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Home My WebLink AboutCSD-13-111 - Zoning By-law Phase 2: Interim UpdateStaff Report Community Services Department w .kirchenera REPORT TO: Council DATE OF MEETING: November 25, 2013 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Planner (519- 741 - 2200x7070) WARD(S) INVOLVED: All DATE OF REPORT: November 18, 2013 REPORT NO.: CSD -13 -111 SUBJECT: FOLLOW UP TO REPORT CSD -13 -091 CITY OF KITCHENER ZONING BY -LAW 85 -1 PHASE 2: INTERIM UPDATE RECOMMENTATION: That City- initiated zone change amendment ZC12 /008 /B /GS (Phase 2: Interim Update) to amend general provisions, be approved in the form shown in the "Proposed By -law" dated November 18, 2013, attached to Report CSD 13 -111 as Appendix "A ". BACKGROUND: Report CSD -13 -091 was presented to the Planning and Strategic Initiatives Committee on October 21, 2013 recommending amendments to the City's Official Plan and Zoning By -law to implement the changes for the Phase 2: Interim Update program. These changes are being proposed now to ensure that the current zoning by -law effectively implements the direction of the current Official Plan until such time as the new Official Plan and Zoning By -law are approved and in effect. These changes address concerns that have been identified by staff, Council, property owners, residents, and /or the development industry. The following proposed changes were deferred and are considered with this report: • Definition of building height; • Changes to the small residential dwelling unit parking rate; and • Changes to regulations to permit semi - detached duplex dwellings. The balance of the proposed changes from the Phase 2: Interim Update program were approved or adopted by Kitchener City Council on October 28, 2013. This report supplements Report CSD -13 -091 which can be referenced for additional information. REPORT: Building Height Definition The definition of Building Height is proposed to be refined to provide greater clarification on the maximum building height from both the lowest and highest finished grades. Staff are proposing that the maximum building height from the lowest finished grade cannot not be more than 110% greater than the maximum building height in the applicable zone. This allows flexibility for sites with varying topography. The current definition does not impose a maximum building height from the lowest finished grade. This change will ensure that the massing of buildings when viewed form the public realm will appear to be more compatible. Planning staff consulted with interested members of the development industry in the preparation of this definition. 8.a. - 1 A is the rrna .iMUrn building height from the highest finished grade. The bUileling height at @ cannot exceed 110% of the ma :Kiimriim height oeitlined in the applicable zone. Lowest Finished GF3de Grade Highest Finished Grade Small Residential Dwelling Parking Rate The proposed amendment to the small residential parking rate for multiple dwellings is required as the parking reduction is not be utilized as originally intended. The reduced parking rate was established for senior's housing and other assisted living facilities that did not meet the definition of a Residential Care Facility (therefore considered a Multiple Dwelling in the Zoning By -law) and not for general application for all multiple dwelling developments. Planning staff may support parking reductions based on the merit of a development proposal (such as being within close proximity to existing transit service or planned higher order transit service, where there is a relatively large pool of public parking spaces available, and within a neighbourhood with destinations such as employment or education, commercial, recreational facilities, and institutional uses). Such parking reductions can be considered by the City's Committee of Adjustment on an individual basis, rather than relying on an as -of -right parking reduction which was not developed to be applied in the manner in which it is currently being utilized (in areas that do not have measures in place to support reduced parking regulations). As previously noted, a City -wide comprehensive review of all parking regulations will be undertaken during the Comprehensive Zoning By -law Update that will be initiated in 2014 to implement the City's new Official Plan. Semi - Detached and Semi - Detached Duplex Dwellings Greater clarity is provided in the Zoning By -law as to where semi - detached duplex houses and dwellings are permitted. A semi - detached duplex dwelling may contain three or four dwelling units. Changes to the Zoning By -law are proposed to permit semi - detached duplex dwellings within zones where multiple dwellings with four or more units are now permitted. Under the current zoning regulations, a semi- detached dwelling may be constructed and duplexed in future, allowing for a four unit building in a zone that does not otherwise permit four unit multiple dwelling buildings. Semi - detached dwellings are not subject to Site Plan Control and therefore are not subject to additional controls that the site plan review process requires for other multiple dwelling unit buildings. Revisions to the Site Plan Control By -law may be considered in future. Semi - detached dwellings existing prior to January 1, 2014 will be legally permitted within the Residential Four (R -4) and Residential Five (R -5) zones. ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Attachments Appendix "A" — Proposed By -law 8.a. - 2 CSD -13 -111 Appendix A PROPOSED BY -LAW November 25, 2013 :MAMIRTA►l11MA 1:1 ::7 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 Interim Update Amendment) WHEREAS it is deemed expedient to amend By -law 85 -1, as amended; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Section 2.4 of By -law 85 -1 is hereby amended by adding the following new subsection: "d) DEEMED TO COMPLY: SITE PLAN AGREEMENTS AND SITE PLAN APPROVALS Where a Site Plan Agreement has been entered into and signed by Owner and the City of Kitchener prior to December 31, 2013 or where Site Plan Approval has been granted but a Building Permit for the applicable project has not been issued, the provisions amended, deleted, or added as part of Bylaw # shall be deemed to be modified to the extent necessary to give effect to the Site Plan Agreement or Site Plan Approval, provided that the Building Permit is issued prior to December 31, 2015. 2. Section 4.2 of By -law 85 -1, the definition of "Building Height" is hereby amended by adding the sentence "At no point shall the vertical distance between the lowest finished grade and the uppermost point of the building exceed 110% of the maximum building height in the applicable zone." after the first sentence. 8.a. - 3 2 3. Section 4.2 of By -law 85 -1 is hereby amended by adding the following new definition in proper alphabetical order: "Semi- Detached Duplex Dwelling" means a building divided vertically into one semi - detached house and one semi - detached duplex house, or into two semi - detached duplex houses, by a common wall which prevents internal access and extends from the base of the foundation to the roof line and for a horizontal distance of not less than 35 percent of the horizontal depth of the building. Each semi - detached duplex house shall be designed to be located on a separate lot having individual vehicular access to and frontage on a street or lane. Where a regulation applies to a "Semi- Detached Dwelling" in Section 5 or Section 6 of By -law 85 -1, said regulation shall apply similarly to a "Semi- Detached Duplex Dwelling." 4. Section 4.2 of By -law 85 -1 is hereby amended by adding the following new definition in proper alphabetical order: "Semi- Detached Duplex House" means a semi - detached house which contains two dwelling units. 5. Section 4.2 of By -law 85 -1, the definition of "Semi- Detached Dwelling" is hereby amended by deleting the phrase "between semi - detached houses" after the word "access ". 6. Section 4.2 of By -law 85 -1, the definition of "Semi- Detached House" is hereby amended by deleting the phrase "or two" after the word "one" and replacing the word "units" with "unit. 7. Section 6.1.2.a) of By -law 85 -1 is hereby amended by replacing the phrase "Multiple Dwelling Totalling 4 or More Dwelling Units and Containing Dwelling Units Having a Floor Area of 51.0 Square Metres or Less" with the phrase "Multiple Dwellings totalling 100 Dwelling Units or more within the area bounded by the Conestoga Parkway, Homer Watson Boulevard/ Shoemaker Greenway /Belmont Avenue, and the northerly boundary of the City of Kitchener, built after the passing of this By -law and containing dwelling units having a floor area of 51.0 square metres or less ". 8. Section 38.1 of By -law 85 -1 is hereby amended by adding the following new permitted use in proper alphabetical order: "Semi- Detached Duplex Dwelling existing prior to January 1, 2014 ". 8.a. - 4 3 9. Section 39.1 of By -law 85 -1 is hereby amended by adding the following new permitted use in proper alphabetical order: "Semi- Detached Duplex Dwelling existing prior to January 1, 2014 ". 10. Section 40.1 of By -law 85 -1 is hereby amended by adding the following new permitted use in proper alphabetical order: "Semi- Detached Duplex Dwelling ". 11. Section 40.2.3 of By -law 85 -1 is hereby amended by adding the phrase "and Semi - Detached Duplex Dwelling" after the word "Dwelling ". 12. Section 41.1 of By -law 85 -1 is hereby amended by adding the following new permitted use in proper alphabetical order: "Semi- Detached Duplex Dwelling ". 13. Section 41.2.3 of By -law 85 -1 is hereby amended by adding the phrase "and Semi - Detached Duplex Dwelling" after the word "Dwelling ". PASSED at the Council Chambers in the City of Kitchener this day of 12013. Mayor Clerk 8.a. - 5