HomeMy WebLinkAboutDTS-10-138 - Housekeeping Changes to Zoning By-law 85-1 - Section 5.15 - Existing Residential and Downtown Policy
REPORT
REPORT TO:
Development & Technical Services Committee
DATE OF MEETING:
August 23, 2010
SUBMITTED BY:
Alain Pinard, Interim Director of Planning
PREPARED BY:
Heather Holbrook, Planner (Urban Design) (519-741-2324)
WARD(S) INVOLVED:
All
DATE OF REPORT: July 29, 2010
REPORT NO.: DTS-10-138
SUBJECT:
CITY-INITIATED HOUSEKEEPING ZONE CHANGE TO
SECTION 5.15 OF THE ZONING BY-LAW- ZC10/05/COK/HH
RECOMMENDATION:
That City-initiated Zone Change ZC 10/05/COK/HH, being an amendment to Section 5.15
of By-Law Number 85-1 for the purpose of deeming non-residential uses for existing
, in the form shown in the
buildings to comply in certain circumstances, be approved
attached “Proposed By-Law” dated July 29, 2010 attached as Appendix A to Report DTS-
10-138.
BACKGROUND:
Section 5.15 of the Zoning By-law legalizes residential uses in existing buildings built before October
1994 (“grandfathering” or “vacuum” clause). Since that time staff has identified additional
improvements to Section 5.15 that could help both staff and customers with the daily use and
implementation of the Zoning By-law. It is proposed that the scope of Section 5.15 be expanded to
non-residential uses.
REPORT:
Currently, the scope of Section 5.15 is limited to residential buildings or building(s) accessory thereto
existing on or before October 11, 1994. Section 5.15 deems these existing buildings to comply to a
number of specified regulations and permits conversion of such buildings to other permitted
residential uses (eg: single detached may be converted to a duplex) provided that there is no new
construction, that all other regulations not covered by Section 5.15 of the By-law are satisfied (eg:
sufficient parking can be provided) and that the regulations for the new use are no more stringent
than the previously legal use. This section applies only to existing and permitted uses within
Residential or Commercial-Residential Zones.
Additional changes to Section 5.15 are now being considered as a result of continual customer
inquiries, occupancy permit and zoning compliance requests along with minor variance applications
and the consideration of Mixed Use Corridor zoning.
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The proposed revisions would clarify that the establishment of a new permitted use in a non-
residential building that existed on or before October 11, 1994 would comply with a range of yard
setback and other regulations and this would apply to most Zones. This would assist with the
establishment of new permitted uses within existing buildings, for example in a C-6 Zone a building
previously used as a retail business (legal non-conforming) could be converted to a hair salon
(permitted personal service use). This is desirable, particularly in transitional areas of the city, as the
existing building stock can be recycled to suit changing demands. More flexible building conversion
regulations, as proposed, can assist in achieving land use objectives for mixed use intensification of
the built up area by more easily permitting adaptive reuse of existing buildings as an interim use to
full redevelopment of the site. This amended regulation would affect lands in most zones.
The proposed amendments to the general regulations, Section 5.15, would not only improve
implementation of the By-law but would also provide a practical approach to allowing new uses to
more efficiently reuse existing buildings without the need for additional approvals that recognize
these non-complying features. The changes further improve customer service by simplifying
occupancy permit and zoning compliance applications for building conversions along with reducing
the need for procedural minor variance applications. By eliminating the need for a minor variance
applications for many building conversion proposals, business and property owners would benefit
from a more straightforward and expedient process. The changes would also reduce the number of
special regulation provisions that may otherwise be required in the pending King Street East Mixed
Use Corridor Zone Change.
Preliminary Circulation
Any comments received from the circulation of this zone change have been considered in the
formulation of the proposed Zoning By-law and are attached as Appendix “C”.
FINANCIAL IMPLICATIONS:
There are no new or additional capital budget requests as part of this report.
COMMUNICATIONS:
Circulation of the Zone Change was sent on July 6, 2010 to all departments and prescribed
agencies. Notice of the August 23, 2010 public meeting of the Development and Technical
Services Committee was advertised in The Record on July 16, 2010.
CONCLUSION:
The proposed changes to the existing building clause within the general regulations section of
the Zoning By-law will improve the efficient use of the By-law and as such Zone Change
Application ZC10/05/COK/HH is recommended to be approved.
REVIEWED BY:
Brandon Sloan, Interim Manager of Long Range and Policy Planning
Della Ross, Manager of Development Review
Juliane von Westerholt, Senior Planner
ACKNOWLEDGED BY:
Jeff Willmer, Interim General Manager
Development and Technical Services Department
Attachments:
Appendix “A” – Proposed By-Law dated July 29, 2010
Appendix “B” – July 16, 2010 Newspaper Advertisement
Appendix “C” – Comments Received
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APPENDIX A
PROPOSED BY-LAW
P R O P O S E D B Y – L A W
July 29, 2010
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as
the Zoning By-law for the City of Kitchener – City of Kitchener)
WHEREAS it is deemed expedient to amend By-law 85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Section 5.15 of By-law Number 85-1 is hereby amended by deleting from the heading
the words ”Lot Policy” and replacing with the word “Development”.
2. Section 5.15.1 of By-law Number 85-1 is hereby amended by deleting from the heading
the words “Residential Uses” and replacing with the words ”Commercial, Industrial,
Residential, Institutional, Commercial-Residential and Mixed Use Zones”
3. Section 5.15.1 of By-law Number 85-1 is hereby amended by replacing the existing text
with the following text:
“.1 a) Notwithstanding sections 5.23, 5.24, 7 to 13, 19 to 26, 31 to 33, 35 to 47
and 53 to 55 of this by-law, the location of any building that was constructed on
or before October 11, 1994 and the lot upon which the building was constructed,
shall be deemed to comply with the following current regulations for the use
existing on or before October 11, 1994 provided that the use is permitted by this
by-law and there have been no changes to the total building floor area:
front yard;
side yard;
side yard abutting a street;
rear yard;
yard abutting a residentially zoned property;
lot coverage;
building height;
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floor space ratio;
lot width;
lot area, provided that the lot area is no less than 75 percent of that
otherwise required by this By-law;
setback from an arterial road; and
setback from a railway.
b) Subclause a) shall also apply to any satellite dish, air conditioning unit, heat
pump unit, swimming pool, patio or deck existing on or before October 11, 1994
except where located within a corner visibility triangle as per Section 5.3 of this
by-law or driveway visibility triangle as per Section 842.1.3 of Chapter 842 of the
City of Kitchener Municipal Code.
c) Subclause a) above shall also apply to any currently permitted use that did not
exist on October 11, 1994, except where the regulations for the use are more
stringent than the use that existed on October 11, 1994 and/or changes to the
total building floor area are proposed. Setbacks from arterial roads and railways
shall not be deemed to comply for any residential dwelling unit, lodging house,
residential care facility or hospital that did not exist on October 11, 1994.
Introduction of any of the above uses shall be subject to the regulations
contained in Section 5.23 and 5.24 of the By-law, respectively. ”
PASSED at the Council Chambers in the City of Kitchener this
day of A.D., 2010.
_____________________________
Mayor
_____________________________
Clerk
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APPENDIX B
JULY 16, 2010 NEWSPAPER ADVERTISEMENT
All Wards
ZC10/05/COK/HH
City-Initiated
Advertised in The Record – July 16, 2010
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING
TO DISCUSS PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER APPLICABLE SECTION 34 OF THE PLANNING ACT
Housekeeping Amendment
The City is proposing a “housekeeping” amendment, or minor revision, to the general regulations
Section 5.15 of Zoning By-law 85-1. The revision represents improvements to the By-law which will
assist in the implementation of zoning as it relates to existing buildings and uses and the conversion
of existing buildings for other permitted uses. The proposed Zoning By-law Amendment would have
the effect of deeming existing buildings and permitted uses to comply with specified regulations of
the By-law and simplifying the requirements for converting existing buildings to other permitted uses
where there are no changes to the exterior building dimensions. The intent of the Zone Change is to
facilitate adaptive reuse of existing buildings within the built-up area. The amendment will apply to
lands city-wide.
The public meeting will be held by the Development and Technical Services Committee, a
Committee of Council which deals with planning matters on:
MONDAY, AUGUST 23, 2010 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the Public Meeting and make written and/or verbal representation either in
support of, or in opposition to, the Zoning By-law Amendment. If a person or public body that
files a notice of appeal of a decision, does not make oral submissions at this public meeting
or make a written submission prior to approval/refusal of this proposal, the Ontario Municipal
Board may dismiss all or part of a subsequent appeal.
ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below,
viewing the report contained in the meeting agenda (available on the Friday afternoon prior to the
meeting, in the calendar section of the website http://www.kitchener.ca/calendar/calendarEvent.aspx),
th
Floor,
or in person at the Development and Technical Services Department - Planning Division, 6
City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday)
Heather Holbrook, MCIP, RPP
Planner (Urban Design)
Phone No. 519-741-2324 (TTY: 1-866-969-9994)
heather.holbrook@kitchener.ca
Juliane von Westerholt, MCIP, RPP
Senior Planner
Phone No. 519-741-2776 (TTY: 1-866-969-9994)
juliane.vonwesterholt@kitchener.ca
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