parking spaces out of the total number of parking spaces provided shall be electrical vehicle parking spaces; i) A minimum of 41 class A bicycle parking stalls and 28 class B bicycle parking stalls shall be required; j) A minimum of 2 showers located each within 8 square metres of shower and change facilities shall be required; and, k) A minimum of 1 motor vehicle ride-share space shall be required. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(17) (17) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, 84 and 85 of Appendix A, multiple dwelling and day care facility shall be permitted subject to: a) The Region of Waterloo and the City of Kitchener having received acknowledgment from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; and, b) The completion of a detailed Noise and Vibration Assessment, to assess both potential off-site and on-site transportation and stationary noise sources, to the satisfaction of the Region of Waterloo and the City of Kitchener. Any building or part thereof used for a multiple dwelling and/or day care facility shall be located 30 metres from the lot line abutting the CN Rail right-of-way. Buildings or parts thereof used for the above noted uses may be permitted where a 30 metre setback from the lot line abutting the CN Rail right-of- way can be provided. Under certain circumstances, the setback distance may be measured as a combination of horizontal and vertical distances, as long as the horizontal and vertical value add up to the recommended setback. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(18) (18) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 14 and 17 of Appendix A, one consolidated landscaped area comprising of 5% of the lot area shall be provided and maintained at the northern corner of the lot at Fischer-Hallman Road and University Avenue and shall form part of the minimum required landscaped area of 20% for the entire lot. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(19) (19) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 231 of Appendix A and shown as Proposed Lots 2, 3, 4, 5 and 6 on Figure 1 hereto, the following shall apply: a) For Proposed Lots 4, 5 and 6, the minimum rear yard setback shall be 15 metres; b) For Proposed Lot 2, the minimum rear yard setback shall be 30 metres; c) For Proposed Lot 3, the minimum rear yard setback shall be a line between the side lot lines measured from a point 15 metres from the rear lot line along the northern most side lot line to a point 30 metres from the rear lot line along the southern most side lot line; and, d) In the minimum rear yard setbacks described in a), b) and c) above, sewage disposal systems shall not be permitted. Figure 1: Site Specific Provision (19) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(20) (20) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 254 and 284 of Appendix A, the maximum building height shall be 25 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(21) (21) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 278 of Appendix A, the minimum yard setback from the Grand Hill Drive street line shall be 5 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(22) (22) Within the lands zoned INS-2 and shown as affected by this provision on Zoning Grid Schedule 71 and 72 of Appendix A, parking associated with permitted uses located at 911 Queens Boulevard may locate on 40 and/or 55 Spadina Road. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(23) (23) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 33, 34, 191, 192, 223 and 224 of Appendix A, the maximum total retail (including large merchandise retail) gross floor area within a multi-unit building or multi-unit development shall be 42,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(24) (24) Within the lands zoned COM-2 and MIX-3 and shown as affected by this provision on Zoning Grid Schedule 213, 245, and 246 of Appendix A, the maximum total retail (including large merchandise retail) gross floor area within a multi-unit building, multi-unit development, mixed- use building, or mixed-used development shall be 15,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(25) (25) Within the lands zoned EMP-4 and shown as affected by this provision on Zoning Grid Schedule 201 of Appendix A and shown in more on Figure 1 hereto, the minimum lot width shall be 17 metres. Figure 1: Site Specific Provision (25) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(26) (26) Within the lands zoned AGR-1 and shown as affected by this provision on Zoning Grid Schedule 60, 61, 97 and 98 of Appendix A, the use of lands for a pit shall only take place within the Limits of Extraction shown on Figure 1 hereto. Figure 1: Site Specific Provision (26) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(27) (27) Within the lands zoned MIX-1 and shown as affected by these provisions on Zoning Grid Schedule 24 of Appendix A, the following shall apply: a) The maximum floor space ratio for all uses shall be 2; and, b) Regulation 8.2 (1) shall not apply. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(28) (28) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 289 of Appendix A, individual retail outlets shall have no minimum gross floor area. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(29) (29) Within the lands zoned EMP-4 and COM-2 and shown as affected by this provision on Zoning Grid Schedule 139 and 178 of Appendix A, office shall be permitted to occupy up to 100 percent of the gross floor area and shall have a maximum floor space ratio of 0.5. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(30) (30) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 89 and 116 of Appendix A, the following regulations shall apply: a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall be permitted on the same lot as a permitted use in Table 9-1 requiring a minimum gross floor area of 1,500 square metres provided the total gross floor area of such individual retail outlets does not exceed 25 percent of the total gross floor area; and, b) All lands affected by this provision shall be deemed to be one lot for the purpose of calculating gross floor area and landscaped area. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(31) (31) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 46, 47, 67, and 68 of Appendix A, the following regulations shall apply: a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall be permitted on the same lot as a permitted use in Table 9.1 requiring a minimum gross floor area of 1,500 square metres provided the total gross floor area of such individual retail outlets does not exceed 25 percent of the total gross floor area; and, b) All lands affected by this provision shall be deemed to be one lot for the purpose of calculating gross floor area and landscaped area. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(32) (32) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 288 and 289 of Appendix A, individual retail outlets shall have no minimum gross floor area provided such retail outlets do not exceed a maximum total gross floor area of 1,533 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(33) (33) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid Schedule 41 of Appendix A, the following regulations shall apply: a) The minimum floor space ratio shall be 0.6; b) The maximum floor space ratio shall be 2; c) The maximum building height shall be 25 metres; and, d) The maximum number of storeys shall be 8. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(34) (34) Within the lands zoned EMP-4 and EMP-5 and shown as affected by this provision on Zoning Grid Schedule 187, 188, 228, 230 and 231 of Appendix A, the following regulations shall apply: a) The minimum front yard setback shall be 3 metres; and, b) The minimum rear yard setback shall be 15 metres and shall incorporate a 2 metre high berm. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(35) (35) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 47 and 67 of Appendix A, the minimum side or rear yard setback for a garbage enclosure shall be 0 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(36) (36) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid Schedule 48, 49 and 65 of Appendix A, the maximum total gross floor area for a place of worship shall be 93 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(37) (37) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 279, 289 and 290 of Appendix A, the following regulations shall apply: a) The minimum front yard and exterior side yard setback shall be 0 metres, except that no building shall be located within 5 metres of an above ground hydro line; b) Individual retail outlets having a gross floor area of less than 1,500 square metres shall be permitted on the same lot as a permitted use in Table 9.1 requiring a minimum gross floor area of 1,500 square metres provided the total gross floor area of such individual retail outlets does not exceed 25 percent of the total gross floor area. The maximum gross floor area for any individual retail outlet shall be 6,100 square metres; and, c) All lands affected by this provision shall be deemed to be one lot and the internal lot lines of the original lots shall not be construed to be lot lines for the purposes of any zoning regulations provided that all applicable regulations of this By-law relative to the lands as a whole and its external lot lines are observed. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(38) (38) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 92 and 93 of Appendix A, the following regulations shall apply: a) The maximum building height shall be 12 metres within 20 metres of a residential zone; and, b) Patios, decks and outdoor recreation areas associated with a restaurant shall not be located within 20 metres of a residential zone, and in no case shall a patio, deck or outdoor recreation area be located between any building and a residential zone. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(39) (39) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 125 of Appendix A, the following regulations shall apply: a) The Lancaster Street West street line shall be the front lot line; b) The Bridgeport Road street line shall be an exterior side lot line; and, c) The Hamel Street street line shall be an exterior side lot line and the minimum exterior side yard setback shall be 3 metres City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(40) (40) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 126 of Appendix A, the following regulations shall apply: a) A minimum width of the ground floor street line façade as a percent of the abutting street line shall not be required; and, b) A minimum percent of street line façade openings shall not be required. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(41) (41) Within the lands zoned MIX-2 and shown as affected by these provisions on Zoning Grid Schedule 125 and 126 of Appendix A, the following shall apply: a) A maximum gross floor area of 1,000 square metres is permitted for each individual freestanding retail outlet within existing and new buildings; and, b) A food store is only permitted in a mixed use development to a maximum gross floor area of 5,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(42) (42) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid Schedule 89, 90, 115, and 116 of Appendix A, the following shall apply: a) The following uses shall be permitted: i) Drive-through facility; and, ii) Large residential care facility. b) The following regulations shall apply: i) The minimum rear yard setback and interior side yard setback shall be 3 metres except where the lot line forms part of a boundary between a MIX-1 zone and a residential zone or a OSR-2 zone in which case the minimum setback shall be 7.5 metres; ii) The minimum front yard setback and exterior side yard setback to Elmsdale Drive for a multiple dwelling, large residential care facility or, small residential care facility shall be 3 metres for that portion of a building not exceeding 10.5 metres in building height and an additional setback of 1.5 metres shall be required for every additional 3 metres of building height thereafter; iii) The minimum front yard setback and exterior side yard setback to Ottawa Street for a multiple dwelling, large residential care facility or, small residential care facility shall be 3 metres; iv) The maximum building height for a multiple dwelling, large residential care facility and, small residential care facility shall be 24 metres v) Dwelling units are permitted on the ground floor; vi) Cluster townhouse dwellings, multiple dwellings, large residential care facilities and, small residential care facilities are permitted on a lot that does not contain a non-residential use; vii) The minimum floor space ratio for any lot containing only a non-residential use shall be 0.3; viii) The minimum floor space ratio shall not apply to individual buildings provided that the development is consistent with the Council approved Urban Design Guidelines and a Comprehensive Master Plan is prepared which demonstrates that the overall development will achieve the minimum floor space ratio; ix) The maximum floor space ratio shall be 2 where it has been demonstrated to the satisfaction of the City that the necessary infrastructure for storm and sanitary have sufficient capacity, and to the satisfaction of the City and the Region that surrounding streets and intersections have sufficient capacity; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(42) x) The maximum non-residential gross floor area shall not exceed 10,000 square metres of which retail shall not exceed a maximum gross floor area of 7,000 square metres; xi) One freestanding retail outlet shall be permitted to a maximum gross floor area of 6,500 square metres, and; xii) The minimum required parking spaces for a multiple dwelling shall be 1 parking space per dwelling unit. Visitor parking spaces shall be provided at a rate of 22.5% of the required. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(43) (43) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 253, 254, 284, and 285 of Appendix A, the maximum building height shall be 10 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(44) (44) Within lands shown as affected by this provision on Zoning Grid Schedule 227, 228, 229, 230, 231, 232, and 233 of Appendix A, no building or structure shall be permitted to exceed a height greater than a geodetic elevation of 359.66 metres above sea level. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(45) (45) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(46) (46) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 296 of Appendix A, a visual barrier shall be provided along the entire Limerick Drive street line. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(47) (47) Within the lands zoned INS-1 and shown as affected by this provision on Zoning Grid Schedule 67 of Appendix A, the maximum gross floor area of a place of worship shall not exceed 1,088.78 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(48) (48) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 279 and 289 of Appendix A, the following regulations shall apply: a) Individual retail outlets having a gross floor area of less than 1,500 square metres shall be permitted on the same lot as a permitted use in Table 9-1 having a minimum gross floor area of 1,500 square metres provided the total gross floor area of such individual retail outlets does not exceed 25 percent of the total gross floor area; and, b) No maximum gross floor area shall apply for an office use. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(49) (49) Within the lands zoned MIX-2 and MIX-3 and shown as affected by this provision on Zoning Grid Schedule 40, 41, 74, 83, 122, 125, 126, 220, 221, 224 and 239 of Appendix A, the minimum floor space ratio shall be 1 and the maximum floor space ratio shall be 4. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(50) (50) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(51) (51) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(52) (52) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(53) (53) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 43 of Appendix A, the following shall apply: a) The minimum interior side yard setback shall be 1.5 metres; b) The existing drive-through facility shall be permitted; and, c) Despite 4.18, the existing chain link fence along the lot line abutting a residential zone shall be permitted as a visual barrier. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(54) (54) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 43 of Appendix A, the existing drive-through facility shall be permitted; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(55) (55) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 11 of Appendix A, the following shall apply: a) Retail uses shall be permitted; b) A food store shall have a maximum gross floor area of 4,645 square metres; and, c) The maximum total gross floor area of retail for the entire site shall be 10,662 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(56) (56) Within the lands zoned MIX-1 and shown as affected by these provisions on Zoning Grid Schedule 207, 249, 250, and 253 of Appendix A, the following shall apply: c) A large residential care facility shall be permitted; d) The maximum floor space ratio for all uses shall be 2; e) The maximum non-residential gross floor area shall be 3,250 square metres; f) The maximum building height shall be 36 metres; g) The maximum number of storeys shall be 12; and, h) Regulation 8.2 (1) shall not apply. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(57) (57) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 4, 5, 12 and 13 of Appendix A, the following special regulations shall also apply: a) The minimum side yard setback where the side lot line abuts the boundary of the City of Waterloo shall be 0 metres. b) For the purposes of applying the regulations of this By-law the lands affected by this provision shall be considered to be one lot. c) The maximum gross floor area for all uses on the lands shall be 49,515.7 square metres. The lands will be permitted to develop in three phases with Phases 2 and 3 subject to Holding provisions to provide for a review of transportation issues associated with the development. i) Phase 1 will consist of a maximum of gross floor area of 32,050.5 square metres which will include the development of a retail anchor outlet having a maximum gross floor area of 17,186.5 square metres. Phase 1 is not subject to any Holding provisions. ii) Phase 2 will consist of up to an additional 6,967.7 square metres of gross floor area and is subject to a Holding provision. Phase 1 and Phase 2 provide for a cumulative total of 39,018 square metres of gross floor area on the City of Kitchener portion of the site. iii) Phase 3 will consist of the remainder of the cumulative total of 49,515.7 square metres of gross floor area permitted on the City of Kitchener portion of the site and is subject to a Holding provision. d) The maximum amount of gross floor area devoted to retail shall be 43,384.3 square metres. The following uses are excluded from the calculation of retail gross floor area: outside garden centre displays and areas devoted to parking spaces and loading spaces which are not fully enclosed. e) The maximum amount of gross floor area devoted to retail anchor outlets having a minimum size of 4,645 square metres of gross floor area shall be 17,186.5 square metres. f) The maximum amount of gross floor area devoted to individual retail outlets specializing in the retail of apparel and accessories shall be 9,290 square metres. g) The maximum amount of gross floor area devoted to individual outlets specializing in restaurant uses shall be 1,858 square metres. h) Individual retail outlets having a gross floor area of less than 1,500 square metres shall be permitted on the same lot as a permitted use in Table 9-1 requiring a minimum gross floor area of 1,500 square metres provided the total gross floor area of such outlets does not exceed 25 percent of the total gross floor area. Of this total, individual retail outlets having City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(57) a gross floor area less than 465 square metres shall be limited to a maximum total amount of 4,645 square metres of gross floor area. i) Where the municipal boundary bisects a parking space, if the majority of the parking space is in Kitchener the whole space shall be deemed to be in Kitchener. j) For all lands affected by this provision, the internal lot lines of the original lots shall not be construed to be lot lines for the purposes of any zoning regulations provided that all applicable regulations of this By-law relative to the lands as a whole and its external lot lines are observed. k) The minimum amount of office gross floor area to be provided on the site shall be 2,229.6 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(58) (58) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 4 of Appendix A, the following regulations shall apply: a) The minimum height for 50% of each building shall be 5 metres; b) A minimum of 1,394 square metres of office gross floor area shall be provided; c) A second storey of useable floor space shall be provided for not less than 50 percent of the total ground floor area; and, d) The minimum landscaped area shall be 3,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(59) (59) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 4 of Appendix A, the following regulations shall apply: a) The minimum height for 50% of each building face of each building shall be 5 metres, and; b) The minimum landscaped area shall be 1,600 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(60) (60) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 125 and 126 of Appendix A, the Lancaster Street West street line shall be the front lot line. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(61) (61) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 126 of Appendix A, the following regulations shall apply: a) The minimum floor space ratio shall not apply to the following: i) Additions to or expansions of a building(s) existing on the date of passing of this By-law; and, ii) Building(s) being added to the lot where a building(s) existed on the date of passing of this By-law provided that the existing building(s) are retained. b) The cumulative gross floor area of the building(s) on the lot must be equal to or greater than the gross floor area existing on the date of passing of this By-law. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(62) (62) Within the lands zoned MIX-1 and MIX-2 and shown as affected by this provision on Zoning Grid Schedule 71 and 72 of Appendix A, the following shall apply: a) A maximum gross floor area of 2,500 square metres is permitted for each individual freestanding retail outlet; and, b) A food store is only permitted in a mixed use development to a maximum gross floor area of 5,000 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(63) (63) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 114 and 148 of Appendix A, the following regulations shall apply: a) Parking spaces and drive aisles giving direct access to abutting parking spaces shall not be located within 6 metres of a street line; b) One consolidated woodlot, comprising of 11,890 square metres shall be conserved and maintained on the lot at the corner of Strasburg Road and Block Line Road; and, c) The minimum floor space ratio shall be 0.53. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(64) (64) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 168 and 199 of Appendix A, the following shall apply: a) The following additional uses shall be permitted: i) One food store to a maximum gross floor area of 4,645 square metres; and, ii) Retail. b) Gas station shall not be permitted; and, c) The following regulations shall apply: i) The maximum total gross floor area of commercial development on the lands inclusive of retail other than a home improvement store shall be 17,650 square metres; ii) The maximum total gross floor area of commercial development on the lands inclusive of retail may increase up to 25,500 square metres with the addition of a home improvement store; iii) The maximum gross floor area of any one store shall be 5,000 square metres with the exception of one home improvement store (no maximum) and one food store (maximum of 4,645 square metres); iv) The maximum gross floor area of free standing office buildings shall be 10,000 square metres; v) Outdoor storage is prohibited in connection with the retail of motor vehicles and major recreation equipment and major equipment supply and service, with the exception that the outdoor storage of fleet vehicles for an automobile rental establishment shall be permitted; and, vi) Day care facility may be permitted subject to the completion of a land use compatibility study to the satisfaction of the Region. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(65) (65) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 33 and 34 of Appendix A, one consolidated landscaped area comprising 5.8 percent of the lot area shall be provided and maintained on the lot at the corner of Queen's Boulevard and Fischer-Hallman Road and shall form part of the minimum required landscaped area of 20% for the entire lot. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(66) (66) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 167, 168, and 199 of Appendix A, only the following uses shall be permitted: a) Office to a maximum gross floor area of 10,000 square metres for any one building; b) Retail to a maximum gross floor area of 1,000 square metres per outlet may be permitted on the ground floor of a building that is 3 or more storeys in height; c) Day care facility (1); d) Health clinic; and e) Health office. (1) Shall only be permitted subject to the completion of a land use compatibility study to the satisfaction of the Region. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(67) (67) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 265 and 266 of Appendix A and shown in more detail on Figure 1 hereto, the following shall apply: a) Only the following uses shall be permitted, except that only multiple dwelling (which may include cluster townhouse dwellings), home occupation and studio shall be permitted within Areas A and B as indicated on Figure 1 hereto: i) ii) Pet services establishment; iii) Community facility; iv) Craftperson shop; (1) v) Day care facility; (1) vi) Dwelling unit; (2) vii) Elementary school; viii) Fitness centre; ix) Financial establishment; x) Health clinic; xi) Multiple dwelling; (3) xii) Museum; xiii) Office; xiv) Personal services; xv) Print shop; xvi) Place of worship; (1) xvii) Light repair operation; (1) xviii) Residential Care Facility; (4) xix) Restaurant; (1) xx) Retail; (5) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(67) xxi) Studio; (1) and, xxii) Veterinary services. b) Only the following regulations shall apply: i) The minimum yard setback shall be 1.5m; ii) The maximum building height shall be 36m; (6) iii) The minimum floor space ratio shall be 1; (7) iv) The minimum and maximum gross floor area for non-residential or non-educational establishment uses shall be 15% to 50%; (7) v) The maximum floor space ratio shall be 2; vi) The minimum street line façade height for non-residential buildings shall be 7.5m; vii) The minimum street line façade width shall be 50% of the length of the respective street line, except for Fairway Road and the north side of the Chicopee Hills Drive road frontage, where the minimum required façade width shall be 30%; viii) The minimum percent of street line façade openings for non-residential buildings shall be 20%; ix) The minimum landscaped area shall be 15%, which may include landscape areas not at grade; x) The following parking regulations shall apply: a. Vehicular parking for multiple dwellings shall be a minimum of 1.25 spaces per unit and a maximum of 1.75 spaces per unit; inclusive of a minimum of 15% visitor parking; b. Bicycle parking within a secure structure shall be a minimum of: i. 1 space / unit for multiple dwellings and dwelling unit; and, ii. 1 space / 500m2 for all other uses. c. All other parking regulations shall be in accordance with Section 5 of this By-law. (1) Must be in a building containing a minimum of 3 permitted uses and shall not apply to a day care facility as an accessory use to an elementary school. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(67) (2) May be permitted on the ground floor of a building provided that the ground floor that fronts onto Chicopee Hills Drive as identified on Figure 1 hereto contains permitted non-residential uses. Dwelling units on the ground floor of a building used entirely for residential are permitted as it is a multiple dwelling. (3) A building in the form of a townhouse that is attached to a multiple dwelling or that has units divided vertically in addition to horizontally (i.e. a stacked townhouse dwelling) shall entirely be considered a multiple dwelling. For locations not within Areas A and B as indicated on Figure 1 hereto, this shall not include cluster townhouse dwellings. (4) Shall not include a small residential care facility. (5) Shall not exceed 3,000 square metres of gross floor area for each individual retail outlet, with the exception of a food store which shall not exceed 5,000 square metres of gross floor area. The total gross floor area of all retail shall not exceed 10,000 square metres. (6) Provided that no building or structure shall exceed a height greater than a geodetric elevation of 356.5 metres above sea level in accordance with the Region of Waterloo International Airport Zoning Regulations issued by Transport Canada under the Aeronautics Act. Buildings greater than 4 storeys (approximately 13.5 metres in building height) shall have a base. Portions of buildings between 5 and 8 storeys (approximately 13.5 to 26 metres in building height) shall have a minimum stepback of 3 metres. Portions of buildings between 9 and 12 storeys (approximately 26 metres to 36 metres in building height) shall have a 4.5 metre stepback. Despite the minimum stepbacks, no portion of a building is permitted within the 45 degree angular plane as measured from the west side of the Lackner Boulevard right-of-way or to the opposite side of the internal private/condominium road identified on Figure 1 hereto, in accordance with an approved Urban Design Study. (7) Individual buildings or blocks will not be required to achieve the minimum floor space ratio or minimum non-residential/non-educational establishment gross floor area provided there is an approved Urban Design Study that includes a conceptual Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio and achieve a minimum of 15% and a maximum of 50% of the gross floor area as non-residential or non-educational establishment uses across the whole site. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(67) Figure 1: Site Specific Provision (67) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(68) (68) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, the following regulations shall apply: a) The minimum front yard setback shall be 2.4 metres; b) The minimum exterior side yard setback shall be 4 metres; c) The minimum width of the primary ground floor street line façade shall be 50% of the length of the abutting street lines. Individual buildings will not be required to achieve the minimum width of the primary ground floor street line façade provided there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum width of the primary ground floor street line façade requirement; d) The minimum floor space ratio shall be 1. Individual buildings will not be required to achieve the minimum floor space ratio provided there is an approved Urban Design Brief that includes a Master Site Plan that demonstrates the overall development can achieve the minimum floor space ratio; e) Dwelling units shall be permitted on the ground floor of a mixed-use building; f) Any building directly fronting onto Weber Street shall contain a minimum of 650 square metres of street-facing, ground-level floor area, with a minimum ceiling height of 4.5 metres, devoted to commercial use; g) The maximum gross floor area of retail shall be 6,300 square metres and such gross floor area shall be contained within buildings that comprise more than 50 percent non-retail uses; h) The maximum building height for any building directly fronting Weber Street shall be 41 metres. The maximum building height for all other buildings shall be 48 metres; i) The minimum distance between portions of buildings higher than 4 storeys shall be 25 metres; j) Every building greater than 4 storeys shall have a minimum 4 storey base comprised of a material that is distinct from the storeys above the base with respect to articulation, massing, or a combination thereof; and, k) A hotel with a maximum of 102 guest rooms plus a maximum of 930 square metres of floor area used for restaurant, retail, banquet or convention purposes and a mixed-use building containing a maximum of 124 dwelling units and a maximum of 685 square metres of commercial space shall require a minimum of 200 parking spaces. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(69) (69) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid Schedule 24 and 207 of Appendix A, the following shall apply: a) Terraces, porches and decks associated with a dwelling may be located within a required exterior side yard provided the terrace, porch or deck is set back a minimum of 1.5 metres from the lot line abutting a street whether or not covered and provided they are not enclosed and do not exceed 1.2 metres in height above finished grade level. All railings that are attached to a terrace, porch or deck shall be constructed in a manner and of materials that do not obstruct visibility of approaching traffic; b) The minimum setback for any residential building or part thereof, located on a lot which is metres from the street line, provided however that for multiple dwellings containing a minimum of four dwelling units, or any residential building with primary access from such arterial road, the setback requirements of the applicable zone shall apply. Any buildings located less than 12 metres from an arterial road shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms; c) On a corner lot abutting two streets, the driveway shall not be located closer than 7 metres to the intersection of the street lines abutting the lot; and, d) On a corner lot abutting the same street, the driveway shall not be located closer than 4.5 metres to the intersection of the street lines abutting the lot. e) For a back-to-back townhouse multiple dwelling, the following regulations shall apply: i) The minimum front yard setback shall be 3 metres and no part of any building used to accommodate off-street parking shall be located closer than 6 metres from the front lot line; ii) The minimum lot area shall be 78 square metres; iii) The minimum lot width shall be 6 metres; iv) The minimum corner lot width shall be 9.5 metres for each dwelling and 12.5 for each dwelling unit; v) The minimum side yard setback for end units shall be 0.6 metres and in no case shall an end unit be located closer than 1.8 metres to a dwelling on the adjacent lot; vi) The minimum exterior side yard setback shall be 3 metres; vii) The minimum rear yard setback shall be 0 metres; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(69) viii) The minimum landscaped area shall be 6.5% (1); ix) The maximum number of attached units shall be 16; x) The maximum building height shall be 12.5 metres; xi) Encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1 metre from the exterior side yard lot line. xii) More than one back-to-back townhouse dwelling shall be permitted on a lot provided that each dwelling has direct access to an internal private driveway or road that is a common element in a registered Condominium connecting to a public in a Plan of Condominium. For purposes of this regulation, the front lot line for each Unit in a Plan of Condominium shall be deemed to be that lot line abutting the internal driveway portion of the common element or a public street, and the dwelling on such a Unit shall comply with all applicable zoning regulations, including but not limited to setbacks, lot area, lot width and parking. f) For a multiple dwelling, the following regulations shall apply: i) The minimum front yard setback shall be 3 metres and no part of any building used to accommodate off-street parking shall be located closer than 6 metres from the front lot line; ii) The minimum side yard setback shall be 1.2 metres; iii) The minimum exterior side yard setback shall be 3 metres; iv) The minimum rear yard setback shall be 7 metres; v) The minimum landscaped area shall be 15% (1); vi) A 0.5 metre encroachment may be permitted for a porch and/or balcony provided the minimum setback to the encroachment is 1.5 metres from the front yard lot line and/or exterior side yard lot line abutting a street; vii) A 1 metre encroachment may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1 metre from the front yard lot line and/or exterior side yard lot line abutting a street; (1) For the purposes of this provision, landscaped area shall mean an area in a rear yard used for landscaping and/or an area on a front, rear, side or roof top balcony or deck which has direct access from the interior of the dwelling unit but which does not serve as a primary access into the dwelling unit. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(70) (70) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 115 and 116 of Appendix A, the following shall apply: a) The following regulations shall apply for a restaurant: i) A front yard setback of 2.2 metres; ii) A side yard setback abutting Ottawa Street South of 10.4 metres; iii) A side yard setback abutting a corner visibility triangle of 4 metres; iv) An interior side yard setback of 20 metres; and, v) A rear yard setback of 25 metres. b) The following uses shall not be permitted: i) Conference, convention or exhibition facility; ii) Automotive detailing and repair operation; and, iii) Retail of motor vehicles and major recreational equipment. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(71) (71) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 220 of Appendix A, the following regulations shall apply: a) The minimum rear yard setback shall be 3 metres; and, b) Drive aisles giving direct access to abutting parking spaces shall not be located within 1 metre of the King Street East, Weber Street East and Florence Avenue street lines. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(72) (72) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 9, 10, 11, 12, 13, 18, 19, 20, 21, 32, 34, 47, 48, 65, 66, 70, 76, 88, 93, 109, 111, 112, 133, 134, 150, 151, 152, 153, 154, 163, 164, 165, 166, 169, 170, 189, 203, 206, 207, 211, 214, 222, 223, 230, 231, 233, 235, 236, 237, 247, 248, 249, 255, 257, 265, 266, 268, 270, 271, 272, 273, and 279 of Appendix 'A', existing stormwater management facilities shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(73) (73) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 144, 145, 215, 216, 243, 244, 259, 260, 279, 280, 281, 282, 286, 287, 288, 296, and golf course shall also be permitted and no building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(74) (74) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 30, 48, 88, 126, 27, 130,131,132,184,185, 213, 214, 215, 237, 244, 245, 250, 252, 254, 255, 257, 258, 262, 264 and 266 of Appendix 'A', existing driveways, existing residential dwellings and any existing buildings or structures accessory thereto shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(75) (75) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 278 of Appendix 'A', the existing tennis court shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(76) (76) Within the lands zoned EMP-3, EMP-4, and NHC-1 and shown as affected by this provision shall apply: a) On lands zoned EMP-3, EMP-4, and NHC-1, the following uses shall be permitted: i) Agriculture (1) ii) Amusement park (1) iii) Campground (1) iv) Commercial Entertainment (2) v) Conference, convention or exhibition facility (1) vi) Convenience retail vii) Curling Rink or Arena (1) viii) Fitness centre (1) ix) Golf course (1) x) Outdoor active recreation (1) b) On lands zoned EMP-3 and NHC-1, the following use shall be permitted: i) Office (3) c) Additional regulation (6- shall not apply. (1) Retail is permitted as an accessory use and shall be located on the same premises as the principal use permitted in this provision to a maximum of 25 per-cent of the gross floor area of the building. (2) For the purposes of this provision, commercial entertainment shall be defined as follows: Commercial Entertainment means the use of a premises 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/or play facility as well as accessory retail thereto. Commercial entertainment shall not include an adult sex film theatre or amusement park. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(76) (3) An office is permitted to a total maximum gross floor area of 10,000 square metres on a lot. Retail is permitted as an accessory use and shall be located on the same premises as the office to a maximum of 25 per-cent of the gross floor area of the building. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(77) (77) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid and buildings or structures devoted to the maintenance, administration and operation thereof shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(78) (78) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid Schedule 125, 126, 137 and 138 of Appendix 'A', office shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(79) (79) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid Schedule 125, 126, 137, and 138 of Appendix A, no building shall be located within 7.62 metres of a NHC-1 zone boundary. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(80) (80) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 15, 16, 37, 38, 144, 145, 172, 280, 243, 244, 259, 279, 281, 282, 286, 287 and 288 of a) The following uses are also permitted: i) Golf course ii) Curling Rink or Arena (1) iii) Swimming Facility (1) iv) Tennis Facility (1) b) No building, except that which primarily functions for maintenance or storage purposes, shall be located within 22 metres of a property zoned for a low density residential use. (1) Shall be subordinate to and located on the same premises as a golf course. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(81) (81) Within the lands zoned EMP-1 and shown as affected by this provision on Zoning Grid Schedule 83 of Appendix A, the following shall apply: a) Office shall be permitted to occupy 65% of the gross floor area of the existing building; and, b) The maximum gross floor area of any individual unit of office shall be 250 square metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(82) (82) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid Schedule 167 of Appendix 'A', office shall be permitted within the existing building located closest to Beasley Drive. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(83) (83) Within the lands zoned EMP-5 and shown as affected by this provision on Zoning Grid Schedule 138 of Appendix 'A', an animal shelter shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(84) (84) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 249, 250, 252, and 253 of Appendix 'A', the following shall apply: a) The following uses shall be permitted: i) Place of Worship; ii) Small Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3; iii) Large Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3; and, iv) Dwelling Units located within a mixed use building containing at least one other permitted use listed in Table 9-1, and except for access, shall not be located on the ground floor. The maximum floor space ratio for dwelling units shall be 2. b) In addition to regulation (7) within Table 9-1, an office use shall also not exceed a floor space ratio of 0.5. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(85) (85) Within the lands zoned MIX-1, MIX-2, and MIX-3 and shown as affected by this provision on Zoning Grid Schedule 42, 125, 168, and 169 of Appendix A, the following shall apply: a) A drive-through facility shall be permitted in accordance with Section 4.15.3 and shall be located within a mixed-use building or multi-unit building except for an existing drive- through facility located within a free-standing building. b) 0 parking spaces shall be required for a drive-through facility, and stacking spaces shall be provided in accordance with Section 5.11 herein. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(86) (86) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 200, 201, 214 and 215 of Appendix 'A', the stamping, blanking or punch-pressing of metal shall be permitted with the existing buildings. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(87) (87) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 200, and 201 of Appendix A, the melting, casting, stamping, blanking or punch-pressing of metal shall be permitted with the existing buildings. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(88) (88) Within the lands zoned COM-1 and COM-3 and shown as affected by this provision on veterinary services, only within an enclosed building, shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(89) (89) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 227, 230, 231, 232 and 232 of Appendix A, the primary production of asphalt and concrete as well as the reprocessing of returned asphalt and concrete shall be permitted on the lands, provided that any new or expanded asphalt or concrete plant facilities are not located closer to Forwell Road than the asphalt or concrete plant existing on the lands prior to the passing of By-law 87-67. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(90) (90) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 17 of Appendix A, the following regulations shall apply: a) The minimum northeasterly side yard setback shall be 2 metres; and, b) The parking spaces and drive aisles giving direct access to abutting parking spaces shall be permitted to locate within 1 metre of the Fischer-Hallman Road street line. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(91) (91) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid Schedule 126 and 127 of Appendix A, the following uses shall be permitted in the existing building: a) ; b) Pet services establishment; c) Carwash; d) Commercial parking facility; e) Outdoor active recreation; f) Commercial school; g) Craftsperson shop; h) Financial establishment; i) Fitness centre; j) Funeral home; k) Health clinic; l) Health office; m) Home occupation; n) Hotel; o) Indoor recreation; p) Light repair operation; q) Office; r) Museum; s) Personal services; t) Place of worship; u) Print shop; v) Restaurant; w) Retail; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(91) x) Automotive detailing and repair operation; y) Veterinary Services; and, z) Warehouse. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(92) (92) Within the lands zoned EMP-4 and shown as affected by this provision on Zoning Grid Schedule. 138, 139, and 178 of Appendix A, the following uses shall be permitted: a) Office to a maximum floor space ratio of 0.5; and, b) Convenience retail as an accessory use located on the same premises as the principal use to a maximum of 25 per cent of the gross floor area of the building not to exceed 465 square metres of gross floor area. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(93) (93) Within the lands zoned COM-1 and COM-2 and shown as affected by this provision on Zoning Grid Schedule 48, 49, 65, 139, of Appendix A, a place of worship shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(94) (94) Within the lands zoned INS-1 and shown as affected by this provision on Zoning Grid Schedule 83, of Appendix A, the existing single detached dwelling shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(95) (95) Within the lands zoned EMP-5 with a Slope Erosion Hazard overlay and shown as affected by this provision on Zoning Grid Schedule 137 of Appendix A, off-street surface parking and light vehicle access shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(96) (96) Within the lands zoned COM-1 and shown as affected by this provision on Zoning Grid Schedule 262 and 263 of Appendix A, for uses located within the existing building, 41 parking spaces shall be provided in accordance with all other requirements of Section 5 of this By-law. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(97) (97) Within the lands zoned INS-2 and shown as affected by this provision on Zoning Grid Schedule 112 of Appendix A, the following shall apply: a) The following uses shall be permitted: i) Agriculture; ii) Craftsperson shop; iii) Exhibition facility; iv) Museum; v) Outdoor active recreation; vi) Outdoor passive recreation; and, vii) Single detached dwelling to a maximum of two (2) on the lot. b) Despite Section 5.2 (Parking, Loading, and Stacking), parking associated with permitted uses located on Plan 1471 Pt. Lots 12 and 13 may locate on Plan 1471 Pt. Lot 12 RP 55R-6714 Pt. 2. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(98) (98) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 71 of Appendix A, a parking lot with a maximum of four (4) parking spaces shall be permitted not less than 0.8 metres from a street line and ingress and egress of motor vehicles to and from the street shall be permitted in a reverse motion. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(99) (99) Within the lands zoned NHC-1 and OSR-2 and shown as affected by this provision on Zoning Grid Schedule 264 of Appendix A, existing cultural heritage resources shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(100) (100) Within the lands zoned NHC-1 and OSR-2 and shown as affected by this provision on Zoning Grid Schedule 264 and 274 of Appendix A, flood and erosion control projects and existing cultural heritage resources shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(101) (101) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 4, 5, 12, and 13 of Appendix A, the following shall apply: a) The following uses shall not be permitted: i) Car wash; ii) Day care facility; iii) Drive-through facility for a restaurant ; iv) Gas station; v) Hotel; and, vi) Major Equipment Supply and Service. b) A free-standing food store with a gross floor area greater than 465 square metres shall not be permitted. The storage, preparation and display of food for sale may be permitted to a maximum of 4,645 square metres of gross floor area internal to not more than one retail store on the lot. c) Retail of motor vehicles and major recreation equipment shall not be permitted as a freestanding use but shall be permitted as a subordinate use located in the same building as a permitted retail use. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(102) (102) Within the lands zoned MIX-2 shown and shown as affected by this provision on Zoning Grid Schedule 125 and 126 of Appendix A the following uses shall not be permitted unless existing at the date of passing of this By-law or the City of Kitchener has received acknowledgement from the Ministry of the Environment advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation: a) Day Care Facility; b) Large Residential Care Facility; and, c) Multiple Dwelling. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(103) (103) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid a) Single-detached dwelling; b) Trade including the assembly of street buggies but shall not include an automotive detailing and repair operation; c) Personal services; and, d) Manufacturing. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(104) (104) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 126 of Appendix A, the following uses shall not be permitted: a) Day care facility; and, b) Large residential care facility. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(105) (105) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 150, 151, 166, 167, 168, 169, 198, 199, 200 and 201 of Appendix A the following uses shall be permitted: a) Manufacturing including stamping, blanking or punch-pressing of metal; b) Pet services establishment; c) Pet boarding; d) Computer, electronic or data server or processing establishment; e) Financial establishment (1); f) Private club or lodge; g) Scientific, technological or communications establishment; h) Research and development establishment; i) Surveying, engineering, planning or design establishment (2); j) Veterinary services; k) Health office (3); Additional Regulations (1) Shall not be required to locate within a multi-unit building containing at least one permitted use listed in Table 10-1 and individual units shall be permitted to exceed 1,500 square metres of gross floor area. (2) Shall be located within a multi-unit building. (3) For the purposes of this regulation, health office shall be defined as follows: Health Office means a building or part thereof in which a maximum of two health professionals provide consultative, diagnostic and treatment services. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(106) (106) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 168 and 199 of Appendix A the following uses shall be permitted: a) Manufacturing including stamping, blanking or punch-pressing of metal; b) Pet services establishment; c) Pet boarding; d) Computer, electronic or data server or processing establishment; e) Financial establishment (1); f) Private club or lodge; g) Scientific, technological or communications establishment; h) Research and development establishment; i) Surveying, engineering, planning or design establishment (2); j) Veterinary services; k) Health office (3); l) Commercial recreation (4); Additional Regulations (1) Shall not be required to locate within a multi-unit building containing at least one permitted use listed in Table 10-1 and individual units shall be permitted to exceed 1,500 square metres of gross floor area. (2) Shall be located within a multi-unit building. (3) For the purposes of this regulation, health office shall be defined as: Health Office means a building or part thereof in which a maximum of two health professionals provide consultative, diagnostic and treatment services. (4) For the purposes of this regulation, Commercial Recreation shall be defined as: Commercial Recreation means the use of an establishment, for a fee, for the provision of athletic and amusement facilities involving the active participation of the user-public in a sports-related activity and shall include, for example, such facilities as racquet courts, fitness club, billiard parlour, bowling alley, golf courses and driving range, skating or curling surfaces, riding stables, water sports, go-kart track or amusement parks, but shall not include an amusement arcade. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(107) (107) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 231 and 232 of Appendix A, outdoor recycling operation shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(108) (108) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 116, 138, 139, 178, 179, 188, 189, 227 and 228 of Appendix A, no dwelling units shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(109) (109) Within the lands zoned COM-3 and shown as affected by this provision on Zoning Grid Schedule 249, 250, 252, and 253 of Appendix A and shown in more detail on Figure 1 hereto, the following shall apply: a) A small residential care facility and/or large residential care facility shall be permitted in accordance with the regulations for the INS-1 zone within Section 11.3. b) Car wash; gas station; large merchandise retail; retail of motor vehicles and recreational equipment; ; transportation depot and warehouse shall not be permitted c) Despite Section 11.3, a building may be permitted with a front yard setback of 1.7 metres from the proposed roundabout street line at New Dundee Road and Robert Ferrie Drive. Figure 1: Site Specific Provision (109) City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(110) (110) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 126 of Appendix A, dwelling units shall not be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(111) (111) Within the lands zoned AGR-1 and shown as affected by this provision on Zoning Grid Schedule 60, 61, 97, and 98 of Appendix A, a pit shall also be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(112) (112) Within the lands zoned COM-3 and COM-4 and shown as affected by this provision on Zoning Grid Schedule 10, 11, 31, 47 and 72 of Appendix A, only parking shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(113) (113) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid Schedule 126 and 136 of Appendix A, the following uses shall be permitted: a) Convenience retail; b) Financial establishment; c) Health office; d) Personal services; e) Restaurant; f) Pet services establishment; g) Veterinary services; h) Office, up to a maximum of 186 square metres of the total building floor area; and, i) Retail, up to a maximum of 186 square metres of the total building floor area. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(114) (114) Within the lands zoned NHC-1 and OSR-2 and shown as affected by this provision on Zoning Grid Schedule 232, 279, 280, 281 and 287 of Appendix A, outdoor recreation involving the discharging of firearms shall not be permitted, which does not include archery tackle. Minor modifications to the existing structure associated with the outdoor firing range, primarily for the purpose of mitigating noise, shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(115) (115) Within the lands zoned EUF-1 and shown as affected by this provision on Zoning Grid Schedule 72 of Appendix A, only the following uses shall be permitted: a) Health clinic; and, b) Health office. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(116) (116) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 41 and 73 of Appendix A, the following shall apply: a) No minimum ground floor street line façade width shall apply along Gage Avenue; and, b) Regulation 8.2 (1) shall not apply. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(117) (117) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 112 of Appendix A, a surface driveway may be permitted provided no structures of any kind are erected thereon. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(118) (118) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 220 and 239 of Appendix A, the maximum building height on a lot containing a mixed use building shall be 12 storeys or 36 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(119) (119) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 152 and 165 of Appendix A, the following shall apply: a) No dwelling units shall be permitted; and b) Off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands zoned MIX-3 shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(120) (120) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 152 and 165 of Appendix A, the following shall apply: a) The ground floor of any building located within 25 metres of the Strasburg Road street line shall have a minimum height of 4.5 metres; b) No minimum or maximum percent of non-residential gross floor area is required; and, c) Regulation 8.2 (1) shall not apply. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(121) (121) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 234 of Appendix A, the following uses shall be permitted at such time as a Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and: a) Small Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3; and, b) Large Residential Care Facility in accordance with the regulations for the INS-1 zone within Section 11.3. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(122) (122) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 152 of Appendix A, the following shall apply: a) The ground floor of any building located within 25 metres of the Huron Road street line shall have a minimum height of 4.5 metres; b) No minimum or maximum percent of non-residential gross floor area is required; and, c) Regulation 8.2 (1) shall not apply. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(123) (123) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 163 of Appendix A, off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(124) (124) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 195 of Appendix A, existing manufacturing shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(125) (125) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 73 and 74 of Appendix A, the following shall apply: a) For the purposes of this regulation: i) n the subject lands and includes a 6 storey office addition thereto; ii) tall building connecting base to the top and housing the primary function; iii) of the building; b) The maximum brewpub gross floor area shall be 1,100 square metres; c) Internal lot lines created by registration of a plan of condominium or consent shall not be construed to be lot lines for the purpose 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 or consent are strictly observed; d) The maximum floor space ratio shall be 3; e) An additional floor space ratio of 4 shall be permitted in exchange for community benefits set out in this by-law and secured through a Section 37 Agreement for a total maximum floor space ratio for the site of 7; f) The maximum building height for the Huck Glove Building shall be 33.5 metres; g) The minimum setback to Victoria Street for the ground floor of any building constructed after the effective date of this by-law shall be 2 metres. The minimum setback to Victoria Street for all other floors shall be 0 metres; h) For the Huck Glove Building, the minimum setback from Bramm Street and the common lot line shared with 100 Victoria Street South shall be 0 metres; i) The façade of any ground floor abutting Victoria Street shall be permitted to locate further than 4 metres from the Victoria Street street line; j) The minimum Bramm Street setback for a building containing dwelling units shall be 0 metres for the first 4 storeys, and 4 metres for portions above 4 storeys. Balconies and canopies are included in this setback; k) The maximum building height for a tall building shall be 85 metres and shall not include roof top mechanical equipment; l) The maximum Floor Plate size per floor of the Tower shall be 900 square metres for floors 5 and above and shall not include rooftop stairs, mechanical rooms, or storage rooms; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(125) m) The minimum setback from the north and west common lot lines with 55 Bramm Street for any building up to 4 storeys shall be 1 metre. For any building 5 storeys or greater, the minimum setback shall be 13.5 metres; n) The minimum setback for the Tower on the subject lands and the common lot line with 100 Victoria Street South shall be 29 metres; o) The minimum setback to the common lot line with 100 Victoria Street South for the stairwell accessing the fifth storey of the Tower shall be 0 metres; p) For the fifth floor and above, a minimum 0.9 metre stepback from the east façade of the base shall be required, and shall exclude projecting balconies; q) The following parking regulations shall apply: i) All parking spaces for the site shall be shared among all uses and visitor parking shall not be separately demarcated; ii) A combined total of 45 indoor and outdoor bicycle parking stalls shall be provided; and, iii) A minimum of 5 showers shall be required and each shall be located within 8 square metres of change facility. r) The following bonusing regulations shall apply: i) Pursuant to Section 37 of the Planning Act, the floor space ratio of development permitted by this By-law are subject to compliance with the conditions set out in this By-law and in return for the provision by the owner of the site the following community benefits listed below, the provisions of which shall be secured by an agreement pursuant to Section 37 of the Planning Act: a. Transportation Demand Management Measures including, bicycle parking stalls, and shower and change facilities; b. Dwelling units in a UGC zone; c. Water and Energy conservation; d. Heritage conservation of a heritage building or heritage façade for which a Heritage Preservation and Maintenance Easement Agreement (a Heritage Easement or Covenant under Section 37(1) of the Ontario Heritage Act) is registered on title of the subject lands on which the heritage building is situated; e. Provision of a transit shelter; and, City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(125) f. Provision of an outdoor amenity area that is accessible to the public and includes high quality landscaping and materials, and public seating; ii) Upon execution and registration of an agreement with the owner of the site pursuant to Section 37 of the Planning Act, securing the provisions of the facilities, services and matters listed in Subsection i), the site is subject to the provisions of this By-law, provided that in the event the said agreement requires the provision of a facility, service or matter as a precondition to the issuance of a building permit, the owner may not erect or use such building until the owner has satisfied the said requirements; and, iii) The additional floor space ratio authorized pursuant to Subsection e) may be transferred within the lands affected by this regulation. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(126) (126) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 83 and 122 of Appendix A, the following uses shall not be permitted unless existing on the date of passing of the By-law: a) Day care facility; b) Dwelling unit; c) Large residential care facility; d) Lodging house; e) Multiple dwelling; and, f) Small residential care facility. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(127) (127) Within the lands zoned OSR-2 and shown as affected by this provision on Zoning Grid Schedule 153 and 164 of Appendix A, the following shall apply: a) Off-street parking, vehicular access, pedestrian access, amenity space and other uses associated with or accessory to permitted uses located on adjacent lands shall be permitted; and, b) The lands zoned OSR-2 shall be permitted to be included in the calculation of floor space ratio for permitted uses located on adjacent lands. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(128) (128) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the number of required parking spaces for all uses within an existing building shall be the lesser of: a) The number of existing parking spaces; or b) The number of parking spaces required by Section 5 of this By-law. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(129) (129) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, any building used for a residential dwelling, day care facility, residential care facility, secondary school or post-secondary school shall be located a minimum of 30 metres from the lot line abutting the CN Rail right-of-way. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(130) (130) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(131) (131) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(132) (132) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(133) (133) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(134) (134) Within the lands zoned EMP-2 and EMP-5 and shown as affected by this provision on Zoning Grid Schedule 230 and 231 of Appendix 'A', retail of motor vehicles and major recreational equipment and automotive detailing and repair operations shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(135) (135) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 262 of Appendix 'A', for the purposes of this provision, commercial school shall be defined as follows: commercial school- 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, and can include a private elementary school but shall not include an adult education school, secondary school or post-secondary school. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(136) (136) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 66 and 92 of Appendix 'A', the following shall apply: a) Loading spaces shall be permitted to locate within 7.5 metres of an abutting residential zone; and, b) No rear yard setback or interior side yard setback shall be required for the existing building. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(137) (137) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 65 of Appendix A, the following shall apply: a) No minimum front yard set back shall be required; b) The total landscaped area on the lot shall be equal to or greater than the landscaped area existing on the date of passage of this By-law; City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(138) (138) Within the lands zoned MIX-2 and shown as affected by this provision on Schedule 122 of Appendix A, the following shall apply only to the existing building(s): a) Required parking spaces may be permitted to locate 0 metres from the Victoria Street North street line and 3 metres from the St. Leger Street street line; b) For the purpose of provisions (c) and (d), the rear lot line shall be defined as the northerly lot line coincident with the rail right-of-way and the front lot line shall be defined as the lot line coincident with the Victoria Street North street line; c) The minimum rear yard setback shall be 0 metres; d) The maximum front yard setback shall be 33.89 metres; and e) The combined total required parking spaces may be provided within any lands affected by this provision on Schedule 122. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(139) (139) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following shall apply: c) There shall be no minimum building height; d) The maximum building height shall be 14 metres; e) The maximum number of storeys shall be 4. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(140) (140) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(141) (141) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(142) (142) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following shall apply: a) A visual barrier between a parking lot and a residential zone will not be required; b) The minimum yard abutting a residential zone shall be 0 metres; c) The minimum rear yard setback shall be 0 metres; and, d) A dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(143) (143) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following shall apply: a) The minimum yard abutting a residential zone shall be 3.5 metres; and b) The minimum rear yard setback shall be 0.0 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(144) (144) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 and 41 of Appendix A, the following shall apply: a) The minimum rear yard setback shall be 0 metres; and, b) A dwelling unit may be located on the ground floor of a mixed use building provided that such dwelling unit is oriented toward the Iron Horse Trail. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(145) (145) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedules 40, 41 and 73 of Appendix A, the Belmont Avenue West street line shall be the front lot line and the minimum rear yard setback shall be 0 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(146) (146) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the minimum yard abutting a residential zone shall be 6.5 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(147) (147) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the minimum yard abutting a residential zone shall be 4 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(148) (148) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following shall apply for any new development: a) The minimum setback from the Glasgow Street street line shall be 4.5 metres; b) There shall be no minimum building height; and c) Parking spaces shall not be located between any street line and a building. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(149) (149) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 40 and 41 of Appendix A, the following shall apply: a) A visual barrier between a parking lot and a residential zone will be required in accordance with Section 4.18 only along the northerly lot line and will not be required where a street is located between the parking lot and the residential zone; b) The Belmont Avenue West street line shall be the front lot line; and c) The maximum building height shall be 24 metres, however, the building height may be increased to a maximum of 45 metres provided that for each additional metre of building height exceeding 24 metres a minimum of 0.33 metres of additional setback be provided from the lot line(s) abutting a residential zone and the rear lot line. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(150) (150) Within the lands zoned MIX-2 and shown as affected by this provision on Schedule 41 of Appendix A, the following shall apply: a) The Belmont Avenue West street line shall be the front lot line; and b) The maximum building height shall be 41 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(151) (151) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 41 of Appendix A, the following shall apply: a) A visual barrier between a parking lot and a residential zone will not be required; b) The Belmont Avenue West street line shall be the front lot line; c) The minimum yard abutting a residential zone shall be 0 metres; and d) The minimum rear yard setback shall be 0 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(152) (152) Within the lands zoned NHC-1 and shown as affected by this provision on Zoning Grid Schedule 153 of Appendix A, the lands zoned NHC-1 shall be permitted to be included in the calculation of floor space ratio for permitted uses located on adjacent lands. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(153) (153) RESERVE City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(154) (154) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 116, 146 and 199 of Appendix 'A', computer, electronic, data processing, or server establishment; office; research and development establishment; and, health clinic shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(155) (155) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 14 and 17 of Appendix 'A', the minimum interior side yard setback abutting a residential zone shall be 1.5 metres. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(156) (156) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 41, 76 and 199 of Appendix 'A', computer, electronic, data processing, or server establishment; office; and, research and development establishment; shall be permitted. City of Kitchener Zoning By-law 2019-01 SECTION 19 Site Specific Provisions(157) (157) Within the lands zoned EMP-1 and shown as affected by this provision on Zoning Grid Schedule 42 of Appendix 'A', a health clinic shall be permitted within the building in accordance with the approved in principle site plan dated August 16, 2018. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions Page 1 Holding Provisions 20.1 HOLDING PROVISIONS No person shall use or permit the land to be used to which the hold applies for the uses specified in the appropriate clause in the holding provision, erect a new building or structure, or expand or replace an existing building or structure until the holding provision is removed in accordance with Section 36 of the Planning Act. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(1H) (1H) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 73, 74, and 84 of Appendix A: a) No residential use shall be permitted until such time as a Record of Site Condition is submitted and acknowledged by the Ministry of the Environment. This Holding Provision shall not be removed until the City of Kitchener is in receipt of a letter from the MOEE advising that a Record of Site Condition has been completed to the satisfaction of the Ministry of the Environment. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(2H) (2H) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid Schedule 84 of Appendix A, the following shall apply: a) The following uses and uses accessory thereto may be permitted in accordance with the regulations of Section 5 (Parking) and Section 6 (UGC Zones) of this By-law until such time as the holding symbol affecting the lands has been removed by By-law: i) Commercial parking facility not requiring building permit(s) ii) Transportation depot not requiring building permit(s); iii) Wayside pit; iv) Construction trailer; and, v) Sales office and/or office of up to 500 square metres of gross floor area on each property (unless located within a building existing on the date of passing of this By- law and in accordance with the regulations of section 6, in which case no maximum gross floor area shall apply). b) The holding symbol shall not be removed until such time as: i) The City and the Region are in receipt of a Record of Site Condition and a letter of acknowledgement from the Ministry of the Environment or its delegate advising that a Record of Site Condition has been completed in accordance with the relevant Ontario legislation; ii) A detailed Servicing Capacity Study for all phases of development has been completed to the satisfaction of the Director of Engineering and Director of Utilities; and iii) The holding provision affecting these lands has been removed by by-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(3H) (3H) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 139 of Appendix A, a day care facility, dwelling unit, and/or place of worship shall not be permitted until such time as: a) The Region is in receipt of a Record of Site Condition prepared in accordance with the Guideline for the Decommissioning and Clean-up of sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for sensitive land uses; and b) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 HoldingProvisions(4H) (4H) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedules 295 and 296 of Appendix A, only agriculture excluding the use or erection of any building shall be permitted until such time as: a) The City is in receipt of a letter from the Region advising of decision on the future need for these lands in relation to road projects identified in the Cambridge Area Transportation Study; and, b) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(5H) (5H) Within the lands zoned COM-4 and shown as affected by this provision on Zoning Grid Schedule 4, 5, 12, and 13 of Appendix A, an outdoor patio associated with a restaurant and at which service is provided shall not be permitted within 500 metres of the limits of the Regional Landfill site located to the west until such time as: a) A Land Use Compatibility Study, including an Odour Impact Study, has been prepared to the satisfaction of the Region, and has been approved by the Region; and, b) The holding provision affecting these lands, or portion thereof, has been removed by By- law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(6H) (6H) Within the lands zoned MIX-2 and shown as affected by this provision on Zoning Grid Schedule 125 and 126 of Appendix A, the following shall apply: a) The following uses shall not be permitted: i) Pet services establishment; ii) Day care facility; iii) Commercial school; iv) Computer, Electronic, Data Processing, or Server Establishment; v) Financial establishment; vi) Health clinic; vii) Light repair operation; viii) Office; ix) Research and Development Establishment; x) Personal services; xi) Place of worship; xii) Restaurant; xiii) Retail; and, xiv) Studio. b) The uses in Subsection a) shall not be permitted until such time as: i) The lands have been consolidated with lands fronting Lancaster Street West and a site plan including site access from Lancaster Street West and appropriate site buffering measures has been approved by the City's Director of Planning, and; ii) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(7H) (7H) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid Schedule 89, 90, 115, and 116 of Appendix A, the following shall apply: a) No residential uses, places of worship, day care facility, adult education school, commercial school, post-secondary school or, secondary school shall be permitted until such time as the City is in receipt of a letter from the Region advising that the requirements have been satisfied with respect to the submission of a detailed stationary and traffic noise assessment, based on the proposed site plan, to address compatibility, and this holding provision has been removed by By-law; and, b) No uses shall be permitted until such time as the City and the Region are in receipt of a Record of Site Condition, prepared in accordance with the Guideline for the Decommissioning and Clean-up of Sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for residential and other sensitive uses, and this holding provision has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(8H) (8H) Within the lands zoned EMP-1 and shown as affected by this provision on Zoning Grid Schedule 123 of Appendix A, a day care facility shall not be permitted until such time as: a) The Region is in receipt of a Record of Site Condition prepared in accordance with the Guideline for the Decommissioning and Clean-up of sites in Ontario and acknowledged by the Ministry of the Environment, confirming that the subject property is suitable for sensitive land uses; and, b) The holding provision affecting these lands has been removed by by-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(9H) (9H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedu residential uses, place of worship or day care facility shall be permitted until such time as the Region and the requirements have been satisfied with respect to the submission of a detailed Noise Study, including mechanisms to implement the study, and this holding provision has been removed by by-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(10H) (10H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, the following shall apply: a) No uses shall be permitted until such time as the City and the Region are in receipt of a Record of Site Condition, prepared in accordance with O. Reg. 153/04, as amended, under the Environmental Protection Act and acknowledged by the Ministry of the Environment and Climate Change, confirming that the subject property is suitable for residential and other sensitive land uses, and this holding provision has been removed by by-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(11H) (11H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, no development on the lands shall occur until such time as the Director of Planning is in receipt of a letter from the Director of Engineering advising that sanitary forcemain upgrades, and any other necessary sanitary infrastructure upgrades, to support the proposed development have been satisfactorily completed, and this holding provision has been removed by by-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(12H) (12H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 265 and 266 of Appendix A and on Figure 1 hereto, no development on the lands above a sanitary sewer flow rate of 14 L/s shall occur until such time as the Director of Engineering is satisfied that the sanitary sewers are adequate to handle additional development and this holding provision has been removed by By-law. Figure 1: Holding Provision (12H) City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(13H) (13H) Within the lands zoned EMP-2 and shown as affected by this provision on Zoning Grid Schedule 217 and 242 of Appendix A, no person shall develop or redevelop lands until such time as: a) A clearance letter is received from the Region advising the City b) A clearance letter is received from the Director of Engineering advising the Director of Planning that adequate City c) The holding provision has been removed by by-law: This holding provision shall apply to all uses except those uses existing on lots existing on October 11, 1994. (1) "Available" means the necessary provision of municipal services and/or roadworks to the level of construction, state of completion, or period of commissioning as the Director of Engineering and/or the Region determines to be appropriate. (2) "Acceptable Arrangements" means that the necessary agreements for the provision of services and/or roadworks have been entered into with the City or Region, as the case may be and registered on title, engineering design has been approved and the necessary and related financial guarantees have been received by the relevant municipality. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(14H) (14H) Within the lands zoned MIX-1 and shown as affected by this provision on Zoning Grid Schedule 40 of Appendix A, the following shall apply: a) The following uses shall not be permitted: i) Pet services establishment; ii) Day care facility; iii) Commercial school; iv) Computer, Electronic, Data Processing, or Server Establishment; v) Financial establishment; vi) Health clinic; vii) Light repair operation; viii) Office; ix) Research and Development Establishment; x) Personal services; xi) Place of worship; xii) Restaurant; xiii) Retail; and, xiv) Studio. b) The uses in Subsection a) shall not be permitted until such time as: i) The lands have been consolidated with lands fronting Belmont Avenue West and a site plan including site access from Belmont Avenue West and appropriate site buffering measures has been approved by the City's Director of Planning, and; ii) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(15H) (15H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 152 of Appendix A, residential uses, place of worship, day care facility, adult education school, commercial school, post-secondary school, or secondary school shall not be permitted until such time as: a) A Land Use Compatibility Study addressing the compatibility with the lands in the vicinity zoned EMP-4, has been prepared to the satisfaction of the Region, and has been approved by the Region; and, b) A Road Traffic Noise Study has been prepared to the satisfaction of the Region, and has been approved by the Region; and, c) The holding provision affecting these lands has been removed by By-law. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(17H) (16H) Within the lands zoned UGC-3 and shown as affected by this provision on Schedule 73 and 74 of Appendix A, no residential use shall be permitted until such time as a Record of Site Condition is submitted and approved to the satisfaction of the Ministry of the Environment, Conservation and Parks (MOECP). This provision shall not be removed until the City is in receipt of a letter from the MOECP advising that a Record of Site Condition has been completed to the satisfaction of the MOECP. City of Kitchener Zoning By-law 2019-01 SECTION 20 Holding Provisions(17H) (17H) Within the lands zoned MIX-3 and shown as affected by this provision on Zoning Grid Schedule 220 and 221 of Appendix A, no residential uses, place of worship, day care facility, hospice, small residential care facility, large residential care facility or adult education school, commercial school, post-secondary school or, secondary school shall be permitted until such time as: a) the City is in receipt of a letter from the Region advising that the requirements have been satisfied with respect to the submission of a detailed noise study, based on a proposed site plan, to assess impact of transportation and stationary noise sources, including both on- and off-site noise sources, on both on- and off-site noise sensitive receptors, and b) this Holding Provision has been removed by By-law. This Holding Provision may be removed from the subject lands incrementally, on a phase-by phase basis, involving the submission of a zoning by-law amendment and reference plan for each phase. City of Kitchener Zoning By-law 2019-01 SECTION 21 Temporary Use Provisions Page 1 Temporary Use Provisions 21.1 TEMPORARY USE PROVISIONS Temporary use provisions modify other provisions of this By-law for specific lots. All other provisions of this By-law shall continue to apply. In the event of a conflict between the temporary use provision and the provisions of the underlying zones, the temporary use provision will supersede only to the extent of the conflict. City of Kitchener Zoning By-law 2019-01 SECTION 21 Temporary Use Provisions(1T) (1T) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid structures without plumbing services, ancillary to the residential care facility shall also be permitted, for a time period of 3 years effective December 12, 2016. City of Kitchener Zoning By-law 2019-01 Appendix A Zoning Grid Schedules Appendix A Zoning Grid Schedules City of Kitchener Zoning By-law 2019-01 Appendix A Zoning Grid Schedules Appendix A available at: Zoning grid schedules 1-150: https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD_PLAN_CROZBY_Final _Appendix-A_1-150.pdf Zoning grid schedules 151-297: https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD_PLAN_CROZBY_Final _Appendix-A_151-297.pdf Or contact the Planning Division at 519-741-2426 for alternative formats City of Kitchener Zoning By-law 2019-01 Appendix B Property Detail Schedules Appendix B Grand River Conservation Authority Regulated Area City of Kitchener Zoning By-law 2019-01 Appendix B Grand River Conservation Authority Regulated Area Appendix B Grand River Conservation Authority Regulated Areaavailable at: https://www.kitchener.ca/en/resourcesGeneral/Documents/DSD_PLAN_CROZBY_Final _Appendix_B.pdf Or contact the Planning Division at 519-741-2426 for alternative formats City of Kitchener Zoning By-law 2019-01