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HomeMy WebLinkAboutDSD-19-130 - New Zoning By-law (Stage 1) - Deferred ItemsREPORT TO:Council DATE OF MEETING:May 27, 2019 SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY:Sarah Coutu, Planner (Policy) 519-741-2200 ext. 7069 WARD(S) INVOLVED:Wards3, 4, 5, 6, 8, 9 & 10 DATE OF REPORT:May 22, 2019 REPORT NO.:DSD-19-130 SUBJECT:New Zoning By-law (Stage 1)-Deferred Items RECOMMENDATION: A.That staff be directed to prepareAmendment No. 1 to By-law 2019-051to includethe deferredportions of the new Zoning By-law(Stage 1) and associated mapping attached as Appendix B to report DSD-19-130to By-law No. 2019-051;and, B.That pursuant to Section 34 of the Planning Act, R.S.O. 1990, c. P. 3, as amended, staff be directed to provide notice of a statutory public meeting for Amendment No. 1 to By-law 2019-051to be held on June 24, 2019; and further, C.That consideration of the zoning of the following properties be referred to a future stage of the Zoning By-law or Neighbourhood Planning Review, whichever is appropriate: 2-22 Duke Street East; 49 Queen Street North; 84 Frederick Street; 628 New Dundee Road (PLAN 58M528 BLK 111). BACKGROUND: On April 29, 2019, Council approved the majority of Stage 1 ofthe city's new zoning by-law(By-law No. 2019-051)for Kitchener. Council deferred consideration of portions of Stage 1 of the Zoning By-law in response to delegations made at the April 15, 2019 Planning and Strategic Committee meeting and the April 29, 2019Council meeting. Consideration of the Bonusing provisions, the Urban Growth Centre (UGC)Zones and the properties to which the UGC zones apply weredeferred to May 13, 2019 Planning and Strategic Committee meeting. Consideration of the application of zoning on 27 properties weredeferred to May27, 2019 Council meeting. REPORT: As a result of Council deferring portions of Stage 1 of the Zoning By-law, aZoning By-law Amendment is required to add theseportionsto By-law No. 2019-051.The Planning Act requires that a statutory public meeting be held for consideration of aZoning By-law Amendment and that notice of the statutory public meeting be given. Accordingly, Council cannot proceed with approving the zoning of the deferred portions until these process requirements have been complied with. Staff is recommending that they be directed to prepare Amendment No. 1 to By-law 2019-051,that the statutory public meeting to consider AmendmentNo.1be held on June 24, 2019, and, that notice ofthe statutory public meeting be given. 8.a - 1 In advance of preparing Amendment No. 1,staff has reviewed the zoningthat was recommendedfor the27propertiesthat weredeferred, considered the written and oral submissionsreceived from delegations,and had further conversations and correspondence with each of the delegations.It is noted that many of the submissions received from delegations the day of, or within days of the new zoning by-lawidentified issues not previously raised,or contained new information not previously provided to staff in the 4+ years consultation process. attached to this report as Appendix A. Staff has also prepared potential wording for alternate options in case Council considersmodifying Staff is recommending thatAmendment No. 1 include the contents attached to this report as Appendix B. Accordingly, staff is recommending that zoning be applied to 17 propertiesandthat the zoning of 4 properties be referredto a future stage of the Zoning By-law or Neighbourhood Planning Review, whichever is appropriate.The zoning of 6 other properties will be reviewed in the future with all the Rosenberg Secondary Plan lands. Further, staff is recommending that Amendment No. 1 also include the UGC Zones, the properties to which the UGC zones apply and the Bonusing provisionsthat were deferred,with minor updates. These were the topic of Report DSD-19-106 and discussed and recommended for approval at the May 13, 2019 Planning and Strategic Initiatives Committee Meeting. 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 more mixed-use development, ensuring new development is integrated with the diversity and character of the surrounding community. 2019 Business Plan NB11 Comprehensive Zoning By-law Review FINANCIAL IMPLICATIONS: The CRoZBy project is currently within its allocated budget. COMMUNITY ENGAGEMENT: See previous reports and description in the report above. PREVIOUS CONSIDERATION OF THIS MATTER: 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-17-024-CRoZBy Component D First Draft (Commercial and Agriculture Zones) Report CSD-18-002-CRoZBy Final Draft and Companion Official Plan Amendment Report DSD 19-049New Zoning By-law (CRoZBy) Stage 1 Non-Residential Zones ReportDSD 19-106New Zoning By-law (CRoZBy) Stage 1 Deferred Items: Urban Growth Centre Bonusing/Zoning 8.a - 2 CONCLUSION: Staff recommends that the zoning for the deferred portions of the new Zoning By-law (Stage 1) proceed as outlined in this report. REVIEWEDBY: Brandon Sloan -Manager, Long Range & Policy Planning ACKNOWLEDGED BY: Justin Readman -General Manager, Development Services APPENDICES: Appendix ASummary of Staff Recommendation and Alternate Options for Council Consideration Appendix BDeferred Portions of the New Zoning By-Law (Stage 1) and Associated Mapping- Contents for ZoningBy-law Amendment No.1 8.a - 3 4 : - rals .Zoning lands from ZoningZoning Refer 8.a to 1 and shown as - Site Specific Refer be expanded to a ReferRefer remove to to C to New holding to New Site Specific add to Include law Amendmentlaw Amendment -- Not Include . to Recommendation A to Include in existing driveways;existing structures;existing residential dwellings and existing accessory buildings may Site Specific Provision (159) from Section 19 Wording to Proceed with Option Within the lands zoned NHC . law Amendment as Proposed in Appendix B law Amendment as Proposed in Appendix Blaw Amendment as Proposed in Appendix B recommendation - a)b)c) -- in Zoning Byin Zoning By 22 Duke Street East; 49 Queen Street North; 84 : - Report Recommendation CAppendix BReport Recommendation CAppendix B to the 7H holding provision applied to 83 Elmsdale DriveDelete and from applying to 32 Duke Street East2Frederick StreetAdd Site Specific Provision (XX) to Section 19: Site Specific Provisions to read as follows:(XX) affected by this provision on Zoning Grid Schedule 30 of Appendix 'A', the following shall be permitted: rals Approve Report Zoning By Amend Amend the Approve Report Recommendation A to Include in Zoning By(Apply site specific provision)Amend ProvisionApprove Report Recommendation AmendAmend the recommendationReferApprove Report Recommendation A to Include in Zoning ByAmendProvision ) future efer r to law - expansions site specific change or Proposed zoning Proposed Zoning law Amendment. - Zoning permit max FSR of 16 Proposed Holding Proposed Zoning Include law max FSR of 8 with rovision - holding provision P onsistent with existing Include Include 4 zoning until apply new zoning - - Include IncludeDo Not Include --- minor update, recommended April 15, 2019 pecific S for Zoning By Options for Council Consideration Update Max FSR of 3, max FSR of 8 with ite staff Holding ProvisionZoning Max FSR of 3, 7H holding c Site Specific Provision 1, consideration of - 1 and new (159) to 1, 1 (74) legalizes existing structures, 1 with new site specific provision to legalize Preservation/Enhancement Plan has been ---- new new S OptionsNo Change ReferMinor No Change ReferNo Change No Change Minor Update (no change, zoning UGCbonusing NHCdriveways and buildings.Conforms to ROP and OPNHCexisting structures, driveways and residential buildings and allow building footprintup to 25% and max of 3 storeys/11 m where a Tree preparedConforms to ROP and OP Includeholding Refer Stage of the Zoning ByUGCUGCbonusingRetain existing Dthrough future Stage of the Zoning By Alternate A:A:A:A: B:B: B:B: -------- 1Provision12with2provision 3344with - law - x support to of 15.12 . stationary FSR . , does not align Opportunity exists Region to existing buildings . with to law amendment, iew - law amendment. Site - conducting noise study onstrated will not have a . .. . in current zoning .. . y regarding which Class by land owner Considerations 1 zoning has max FSR of 3, ma1 zoning has max FSR of 3, max .. -- Summary of Staff Recommendation and clarit to use when . Woodlands A undergoing peer rev 4 zoning has no max. FSR4 zoning has no max. FSR, does not align -- Official Plan is 1 zoning aligns with Urban Growth Centre land 1 zoning aligns with Urban Growth Centre land 1 zoning without any site specific provisions to -- - provision on propertyThrough new zoning/zoning byopportunity exists to revise holding provision provide morenoise criteria Revision to holding provision cannot be done without authorization from RegionReport submitted revision to revise holding provision contained in the zoning bylaw amendment prior to Council approval. Construction of 39 storey buildingapproved under current zoning is underwayCurrent Dwith new Official PlanProposed UGCFSR of 8 with bonusingUGCuse designationTransition provisions/UGC zoning allow and legalize buildings under constructionCurrent Dwith new Proposed UGCFSR of 8 with bonusingUGCuse designationCity and Regional staff conducted a site visit April 30, 2019 to reconfirm that the entire of the properties satisfy the criteria to be classified as Regionally Significant No changes to the environmental related designations in the Regional Official Plan (ROP) or Official Plan (OP) to residential designations/zoning would be supportableOP allows for minor expansions of and structures where demnegative impact on the natural heritage features or ecological functionsAbility to apply site specific provision in zoning bythat allows minor expansions. Future expansions would not require zoning byspecific provision need to stipulate criteria to satisfy.NHC Appendix on 1 - holding 1 zoning - flexibility to NHC allow classification due (no max. FSR)limits ability for conducting noise study /Future Stage/Future Stage Request revision to provision to use either Class 1 or Class 4 stationary noise criteria when to consider sensitive land uses Request site specific provision to retainpermissions of current zoningRequest deferral to Fall 2019Request site specific provision to retain FSR permissions of current zoningRequest deferral to Fall 2019Dispute significant woodlands to their assessment of conditions of trees on propertiesConcerned that zoning changes/building expansionsWould accept NHCon rear of properties that do not contain buildings, request residential zoningfront of properties that contain existing buildings Issue/Request of Delegation Revise holding provision Apply Site Specific Provision ORDefer ZoningApply Site Specific Provision ORDefer ZoningSite Specific Provision/Zoning to allow changes to property North; 84 Deferred Property/Item 22 Duke Street - 83 Elmsdale Drive, 7H holding provision only32 Duke Street East2East; 49 Queen Street Frederick Street1893 Ottawa Street South and 1901 Ottawa Street South 1234 - 5 - : 8.a 1 (74) to NHC - . lands to Referrals C to Refer Zoning from NHC add 1893 Ottawa Street South and to of oning Fischer Hallman Road the z maximum of 25% of the existing ground floor building floor area to a maximum building height of 3 storeys and 11 metres where a Tree Preservation/Enhancement Plan has been prepared to the satisfaction of the City. Wording to Proceed with Option law Amendment as Proposed in Appendix Blaw Amendment as Proposed in Appendix B -- Report Recommendation Appendix B to Not Apply New Site Specific Revise 1901 Ottawa Street South 1 (XX)Delete Site Specific Provision (160) from Section 19 and from applying to 1111 Westmount Road East, 1187, 1188 Approve Report Recommendation A to Include in Zoning ByAmend Amend the recommendation525 and 563 Highland Road West Approve Report Recommendation A to Include in Zoning By(apply site specific provision)AmendProvision ) and efer r OP ) law . - 160 to comply with parking would allow . change or max new ( future phases OP designation Proposed Zoning law Amendment(160) - . No new parking could Proposed ZoningProposed Zoning Include - comply with IncludeInclude would be required Commercial 2 zoning until apply new zoning -- - minor update, recommended April 15, 2019 OP designation consistent with amended for Zoning By , staff Zoning ite specific provision 2(54)2 (38) (136) (137) consistent with 2 (38) (136) (137) and -- - parking requirements OptionsNo Change ReferMinor Update No Change ntire property (no change, zoning : COMdesignationCOMCommercial Emax be added as any additional parking would exceed max parking requirements for entire property. COMconsistent with New snew parking to be added for would require torequirements A: A: BB: ---- 55Retain existing Cthrough future Stage of the Zoning By6with new Site Specific Provision6without new Site Specific Provision as OP not located on n effect I . OPercial land use ost appropriate for protecting does not permit dwelling units to . efficient built form. 2) - Considerations that electric vehicle parking 5.8.f). zoning is to provide for range of retail law must conform to - ation/ lopment. allow expansions is mand conserving the natural heritage features and their ecological functionsZoning ByPolicy 15.D.5.17b) include dwelling units, where appropriate, provided that they are located in the same building as compatible commercial uses and are the ground floorThe primary intent of the Commdesignand service commercial uses.Current zoning (Clocate on ground floor.No development application/proposal has been submitted re: mixed use development or residential deveA development application can be submitted at time intend to redevelop and would be considered on its merits. CRoZBy not meant to replace private development applications.Intent of max. parking requirements is to encourage a modal shift to other forms of transportation and to encourage a more Property owner intends to add additional buildings and associated parking through future phases to the existing developments.Staff confirmsrequirements only apply to new parking spacesper Provision max. to locate on the impact of Requested the deferral to allow them additional time for property owners to evaluatezoning.Expressed concern with Provision 9.2(3) which does not permit dwelling units(and uses that are accessory to, and exclusively devoted to, the dwelling units)ground floor Concerned with parking requirement and electric vehicle parking requirements as they relate to future phases of existing developments. with a residential zone. Issue/Request of Delegation Defer Zoning/Amend ZoningDefer Zoning/Amend Zoning 325 Max - 1178, 1187, Deferred - Property/Item 525 and 563 Highland Road West11701188, 1191 Fischer Hallman Road, 1111 Westmount Road East, 315Becker Drive 56 if : 6 051, - 3 to - - 4 and - : lands within Appendix B law 2019 8.a - to make direct 3, EMP 3 and shown as - and shall have a - Council decision tted to occupy up to lands from Referral including Drive corner lands to Referral of 0.5. d opportunity adremove as Proposed in Appendix B to to gross floor area shall be permi recommend il in advance of office floor space ratio Within the lands zoned EMP 2 and shown as affected by this provision on Wording to Proceed with Option ed by this provision on Zoning Grid Schedule - law Amendment As Proposed In Appendix B Within the lands zoned EMP law Amendment law Amendment as Proposed in law Amendment as Proposed in Appendix Blaw Amendment as Proposed in Appendix B - Report Recommendation A to Include in ---- Report Recommendation C to Refer ZoningReport Recommendation C to Refer ZoningAppendix B to Apply Site Specific Provisions 236 Gehl Place, Robert FerrieRP 58R17216 PTS 2 AND 3628 New Dundee Road (PLAN 58M528 BLK 111)Apply Site Specific Provision (29) to 41 Ardelt Place. Revise to read as follows:(29)COMZoning Grid Schedule 139, 145, 146 and 178 of Appendix A, 100 percent of the maximum Add Site Specific Provision (XX) to Section 19: Site Specific Provisions to read as follows:(XX) affect145 and 146 of Appendix A, conference, convention and exhibition facility shall be permitted.Revise the zoning of 41 Ardelt Place from EMP Zoning)Zoning) a new resolution that states: ReferRefer Approve Report Recommendation A to Include in Zoning By Approve Report Recommendation A to Include in Zoning By(AddThat when Planning Staff the Rosenberg Secondary Plan in Zoning Bylands owners be provided the submissions to Councdissatisfied with the staff recommendation.Approve Report Recommendation A to Include in Zoning ByAmendAmend the recommendationApprove Report Recommendation A to Include in Zoning By(Amend Amend the recommendationApprove Zoning ByAmend ) efer through through r s conforming lawlaw - change or -- Proposed Zoning law Amendment - Proposed Zoning Proposed Zoning Zoning Council in advance of Zoning Include - consideration of new zoning to Include Include ReferInclude - n the future with all the - -- minor update, recommended April 15, 2019 confirm opportunity will be provided Refer for Zoning By zoning until apply new zoning Zoning 2 zoning until apply new zoning 1 staff Zoning, Additional Council direction Zoning - - A 1, consistent with OP designation - 1 (56) - No Change Minor Update Refer No Change OptionsNo Change ReferReferNo Change (no change, zoning A: B: A: B: Review zoning iRosenberg Secondary Plan landsContinue to future stageResolution to to make submissions to decisionAGRRetain future Stage of the Zoning ByRetain Cfuture Stage of the Zoning ByMIXExisting uses will be legal nonExisting uses will be conforming -- A:--A: B:B: ---- 88 77included in resolution991010with new site specific provision imits and . may , geographical . ts office to occupy fficial Plan The zoning will be designation Considerations 1 zoning aligns with Official Plan - 1 zoning aligns with Official Plan - zoning has been proposed on the n the future with all the Rosenberg r heavy industrial employment uses owners may make submissions to Council surrounding area one of few areas within city / 3 zoning aligns with Official Plan Heavy trial Employment land use designation. L - cisions when applying new zoning to properties - No CRoZBysubject properties to date. reviewed iSecondary Plan landsStaff give consideration to Ocontext, existing zoning and recent approvals and deand consider applying site specific provisions that provide for deviations from the base zonesStaff provide opportunities for consult on the draft zoning prior to recommending for Council approval. Propertyfor their consideration prior to decision.Proposed AGRPrime Agriculture land use designation Proposed MIXMixed Use land use EMPInduspermitted uses to industrial employment usesappropriate accessory and ancillary usesPropertythat provide for, or have the potential to continue to provide foOP Policy 17.E.21.3 stipulates that City recognize existing uses by means of site specific zoning.Awould be the use most comparable in the new zoning byuse was established.Office use also exists on property. Current site specific regulation 333R permi100% of building GFA to max FSR of 0.5. s and law - to ) zoning 2) zoning - 1 existing use - conforming - hibition facility; office, Concerned that MIX zoning is too prescriptive Concerns with maximum parking requirements and minimum electric vehicle parking requirementsSurmise that MIX zoning will be applied in a future phase of the new zoning byDesire to retain existing agriculture (ADesire to retain existing commercial (C Concern with becoming legal nonRequest site specific provision to permit conference, convention or exaccessory commercial entertainment uses recognize the of the property Issue/Request of Delegation Defer ZoningDefer ZoningDefer ZoningApply Site Specific Provision - 1205, 1255 Deferred - Property/Item 1384 and 1415 Huron Road; 1193, 12011291, 1940 Fischer Hallman Road236 Gehl Place, Robert Ferrie Drive corner KITCHENER SURVEY PT LOT 1 RP 58R17216 PTS 2 AND 3628 New Dundee Road (PLAN 58M528 BLK 111)41 Ardelt Place 789 10 ) 7 3 and - - : 2, EMP 8.a - and 231 of Appendix lands to Referrals PSIC Recommendation add 2.5 FSR to to automotive detailing and repair Affordable, special needs, assisted, or and shall be permitted. May 13, 2019 Recommendation C to Refer Zoning Within the lands zoned EMP Wording to Proceed with Option3 (29) (XX).5 and shown as affected by this provision on -- 151 Ontario Street North/21 Weber Street West law Amendment as Proposed in Appendix Blaw Amendment as Proposed in Appendix Blaw Amendment as Proposed in Appendix B - --- retail of motor vehicles and major recreational Report Recommendation A to Include in Appendix B to Apply Site Specific ProvisionReport Appendix B to Revise Section 4.3 Bonusing EMPApply Site Specific Provision (134) to 353 Manitou Drive. Revise to read as follows:(134) EMPZoning Grid Schedule 200, 230A, equipmentoperations 149of the dwelling units Consistent with Approve Report Recommendation A to Include in Zoning ByAmendApprove Report Recommendation A to Include in Zoning ByAmend Amend the recommendationApprove Zoning By(Amend ) efer through r further , Affordable, conforming -law change or - for Proposed Zoning Section 4.3 as Section 4.3, as law Amendment - Proposed ZoningProposed Zoning IncludeInclude Include awarded -- - IncludeInclude -- minor update, recommended April 15, 2019 for Zoning By zoning until apply new zoning Zoning 4 staff - uses will be legal non D 1(1) - Refer No Change Minor Update No Change Minor Update Minor update 50% - Options (no change, zoning A: B: A:B: A: B: ExistingExisting uses will be conformingUGCAward FSR of 2.5 rather than 2.0 provision of for 25 ----Retain future Stage of the Zoning By-- 1111with new site specific provision121213recommended for approval by PSIC13recommended for approval by PSICmodify bonus value to imits and may 1. - law allow 50% be - - law 85 - . additional time requested gested that the bonus value Considerations provided the surrounding area one of few areas within city / 3 zoning aligns with Official Plan Heavy - eferral has hat provide for, or have the potential to continue to EMPIndustrial Employment land use designation. Lpermitted uses to industrial employment usesappropriate accessory and ancillary usesPropertytprovide for heavy industrial employment usesOP Policy 17.E.21.3 stipulates that the City recognize existing uses by means of site specific zoning.Transition provisions in new zoning bydevelopment applications in process to receive approvals in compliance with ByDsubmit complete applicationCouncilor Chapman sugincreased to FSR of 2.5 rather than 2.0 retail of to existing uses 049 with minor - 19 - 106. - conforming -he property 09 - Concern with becoming legal nonRequest site specific provision to permit motor vehicles and major recreational equipment and automotive detailing and repair operationsrecognize the on t Section 4.3 and Section 6 Issue/Request of Delegation Apply Site Specific Provision Defer Zoning until after submission of complete applicationOn May 13, 2019 Planning and Strategic Initiatives Committee (PSIC) recommended approval of and associated mapping attached as Appendix D to report DSDupdates provided in report DSD Deferred 151 Ontario - Property/Item 353 Manitou Drive149Street North/21 Weber Street West4.3 Bonusing and Section (UGC Zoning) 111213 4.3Bonusing a)The maximum floor space ratioof a lotmay 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 valuemust be over and above the minimum or standard requirements for the development. d)No lotshall be eligible for a bonus valuewhere said lotdoes not have sufficient infrastructure. e)No bonus valueshall 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 lotupon 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 lotto which it applies. h)More than one community benefit identified in Subsection i) may be usedand, where applicable, more than one additional bonus valuewithin a community benefit may be used. i)Bonus valuesare identified in Table 4-1 and may be further described in a Bonusing Implementation Guide. For the purposes of Table 4- 2 construed to mean floor space ratio metres of building floor area. Table 4-1: Bonus Values in Exchange for Facilities, Services, or Matters Community BenefitFacility, Service, or MatterBonus Value Energy, water and Greater than 50% of total roof coverage 2 items: 0.5 FSR waste management/ is eco/green roof conservation, including or Minimum of 1 entire exterior wall stormwater 3 items: 1.0 FSR (except openings) is a green wall 8.a - 8 Community BenefitFacility, Service, or MatterBonus Value managementEnergy conservation glazing of all exterior facing glass is at least 50% or over and above the minimum Ontario Building Code requirement3 items that includes the stormwater management Building utilizes an energy or heat benefit: reuse/conservation system 1.5 FSR Building utilizes an exfiltration system Building utilizes a grey water system or Stormwateris managed on-site at least 50% over and above the minimum Greater than 3 items: 1.5 requirements or target (using methods FSR such as rain water harvesting, bioswale, porous/permeable paving) Transportation Demand Provision of a number ofbicycle At least 4 items: 1.0 FSR Managementparking stalls at least 50% over and or above the minimum required with at least 75% of those additional stalls At least 8 items: 1.5 FSR being Class A 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 vehiclecar-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 8.a - 9 Community BenefitFacility, Service, or MatterBonus Value Land for public useDedication of land to a public authority At least 50% over and or utility agency beyond the minimum above the minimum requirements (such as trails,requirement: 0.5 FSR stormwatermanagement facility,road or widening,utility corridor) At least 100% over and above the minimum requirements: 1.0 FSR 22 Non-profit arts, cultural, Gratuitously dedicated facility or space For every 250 m: 2,000m 2 community or on the ground flooror accessible to a maximum of 8,000 m institutional usesecond storeyfor a non-profit organization related to arts, culture, creative industries, community, or institutional uses Parkland and/or Provision of additional publicly owned At least 25% over and improvement to parksparkland or additional cash-in-lieu above the minimum contribution towards land or park requirement: 1.0 FSR facilities or At least 50% over and above the minimum requirement: 2.0 FSR Protection, Planting of additional native vegetation Provide on-site vegetation conservation, or enhancing the urban forestthat is at least 25% over restoration, or and above the minimum enhancement of natural required : 0.25 FSR heritage 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 forest area (ERA) projector restoration of an ERA of: For every $75,000: 1,000 2 mto a maximum total of 2 8,000 m 8.a - 10 Community BenefitFacility, Service, or MatterBonus Value Public parkingSecured, accessible public parking For every 25 parking 2 operated by/with the City in a structure spaces: 2,000 mto a 2 not visible from a street, either in an maximum total of 6,000 m underground or other internal shared arrangement Public transit Provision of infrastructure, facilities, or Contribution for off-site infrastructureservices for public transitworks over and above minimum requirements of: For every $75,000: 1,000 2 mto a maximum total of 2 8,000 m Renewable or Incorporates renewable energy sources Generates renewable alternative energy (such as solar, wind, geothermal, or energy sources equivalent systemsother) into the development and/or is to: part of a District Energy System At least 50% of the energy: 1.0 FSR or operating energy source: 2.0 FSR Is part of a District Energy System: 0.75 FSR Conservation and Heritage conservation on a lotthat is Entire building: 2.0 FSR maintenance of cultural designated under the Ontario Heritage 1 heritage resources(1)Act and for which a heritage easement or covenant is registered on title (1) A bonus value obtained on a lot lotswithin a zonewhich permits bonusing in accordance with Section 4.3. Where density is transferred, a bonus transfer agreement shall be executed with the City. 8.a - 11 Community BenefitFacility, Service, or MatterBonus Value Equivalent to LEED Buildingswill be equivalent to a LEED Equivalent to LEED Gold or standards or equivalent or other similar rating system level by a above (or comparable): 1.0 rating systemcertified professionalFSR Net Zero Energy: 1.25 FSR Net Zero Carbon: 1.5 FSR Net Positive Energy or Carbon: 1.75 FSR Affordable, special Provision of dwelling unitsthat meet 10 to 25 percent of the needs, assisted, or the definition of affordable, special dwelling units: 1.0 FSR subsidized housingneeds, assisted, or subsidized; or funds 25 to 50 percent of the towards Cityor Regionaffordable dwelling units: 2.0 FSR housing programs Greater than 50% of the dwelling units: 1.5 FSR Contribution of funds towards Cityor Region affordable housing programs: For every $75,000: 1,000 2 mto a maximum total of 2 6,000 m 22 Amenity area Provision of privately-owned indoor or For every 50 m: 2,000m outdoor amenity area (over and 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 ArtProvision of one or more pieces of Cost of the provision of one public artor more pieces of public art: For every $75,000: 1,000 2 mto a maximum total of 2 8,000 m 8.a - 12 Community BenefitFacility, Service, or MatterBonus Value Residential dwelling Inclusion of dwelling unitswithin a 25 to 100 dwelling units: 2 unitsmixed use building or provision of a 4,000 m range of dwelling unit sizes or Greater than 100 dwelling 2 units: 6,000 m 25 or greater dwelling units comprised of at least 15% two-bedroom dwelling units, 10% three-bedroom dwelling unitsand above, and a maximum of 50% bachelor dwelling units: 2 4,000 m 2 Streetscape elementsProvision of enhanced streetscape For every $75,000: 1,000m elements such as street tree planting, to a maximum total of 8,000 2 planting bed infrastructure, enhanced m paving, etc. Bury underground hydro infrastructureFor each public street frontage: 0.5 FSR Design excellenceDesign of the premisesis over and Exceeds the requirements above all of the minimum urban design of the urban design standards and is an exemplary guidelines: 1.0 FSR example of architecture Uses a national or international design competition: 0.5 FSR Food storeProvision of a food storeon the ground Food storebetween 2,000 22 floorof a multi-unit buildingor mixed mand 4,500 m: 1.0 FSR use building 22 Business incubator / Dedicated space with limited For every 250 m: 2,000 m 2 accelerator spaceencumbrances on the ground floor, or to a maximum of 8,000 m accessible second storeyfor an organization related to providing a hub for health, technology, environmental, social, or other like uses as business incubator / accelerator office or maker space 8.a - 13 SECTION 6 -Urban Growth Centre (UGC) Zones The Urban Growth Centre zones apply to lands designated City Centre District, Civic downtown 6.1APPLICABLE ZONES UGC-1: City Centre District the purpose of this zoneis to be a significant location for pedestrian-oriented retail, commercial, and entertainment uses. This zonealso provides for residential usesin multiple dwellings and mixed use buildings, along with large-scale officeand institutional uses. UGC-2: Civic District the purpose of this zoneis to accommodate cultural, entertainment, and officeusesin a civic setting. This zonealso provides for residential usesin multiple dwellings andmixed use buildings, institutional uses, and complementary commercial uses. UGC-3: Innovation District the primary purpose of this zoneis to accommodate high- tech, research, and health science-related uses, along with post-secondary and other institutional uses. This zonealsoprovides for supporting commercial usesand residential usesin multiple dwellings andmixed use buildings. UGC-4: Market District the purpose of this zone is to accommodate a range of usesin a distinctive, market-like setting. 6.2PERMITTED USES No personshall, within anyUGC zone,useor permit the useof any lot, or erect, alter, or useany buildingorstructurefor any purpose other than those permitted useswithin Table 6-1 below. Table 6-1: Permitted Uses within the Urban Growth Centre Zones UseUGC-1UGC-2UGC-3UGC-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 8.a - 14 UseUGC-1UGC-2UGC-3UGC-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) SecondarySchool Social Service Establishment Veterinary Services Additional Regulations for Permitted UsesTable 6-1 (1)Shall be located within a multi-unit buildingor a mixed use buildingcontaining at least one permitted uselisted in Table 6-1 not subject to this regulation. (2)For any lot or buildingwith 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 streetbetween two public streets. A block may be 8.a - 15 bisected by a laneor walkway. This regulation does not apply to uses within existing buildings orlots. (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 existingbuilding. (6)Dwelling units shall not be permitted on the ground floorof a buildingfronting King Street East/West, except for access. (7)For a lot with frontage on King Street, the ground floor of a buildingabutting King Streetshall have one or more permitted usesother than office that abuts the entire King Street façade, exceptfor access. (8)Shall be located within a multi-unit buildingor a mixed use building. Afree-standing retail outletshall only be located within an existingbuilding.Retailuses shall be permitted to a maximum gross floor areaof 42,000 square metres. 6.3REGULATIONS The regulations for lotsin anUGC zoneare set out in Table 6-2 below. Table 6-2: Regulations for Urban Growth Centre Zones RegulationUGC-1(1)UGC-2(1)UGC-3(1)UGC-4(1) Minimum lot width(2)15 m Minimum front yard setbackand minimum exterior side yard (3)3 m(3)(4)(3) setback Maximum front yard setbackand maximumexterior side yard 2 m (3)4 m (2)(3)2 m (3) setback Minimum interior side yard 2 m (5)2 m2 m (5)2 m (5) setback Minimum rear yard setback4.5 m4.5 m Minimum yard setbackabutting 2 m2 m alane(6) Minimum floor space ratio111 Maximum floor space ratio3333 Maximum floor space ratiousing bonus values in accordance with 868(7) Section 4.3 (Bonusing) Minimum number of storeys for a 2storeys2storeys2storeys2storeys low-rise building 8.a - 16 RegulationUGC-1(1)UGC-2(1)UGC-3(1)UGC-4(1) Minimum number of storeysin the base of amid-rise buildingor3storeys3storeys3storeys3storeys tall building Maximum number of storeys in the base of a mid-rise buildingor5storeys5storeys6storeys5storeys tall building Minimum street line stepbackfor mid-rise buildingsandtall 3 m3 m3 m3 m buildings Minimum stepback for mid-rise buildingsandtall buildings 3 m3 m3 m3 m where the baseabuts a low-rise residential zone Minimum ground floor street line façadewidth as a percent of the 90%70%90% width of the street line (8) Minimum percent street line 65% (10)65%65% (10)65% (10) façadeopenings(9) Additional Regulations for Zone Regulations Table 6-2 (1)The regulations within Table 6-2 shall not apply to existing buildingsor structures. (2)Despite Section 4.7 of this By-law, a lotmay 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 floorabutting King Street, except for recessed entrances, shall be located in accordance with the following: Distance from the King Street street line: Zone MinimumMaximum UGC-10 m2 m UGC-30 m4 m UGC-40 m2 m (4)The entire façadeof 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 setbackfor a lotwith frontage on King Street, Queen Street, Ontario Street, or Charles Street, shall be 0 metres. 8.a - 17 (6)Shall not apply to portions of buildingsthat are greater than 6 metres above grade. (7)Lotszoned 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. (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 openingsand between King Street exterior walls and street line façade openings shall be 4 metres. 6.4Outdoor Storage No outdoor storageshall be permitted. This shall not however prevent the display of goods or materials for retailpurposes. 6.5Location of Parking Spaces and Loading Spaces 8.a - 18 New parking spacesand/or loading spacesshall not locate in a front yard or exterior side yard. Section 19 Site Specific Provisions (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 heightshall be 12 storeys; and, b)The maximum floor space ratio using bonus value(s)in accordance with Section 4.3 (Bonusing) shall be 6. (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 ratiousing bonus value(s)in accordance with Section 4.3 (Bonusing) shall be 6. (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 ratioshall be 1; and, b)The maximum building heightshall be 9 metres. (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 existingbuildingsexceeding 6 storeys, the maximum building height shall be the existing building height. (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 heightshall be 9 metres within 25 metres of Market Lane. (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. (7) Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 120 of Appendix A, the maximumfloor space ratio maximum floor space ratio (Bonusing) and the UGC-1 maximum floor space ratio using bonus values. (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 heightshall be 14 metres within 30 metres of the Joseph Street street line. (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: 8.a - 19 a)The maximum floor space ratioshall be 4.6. The maximum floor space ratio may exceed 4.6in accordance with Section 4.3 (Bonusing) and the UGC-1 maximum floor space ratiousing bonus values; and, b)The minimum yard setbackabutting a Lane shall be 0 metres. (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 ratioshall be 5; b)Despite a), an additional floor space ratioof 3.2 for a total maximum floor space ratioof 8.2 is permitted through bonusing and aSection 37 Agreement that is registered on title against the subject lands; c)The minimum front yard setbackshall be 0 metres and the storeys above the basefacing Victoria Street shall have a 4.3 metre stepback; d)The minimum rear yard setbackshall be 0 metres; e)The minimum side yard setbackwhere the building abuts 11 and 13 Arthur Place shall be 3 metres (excluding the colonnade). The minimum stepback where the baseabuts 11 Arthur Place shall be 4.6 metres (excluding architectural features); f)The minimum side yard setbackwhere the building abuts 92 and 94 Victoria Street South shall be 0 metres (excluding the colonnade). The minimum stepback where the baseabuts 92 and 94 Victoria Street South shall be 6 metres (excluding architectural features); g)The maximum baseheight 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 heightshall 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 openingsincluding commercial display windows, building entrances, or other such public areas; j)The maximum gross leasable commercial space for retailshall be 1,000 square metres, and no single retail outlet shall exceed 500 square metres; k)The minimum setbackto a balcony from the front lot lineshall be 2.5 metres; l)Architectural features (including a colonnade), shall be permitted in any required yardprovided the minimum setbackto the feature from a lot lineis 0.5 metres; m)The minimum setbackto an arterial road shall be 0 metres following the taking of any necessary road widenings; and, 8.a - 20 n)All parking on the site shall be contained within a parking structure. (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 ratioshall 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 ratiousing bonus values. (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 ratiousing bonus values. (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 ratioshall 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 ratiousing 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 retailshall be 1,000 square metres; c)Non-residential usesshall be located only on the ground floor; d)Not less than 50 percent of the area of each ground floor façadeaddressing King Street West and Victoria Street South shall be devoted to façade openings. e)There shall be no minimum yard setbackrequirements for the base, including balconies and patio uses accessoryto a restaurant; f)The minimum stepbacksfor any portion of the building above the baseshall 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 basefaçadeheight shall be 12 metres; h)The maximum basefaçadeheight shall be 22.5 metres; i)The maximum building heightfor any portion of the buildingabove the baseshall be 70 metres provided that the other provisions of this site specific provisionare satisfied; and, j)All provided off-street parking shall be located within a parking structure. 8.a - 21 (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 ratioshall 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 ratiousing bonus values; b)The maximum gross floor areafor retailshall be 10,000 square metres; c)The maximum gross floor areafor an individual, single retailuse establishment 1,000 square metres; d)Retailshall be located in the first 2 storeysof a building; e)The minimum setbackfrom 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 baseheight shall be 21.5 metres; h)The maximum buildingheight 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 buildingconstructed after the date of passing of this By-law, not less than 50 percent of the area of any ground floor façadeaddressing 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 schooland day care facilitiesmay 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 buildingor part thereof used for a residential dwelling, adult education school, commercial school,post-secondary school,secondary schooland/or day care facilityshall be located 30 metres from the lot line abutting the CN Rail right-of- way. Buildingsor partsthereof used for the above notedusesmay be permitted where a 30 metre setback from the lot lineabutting the CN Rail right-of-way can be provided. (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: 8.a - 22 a)The bonus value(s) Dwelling Units exceed the bonus valueidentified 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. (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 ratioshall be 1; b)The maximum floor space ratioshall be 3; c)Despite Subsection b), an additional floor space ratioof 3 shall be provided in exchange for community benefits secured through a Section 37 Agreement for a total maximum floor space ratioof 6; d)The maximum building heightshall be 30.5 metres; e)No part of a buildingsetbackless than 1 metre from King Street shall exceed 27 metres in height. For any portion of a buildingexceeding 27 metres in height within 1 metre of King Street, a minimum 5 metre stepbackis required; f)Architectural featuressuch as a cantilevered overhead canopy may extend into the front yardto 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 spacesout of the total number of parking spaces provided shall be electrical vehicle parking spaces; i)A minimum of 41 class A bicycle parking stallsand 28 class B bicycle parking stallsshall be required; j)A minimum of 2 showers located each within 8 square metres of shower and change facilitiesshall be required; and, k)A minimum of 1 motor vehicle ride-share space shall be required. (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 dwellingand day care facilityshall 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, 8.a - 23 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. Anybuildingor part thereof used for a multiple dwellingand/or day care facilityshall be located 30 metres from the lot lineabutting the CN Rail right-of-way. Buildingsor parts thereof used for the above noted uses may be permitted where a 30 metre setbackfrom the lot lineabutting the CN Rail right-of-way can be provided. Under certain circumstances, the setbackdistance may be measured as a combination of horizontal and vertical distances, as long as the horizontal and vertical value add up to therecommended setback. (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 heightshall be 12 metres within 20 metres of a residential zone; and, b)Patios, decks and outdoor recreation areas associated with a restaurantshall 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 buildingand a residential zone. (54) Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 43 of Appendix A, the existingdrive-through facility shall be permitted. (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 spacesshall be permitted to locate within 7.5 metres of an abutting residential zone; and, b)No rear yard setbackor interior side yard setbackshall be requiredfor the existing building. (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 backshall be required; and, b)The total landscaped areaon the lotshall be equal to or greater than the landscaped area existing on the date of passage of this By-law. (159)-Within the lands zoned UGC-1 and shown as affected by this provision on Zoning Grid Schedule 121 of Appendix A, the maximum floor space ratio shall be 16. (160) -Within the lands zoned COM-2 and shown as affected by this provision on Zoning Grid Schedule 66, 65, 92 and 93 of Appendix A, the following shall apply: 8.a - 24 a)the maximum number ofparking spacespermitted through Table 5-3 shall be permittedforbuildingsor portions ofbuildingsthat were notexistingon the effective date of the By-law; and, b) parking spacesprovided forbuildingsor portions ofbuildingsthat were notexistingon the effective date of the By-law shall be consideredexistingparking spacesfor the purposes of 5.6 b). Section 20 Holding Provisions (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 useshall 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. (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 Cityand the Regionare 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; 8.a - 25 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. (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 schoolor, secondary schoolshall be permitted until such time as the Cityis in receipt of a letter from the Regionadvising that the requirements have been satisfied with respect to the submission of a detailed stationary and trafficnoise assessment, based on the proposed site plan, to address compatibility, and this holding provision has been removed by By-law; and, b)No usesshall be permitted until such time as the Cityand 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 16H) Within the lands zoned UGC-3 and shown as affected by this provision on Schedule 73 and 74 of Appendix A, no residential useshall be permitted until such time asa 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 Cityis in receipt of a letter from the MOECP advising that a Recordof Site Condition has been completed to the satisfaction of the MOECP. Section 21Temporary UseProvisions (1T) Within the lands zoned UGC-3 and shown as affected by this provision on Zoning Grid structureswithout plumbing services, ancillary to the residential care facilityshall also be permitted, for a time period of 3 years effective December 12, 2016. 8.a - 26 Schedule84 48 ELUDEHCS 47 ELU DEHCS Schedule74 8.a - 27 T S E G E L L O C W T S R E B E W T S O O L R E T A W Schedule84 48 ELU DEHCS 47 ELU DEHCS Schedule74 8.a - 28 Schedule121Schedule120 Schedule84Schedule85 T S L E K U A G E V A D N O M H C I R 8.a - 29 Schedule121Schedule120 Schedule84Schedule85 T S L E K U A G 8.a - 30 L P N O T L I W N T S N E E U Q Schedule121Schedule120 Schedule84Schedule85 T S G N U O Y T S L E K U A G E V A D N O M H C I R 8.a - 31 E T S R E T S A C N A L 8.a - 32 8.a - 33 Schedule30 8.a - 34 8.a - 35 R D K O O R B N I R E E D R T N U O M T S E W Schedule92Schedule93 Schedule66Schedule65 8.a - 36 Schedule71 Schedule43 8.a - 37 SCHEDULE 95SCHEDULE 96 SCHEDULE 97 T S R E SCHEDULE 63SCHEDULE 62 SCHEDULE 61 L T I S 36 ELUSCHEDULE 62 DEHCS SCHEDULE 61 15 ELUSCHEDULE 52 SCHEDULE 53 DEHCS 8.a - 38 SCHEDULE 161SCHEDULE 160SCHEDULE 159 SCHEDULE 156SCHEDULE 157SCHEDULE 158 SCHEDULE 156SCHEDULE 157SCHEDULE 158 SCHEDULE 106SCHEDULE 105SCHEDULE 104 8.a - 39 Schedule145Schedule146 Schedule117Schedule116 8.a - 40