Page 1 of 12 Clause (1) to Report By-Law Number

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1 Page 1 of 12 Clause (1) to Report D By-Law Number A By-Law to Amend By-Law Number 8499, "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston" and By-Law Number , "Downtown and Harbour Zoning By-Law for The Corporation of The City of Kingston" to remove lands from Zoning By-Law Number 8499 and rezone them to the "C1-32", "C1-33" and "C1-34" Zone of Zoning By-Law and to change the symbol on lands from "C1-1" to "C1-31"; lands known as 221 Qlleen Street, 151, 153 and 157 Clergy Street, Col borne Street Passed: July 16, 2014 Whereas by Order of the Minister of Municipal Affairs and Housing, The Corporation of the Township of Kingston, The Corporation of the Township of Pittsburgh and The Corporation of the City of Kingston were amalgamated on January 1, 1998 to form The Corporation of the City of Kingston as the successor municipal Corporation and pursuant to the Minister's Order, any by-laws of the former municipality passed under the Planning Act continue as the by-laws covering the area of the former municipality now forming part of the new City; AND WHEREAS the Council of The Corporation of the City of Kingston deems it advisable to amend By-Law Numbers 8499 and , as amended of the former City of Kingston; Therefore be it resolved that the Council of the Corporation of the City of Kingston hereby enacts as follows: 1. That the City of Kingston By-Law Number 8499 of the Corporation of the City of Kingston, entitled "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston" as amended, and City of Kingston By-Law Number of the Corporation of the City of Kingston, entitled "Downtown and Harbour Zoning By-Law for The Corporation of the City of Kingston", as amended, be further amended as follows: 1.1 On the lands known municipally as Colborne Street, 151 Clergy Street, 153 Clergy Street and 157 Clergy Street Zoning By-Law Number 8499 is hereby repealed and deleted from Map That Zone Map Number 1 of Zoning By-Law Number , as amended, is hereby further amended by changing the zone symbol of the lands shown as:

2 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Colborne Street Page 2 of 12 "Rezoned from C1-1 (ZBL ) to C1-31 (ZBL )" on Schedule "A" "Rezoned from A (ZBL 8499) to C1-32 (ZBL )" on Schedule "A" "Rezoned from A (ZBL 8499) to C1-33 (ZBL )" on Schedule "A" "Rezoned from A (ZBL 8499) to C1-34 (ZBL )" on Schedule "A" attached hereto and forming part of amending By-Law Number By Adding new subsections , , and thereto as follows: " Northeast Corner of Clergy Street and Queen Street (C1-31) Notwithstanding the provisions of this By-Law to the contrary, the following regulations shall apply to the C1-31 Zone: Permitted Commercial Uses The only permitted commercial uses shall be the following: Auditorium or Public Hall Art Gallery Bakery ' Bake Shop Bank or Financial Establishment Bed or Breakfast Establishment Church or Religious Institution Commercial Entertainment Establishment Commercial Establishment Commercial Recreational Facility Commercial School Computer Programming Establishment Community or Recreation Centre Convenience Store Data Processing Establishment Day Care Centre Drugstore/Pharmacy

3 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 3 of 12 Dry Cleaning Outlet Florist Food Store Funeral Home Government Office Hardware Store Home Improvement Centre Hotel Laundry; Coin Operated Liquor or Beer Store Medical Clinic Medical Office Mixed Commercial/Residential Development, with residential uses permitted on the ground floor Motel Nursing Home Office Office Supply and Equipment Sales, Rental and Service Parking Lot Parking Structure Personal Service Establishment Pet-Grooming Establishment Photo or Artist Studio Photocopying or Blueprinting Shop Photofinishing Establishment Postal or Courier Service Private Social and Cultural Facility Public Use Radio or Television Studio Rental Outlet

4 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Colborne Street Page 4 of 12 Repair Service Restaurant Restaurant, Outdoor Patio Restaurant, Take-Out Service Establishment Specialty Retail Store Telecommunications Services Video Rental Permitted Non-Commercial Uses The only permitted non-commercial uses shall be the following: Apartment Dwelling Home Occupation Community Home Community Support House Crisis Care Shelter Recovery Home Residential Care Facility (a) Regulations Off Street Parking The calculation and provision of minimum parking, amenity space and minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C 1-31, C 1-32, C 1-33 and C 1-34 zones (b) Amenity Space The calculation and provision of amenity requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones

5 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 5 of 12 (c) Minimum Lot Coverage The calculation and provision of minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (d) Equipped Children's Play Area Notwithstanding Section of this By-Law, no Children's Play area shall be required. (e) Density The maximum number of residential dwelling units shall be 16 (f) Minimum Front Yard 0 metres (e) Loading Notwithstanding the provisions of Section of this By-Law to the contrary, the number of loading spaces required in support of "Other Commercial" uses, provided in the amount of 0-550m 2 shall be zero (0) (f) Setback for Commercial Uses Notwithstanding the provisions of Section 7.1 of this By Law to the contrary, non-residential uses shall not be permitted within 30 metres of Colborne Street Clergy Street (C1-32) Notwithstanding any provisions of this By-Law to the contrary, the following regulations shall apply to the C Zone:

6 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 6 of Permitted Commercial Uses The only permitted commercial uses shall be the following: Art Gallery Bakery Bake Shop Bank or Financial Establishment Bed or Breakfast Establishment Church or Religious Institution Commercial Entertainment Establishment Commercial Establishment Commercial Recreational Facility Commercial School Computer Programming Establishment Community or Recreation Centre Convenience Store Data Processing Establishment Day Care Centre Drugstore/Pharmacy Florist Food Store Government Office Laundry, Coin Operated Medical Clinic Medical Office Mixed Commercial/Residential Development, with residential uses permitted on the ground floor Office Office Supply and Equipment Sales, Rental and Service

7 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 7 of 12 Parking Structure Personal Service Establishment Pet-Grooming Establishment Photo or Artist Studio Photocopying or Blueprinting Shop Photofinishing Establishment Postal or Courier Service Private Social and Cultural Facility Public Use Radio or Television Studio Rental Outlet Repair Service Restaurant Restaurant, Outdoor Patio Restaurant, Take-Out Service Establishment Specialty Retail Store Telecommunications Services Video Rental Permitted Non-Commercial Uses The only permitted non-commercial uses shall be the following: Single-Detached Dwelling A building with a maximum of 3 units; the units may be any combination of residential or other permitted uses. Home Occupation Community Home Community Support House

8 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Colborne Street Page 8 of 12 Crisis Care Shelter Recovery Home Residential Care Facility Regulations (a) Off Street Parking The calculation and provision of minimum parking, amenity space and minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (b) Amenity Space The calculation and provision of amenity requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (c) Minimum Lot Coverage The calculation and provision of minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (d) Equipped Children's Play Area Notwithstanding Section of this By-Law, no Children's Play area shall be required. (e) Yard Setbacks Minimum Front Yard Minimum Building Height 0 metres 6.7 metres

9 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 9 of 12 (f) Loading Notwithstanding the provisions of Section of this By-Law to the contrary, the number of loading spaces required in support of "Other Commercial" uses, provided in the amount of 0-550m 2 shall be zero (0) Southeast Corner of Clergy Street and Colborne Street (C1-33) Notwithstanding any provisions of this By-Law to the contrary, the following regulations shall apply to the C1-33 Zone: Permitted Uses The only permitted uses shall be the following: Apartment Dwelling Single-Detached Dwelling Regulations (a) Off Street Parking The calculation and provision of minimum parking, amenity space and minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (b) Amenity Space The calculation and provision of amenity requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (c) Minimum Lot Coverage The calculation and provision of minimum lot coverage requirements shall be based on the overall 0.24 ha area

10 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 10 of 12 of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (d) Equipped Children's Play Area Notwithstanding Section of this By-Law, no Children's Play area shall be required. (e) Density Maximum Number of Residential Dwelling Units 15 (f) (g) Yard Setbacks Minimum Front Yard (Colborne Street) Minimum Front Yard (m) (Clergy Street) Height Minimum Building Height (m) 0 metres 0 metres 6 metres Colborne Street (C1-34) Notwithstanding any provisions of this By-Law to the contrary, the following regulations shall apply to the C1-34 Zone: Permitted Uses The only permitted uses shall be the following: Single-Detached Dwelling A building with a maximum of 3 units; the units may be any combination of residential or other permitted uses. Home Occupation Community Home Community Support House Crisis Care Shelter Recovery Home Residential Care Facility

11 Zoning Amendment 221 Queen Street, 151,153, and 157 Clergy Street, Col borne Street Page 11 of Regulations Notwithstanding the provisions of this By-Law to the contrary, the following provisions shall apply: (a) Off Street Parking The calculation and provision of minimum parking, amenity space and minimum lot coverage.requirements shall be based on the overall 0.24 ha area of land comprising the C 1-31, C 1-32, C 1-33 and C 1-34 zones (b) Amenity Space The calculation and provision of amenity requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones (c) (d) Minimum Lot Coverage The calculation and provision of minimum lot coverage requirements shall be based on the overall 0.24 ha area of land comprising the C1-31, C1-32, C1-33 and C1-34 zones Equipped Children's Play Area Notwithstanding Section of this By-Law, no Children's Play area shall be required. (e) Yard Setbacks Minimum Front Yard Minimum Side Yard (East) Minimum Side Yard (West) Minimum Rear Yard 1.8 metres 3.2 metres 1.2 metres 2.5 metres

12 City of Kingston By-Law Number Zoning Amendment: 221 Queen Street, 151, 153 and 157 Clergy Street, Colborne Street Page 12 of This By-Law shall come into force and take effect on its passing, provided no Notice of Appeal is filed to this By-Law, all in accordance with the provisions of Section 34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13; and where one or more appeals have been filed within the time period specified, at the conclusion of which, the provisions of Section 34, Subsections 19 and 30 of the Planning Act, R.S.O. 1990, c. P. 13 apply and the By-Law shall be deemed to have come into force and take effect on the day it was passed. G' en all Three Readings and Passed: July 16, 2014 Mayor

13 l ii tfl!fftt lillll ~N ~ Planning &,1)~~\(~1~2!!~-~1.~~ a department of Community THE CORPORATION OF THE CITY OF KINGSTON SCHEDULE 'A' TO BY-LAW NUMBER Applicant: BPE Development File Number: D Address: 221 Queen Street/. 151, 153 & 157 Clergy Street! 30 & 34 Colborne Street Legal Description: Various ARN: Various Reference By-Law 8499 Map 18 Reference By-Law Map 1 Legend: IZ:J Rezoned from C1-1 (ZBL ) to C1-31 (ZBL ) Rezoned from A (ZBL 8499) to C1-32 (ZBL ) ~ Rezoned from A (ZBL 8499) to C1-33 (ZBL ) - Rezoned from A (ZBL 8499) 1-34 (ZBL ) PREPARED BY: J. Partridge DATE: 7/15/ Meters 20

14 Planning & i:)~y~i_()p~il~~~f1_t. a department or Community PREPARED BY: J. Partridge DATE: 0'1/ll/2013 THE CORPORATION OF THE CITY OF KINGSTON KEY MAP Applicant: BPE Development File Number: D Address: 221 Queen Street/ 151, 153 & 157 Clergy Street/30 & 34 Col borne Street Legal Description: Various ARN: Various Legend - Subject Lands SCALE Meters 1:1,500 Disclaimer: This dxument Is subject to copyright and may onty be used for your personal, non -commercial use pro;ided you keep Intact the copyrightnoti.ce. The City d Kll'lgston assumes no responslbllltyforanyerrors,andlsnotfiableforanydamaqesofanyklr~dresuftirj9fromtheuse d, or reliance on, the lnformatioo conta1ned In thls document. The City cl Kingston does not make anyrepresentationct"warranty,expresso!'implied,concernjngtheaccuracy,quahy,orrellability dtheuseofthelnformatlonconta:nedlnthlsdo:ument.2013thecorporationcltheotyofkingston.

15 NOTICE OF PASSING OF A ZONING BY-LAW BY THE CORPORATION OF THE CITY OF KINGSTON The Council of The Corporation of the City of Kingston passed By-Law No , "A By-Law to Amend By-Law Number 8499, "Restricted Area (Zoning) By-Law of the Corporation of the City of Kingston" and By-Law Number , "Downtown and Harbour Zoning By-Law for The Corporation of The City of Kingston" to remove lands from Zoning By-Law Number 8499 and rezone them to the "C1-32", "C1-33" and "C1-34" Zone of Zoning By-Law and to change the symbol on lands from "C1-1" to "C1-31"; lands known as 221 Queen Street, 151, 153 and 157 Clergy Street, Colborne Street)'' on the 16th day of July, 2014, under Section 34 of the Planning Act, R.S.O. 1990, as amended. AND TAKE NOTICE that any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law by filing with the Clerk of The Corporation of the City of Kingston not later than the 7th day of August, 2014, a Notice of Appeal setting out the objection to the By-Law and the reasons in support of the objection. The objection must be accompanied by the fee required by the Ontario Municipal Board. Only individuals, corporations and public bodies may appeal a Zoning By-Law to the Ontario Municipal Board. A notice of appeal may not be filed by an unincorporated association or group. However, a notice of appeal may be filed in the name of an individual who is a member of the association or group on its behalf. No person or public body shall be added as a party to the hearing of the appeal unless, before the by-law was passed, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Municipal Board, there are reasonable grounds to add the person or public body as a party. AN EXPLANATION of the purpose and effect of the By-La, describing the lands to which the By-Law applies, and a Key Map showing the locatio f the lands to which the By-Law applies are attached. DATED at the City of Kingston this 18th day of July, 2014 Note: The Last Day For Filing Objections Will Be Au ust 7th, The Objection Must Be Received By 4:30 pm t th' Office of the Clerk, City Hall, 216 Ontario Street, by this Date In Ord o Be Valid. Any appeal submitted to the City of Kingston for referral to the Ontario Municipal Board must include the following: 1. the objection to the By-Law and the reasons in support of the objection; 2. the name and address of the appellant; and, 3. the fee required by the Ontario Municipal Board in the amount of $ payable to the Minister of Finance, Province of Ontario.

16 EXPLANATORY NOTE CONCERNING BY-LAW NUMBER AREA AFFECTED: The properties affected are bounded by Queen Street, Clergy Street and Colborne Street and are known municipally as 221 Queen Street, 151 Clergy Street, 153 Clergy Street, 157 Clergy Street and Colborne Street. PURPOSE: The purpose of the application is to permit the development of thirty-seven residential units with commercial floor area and below grade parking. EFFECT: The effect is to permit the development of thirty-seven residential units with commercial floor area and below grade parking by amending the permitted uses, reducing requirements with respect to amenity space, yard setbacks, minimum lot coverage and loading, eliminating children's play space requirement, and providing relief with respect to angular plane provisions. KEY MAP: See attached. The above is an explanation of the provisions of the amendment to the Zoning By-Law. For accurate reference, this amendment and the original By-Law Number should be consulted at the Municipal Offices during regular business hours.

17 THE CORPORATION OF THE CITY OF KINGSTON Re: BY-LAW NUMBER A By-Law To Amend By-Law Number 8499, "Restricted Area (Zoning) By-Law Of The Corporation Of The City Of Kingston" And By-Law Number , "Downtown And Harbour Zoning By-Law For The Corporation Of The City Of Kingston" To Remove Lands From Zoning By-Law Number 8499 And Rezone Them To The "C1-32", "C1-33" And "C1-34" Zone Of Zoning By-Law And To Change The Symbol On Lands From "C1-1" To "C1-31"; Lands Known As 221 Queen Street, 151, 153 And 157 Clergy Street, Col borne Street (See Clause (1 ), Report Number 79) EFFECTIVE DATE: July 16, 2014 DECLARATION I, John Bolognone, hereby certify that the notice for BY-LAW NUMBER of The Corporation of The City of Kingston, passed by the Council of The Corporation of the City of Kingston on the 16th day of July, 2014 was given in the manner and form and to the persons prescribed by Ontario Regulation 199/96, made by the Lieutenant Governorin-Council under subsections 17 and 34 of the Planning Act, R.S.O. 1990, c. P.13. I also certify that the 20 day appeal period expired on the 7th day of August, 2014 and to this date no notice of appeal setting out an objection to the by-law has been filed in the Office of the Clerk. DATED at Kingston, Ontario This 14th day of August, 2014 ) ) ) orporation of the City of Kingston