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HomeMy WebLinkAboutCSD-16-071 - Draft Plan of Subdivision - 30T-08203 - ZC16-004-N-BB - New Dundee Road REPORT TO: Planning & Strategic Initiatives Committee DATE OF MEETING: December 5, 2016 SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319 PREPARED BY: Brian Bateman, Senior Planner,519-741-2200 ext. 7869 WARD(S) INVOLVED: Ward 4 DATE OF REPORT: October 31,2016 REPORT NO.: CSD-16-071 SUBJECT: ZONING BY-LAW AMENDMENT ZC16/004/N/BB ACTIVA HOLDINGS INC. ___________________________________________________________________ *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 4 - 1 RECOMMENDATION: That Zone Change Application ZC/16/004/N/BB (Activa Holdings Inc.) requesting a change in zoning from Residential Four Zone (R-4) with Special Regulation Provision 405R, Residential Six Zone (R-6), Community institutional Zone (I-2), Convenience Commercial Zone (C-1) with Special Regulation Provision (491R) and Special Use Provision (386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision (490R) and Special use Provision (385U), Open Space Zone (P-2), and Public Park Zone (P-1) to: Residential Four Zone (R-4) with Special Regulation Provisions (685R and 686R); Residential Six (R-6) with Special Regulation Provisions (685R, 687R, 688R and 689R);Community institutional Zone (I-2) with Special Regulation Provisions (685R, 687R and 689R), Convenience Commercial Zone (C-1) with Special Regulation Provisions (491R, 685R, 688R and 689R) and Special Use Provision (386U), Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provisions (490R, 685R, 688R and 689R and Special Use Provision (385U); and Hazard land Zone (P-3) be approved in the -November 4, 2016 attached to Community Services Department Report CSD-16-071 A EXECUTIVE SUMMARY: This zone change application is proposing to alter zoning regulations on the lands zoned R-4, R-6, I-1, C-1 and C-2 relating to residential building setbacks and building height in order to accommodate and recognize new housing products being proposed by Activa on their draft approved subdivision known as Stauffer Woods, 30T-08203. REPORT: The Stauffer Woods Plan of Subdivision is located in the Doon South Community bounded by Groh Drive and Dodge drive to the east, New Dundee Drive to the south, Reidel Drive to the west and Stauffer Drive to the north.The plan consists of approximately 1500 residential units on a modified grid street road pattern which also includes open space and commercial land uses. was approved by Ontario Municipal Board in March of 2009. A number of draft plan approval conditions were imposed on the plan of subdivision to ensure the development complies with the stormwater management recommendations/ criteria of the Upper Blair Creek Functional Drainage Study as well as to protect and monitor adjacent natural heritage features. Urban design requirements for priority lots and lands abutting cultural heritage roads were also incorporated into the approval of the subdivision to ensure compliance with the were also imposed regarding servicing requirements and traffic. The approved zoning also established zone limits to ensure the protection of abutting natural heritage features (and their associated buffers) in accordance with the approved recommendations of the Environmental Impact Reports submitted in support of the applications. The residential zoning categories, as originally approved by the Board, generally permit a range of unit types characteristic of the Low Rise Residential designation. Since the B the proposed public elementary school block in the first stage of the subdivision in order to ion, including the new school site, was registered on June 26, 2015 as Plan 58M-584. In addition to the school, Moorelands Crescent has been constructed and homes are built or under construction. Proposed Zone Change The proposed zone change is to allow for a reduction in yard regulations and an increase in the overall height of buildings. These new regulations will result in improved design flexibility and land efficiencies to help drive better urban design through enhanced architectural articulation and compact urban form, porches and verandahs, and varied rooflines which together will 4 - 2 create a more attractive, lively andinviting streetscape. Moreover, the proposed changes will recognize andfacilitate the provision of different housing styles (i.e. back-to-back townhouses) and options that are detailed in the amending zoning by-law. This approach is consistent with other approved subdivisions located in other parts of the City (e.g. the Mattamy Subdivision on ussler Road Subdivision). The proposed zone change does not change the approved land uses of the plan or alter the configuration of the plan; nor does itpropose to change the 6 metre driveway parking setback, reduce the number and availability ofon-street parking spaces or decrease the boulevard space used for street tree planting. These will remain unchanged as originally approved. Provincial and Regional Policy Conformity Provincial Policy Statement (2014) The Provincial Policy Statement (PPS) sets the policy foundation for regulating the development and use of land. The PPS promotes building healthy, liveable and safe communities. Specific policies promote the efficient development of lands; the provision of a range of housing types, institutional lands, parks and open spaces to meet long-term needs; avoiding development that may cause environmental, public health or safety concerns; and providing land use patterns that are transit supportive, and that support active transportation, including the provision of trails and linkages. The proposed development is consistent with the PPS. 2006 Growth Plan for the Greater Golden Horseshoe The subject lands are designated as part of the Designated Greenfield Area as defined by the 2006 Growth Plan for the Greater Golden Horseshoe. new development taking pace in designated greenfield areas will be planned, designated, zoned and designed in a manner that contributes to creating complete communities, creates density and urban forms that support walking, cycling, and which provide a mix of residential housing types. Regional Official Plan & Regional Official Policies Plan The subject lands are within the Urban Area established in the Regional Official Plan & the Regional Official Policies Plan. Regional policies generally promote the establishment of a full range of housing types, efficient land use patterns and land use patterns that support alternative modes of transportation including transit, walking and cycling. The proposed Plan of Subdivision and Zone Change applications conforms to the Regional Official Plan or Regional Official Policies Plan. Municipal Policy Considerations Official Plan Designation (in effect) This application conforms to the Official Plan. The subject lands are designated Low Rise Residential and Open Space Low Rise Residential districts shall accommodate a full range of housing types at a maximum density of 25 units per hectare as well as other compatible non-residential uses. In these districts the City favours the mixing and integration of different forms of housing to achieve an overall low intensity of use. The proposed range of residential, park and open space uses under consideration conforms to the Low Rise Residential designation established in the Doon South Community Plan. In addition, the Urban Design policies and the City Urban Design Manual encourage and support architectural variety and styles that these regulations will offer. New Official Plan (under appeal) This application conforms to the Official Plan. The subject lands are designated primarily Low Rise Residential with some Open Spaceand Natural Heritage Conservation Adopted Official Plan (under appeal). The Low Rise Residential Designation supports a full 4 - 3 range of housing types at an overall low intensity of use in addition to recognizing housing innovation and height variations providing these changes are consistent with the surrounding neighbourhood.The requested zone change is intended to allow for design flexibility which will provide for innovative low rise housing to the market. As a result, the proposed residential uses conform to the designation in this plan. Doon South Communty Plan The subject lands are designated Low Rise Residential and Open Space in the Doon South Community Plan. The proposed plan of subdivision is consistent with the land use designations and policies contained in the community plan. Planning Analysis: In considering the foregoing, Staff is supportive of the proposed Zone Change to implement a more flexible set of regulations. Staff is of the opinion that these zoning regulations enable and encourage a broader range of house designs, styles and architectural enhancements in a more compact urban form which supports the urban design direction to create more lively and varied streetscapes. The proposed zone change will improve the community design elements of the Plan of Subdivision by providing variety within the community while maintaining the unique character of the Doon South neighbourhood. In summary, staff is supportive of the changes in zoning regulations proposed and is considered Official Plan, ROP and PPS. initiatives. The proposed zoning regulations have undergone an extensive review process and staff is satisfied incorporating any revisions through appropriate regulations. Transportation Planning staff has tested these regulations (i.e. corner lots) and is satisfied the proposed regulations will not pose a safety hazard and/or visibility risk for both vehicular and pedestrian traffic. Transportation Planning staff has tested the proposed yard regulations against the provision to provide on-street parking and is satisfied they do not compromise the ability to provide on-street parking. It does not change or affect any of the environmental regulations imposed on the plan. The zoning regulations do not affect the width of boulevard right-of ways as originally approved thereby not compromising street tree planting. Ithas undergone apublic consultation review process resulting in changes that all parties have agreed to. The proposed changes to the zoning regulations provide for a variety of housing types and styles in a more compact urban form that are considered compatible and desirable in a low rise residential area. In considering the foregoing, staff is recommending the approval of the zone change application. AGENCY COMMENTS: Commenting agencies and City departments have provided extensive review of the technical considerations associated with this zone change request. Staff is satisfied and supportive of the changes under consideration. 4 - 4 ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: through the delivery of core service. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with these recommendations. COMMUNITY ENGAGEMENT: INFORM & CONSULT- The subject application was circulated by mail within a 120 metre radius as required by Council policy. There were three responses received from residents located on Moorelands Crescent who back onto the northerly portion of the subject lands. Their concern was with potential impacts (i.e. views and privacy) associated with new homes being constructed directly behind their homes using these new zoning regulations. To address the concerns, render drawings were prepared by MHBC to illustrate the relationship of new homes using the revised regulations to existing homes located along Moorelands Crescent. These did not satisfy resident concerns so a meeting was held on September 15, 2016 at the Doon Valley Golf Course.A total of five residents along with Planning staff and MHBC/Activa were in attendance. There was a lot of positive back and forth discussion generated from both sides. In the end, it was agreed upon by all parties in attendance that the proposed zoning regulations would not apply to those lots that immediately back onto Mooreland Crescent and that there was no concern with the balance of the lands having these revised regulations. Notice of the Planning and Strategic Initiatives Committee Meeting will be given in the Record on November 11, 2016. CONCLUSION: City of Kitchener staff supports the proposed Zone Change application. Staff is of the opinion that the proposed zoning regulations are desirable for the future development of the subject lands, which the proposed regulations will ensure that the subject lands develop appropriately within the context of the surrounding neighbourhood and are consistent with . The Zoning Bylaw Amendment is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Accordingly, Planning staff recommends that the Zoning By-law Amendment application ZC16/004/N/BB be approved. ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services) REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Michael May, Deputy CAO Community Services Department Appendices A- Map 1 & Zoning By-law B Agency Comments C Resident Comments D Newspaper Notice 4 - 5 .mxd FILE: ZC16004NBB FROM RESIDENTIAL FOUR ZONE (R-4)WITH SPECIAL REGULATION PROVISION 405RTO RESIDENTIAL FOUR ZONE (R-4)WITH SPECIAL REGULATION PROVISIONS685R AND 686RFROM RESIDENTIAL SIX ZONE (R-6)TO RESIDENTIAL SIX ZONE (R-6)WITH SPECIAL REGULATION PROVISIONS685R, 687R AND 689RFROM COMMUNITY INSTITUTIONAL ZONE (I-2)TO COMMUNITY INSTITUTIONAL ZONE (I-2)WITH SPECIAL REGULATION PROVISIONS685R, 687R AND 689RFROM NEIGHBOURHOOD SHOPPING CENTRE ZONE (C-2)WITH SPECIAL REGULATION PROVISION 490RAND SPECIAL USE PROVISION 385UTO NEIGHBOURHOOD SHOPPING CENTRE ZONE (C-2)WITH SPECIAL REGULATION PROVISIONS490R, 685R, 688R AND 689RAND SPECIAL USE PROVISION 385UFROM CONVENIENCE COMMERCIAL ZONE (C-1)WITH SPECIAL REGULATION PROVISION 491RAND SPECIAL USE PROVISION 386UTO CONVENIENCE COMMERCIAL ZONE (C-1)WITH SPECIAL REGULATION PROVISIONS 491R, 685R,688R AND 689RAND SPECIAL USE PROVISION 386UFROM OPEN SPACE ZONE (P-2)TO HAZARD LAND ZONE (P-3)FROM PUBLIC PARK ZONE (P-1)TO HAZARD LAND ZONE (P-3) 777777777777777 KKKKKKKKKKKKKKK 777777777777777 KKKKKKKKKKKKKKK AREA 1AREA 2AREA 3AREA 4AREA 5AREA 6AREA 7 777777 777777 T KKKKKK KKKKKK T S D O O W Y T R-4 SS NI E E RM T C H D E O R O W R-4 P-2 405R P-2 P-2 P-3P-2 A-1 AREA 2 P-2 AREA 1 R T D S E G D I I-2 K R W O DE A E M E R SCHEDULE 209SCHEDULE 208 C P-2 R I S P-2 A E L City of Kitchener R AREA 6 B R-6 C Y P-3 R R D K O E E R C C H T I P-1 U O COMMUNITY SERVICES DEPARTMENT, PLANNING S H 7777777 7777777 7777777 7777777 C 77777777777777 77777777 77777777 77777777 D S L I E W R AREA 2 P-1 C NORTH AREA 6 S AREA 7 S DUMFRIES T S AREA 2 EA D I S N ZONE CHANGE APPLICATION ZC16/004/N/BB R E F R-4 S G 405R E P-2 L R L C A T D O S T A O U F F E R W W R-4 O O E R AREA 2 D 405R S T G R D A AREA 1 I L D R R E E D P-2 S L KL SCHEDULE 210SCHEDULE 209 I AREA 2 E 200 E E T W S R S T CE R E R D E D C P-1 L E SCHEDULE 209SCHEDULE 208 SCHEDULE 210 B P-1 B 150 DN O R AE P-2 C A D HR SCHEDULE 205 SCHEDULE 206SCHEDULE 207 A S R W W J E E R E N 100 E I D T P N N I U METRES W D 50 W E 1:8,000 N AREA 3 0 B L A AREA 1 I P-1 R V A L L E Y SCALE S OCTOBER 18, 2016 T AREA 5 P-2 A-1 A-1 SCHEDULE 205SCHEDULE 206 S E R S C E R W C E I SCHEDULE 206SCHEDULE 207 R V EK AREA 2 E G E A R N C A T T E L ZONE LIMITS R C R MAP NO. 1 E E A-1 A K V I E AREA 4 CW P L S R D L E D I E R KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKKK KKKKKKKKKK A-1 ZONE GRID REFERENCE SCHEDULE NO. 205, 206, 207, 208, 209 AND 210OF APPENDIX 'A'KITCHENER ZONING BY-LAW 85-1A-1 AGRICULTURAL ZONEC-1 CONVENIENCE COMMERCIAL ZONEC-2 NEIGHBOURHOOD SHOPPING CENTRE ZONEI-2 COMMUNITY INSTITUTIONAL ZONEP-1 PUBLIC PARK ZONEP-2 OPEN SPACE ZONEP-3 HAZARD LAND ZONER-3 RESIDENTIAL THREE ZONER-4 RESIDENTIAL FOUR ZONER-6 RESIDENTIAL SIX ZONE P-2 ACTIVA HOLDINGS INC.PT OF LTS 3 & 4 BEASLEY'S NEW SURVEY R D L E D I E R 4 - 6 Appendix A Bylaw and Map 1 BY-LAW NUMBER November 4, 2016 OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law No. 85-1, as amended, known as the Zoning By-law for the City of Kitchener Activa Holdings Inc. (Stauffer Subdivision 30T-08203) WHEREAS it is deemed expedient to amend Zoning By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Schedule Numbers 205, 206, 207, 208, 209 and 210 of Appendix A to By-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 1 on Map No. 1, attached hereto, from Residential Four (R-4) with Special Regulation Provision 405R to Residential Four Zone (R-4) with Special Regulation Provisions 685R and 686R. 2. Schedule Numbers 205, 206, 207, 208, 209 and 210 of Appendix A to By-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 2 on Map No. 1, attached hereto, from Residential Six Zone (R-6)to Residential Six Zone (R-6) with Special Regulation Provisions 685R,687R and 689R. 3. Schedule Numbers 206 and 207 of Appendix A to By-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 3 on Map No. 1, attached hereto, from Community Institutional Zone (I-2) to Community Institutional Zone (I-2) with Special Regulation Provisions 685R,687R and 689R. 4. Schedule Number 207 of Appendix A to By-law 85-1is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 4 on Map No. 1, attached hereto, from Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 385U andSpecial Regulation Provision 490R to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 385U andSpecial Regulation Provisions 490R, 685R, 688R and 689R. 5. Schedule Numbers 206 and 207 of Appendix A to By-law 85-1 are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 5 on Map No. 1, attached hereto, from Convenience Commercial Zone (C-1) with Special Use Provision 386U and Special Regulation Provision 491R to Convenience Commercial Zone (C-1) with Special Use Provision 386U and Special Regulation Provisions 491R, 685R, 688R and 689R. 4 - 7 Appendix A Bylaw and Map 1 6. Schedule Numbers 208 and 209 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 6 on Map No. 1, attached hereto, from Open Space Zone (P-2) to Hazard Land Zone (P-3). 7. Schedule Numbers 208 and 209 of Appendix A to By-law 85-1are hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Area 7 on Map No. 1, attached hereto, from Public Park Zone (P-1) to Hazard Land Zone (P-3). 8. Schedule Numbers 205, 206, 207, 208, 209 and 210 of Append-law 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 9. -law 85-1 is hereby amended by adding Section 685 thereto as follows: 685. (i) Notwithstanding Section 5.6A.4 a) of this By-law, within the lands shown on Schedule Numbers 205, 206, 207, 208, 209 and 210 shall apply for permitted projections for dwellings: (a) Terraces, porches and decks may be located within a required side yard abutting a street provided the terrace, porch or deck is set back a minimum of 1.5 metres from the lot line abutting a street whether or not covered and provided they are not enclosed and do not exceed 1.2 metres in height above finished grade level. All railings that are attached to a terrace,porch or deck shall beconstructed in a manner and of materials that do not obstruct visibility of approaching traffic. (ii) Notwithstanding Section 5.24 of this By-law, within the lands shown on Schedule Numbers 205, 206,207, 208, 209 and 210 apply: (a) The minimum setback for any residential building or part thereof, located on a lot which is abutting an art Official Plan, shall be 12.0 metres from the street line, provided however that for multiple dwellings and street 4 - 8 Appendix A Bylaw and Map 1 townhouse dwellings containing a minimum of four dwelling units, or any residential building with primary access from such arterial road, the setback requirements of the applicable zone shall apply. Any buildings located less than 12.0 metres from an arterial road shall be developed in accordance with mitigation measures recommended in the approved Noise Study as part of the Plan of Subdivision approval for the lands, but such mitigation measures shall not include noise walls or berms. (iii) Notwithstanding Sections 5.3, 6.1.1.1 b) iv) and 6.1.1.1 c) iii) of this By-law, within lands shown on Schedule Numbers 205, special regulations shall apply: (a) on a corner lot abutting two streets the driveway shall not be located closer than 7.0 metres to the intersection of the street lines abutting the lot. (b) on a corner lot abutting the same street, the driveway shall not be located closer than 4.5 metres to the intersection of the street lines abutting the lot. 10. -law 85-1 is hereby amended by adding Section 686 thereto as follows: 686. Notwithstanding Section 38.2.1 of this By-law, within the lands zoned R-4 as shown on Schedule Numbers205, 206, 207, 208, 209 and 210 For Single Detached Dwelling a) Minimum Corner Lot Width -11.0 metres b) Minimum Side Yard - 0.6 metres on one side; 1.2 metres on the other and in no case shall a dwelling be located closer than 1.8 metres to a dwelling on the adjoining lot c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail or Blair Valley Street, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Maximum Building Height 12.5 metres f) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0metre from the side lot line abutting a street. 4 - 9 Appendix A Bylaw and Map 1 For Semi Detached Dwelling a) Minimum Corner Lot Width -17.5 metres for each dwelling; and 10 metres for each dwelling unit. b) Minimum Side Yard - 0.6 metres on one side; 1.2 metres on the other and in no case shall a dwelling be located closer than 1.8 metres to a dwelling on the adjoining lot c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail or Blair Valley Street, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Maximum Building Height 12.5 metres f) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. 11. -law 85-1 is hereby amended by adding Section 687 thereto as follows: 687. i) Notwithstanding Section 40.2 of this By-law, within the lands zoned R-6 as shown on Schedule Numbers 205, 206, 207, 208, 209 and 210 and zoned I-2 as shown on Schedule Nos. 206 and 207,the following special regulations shall apply: For Single Detached Dwelling a) Minimum Corner Lot Width -11.0 metres b) Minimum Side Yard - 0.6 metres on one side, and 1.2 metres on the other and in no case shall a dwelling be located closer than 1.8 metres to a dwelling on the adjoining lot c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail or Blair Valley Street, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Maximum Building Height 12.5 metres f) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. 4 - 10 Appendix A Bylaw and Map 1 For Semi Detached Dwelling a) Minimum Corner Lot Width -17.5 metres for each dwelling; and 10 metres for each dwelling unit. b) Minimum Side Yard - 0.6 metres on one side, and 1.2 metres on the other and in no case shall a dwelling be located closer than 1.8 metres to a dwelling on the adjoining lot c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail or Blair Valley Street, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Maximum Building Height 12.5 metres f) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Street Townhouse Dwelling a) Minimum Corner Lot Width - 9.5 metres b) Minimum Side Yard - 0.6 metres (end units) and in no case shall end units be located closer than 1.8 metres to the dwelling on the adjacent lot c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail or Blair Valley Street, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Maximum Lot Coverage - A total of 60%, of which the habitable portion of the dwelling shall not exceed 50% and the accessory buildings or structures, whether attached or detached, shall not exceed 15%. f) Maximum Number of Attached Units 8 units g) Maximum Building Height 12.5 metres h) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Back-to-Back Townhouse Dwelling a) Minimum Front Yard - 3.0 metres for yards fronting Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive or New Dundee Road, and 2.0 metres for yards fronting all other streets. No part of any building used to accommodate off-street parking shall be located closer than 6.0 4 - 11 Appendix A Bylaw and Map 1 metres from the front lot line b) Minimum Lot Area 78 square metres c) Minimum Lot Width 6.0 metre d) Minimum Corner Lot Width - 9.5 metres for each dwelling; and 12.5 metres for each dwelling unit e) Minimum Side Yard - 0.6 metres (end units) and in no case shall the end unit be located closer than 1.8 metres to the dwelling on the adjacent lot. f) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street,Reidel Drive or New Dundee Road, and 2.0 metres for yards flanking all other streets. g) Minimum Rear yard 0.0 metre h) Minimum Landscaped Area 6.5% i) Maximum Number of Attached Units 16 units j) Maximum Building Height 12.5 metres i) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Multiple Dwelling a) Minimum Front Yard - 3.0 metres for yards fronting Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive or New Dundee Road, and 2.0 metres for yards fronting all other streets.No part of any building used to accommodate off-street parking shall be located closer than 6.0 metres from the front lot line b) Minimum Side Yard - 1.2 metres c) Minimum Side Yard Abutting a Street 3.0 metres for yards flanking Blair Creek Drive, Thomas Slee Drive, Stauffer Woods Trail, Blair Valley Street, Reidel Drive or New Dundee Road, and 2.0 metres for yards flanking all other streets. d) Minimum Rear yard 7.0 metres e) Minimum Landscaped Area 15% f) Maximum Floor Space Ratio 0.75 g) Maximum Building Height 12.5 metres h) 0.5 metre encroachment may be permitted for a porch and/or balcony provided the minimum setback to the encroachment is 1.5 metres from the front and/or side lot line abutting a street i) 1.0 metre encroachment may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the front lot line and/or side lot line abutting a street. ii) Outdoor Amenity Area means an area in a rear yard used for landscaping and/or an area on a front, rear, side or roof 4 - 12 Appendix A Bylaw and Map 1 top balcony or deck which has direct access from the interior of the dwelling unit but 12. -law 85-1 is hereby amended by adding Section 688 thereto as follows: 688. i) Notwithstanding Section 8.2 of this By-law, within the lands zoned C-1as shown on Schedule Numbers 206 and 207 of and zoned C-2 as shown on Schedule Number the following special regulations shall apply: For Street Townhouse Dwelling a) Minimum Corner Lot Width - 9.5 metres b) Minimum Side Yard - 0.6 metres (end units) and in no case shall an end unit be located closer than 1.8 metres to the dwelling on the adjacent lot. c) Minimum Side Yard Abutting a Street 3.0 metres d) Minimum Rear yard 7.0 metres e) Maximum Lot Coverage - A total of 60%, of which the habitable portion of the dwelling shall not exceed 50% and the accessory buildings or structures, whether attached or detached, shall not exceed 15%. f) Maximum Number of Attached Units 8 units g) Maximum Building Height 12.5 metres h) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Back-to-Back Townhouse Dwelling a) Minimum Front Yard 3.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres from the front lot line b) Minimum Lot Area 78 square metres c) Minimum Lot Width 6.0 metre d) Minimum Corner Lot Width - 9.5 metres for each dwelling; and 12.5 metres for each dwelling unit e) Minimum Side Yard - 0.6 metres (end units) and in no case shall an end unit be located closer than 1.8 metres to a dwelling on the adjacent lot. f) Minimum Side Yard Abutting a Street 3.0 metres g) Minimum Rear yard 0.0 metre h) Minimum Landscaped Area 6.5% i) Maximum Number of Attached Units 16 units j) Maximum Building Height 12.5 metres 4 - 13 Appendix A Bylaw and Map 1 i) encroachments may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the side lot line abutting a street. For Multiple Dwelling a) Minimum Front Yard - 3.0 metres, except no part of any building used to accommodate off-street parking shall be located closer than 6.0 metres from the front lot line b) Minimum Side Yard - 1.2 metres c) Minimum Side Yard Abutting a Street 3.0 metres d) Minimum Rear yard 7.0 metres e) Minimum Landscaped Area 15% f) 0.5 metre encroachment may be permitted for a porch and/or balcony provided the minimum setback to the encroachment is 1.5 metres from the front and/or side lot line abutting a street g) 1.0 metre encroachment may be permitted for stairs and access ramps, provided the minimum setback to the encroachment is 1.0 metre from the front lot line and/or side lot line abutting a street. ii) In addition to the definitions in Section 4, for the purposes of this Section, Landscaped Area shall mean an area in a rear yard used for landscaping and/or an area on a front, rear, side or roof top balcony or deck which has direct access from the interior of the dwelling unit but which does not serve as a primary access into the dwelling uni 13. -law 85-1 is hereby amended by adding Section 689 thereto as follows: 689. Notwithstanding Section 5.21A of this By-law, within the lands shown on Schedule Numbers 205, 206,207, 208, 209 and210 of Appendix special regulations shall apply with respect to back-to-back multiple dwellings: More than one single detached, semi-detached, duplex, street townhouse or back-to-back townhousedwelling shall be permitted on a lot provided that each dwelling has direct access to an internal private driveway or road that is a common element in a registered Condominium connecting to a public street or direct access to a public street Plan of Condominium. For purposes of this regulation, the front lot line for each Unit in a Plan of Condominium shall be deemed to be that lot line abutting the internal driveway portion of the common element or a public street, and the dwelling on such a Unit shall comply with all applicable zoning regulations, including but not limited to setbacks, 4 - 14 Appendix A Bylaw and Map 1 lot area, lot width and parking.For the purposes of back-to-back townhouses the special regulations of Section 687 PASSED at the Council Chambers in the City of Kitchener this day of , 2016. Mayor Clerk 4 - 15 Report No. CSD-16-071 Appendix "B" 4 - 16 4 - 17 4 - 18 4 - 19 4 - 20 4 - 21 4 - 22 4 - 23 24- 4 4 - 24 4 - 25 4 - 26 4 - 27 4 - 28 4 - 29 4 - 30 4 - 31 4 - 32 4 - 33 4 - 34 Report No. CSD-16-071 Appendix "C" 4 - 35 4 - 36 4 - 37 4 - 38 4 - 39 4 - 40 4 - 41 4 - 42 4 - 43 4 - 44 4 - 45 4 - 46 4 - 47 4 - 48 4 - 49 Appendix D CSD-16-071 PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT New Dundee Rd/DodgeDr/South Creek Dr/Reidel Dr In 2009, Stauffer Woods Draft Plan of Subdivision, 30T-08203 was approved and zoned. The owner is proposing changes to the zoning regulations for residential development within the plan. The purpose of the zone change is to amend regulations for residential dwellings to reduce side and rear yard setbacks, reduce driveway setbacks from intersections, permit yard encroachments for porches etc., increase building height, add special regulations for back to back townhouses and exceptions to permit access of plan of condominium units onto a public road. The zone change will not change the approved land uses, introduce new land uses or change the layout of the subdivision. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: th MONDAY, December 5 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, either of/any of the above noted proposal(s). 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/these proposal(s), the Ontario Municipal Board may dismiss all or part of a subsequent appeal. ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the meeting agenda (available at www.kitchener.ca on the Wednesday evening prior to the meeting - click on the meeting date th in the Calendar of Events), 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). Brian Bateman - 519-741-2200 ext. 7869 (TTY: 1-866-969-9994), brian.bateman@kitchener.ca 4 - 50