BY-LAW NO NOW THEREFORE Ihe Council of The Corporalion of the Cily of Kingslon hereby ENACTS as

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1 Clause(1),ReportNo.l1, / BY-LAW NO A BY-LAW TO AMEND ZONING BY-LAW NO , "A BY-LAW TO REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF KINGSTON" (Modify Site Specific Zoning - 'C5-7', 2395 to 2437 Princess Street) PASSED: December 20, 2011 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 Cily of Kingslon were amalgamated on January 1, 1998, to lorm The Corporation of the Cily 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 municipalily now forming part of Ihe new City; AND WHEREAS Ihe Council of The Corporalion of Ihe Cily of Kingslon deems il advisable 10 amend By-Law No , as amended, of Ihe former Township of Kingslon; follows: NOW THEREFORE Ihe Council of The Corporalion of the Cily of Kingslon hereby ENACTS as 1. By-Law No of The Corporalion of the Cily of Kingston, enlilled "A By-Law 10 Regulate the Use of Lands and the Characler, Location and Use of Buildings and Struclures in Ihe Township of Kingslon", as amended, is hereby further amended as follows: 1.1. Thai Seclion 22 (3)(g) of Ihe By-Law be replaced in ils enlirely, with Ihe following: "(g) C5-7 (2435 Princess Streel): On the approximalely 5.5 heclare parcel of land localed on the southeasl comer of Princess Sireel and Cenlennial Drive and zoned 'C5-T, Ihe following regulalions shall apply 10 Ihe enlire area zoned 'C5-T: 1. The provisions of Section 22 for Ihe 'C5' Zone shall apply to Ihe 'C5-T Zone except Ihal: (a) (b) (c) ADDITIONAL PERMITTED USE: an apartmenl dwelling house MAXIMUM LOT COVERAGE: 30% MAXIMUM HEIGHT OF BUILDING: (i) 27 melres where the building will nol abul a residential zone (ii) 19 metres along Ihe southem 101 line of the property abutting exiting residential uses (d) MAXIMUM GROSS LEASAB LE FLOOR AREA: (i) relail use: 14,000 square melres (ii) office use: 4,500 square metres (e) (~ (iii) residential use: 39,390 square metres MAXIMUM DWELLING UNITS PERMITTED: 351 PLANTING STRIP ADJOINING RESIDENTIAL ZONE: 3,0 metres

Zoning Amendment - 2395 2437 Princess Street By-Law No.

2 Zoning Amendment Princess Street By-Law No Page2of4 (g) (h) (i) (j) (k) BUILDING SETBACK ABUTTING RESIDENTIAL ZONE: 15 metres Within the 15 metre setback there shall be no parking or provision for motorized vehicular access, with the exception of a permitted encroachment of a maximum of 3 metres for an area to permit vehicular tuming movement in the south west comer of the site. MINIMUM AMENITY AREA: 2.0 square metres per dwelling unit For the purpose of the 'C5-T zone, the following definitions shall apply: "AMENITY AREA" means an area or areas, at or above ground level, intended for recreational purposes which may include landscaped site area, patios, balconies, communal lounges, swimming pools, and similar uses, but is not deemed to include areas occupie.d by service areas, parking and driveways. PRI VACY YARDS: for an apartment dwelling house, a privacy yard, clear and unobslructed by any parking area or any vehicular driveway shall be provided adjoining each habitable roem window of every dwelling unit with a minimum depth measured at right angles from such wall it adjoins in accordance with the following: (i) (ii) (iii) Ground floor habitable room window: 7.6 melres A passenger pick up/drop off area may encroach into the privacy yard within 15 metres of the main entrance to the building. There shall be no vehicle parking permitted within this area. Within the privacy yard, an area unobstructed by a public or joint pedestrian access surface shall be provided extending 3 1/2 metres from any ground floer habitable room window, this dislance being measured radially from any poinl on the window. A window shall be considered to be located on the ground floer if any portion of the glazing is less than 2 1/2 metres above the adjacent exterior ground level. MINIMUM PARKING FOR RESIDENTIAL USE: 1.1 space per unit MINIMUM VERTICAL CLEARANCE AT ACCESSIBLE PARKING SPACES, PASSENGER LOADING lones, AND ALONG ACCESS ROUTES IN UNDERGROUND PARKING STRUCTURE: 2.4 metres 2. This By-Law shall come into force and take effecl on its passing, provided no Nolice 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 Ihe day it was passed. GIVEN ALL HREE READINGS AND PASSED December 20, 2011 ER~ MAYOR

3 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 REGULATE THE USE OF LANDS AND THE CHARACTER, LOCATION AND USE OF BUILDINGS AND STRUCTURES IN THE TOWNSHIP OF KINGSTON" (Modify Site Specific Zoning - 'C5-7', 2395 to 2437 Princess Street),' on the 20 th day of December, 2011, under Seclion 34 of the Planning Act, R.S.O. 1990, as amended. AND TAKE NOTICE Ihat any person or agency may appeal to the Ontario Municipal Board in respect of the By-Law by filing with the Clerk of The Corporalion of the Cily of Kingston not later than the 19'" day of January, 2012, a Notice of Appeal setting oul the objection 10 Ihe By-Law and the reasons in support of the objection. The objection must be accompanied by the fee required by the Onlario 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. Howeve" 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-Law, describing applies, and a Key Map showing the location of the lands 10 which the By- e I nds to which the By-Law wa plies are attached. DATED at the City of Kingston this 30. day of December, 2011 Note: The Last Day For Filing Objections Will Be January 9 The Objection Must Be Received By 4:30 pm at th 216 Ontario Street, by this Date In Order To Be Valid Office of the Clerk, City Hall, 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,

4 EXPLANATORY NOTE CONCERNING BY-LAW NO, AREA AFFECTED: The property affected is located on the southeast comer of Pnncess Street and Centennial Dnve and is municipally known as Pnncess Street. PURPOSE: The purpose of the application is to amend the existing site specific General Shopping Centre Commercial (C5-7) zone in order to permit the expansion of a mixed commercial I residential development. EFFECT: The effect of this By-Law is to increase the maximum gross floor area for residential use, building height and number of residential units and to decrease the child's play area, height of the barrier free parking space in the underground garage and number of required residential parking spaces 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 No, should be consulted at the Municipal Offices during regular business hours.

DETAIL KEY Subject Property 1015 I 2446 - ", 2 3~2392 2376 2437 2435 370 360 940 2431 351 339 77 375 Planning & Development ~ dep"rt,ne n t 0' Sustainability & G"""",, THE CORPORATION OF THE CITY OF

5 DETAIL KEY Subject Property 1015 I ", 2 3~ Planning & Development ~ dep"rt,ne n t 0' Sustainability & G"""",, THE CORPORATION OF THE CITY OF KI NGSTON PLANNING & DEVELOPMENT DEPARTM ENT KEY MAP Applicant: Peter Splinter Family Holdings File Num ber: D Address: 2431, 2435, 24]7 Princess Street Lot/Con: KINGSTON CON 2 PT LOT 12 RP 13R19734 PARTS 1 TO 9 AND PARTS 12 TO 16 ARN: ; Legend c:::j Subject Property n,

6 THE CORPORATION OF THE CITY OF KINGSTON Re: BY-LAW NO A By Law To Amend Zoning By-Law No , MA By-law to Regulate the Use of Lands and the Character, Location and Usa of Buildings and Structures In the Township of Kingston n (Modify Site Specific Zoning - 'C5-7', 2395 to 2437 Princess Street) (map shows Princess St. & Centennial) (See Clause (1), Report No.ii) EFFECTIVE DATE: December DECLARATION I. John Bolognone, hereby cerlify that the notice for BY LAW NO of The Corporation of The Cify of Kingslon. passed by Ihe Council of The Corporation of the City of Kingston on the 20 th day of December 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 c. P.l3. I also certify that the 20 day appeal period expired on the 19 th day of January, 2012 and to this date no notice of appeal setting out an objection e by-law has been filed in the Office of the Clerk. DATED at Kingston. OntariO J 0 ognone, City Clerk This 23,d day of January, 2012 T Corporation of the City of Kingston

SPECIAL SECTIONS 500.

SPECIAL SECTIONS 500. Notwithstanding the "R3" zone designation, the lands delineated on Schedule "B" of this By-law as "R3-500" shall only be used for single-family detached dwellings in cluster development