HomeMy WebLinkAboutCSD-15-036 - Zone Change Application ZC15-06-COK-SRM - Annual Zoning By-law Update 2015, City Initiated
______________________________________________________________________
An amendment to Zoning By-law 85-1 is proposed in order to improve administration
and provide clarification in certain areas of the By-law. The last Zoning By-law update
was approved in September 2013. A number of minor changes have been identified
through the daily use of the By-law by various City staff since that time.These changes
are very minor and do not impact the comprehensive by-law review underway
(CRoZBy). Some of the changes are summarized below and are all changes included
By-
1. 103 Courtland Avenue East (Map 1 attached to the proposed by-law) removal
of Special Regulation 336R which referenced a reduced side yard setback for a
building that has been demolished and the site has been redeveloped.
2. 707, 709, 711 and 713 Frederick Street (Map 2 attached to the proposed by-
law) removal of Special Regulation 182U which referenced a previous
commercial use in a building that has been demolished. The site is now
redeveloped with semi-detached dwellings.
3. Eden Oak Trail, Block 2, Registered Plan 58M-373 (Map 3 attached to the
proposed by-law) rezoning from Open Space Zone (P-2) to Public Park Zoning
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
3 - 1
(P-1). This property was originally zoned P-1 during the subdivision planning
process. At some point in the mapping of the zone change application the P-2
zone was assigned to the lands. This update will correct the zoning category on
the mapping of the property.
4.This provision was created in 2005 and
of the gross floor area of a building in the Restricted Business Park zone (B-2)
and Business Park Service Centre zone (B-3), whereas the by-law at that time
limited occupancy to 25% of the gross floor area. In 2013, through a previous
annual Zoning By-
provision is being updated to acknowledge that the uses continue to be
permitted at 100% of the gross floor area for the building that existed on the day
of the passing of the 2013 by-law.
5. Section 2.3 - name changeZoning
(Occupancy) Certificatereview and approval is
based on Zoning regulations.
6.SecIn 2013, Council approved changes to
Zoning By-law 85-1 as part of Zoning By-law Phase 2 (Interim Update) work
program. As part of that update, several definitions and regulations were
amended to provide greater clarity of their application. The definition of Building
Heightwas amended to give further direction on the maximum building height
for buildings measured from the lowest finished grade. Since that time, changes
to the Ontario Building Code, as well as changes in consumer preference for
walkout basements and finished loft spaces, has led to single detached
dwellingswith larger interior building heights. As a result, changes are
proposed to exempt single-detached and duplex dwellings from the 110%
lowest finished grade building height regulation, as the original intent of the
regulation was for buildings with larger footprints, such as multiple dwellings. It
should be noted that further changes to residential building heights will be
considered comprehensively in Phase Two of the CRoZBy project.
7.Section
-The purpose of the proposed changes to this section of the by-law
is to legalize deficiencies created by road widening projects for legally
developed, existing sites.Section 5.9 currently addresses some deficiencies
such as lot area, floor space ratio, lot width and yard setbacks.The proposed
language supplements the existing regulation by legalizing such regulations
as:the required number of parking spaces,setback to parking from the street
and lot coverage so that all regulations are deemed to comply.
The proposed Zoning By-law, which incorporates all of the changes, clarifications or
corrections noted above, will enable staff and the public using the By-law to be more
consistent in use and interpretation of the regulations.
3 - 2
INFORM
-law 85-1 will 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.
N/A
Notice of the public meeting to be held by the Committee of Council dealing with
Planning & Strategic Initiatives matters on May 25, 2015, is to be advertised in The
Record on May 1, 2015. As well, this report is to
the agenda in advance of the council / committee meeting. Both of the noted actions
The revisions in this report are minor changes or updates to the Zoning By-law. Staff
recommends approval of the annual Zoning By-law update.
Della Ross, Manager of Development Review (Community Services)
Michael May, Deputy CAO (Community Services)
List of Attachments:
- Newspaper advertisement
Proposed Zoning By-law
3 - 3
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
The City of Kitchener is proposing a number of updates or minor revisions to the existing Zoning By-law 85-1. These
revisions represent improvements or clarifications to the By-law which will assist in the implementation and interpretation
of various sections. Most of the amendments apply to lands City-wide.
The public meeting will be held by the , a Committee of Council which deals
with planning matters, on:
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposals.
is available by contacting the staff person noted below, viewing the report contained in the
agenda(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
, Planning Technician (Zoning) - 519-741-2200 ext. 7844 (TTY: 1-866-969-9994),
sheryl.ricemenezes@kitchener.ca
3 - 4
April 21, 2015
BY-LAW NUMBER
OF THE
OF THE CITY OF KITCHENER
CORPORATION
(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 Annual
Zoning By-law Update)
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 2.3 of By-law 85-1 is hereby amended by deleting all references to the phrase
CERTIF
.
2. Section 4.2 of By-law 85- adding the
3. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in proper
alphabetical order:
means the vertical distance
between the highest finished grade level at the perimeter of the building and the uppermost
point of the building. Provided, however, where this by-law requires building height to be
calculated to determine a minimum rear yard or a minimum side yard requirement, building
height shall mean the vertical distance between the lowest finished grade elevation along the
lot line related to such yard at that point closest to the building and the horizontal extension of
the uppermost point of the building.Antennae, chimneys, or other similar features shall be
disregarded in calculating building height. In the case of a building on a lot within more than
one zone, building heights shall be measured to the uppermost point of that portion of the
building within each zone.
3 - 5
2
4. Section 4.2 of By-law 85-
a) deleting nd replacing with the
following word:
b) adding immediate words and punctuation:
5. Section 5.9 of By-law 85-1 is hereby amended by;
a)
nd indenting the new subsection as required; and,
b) adding a new subsection, 5.9.2, immediately after subsection 5.9.1, as follows:
2If the acquisition of land to widen a street or to provide a corner visibility triangle
results in non-compliance with regulations not listed in 5.9.1 and existing on the date
of acquisition, the non-compliance with those regulations shall be deemed to comply
where the building or use legally existed on the date of the acquisition.
6. Section 6.1.1.1 a) vi) of By-law 85-1is
7. Section 12.2.1 of By-law 85-1is hereby amended by:
a) In the regulation for Non-Permitted Retail as Accessory
Use
b)
8. Section 14.3 of By-law 85-
9. Section 44.6 of By-law 85-1 is hereby amended by adding, to the heading, t
3 - 6
3
10. Section 48.3.2 of By-law 85-1is hereby amended by adding a new regulation, immediately below the
11.Schedule 119 -law 85-1 are hereby amended by changing the zoning applicable
to the parcel of lands specified and illustrated as Area 1on Map No. 1, in the City of Kitchener,
attached hereto, from Commercial Residential One Zone (CR-1) with Special Regulation Provision
336R to Commercial Residential One Zone (CR-1).
12. Schedule 178 -law 85-1 is hereby amended by changing the zoning applicable
to the parcel of land specified and illustrated as Area 1on Map No. 2, in the City of Kitchener,
attached hereto, from Residential Five Zone (R-5) with Special Use Provision 182U to Residential
Five Zone (R-5).
13. Schedule 271 -law 85-1 is hereby amended by changing the zoning applicable
to the parcel of land specified and illustrated as Area 1 on Map No. 3, in the City of Kitchener,
attached hereto, from Open Space Zone (P-2) to Public Park Zone (P-1).
14. Provision 182 -law 85-1 is hereby amended by deleting in its entirety.
15. Provision 351 of Ap-law 85-1 is hereby amended by:
a) deleting the following .1
b)
16. Provision 336 D-law 85-1 is hereby amended by deleting in its entirety.
PASSED at the Council Chambers in the City of Kitchener this dayof
, 2015.
_____________________________
Mayor
_____________________________
Clerk
3 - 7
SCHEDULE 120
SCHEDULE 85SCHEDULE 86
3 - 8
SCHEDULE 178SCHEDULE 177
SCHEDULE 139SCHEDULE 140
3 - 9
3 - 10