HomeMy WebLinkAboutCSD-13-067 - Zoning By-law 85-1 - Update & Work Program
REPORT TO:
Planning and Strategic Initiatives Committee
DATE OF MEETING:
June 17, 2013
SUBMITTED BY:
Alain Pinard, Director of Planning
PREPARED BY:
Garett Stevenson, Senior Planner(519-741-2200 x7070)
WARD(S) INVOLVED:
All
DATE OF REPORT:
June 5,2013
REPORT NO.:
CSD-13-067
SUBJECT:
CITY OF KITCHENER ZONING BY-LAW 85-1
UPDATE &WORK PROGRAM
RECOMMENTATION:
For Information
BACKGROUND:
One of the divisional projects identified in the Corporate Business Plan for 2013-2016 is the review of the
-law. This report outlines upcoming changes expected this year to the By-law and
introduces the process for completing a comprehensive review. A comprehensive update to the Zoning
By-law is necessary to implement the pending adoption and approval of the new Official Plan (see Report
CSD 13-043).
REPORT:
Context
The City of Kitchener Zoning By-law 85-1 (ZBL) was approved on February 11, 1985 and has since
been modified in large parts through City-initiated amendments, housekeeping updates, and individual
zone change applications. Legislated changes and required updates have been made to the By-law
through these amendments.
(OP) was tabled at the May 27, 2013 Planning and
Strategic Initiatives Committee meeting for additional public review and is moving forward towards
completion.The ZBL is used to implement and regulate the policy direction from the OP. There is some
benefit to having a framework for the ZBL changes underway to coincide with the completion of the OP.
Process
While a comprehensive review to the ZBL will follow the approval of the new OP, there are some key
issues that should be addressed in the interim. Planning staff will be undertaking a three-phase process
to update the ZBL.
Phase 1: Annual Housekeeping Amendment
Annually there is a minor ZBL amendment thataddressestechnical adjustments.These proposed
changes are within the policy regime of the current OP and are typically wording changes and
clarifications. update is tentatively scheduled for Council consideration in the fall of2013.
Phase 2: Interim Update to the Zoning By-law (and current Official Plan)
Secondly, Planning staff will be bringing forward separate changes to the ZBL that are more
This update will address recent legislative changes or
provide clarification and changes to specific regulations in order to address current issues. These
changes can either be completed under the current policy framework or with aspecific amendment to
the current OP (such as refining regulations .There are several regulations
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and definitions that will be amended as part of this phase to ensure that terminology is consistent
across the Ontario Building Code and theOP and ZBL, such as
Floor Space Ratio, Building
, and This will provide greater clarity on how to consistently compute
Floor Area, AtticBuilding Height.
andapply specific calculations in the ZBL.
Phase 3: Comprehensive Update to the Zoning By-law
Lastly, the ZBL will undergo a comprehensive review and update to implement new OP policies.The
City is required by legislation to update the ZBL once the new OP is approved and in place. Although
our current ZBL has many strengths and does not have to be fully rewritten, some mapping revisions,
new or revised sections and updated regulations will be required. The comprehensive update will be
led by the Planning Division and will require input from other City divisions and some external
agencies. This multi-year project will involve extensive stakeholder and community engagement
through different forms of consultation. Planning staff will prepare a report at the onset of this Phase
3project tooutline the major milestones, process and timing for the comprehensive review.
Figure 1: Summary of Next Steps for Zoning By-law Update
Phase 1
Housekeeping
Minor, technical changes to the By-law
No changes to the Official Plan are required
Amendment
Fall 2013
Phase 2
Specific updates to existing regulations in the By-law
Implementation of new regulations in the By-law
Interim Update
May require an amendment to the current Official Plan
Fall 2013
Phase 3
Comprehensive
Major update to the Zoning By-law to implement the
new Official Plan
Update
Approval of the new Official Plan is required
2014-2016
Information Background Papers
In order to begin the process of considering more substantial changes to our ZBL, Planning staff have
prepared a series of initial on four topics (attached .
Background Information Papers
These papers provide some contextual information and are meant to initiate further research, discussion
and eventually preferred options.The initial topics include parking regulations and standards,
preservation of industrial employment lands, institutional land uses, and mixed-use zoning.
While some changes to the ZBLto address the topics of these papers could potentially be made in Phase
2 as an interim step under the current OP or with a specific amendment,it is expected that more
substantial changes will require the approval of the new OP. The decision to include any amendments in
Phase 2 will be made by this Fall. It is anticipated that additional papers and discussion materials/forums
will be prepared in Phase 3 of the ZBL review. This may include reviewing some or all of our residential
zones and where they apply.
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COMMUNITY ENGAGEMENT:
Notice of change to the Zoning By-law is regulated by the Ontario Planning Act. In addition to the
legislated requirements, Planning staff will ensure that public engagement is undertaken in compliance
with Section 2 (City Initiated Applications) of Council Policy I-1095 - Public Participation in the Land Use
Planning Process.Planning staff will also utilize the Community Engagement Toolkit when engaging the
public, the development industry, and special interest groups.
Phase 1:
Planning Staff will Inform the public of the statutory public meeting of Planning & Strategic Initiatives
Committee for this item by advertising a notice in The Record newspaper.
Phase 2: Interim Update to the Zoning By-law (and current Official Plan)
Planning staff will Inform the public, the development industry, and special interest groups of the
commencement of the interim ZBL update with an advertisement, including asummary list of the
proposed changes, in July of 2013.Planning staff will Consult with all groups throughout the
process. Additionally, Planning staff will Inform of the public meeting to consider the proposed
changes with an advertisement in The Record newspaper in September 2013.
Phase 3: Comprehensive Update to the Zoning By-law
extensive
This project will include community, landowner, and stakeholder engagement. The major
milestones and engagement techniques will be provided in a separate report at the onset of this
phase. Planning staff will Inform,Consult, and Collaboratewith multiple stakeholders, including
landowners and the development industry.
Planning staff will develop an external website to distribute and share materials prepared as part of
Phases 2 and 3. This staff report and thebackground information papers will be posted. The website will
be utilized to post information on process, staff contact information, and additional resource materials.
ALIGNMENT WITH THE CITY OF KITCHENER STRATEGIC PLAN:
These items align with the Development Community Priority of the Kitchener Strategic Plan as it ensures
that the City manages its development and redevelopment to be consistent with Provincial, Regional and
City planning policies.
CONCLUSION:
Planning staff will be updating the ZBL in three phases;the annual housekeeping update, interim
update, and a larger, comprehensive update. Background Information Papers provide some context on
four topic areas and help start the process. A report and Zoning By-law Amendment on Phase 2
Interim Update is expected early this Fall. A report outlining the work program for Phase 3
Comprehensive Review is expected by the beginning of 2014.
REVIEWED BY:
Brandon Sloan, Manager of Long Range and Policy Planning
ACKNOWLEDGED BY:
Michael May,Deputy CAO
Community Services Department
Attachments
Background Information Papers
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CSD-13-
Zoning Bylaw Review
Background Information Paper 1: Parking Regulations and Standards
Objectives
To update and potentially simplify parking regulations and calculations
To implement new parking reductions and/or revisions to shared parking rates
To update the small residential unit (less than 51 square metres) parking rate
To introduce barrier-free parking standards in the By-law
To introduce new parking maximum rates
Background
-law and the Urban Design Manual.
mid-
nineties. As parking demand has changed, and will continue to change, it is appropriate to review the
current parking rates for the whole City to understand if they are still applicable moving forward. It is
rking regulations and standards with other newly developed
standards in other municipalities.
The By-law currently outlines parking requirements (or parking rates) in two main sections, one section for
applies to the remainder of the City. Generally,
the Downtown parking regulations require less parking, or exempt parking regulations for some uses
located in existing buildings altogether. The By-law also sets out parking regulations for areas within the
-use corridors (MUCs). While the base rate is the same, developments in the MUCs
can benefit with an optional reduction of up to 30% depending on the zone for non-residential uses. The
residential parking rate in the MUCs is one per unit. These two types of existing parking reductions in the
By-law recognize the nature of development in the MUCs, encourage transit, enhance the pedestrian
realm, and offer a greater aesthetic by reducing the demand for surface parking lots.
The City has completed long-term transportation work that is directly related to parking and transportation
choice. The Transportation Master Plan and the Cycling Master Plan encourage and support
development in the City that will lead to a greater modal split in transportation types (drive, carpool, cycle,
walk, transit, etc). In 2011, the City completed the Long-term Parking Strategy for Downtown which
highlighted the need for the City to balance downtown employment growth with environmental
sustainability, an effective transportation network, as well as fiscal responsibility. Existing office space is
expected to intensify and former industrial/commercial buildings are being converted to office. Without
change to the current parking regulations, Kitchener could face increased pressure to satisfy parking
demands should transportation costs remain low.
The Region of Waterloo, along with the cities of Kitchener, Waterloo, and Cambridge have previously
developed the TDM Trip & Parking Reduction Strategy and continue to undertake research surrounding
parking demand and supply for areas along the future Rapid Transit (RT) route. Work has already been
completed which examines parking regulations and standards across the three cities. This includes an
analysis of the current minimum parking rates in major transit station areas, general parking rates for
office, commercial and residential, as well as some parking reduction possibilities. The possibility of
consistent parking rates across the Region is also being explored as part of this work.
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The By-law currently provides a parking reduction for small residential units that are less than 51 square
metres in size. The parking reduction was originally developed for and applied to Residential Care
Facilities. Some developers have utilized this parking reduction for multiple residential projects as well,
which is allowed under the current By-law.
Barrier-
the ease of calculation and clarity, it is appropriate to consider including these regulations in the By-law
during this review.
Trends and Influences
The current parking regulations in the By-law are listed by actual land use (funeral home, restaurant, etc).
While this approach is clear in assigning the correct parking requirement to a use, there are more general
approaches that may be applicable based on land use type (commercial, residential, etc). Further study
should be undertaken to determine if gene
current regulation method. There may be some efficiency achieved in reviewing development
applications or even occupancy permits with a standardized general parking regulatory system.
To complement the work that has already been undertaken to date regarding parking demand and
supply, it may be appropriate to encourage active and shared transportation choices through the
implementation of parking reductions based on Transportation Demand Management (TDM) best
practices. These initiatives can include offering parking reductions for shared parking spaces, use of
public parking facilities, implementation of private infrastructure in a development that encourage active
transportation, as well as reductions based on location (within a station area plan, Downtown, etc.).
As we continue to enhance the relationship between health and the built environment, staff strive to
create healthy and complete communities, partly by offering greater transportation choice and
encouraging active modes of transportation. With the implementation of light rail transit through our City,
the Region is making a sufficient investment in infrastructure and is offering a new transportation choice
for our community. Planning staff have started the preparation process for the City to further refine long-
term growth around the future rapid transit station stops through the Planning Around Rapid Transit
Stations (PARTS) project. It is beneficial to further review and understand how the current parking rates
should be amended to encourage transit use while still maintaining sufficient functionality to ensure the
movement of goods and people throughout the whole City.
The minimum parking rates should be reviewed to determine if the current rates are still appropriate.
Further, parking maximums could be implemented to control excess parking and encourage a greater
modal split of transportation methods. Parking maximums have been used successfully in other
municipalities to help curb unnecessary land consumption for parking.
Focused Area of Study
Review of best practices and investigate parking for specific uses
Reducing, combining, and/or updating the number of use categories in the parking regulations
Develop parking reductions based on shared parking, TDM supportive development, and location
Review the current small residential unit (51 square metres or less) parking reduction regulation
Include the barrier-free parking rates and standards in the By-law
Investigate appropriate locations and criteria for new parking maximum rates
Confirm if certain parking rates should be applied in specific locational areas, city-wide or
consistently among area municipalities
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Zoning Bylaw Review
Background Information Paper 2: Protection of Industrial Employment Lands
Objectives
To preIndustrial Employment lands as identified in the
)
To permit only appropriate and compatible employment uses in Protected Employment Areas
Background
The Provincial Policy Statement (PPS) directs municipalities to promote economic development and
competitiveness by providing for a mix and range of employment uses to meet long-term needs, by
providing opportunities for a diverse economic base, ensuring that there is sufficient infrastructure in
place, and to protect and preserve Employment Areas for current and future uses.
The PPS defines an Employment Area
business and economic activities including but not limited to manufacturing, warehousing, offices and
s the City of Kitchener
to provide an appropriate range of employment uses which include industrial, commercial, and
institutional uses, institutional uses are not contemplated in the definition of an Employment Area.
The Growth Plan provides additional clarity and direction as to how municipalities should deal with
Employment Areas and employment uses. As directed by the PPS and the Growth Plan, the City of
Kitchener conducted the CREL that was approved by Kitchener City Council on March 22, 2010. The
Growth Plan also clarified that major retail is not an employment use, giving further direction on the PPS
definition of an Employment Area.
-term needs for employment lands as defined by the PPS and the
Growth Plan and assessed all lands that are currently occupied by employment uses and/or where the
Official Plan and/or the Zoning By-law permit employment uses. The purpose of the study was to
nds) to ensure that the City
has sufficient lands to meet long term industrial employment needs, to protect prime industrial
employment lands, and to identify industrial employment lands that are suitable for conversion to other
employment uses and non-employment uses.
-law could be
used to further control permitted uses to preserve Protected Employment lands (first category in the
CREL), being Employment Area lands. These lands are contiguous with other employment lands, form a
vibrant and viable cluster, have convenient and superior access to highways, and on a primary/secondary
arterial/major collector road, are separated from sensitive uses, are not located in a significant
groundwater recharge area, are relatively flat, and have a parcel size greater than 0.4 hectares (1 acre).
The CREL recommends that Planning Staff review the industrial employment land use designations with
respect to the uses that are currently permitted and refine the designations to allow an appropriate and
compatible mix of population related employment jobs to support industrial employment areas and assist
in achieving density targets for employment lands. Through the current Official Plan (OP) review process,
new and strengthened employment policies and land use designations are proposed for Employment
Areas
concept. Due to its importance to the community, the OP seeks to strengthen the existing industrial areas
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through effective land use planning and requires that there always be an adequate supply of Protected
Employment lands.
Trends and Influences
Planning staff has observed an influx of interest for the development and redevelopment of Protected
Employment lands. Protected Employment lands are generally located within planned industrial and
business park areas of the City that were developed through public and private endeavours. These areas
were designed to accommodate the long-term supply of employment lands in the City, resulting is some
anticipated short-term vacancies. As an interim solution to fill these vacancies, Planning staff has
received proposals from land owners to allow for a use/user that is not appropriate for an Employment
Area. Many user groups are attracted to business and industrial parks due to their prime location, parcel
size, and purchase/lease price. While Planning staff appreciates the short-term solution being proposed,
we remain cognizant of the long-term need for Employment Areas in the City.
Focused Areas of Study
Review the current permitted uses for zones that are applied to Protected Employment Areas
Determine appropriate locations for certain commercial uses that may serve industrial areas but
not utilize protected employment land
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Zoning Bylaw Review
Background Information Paper 3: Institutional Uses
Objectives
To identify new opportunities to locate institutional uses throughout the City
To retain and preserve existing institutional sites could be anywhere for institutional uses to
support a complete community.
To not permit Industrial Employment Areas
Background
Religious Institutions,Educational
Establishments, and other institutional uses. Some of these sites have also been redeveloped with non-
institutional uses such as low density residential. Some institutional uses have also located in other areas
of the City and are permitted in some non-institutional zones.
The Growth Plan for the Greater Golden Horseshoe (P2G) states in Policy 3.2.6.2 that planning for
growth will take into account the availability and location of existing and planned community infrastructure
so that community infrastructure can be provided efficiently and effectively. Additionally, Policy 3.2.6.3
further states that an appropriate range of community infrastructure should be planned to meet the needs
resulting from population changes and to foster complete communities.
The new draft OP contains institutional land use policies which align with regional policy and provincial
legislation. The new draft OP specifically identifies new neighbourhood institutional sites on the land use
map. The new draft OP also permits appropriately scaled institutional uses in mixed-use areas and
commercial campuses. The ZBL will have to be updated to implement these policies to ensure specific
institutional uses are located in appropriate locations to serve communities throughout the City. This may
include revisions to the institutional zones, as well as other zones which currently permit institutional
uses.
The ZBL currently has three institutional zones: Neighbourhood Institutional Zone (I-1), Community
Institutional Zone (I-2), and Major Institutional Zone (I-3). These three zones permit a variety of
institutional uses and serve different functions.For example, an elementary school is typically in an I-1
zone, a secondary school is within an I-2 zone, and a post-secondary educational establishment is within
an I-3 zone.In addition, some non-institutional uses such as low density residential are permitted in
these three zones.
Trends and Influences
zones permit some residential uses, some former Educational
Establishments and Religious Institutions sites within established neighbourhoods sites are being
redeveloped for residential uses. Educational Establishment sites that are reserved in new subdivisions
that are not required are often developed with low density residential uses and not used for institutional
uses. These sites are often critical as a walkable destination and neighbourhoods are usually designed
around this needed use. There may be some benefit in developing institutional zones which do not permit
residential uses to encourage development and redevelopment of proposed and former school sites with
Religious Institutions, other types of Educational Establishments or other neighbourhood scaled
institutional uses. This would allow new appropriately scaled institutional uses to develop in
neighbourhoods, which will contribute a valuable amenity to the surrounding community.
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Planning staff has observed an influx of interest for the development and redevelopment of lands within
sIndustrial Employment Areas for institutional uses such as Religious Institutions and
Educational Establishments. In 2005, as a result of the Provincial Policy Statement (PPS) being released
by the Province, Kitchener City Council supported amending eight of the zoning districts to limit the floor
area of a Religious Institution and Educational Establishment to a maximum of 25% of the total gross floor
area of a bindustrial employment
zones. The intent of this zoning amendment was to protect Employment Areas by only allowing for small
scaled Religious InstitutionsandEducational Establishments to be located within an industrial district,
aligning with the PPS definition of an Employment Area
institutional uses outright.As part of the review of the Employment Areas as outlined in
Background Information Paper No. 2, study should be undertaken to determine if employment zones
should continue to permit institutional uses at 25% of the total gross floor area of a building.
Some large commercial areas that were developed 15-20 years ago are now starting to see some
vacancies -
-s in
mixed use or newly developing communities should be further explored.
Focused Areas of Study
Identify appropriate zones and areas in the City for uses such as Religious Institutions,
Educational Establishments, and other institutional uses
Study the opportunity for new institutional zones which do not permit low density residential uses
for both greenfield areas and established neighbourhoods, which would still permit residential
care facilities
Investigate new opportunities to locate institutional uses throughout the City
To review the permitted uses in the three institutional zones; Neighbourhood Institutional Zone (I-
1), Community Institutional Zone (I-2), and Major Institutional Zone (I-3)
To review the permitted institutional uses in other non-institutional zones in the ZBL
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Background Information Paper 4: Mixed Use Zoning
Objective
To ensure that new mixed use zones and mixed use regulations of properties respect and
achieve the planning function of the area
To develop new mixed use zones that will be applied to a variety of properties in both nodes,
corridors in greenfield or built up areas
To determine which properties should have mixed use zones outside of the current mixed use
nodes and corridors
To ensure that mixed use node zones or regulations are development according to the scale of
the urban structure element (ie. City level, Community, Neighbourhood)
To outline design requirements through zoning regulations for mixed-use developments and
redevelopments
Background
The current Official Plan (OP) and the new OP identify Nodes and some corridors as areas of
intensification. Depending on the type of node and corridor,they serve different city, community and
neighbourhood scaled planned functions and may be different in terms of character, scale, function, and
potential to accommodate growth. These areas are intended to ensure that commercial activities are well
distributed, accessible, and able to respond to the needs of the consumer. These areas are connected
by transit corridors and the integrated transportation system which are key elements in shaping growth
and built form.
The current OP identifies seven mixed use corridors located on or near major transit routes near
Downtown. Subsequently, mixed use corridor zones (MU-1, MU-2, and MU-3) were developed and
applied to the properties within the corridors. Due to the non-linear nature of a node, the existing mix-
used corridor zones are not easily applied to stand alone properties or properties within a node.As a
result, new mixed use zones should be developed for use throughout the City. Further research should
also be undertaken to determine if special regulations should be created and applied to properties within
existing nodes to achieve a mix of different land uses, to influence the design of buildings withinthe
nodes, and to ensure that the planned function of the node outlined in the new OP is met.The
investigation of the planned function of an area will require coordination with commercial zoning.
Trends and Influences
Design based mixed use zones can be used to regulate infill redevelopment as well as greenfield
development that is appropriately scaled and transit-supportive.Creating a variety of mixed use zones
will ensure that redevelopment with non-residential and residential intensification will be compatible with
the surrounding existing neighbourhood. Further study should also be undertaken to determine what
special regulation provisions can be applied to specific properties, including existing developed
properties.
Special zoning regulations have already been developed by Planning staff to implement the policies of
the Rosenberg Secondary Plan. Further review of these regulations will be undertaken and used to help
develop greenfield zoning regulations or greenfield mixed use zones. It is anticipated that infill mixed use
redevelopments will require specific zoning regulations or mixed use zones that differently address
compatibility and residential intensification within established neighbourhoods.
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Focused Area of Study
To review the existing Commercial Residential zones and their continued applicability
To review for ideas the mixed use special zoning regulations developed to implement the
Rosenberg Secondary Plan
To develop special zoning regulations or new mixed use zones that will permit the mixing and
integration of different land uses within a development or a building
To identify which properties any new zones or regulations could apply to
Additional Area of Related Study
The new OP also encourages opportunities for new live/work developments in the City. Live/work
developments are often within buildings that include residential dwelling units as well as commercial
spaces that are either owned or operated by the residents of the associated dwelling units. Further study
is required to understand whether these opportunities require any further evolution of current zoning
approach in the ZBL.
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