HomeMy WebLinkAboutPSI Agenda - 2018-12-10
Planning & Strategic Initiatives Committee
Agenda
Monday, December 10, 2018
Office of the City Clerk
7:00 p.m. 8:00 p.m.
Kitchener City Hall
nd
200 King St. W. - 2 Floor
Council Chamber
Kitchener ON N2G 4G7
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Chair - Councillor S. Marsh Vice-Chair - Councillor D. Chapman
Consent Items
The following matters are considered not to require debate and should be approved by one motion in
accordance with the recommendation contained in each staff report. A majority vote is required to discuss any
report listed as under this section.
None.
Delegations
-law, delegations are permitted to address the Committee for a maximum
of 5 minutes.
None at this time.
Public Hearing Matters under the Planning Act (7:00 p.m. advertised start time)
This is a formal public meeting to consider applications under the Planning Act. If a person or public body that
would otherwise have an ability to appeal a decision of the City of Kitchener to the Local Planning Appeal
Tribunal, but the person or public body does not make oral submissions at the public meeting or make written
submissions to the City of Kitchener before the by-law is passed, the person or public body is not entitled to
appeal the decision.
Discussion Items
1. DSD-18-126 - Zoning By-law Amendment ZC18/002/H/CD (20 min)
- 307 Highland Road West, Alireza Torabi
(Staff will provide a 5 minute presentation on this matter)
2. DSD-18-165 - Zoning By-law Amendment - ZC16/001/W/ATP (20 min)
- 42 Windom Road, Emil & Emilia Lacko
(Staff will provide a 5 minute presentation on this matter)
3. DSD-18-166 - Zoning By-law Amendment - ZC18/010/COK/JVW (10 min)
- Annual Update to Zoning By-law 85-1, City-initiated
Information Items
Unfinished Business List
Jaclyn Rodrigues
Committee Administrator
** Accessible formats and communication supports are available upon request. If you require assistance to
take part in a city meeting or event, please call 519-741-2345 or TTY 1-866-969-9994 **
REPORT TO:Planning and Strategic Initiatives Committee
DATE OF MEETING: December 10, 2018
SUBMITTED BY:Alain Pinard,Director of Planning,519-741-2200 ext. 7319
PREPARED BY:Craig Dumart,Junior Planner,519-741-2200 ext. 7073
WARDINVOLVED:Ward 9
DATE OF REPORT:October 30, 2018
REPORT NO.: DSD-18-126
SUBJECT:ZONING BY-LAW AMENDMENT APPLICATION
ZC18/002/H/CD
307 Highland Road West
Alireza Torabi
_________________________________________________________________________
Location Map: 307 Highland Road west
RECOMMENDATION:
A.That Zoning By-law Amendmentapplication ZC18/002/H/CDfor Alireza Torab
requesting a change from Residential Five Zone (R-5) to Residential Five Zone (R-5)
with Special Use Provision 471U on the parcel of land specified and illustrated on
Map No. 1, be approved in the form shown in the “Proposed By-law” dated November
2, 2018,attached to Report DSD-18-126 as Appendix A; And
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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B. That in accordance with Planning Act Regulation 45 (1.3 & 1.4) that applications for
minor variances shall be permitted for lands subject to Zoning By-law Amendment
Application ZC18/002/H/CD.
REPORT:
Summary of Proposal
The subject lands are located at 307 Highland Road West between the intersections of
Lawrence Avenue and Highland Road West and Roxborough Avenue and Highland Road West.
The surrounding neighbourhood consistsof single detached dwellingslocated behind the
subject lands on Marlborough Avenue, a large commercial shopping centre located directly
across the street, and a mix of personal service businesses and single detached dwellings with
small home businesses converted from single detacheddwellings on Highland Road West. 307
Highland Road West is currentlydeveloped with aone storeysingle detached dwelling. The
owner is proposing to rezone the lands from Residential Five Zone (R-5) to Residential Five
Zone (R-5) with Special Use Provision 471U to allow Personal Services, Health Office, and
Health Clinic as permitted uses. The proposed zoning will allow the existing single detached
dwelling to be converted into a beauty salon (personal service) onthe entire firstfloor of the
existing building anda residential unit located in the basement.
Policy Conformity
Provincial Policy Statement
The Provincial Policy Statement (PPS) provides the policy foundation for regulating the
development and use of land in the Province. The PPS promotes healthy, liveable and safe
communities by accommodating an appropriate range and mix of residential, employment
(including commercial uses), recreational and open spaces uses to meet long-term need of its
residents. Specifically, the followingpolicies provide directionto support the Zoning By-law
Amendment.
Policy 1.1.1: Healthy, livable and safe communities are sustained by:
a) promoting efficient development and land use patterns which sustain the financial well-being
of the Province and municipalities over the long term;
b) accommodating an appropriate range and mix of residential (including second units,
affordable housing and housing for older persons), employment (including industrial and
commercial), institutional (including places of worship, cemeteries and long-term care homes),
recreation, park and open space, and other uses to meet long term needs;
Policy 1.7.1: “Long-term economic prosperity should be supported by:
a) promoting opportunities for economic development and community investment readiness;”
Planning staff is of the opinion that the existing use and the use requested by the Zoning By-law
Amendmentareconsistent with the Provincial Policy Statement.
2017 Growth Plan for the Greater Golden Horseshoe
The subject lands are within the ‘built boundary’ as defined by the 2006 Growth Plan for the
Greater Golden Horseshoe. The Growth Plan promotes economic development and
competitiveness by providing for an appropriate mix of employment uses including industrial,
commercial and institutional uses to meet long-term needs of the community. Planning staff is of
the opinion that the existing use and proposed use conforms tothe Growth Plan.
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Regional Official Plan
The subject lands are designated as ‘Built UpArea’ in the Regional Official Plan(ROP). The
Region of Waterloo advises that they do not have concerns with the proposed Zoning By-law
Amendment.The existing use and the proposed use conforms to the ROP.
City of Kitchener Official Plan
Urban Structure
The subject lands are located within an ‘Urban Corridor’, the planned function of which is to
provide for a range of commercial uses and intensification opportunities that are transit-
supportive (policy 3.C.2.38 – in effect). These areas are to be destinations for the surrounding
neighbourhoods, have strong pedestrian linkages and be integrated with neighbourhood
residential uses.
Official Plan
The subject property is designated ‘Mixed Use’ on the land use map in the 2014 Official Plan.
However,the Mixed Use land use policiesassociated with the designation are under appeal.
Therefore, the previous1994 Official Plan designation of the subjectlands, Low Rise
Residential, willapply. The predominant land use in the Low Rise Residential District is
residential, but it is intended to accommodate, encourage and mix non-residential uses in
residential areas at a scale and in locations appropriate to an area of low rise housing.
The Low Rise Residential designationpermits small scale commercial uses suchas
convenience commercial, artisans’ establishments, day care facilities, health offices, health
clinics, educational establishments (excluding secondary schools), religious institutions, small
and large residential care facilities, restaurants in plazas,social service establishments, studios,
veterinary services, service stations and car washes may be permitted where they are
considered to be compatible with Low Rise Residential development and subject to any specific
locational criteria.
The existing use and the proposed Zoning By-law Amendmentwillcomply with the Official Plan.
Planning Analysis
The subject property is designated Low Rise Residential in the 1994 Official Plan.The applicant
is proposing to rezone the subject lands from Residential Five Zone (R-5) to Residential Five
(R-5) with Special Use Provision 471U to allow Personal Services, Health Office, and Health
Clinicas permitted uses.The proposed zoning will allow the existing single detached dwelling to
be converted into a beauty salon (personal service) and occupy the entire first floor of the
existing building with a residential unit located in the basement. The proposed zoning will allow
for an appropriate mix of commercial and residential uses along a Highland Road West (a
Primary Arterial Road)which is transitioning into a mixed use corridor. The proposed use is at a
scale that is compatible with the existing neighbourhood. Furthermore, the proposed zoning will
allow the property to align with its 1994 Official Plan designationand 2014 Official Plan
designation which is adopted and under appeal.
In considering the foregoing, Staff is supportive of the proposed Zoning By-law amendment.
Rezoning the subject lands will reflect the general character of the neighbourhood and provides
a transitional use for the residential uses located behind the subject property.
The proposed Zoning By-law Amendment is consistent with the Provincial Policy Statement,
Growth Plan for the Greater Golden Horseshoe, and the Regional Official Plan. The proposed
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application conforms to the policies of the City’s Official plan.Staff is of the opinion that the
proposed Zoning Bylaw Amendment represents good planning.
In considering the foregoing, Staff is recommendingthe approval of the Zoning By-law
Amendmentapplication.See Appendix “A”.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the city’s strategic vision
through the delivery of core service.
AGENCY COMMENTS:
Commenting agencies and City departments have noconcerns with the proposed Zoning By-
law amendment.
COMMUNITY ENGAGEMENT:
INFORM and CONSULT – The Application was circulated to City departments, commenting
agencies and property owners within 120 metres of the subject landson May 17, 2018as per
Planning Act requirements. A copy of all department/agency comments are attached as
Appendix ‘C’ to this report. Notice signs were placed on the subject landsadvising of the Zoning
By-law Amendmentapplication.This report will be posted to the City’s website with the agenda
in advance of the committee meeting.
Written responses from property owners and interested parties are attached as Appendix “D”
Planning staff responded accordingly to all parties that provided comments.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of the December 10, 2018public meeting of the Planning & Strategic Initiatives
Committee will be advertised in The Record onNovember 16, 2018. The newspaper notice is
attached as Appendix “B”. This newspaper notice as well as the statutory circulation described
under the Community Engagement section of this report, fall under the “Inform” and “Consult”
themes of the Community Engagement Strategy. The notice will also be posted on the City of
Kitchener website at www.kitchener.ca.
CONCLUSION:
Planning staff is of the opinion that the proposed Zoning By-law amendmentdemonstrates good
planning principles, and is consistent with the Official Plan designation on the subject lands and
is appropriate for the surrounding neighbourhood.Staff therefore recommends approval of the
Zoning By-law amendmentas outlined in the Recommendation section of this report.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
Attachments
Appendix A - Proposed Zoning By-law
Appendix B - Newspaper Notice
Appendix C - Department/Agency Comments
Appendix D – Adjacent Landowner Comment
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DSD-18-126 - Appendix A
PROPOSED BY – LAW
November 2, 2018
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
-Alireza Torabi - 307 Highland Road West)
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 Number 71of Appendix “A” to By-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. 1, attached hereto, from Residential FiveZone (R-5) to
Residential FiveZone (R-5) with Special Use Provision 471U.
2.Schedule No. 71 of Appendix “A” to By-law Number 85-1 is hereby further
amended by incorporating additional zone boundariesas shown on Map No. 1
attached hereto.
3.Appendix “C” to By-law 85-1 is hereby amended by adding Section 471U thereto
as follows:
“471.Notwithstanding Section 39.1 of this By-law, within the landszoned
R-5on Schedule 71of Appendix “A”, Personal Services, Health
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DSD-18-126 - Appendix A
Office, and Health Clinic shall be permitted in accordance with
Section 39.2.4.”
PASSED at the Council Chambers in the City of Kitchener this day of
, 2018.
_____________________________
Mayor
_____________________________
Clerk
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DSD-18-126 - Appendix A
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DSD-18-126 - Appendix B
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER THE SECTION 34 OF THE PLANNING ACT
307 Highland Road West
The owner isproposing a Zoning By-law amendment to rezone the lands from Residential Five Zone (R-5) to Residential
Five Zone (R-5)with Special Use Provision 471U.The proposed zoningwill permit additional uses including personal
service, health office and health clinic.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
MONDAY, DECEMBER 10, 2018at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 above noted proposal. If a person or public body would otherwise have an ability to appeal the decision of the
City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
thisproposal,the person or publicbody is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the report contained in the
- click on the date in the Calendar of Events and
meeting agenda (posted 10 days before the meeting at www.kitchener.ca
th
select the appropriate committee), or in person at the Planning Division, 6Floor, City Hall, 200 King Street West, Kitchener
between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Craig Dumart,JuniorPlanner - 519-741-2200 x 7073 (TTY: 1-866-969-9994);craig.dumart@kitchener.ca
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix C
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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DSD-18-126 - Appendix D
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REPORT TO:Planning & Strategic Initiatives Committee
DATE OF MEETING: December 10, 2018
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Andrew Pinnell, Planner, 519-741-2200 ext. 7668
WARD(S) INVOLVED:Ward 2
DATE OF REPORT:November 19, 2018
REPORT NO.:DSD-18-165
SUBJECT:ZONING BY-LAW AMENDMENT APPLICATION ZC16/001/W/ATP
42 WINDOM ROAD
EMIL AND EMILIA LACKO
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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RECOMMENDATION:
A.That Zoning By-law Amendment Application ZC16/001/W/ATPfor Emil Lacko
and Emilia Lacko be approvedin the form shown in the “Proposed By-law”
and “Map No. 1” attached to Report DSD-18-165 as Appendix A; AND
B.Thatin accordance with Planning Act Section 45 (1.3 & 1.4) that applications
for minor variances shall be permitted for lands subject to Zoning By-law
Amendment Application ZC16/001/W/ATP.
REPORT:
Background and SiteContext:
The subject property is located in the Centreville Chicopee Planning Community, near the
intersection of Fairway Road North and River Road East. The surrounding
neighbourhoodon Windom Roadwas constructed between the late 1940s and early
1970s, and contains a wide range of low densityresidential land uses,including single
and semi detached dwellings, townhouses, and low-rise apartments.
Howard Robertson PublicSchool is located less than 50 metres from the subject property,
to the southwest. The property immediately to the southwest (left side) contains a 12-unit
townhouse complexconstructed in approximately 1965.The propertyimmediatelyto the
northeast (right side) contains a single detached dwellingconstructed in approximately
1960. The property immediately to the northwest (rear)contains two 3 ½ storey
apartment buildings, comprising dozens of dwelling units.
The majority of the surrounding neighbourhood, including the subject property, is
designated Low Rise Residential in the 2014 Official Plan.
The subject property is approximately 25.9 metres wide (85 feet), 71.6 metres deep (235
feet), and 0.18 hectares in area (0.45 acres), and contains numerous trees.The subject
property contains a1 ½ storey residential building that was originally constructed in
approximately 1955 as a single detached dwelling. However, at some pointin time the
dwelling wasconverted to a multiple dwellingwithout zoning approval. The current
owners advise that they purchased the property in 1990 as a 5-unit multiple dwelling.
Requested Zoning By-law Amendment
The subjectproperty is currentlyzoned Residential Four (R-4) in the City’s Zoning By-
law.This zoning classification permits the following uses:
Coach House Dwelling Unit
Duplex Dwelling
Home Business
Private Home Day Care
Residential Care Facility
Semi-Detached Duplex Dwelling legally existing prior to July 31, 2014
Semi-Detached Dwelling
Single Detached Dwelling
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The current zoning does not permit the existing use of the property as a 5-unit multiple
dwelling. To remedy this situation, the owners are requesting approval of a Zoning By-
law Amendment(ZBA)to changethe zoning of the property from R-4 Zone to Residential
Six Zone (R-6). The R-6 Zone permits all of the R-4 uses, as well as:
Hospice
Lodging House
Multiple Dwelling
Semi-Detached Duplex Dwelling (new)
Street Townhouse Dwelling
In order to ensure that the proposed zoning is consistent with the proposed use, and not
allowuses that were not considered through the review of this application, the owner has
agreed to special zoning provisions. In this regard, a Special Use Provision is requested
to prohibit the above noted additional R-6 uses, except for multiple dwelling.In addition,
a Special Regulation Provision isproposedto limit multiple dwelling Use to 5 Dwelling
Units.
In summary, the subject application would amend the zoning ofthe property from R-4 to
R-6 with special zoning provisions to permit / legalize the existing 5-unit multiple dwelling.
Policy Conformity
Provincial Policy Statement, 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets out principles to
achieve “healthy, liveable and safe communities”. The PPS supports efficient
development patterns which optimize the use of land, resources, and public investment
in infrastructure and public service facilities.
The PPS states that healthy, liveable and safe communities are sustained by a number
of factors such as accommodating anappropriate range and mix of land uses to meet
long-term needs.
The PPS includes policies to ensure that land use patterns within settlement areas are
based on, for example,densities and a mix of land uses which efficiently use land and
resources, and are appropriate for, and efficiently use, the infrastructure and public
service facilities which are planned or available.
The PPS also states that land use patterns within settlement areas shall be based on a
range of uses and opportunities for intensification and redevelopment. Intensification
means the development of a property at a higher density than currently exists through,
for example, the expansion or conversion of existing buildings.
In this case, theZBA would permit theconversion of the existing single detached dwelling
into a 5-unit multiple dwellingwhich represents intensification.This would help to diversify
housing since there are not many multiple dwellings within converted buildings in this
neighbourhood. Additionally, no additional infrastructure is necessary to support the use.
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While the existing zoning is consistent with the PPS, the requested ZBA ismore
consistent with the PPS.
Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement ofcompletecommunitiesthat are designed to support healthy and active
living and meet people's needs for daily livingthroughout an entire lifetime. The Growth
Plan seeks to support the achievement of complete communities.
The proposed ZBA wouldfacilitateintensification within the Delineated Built-up Area. In
addition, the ZBA would assistin achievinga complete community byhelping to diversify
therange and mix of housing options, which assists inaccommodatingpeople at all
stages of life, and accommodatingthe needs of all household sizes and incomes.The
ZBA further assists in increasing the density of the existing housing stock.
While the existing zoning conforms to the Growth Plan, the requested ZBAconforms to
the Growth Plan better than the current zoning.
Regional Official Plan (ROP)
The RegionalOfficial Plan designates the subject property Built-up Area.The property is
also located in the ‘Surface Water Intake Protection Zone 2’ in the Regional Official Plan.
Regional Planning staff hasno objections to the ZBA (see Region comments, included
with the department and agency comments, as Appendix C).
While the existing zoning conforms to theROP, the requested ZBA also conforms to the
Regional Official Plan.
City of KitchenerOfficial Plan, 2014
The subject lands are designatedLow Rise Residential in the City’s 2014 Official Plan.
This designation is intended to “accommodate a full range of low density housing types
including single detached dwellings, duplex dwellings, semi-detached dwellings, street
townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple
dwellings and special needs housing.” The LRR policies state that that “the City will
encourage and support the mixing and integrating of innovative and different forms of
housing to achieve and maintain a low-rise built form.” Additionally, a maximumFloor
Space Ratio of 0.6 will apply to all development and no building may exceed 3 storeys in
height.
The building in which the 5-unit multiple dwelling use is proposed has a Floor Space Ratio
ofapproximately 0.25, and a height of 2.5 storeys. The useof the property as a low-rise
multiple dwelling is consistent with the Low Rise Residential policies.
The currentzoning conformsto the 2014 Official Plan and the requested ZBA also
conforms to the 2014 Official Plan.
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Department and Agency Comments:
Preliminary circulation of the ZBAwas undertaken on January 20, 2016 to applicable City
departments and agencies.The following departments and agencies do not have any
concerns with the requested ZBA (note that some site designmatters will be resolved
through the subsequent Site Plan Approval process):Urban Design (Planning),
Environmental Planning(Planning), Transportation Services, Building Division, Regional
Municipality of Waterloo, Waterloo Region District School Board (see Appendix C).
Community Comments:
Preliminary circulation of the ZBA was undertaken on January 20, 2016 to all property
owners within 120 metres ofthe subject lands. In total, 4 written responses were received
(see Appendix D).Two of the respondents indicated that they have no concernswith the
proposal, and the other two did indicate concerns. The summarized concerns, along with
a staff response, are noted below:
1.Community Comment:Concern that the subject dwelling will be torn down and
replaced with low-cost housing constructed (1 comment).
Staff Response:The requested ZBA would not regulate the cost of construction,
rental or purchase prices, or housingtenure. The application simply requests to
permitthe use of the property as a 5-unit multiple dwelling. City staff is not aware
of any plans to redevelop the property. Notwithstanding, the amendment would
not prohibit demolition of the existing dwelling and redevelopment with a new
multiple dwelling.If this occurred in the future, special zoning regulations would
ensure that no more than 5totaldwelling units are permitted on the property.
2.Community Comment: Concern that there may not be sufficient sewage capacity
in this area (1 comment)
Staff Response:Engineering Services Division has commented that sanitary
infrastructure upgrades in this area will be completed by the end of this year, which
willallowincreased sanitary capacity. In the meantime, the subject application
merely seeks to legalize existing development, not construct additional
development, so no additional flows would result.Engineering Servicesstaff has
expressed that they have no concerns with the proposal.
3.Community Comment:Concern that if the zoning of the subject property is
amended that more properties on the street will do the same (1 comment)
Staff Response:Citizens have the right to submit ZBAsto the City for
consideration. The City reviews such applications on a case-by-case basis. At
this time, Planning staff confirms there are no other ZBAs in the surrounding area.
However, Planning staff cannot comment on whether other landowners in the area
will submit such applications in the future.
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4.Community Comment:Request that the City deny the ZBA and fine the owners
for proceeding with extra units without permission(community comment)
Staff Response:Planning staff understands that the owners bought the subject
propertywith the presently established 5-unit multiple dwelling,28years ago.Staff
further understands that the owners were not aware that the established use was
non-conforming at the time of purchase. The owners are now seeking tolegalize
the long-standingnon-conforming use. Planning staff is pleased that the owners
are undertaking the correct procedure to remedy this issue and is recommending
Council approve the ZBA.
5.Community Comment:There are no sidewalks on Windom Road; it is unsafe for
pedestriansand playing children (1 comment)
Staff Response:Planning staff does not expect the ZBAto generate additional
pedestrian activity on Windom Roadsince it simply legalizes the existing use.
Transportation Services advisesthat there are no immediate plans to infill
sidewalks in this location.
6.Community Comment:Concern that the subject property and adjacent property
(which fronts onto Fairway Road) could be merged into one property(1 comment)
Staff Response:There are no City by-laws that would restrict these two properties
from merging into one. However, Special zoning regulations are proposed to
ensure that no more than 5 total dwelling units are permitted on the lands subject
to theZBA. Consequently, no increased unit density benefit would be obtained by
merging the properties.
7.Community Comment:The ZBA will contribute to traffic congestion in an already
congested neighbourhood, for example, parking and traffic generated by(2
comments):
o Howard Robertson Public School, located at end of Windom Road
(especiallyatpick up and drop-off times)
o Waterloo Regional Homesand condominiumtownhouses, located near the
end of Windom Road
o Condominium townhouses on Thaler Avenue
o Fairway Road (traffic and high speeds on Fairway Road make it difficult to
turninto this neighbourhood)
Staff Response:The requested ZBA would not result in an increase in traffic
because it merely seeks to legalize the existing number of dwelling units. As a
result of the ZBA, traffic conditions would remain the same.
8.Community Comment:The subject property, along with several others in the
neighbourhood, is not well kept (e.g., trees not maintained, lots of clutter around
structure)(1 comment)
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Staff Response:City By-law Enforcement Divisionstaffhas advised that, apart
from the subject issue of the non-conforming use, there have been no complaints
whatsoever from the neighbourhood regarding the subject property. In addition,
there have been few complaints related to Windom Road, in general.On inspection
of the subject property in October 2018, Planning staff noted that the subject
property appearedfrom the street to be well maintained.
Planning Analysis:
The requested ZBA represents the owners’ efforts to go through proper channels to
legalize the existing use of the property. The ZBAwould facilitate appropriate
intensification through theconversion of an existing single detached dwelling into a 5-unit
multiple dwelling. The neighbourhood is adequately suited to accommodate the proposed
level of intensification.
The ZBA would facilitate the diversification ofhousingin this neighbourhood by providing
a unique multiple residential housing choicewithin existing housing stock.The building
containing the proposed use is characteristic of and compatible with the height and scale
of surrounding the neighbourhood.
The ZBA includes special zoning regulations to ensure that no more than 5 multiple
dwelling units are permitted on the property and that no additional R-6 uses are permitted.
The requested amendment conforms to City, Regional, and Provincial policies.
Accordingly, Planning staff is satisfied that the proposed ZBA represents good planning
and is in the public interest of the city as a whole.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendations of this report support the achievement of the City’s strategic vision
through the delivery of core service.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with these
recommendations.
COMMUNITY ENGAGEMENT:
INFORM – The ZBA was circulated for comment to internal departments, external
agencies, and all property owners within 120 metres of the subject lands on January 20,
2016. Written responses from property owners and interested parties are attached as
Appendix D and are addressed in this report. This report has been posted to the City’s
website with the agenda in advance of the Planning and Strategic Initiatives Committee
meeting. A standard notice sign isposted on the property.
CONSULT – All property owners within 120 metres of the subject lands, including the four
respondents, will be mailed notice of the Planning and Strategic Initiatives Committee
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meeting, and notice of the Committee meeting will appear in The Record on November
16, 2018. A copy of the Notice is attached as Appendix B.
CONCLUSION:
Planning staff is of theopinion that the requested ZBA represents good planning and is
in the public interest. Accordingly, staff recommends that the application be approved.
REVIEWED BY:Della Ross, Manager, Development Review
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
ATTACHMENTS:
Appendix A – Proposed Zoning By-law including Map No. 1
Appendix B – Newspaper Notice
Appendix C – Department and Agency Comments
Appendix D – Community Comments
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DSD-18-165 - Appendix A
DSD-18-165
Appendix A
PROPOSED BY – LAW
October 31, 2018
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
– Emil Lacko and Emilia Lacko.
– 42 Windom Road)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified
above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener
enacts as follows:
1.Schedule Number 239of Appendix “A” to By-law Number 85-1 is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, fromResidential
Four Zone (R-4) to Residential Six Zone (R-6)with Special Use Provision 470U
andSpecial Regulation Provision 744R.
2.Schedule Number239 of Appendix “A” to By-law Number 85-1 ishereby further
amended by incorporating additional zone boundaries as shown on Map No.1
attached hereto.
3.Appendix “C” to By-law 85-1 is hereby amended by adding Section470Uthereto
as follows:
“470. Notwithstanding Section 40.1of this By-law, within the lands zoned R-6as
shown as affected by this subsection on Schedule Number239 of Appendix
“A”, the following uses shall not be permitted:
a)Hospice
b)Lodging House
c) Semi-Detached Duplex Dwelling
d)Street Townhouse Dwelling.”
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DSD-18-165 - Appendix A
4.Appendix “D” to By-law 85-1 is hereby amended by adding Section744Rthereto
as follows:
“744. Notwithstanding Section 40.2.6 of this By-law, the maximum number of
dwelling units in a multiple dwelling shall be five.”
PASSED at the Council Chambers in the City of Kitchener this ______day of
___________, 2018
_____________________________
Mayor
_____________________________
Clerk
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DSD-18-165 - Appendix A
932 ELUDEHCS
022 ELUDEHCS
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DSD-18-165 - Appendix B
Advertised in The Record on November 16, 2018
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED AMENDMENT TO THE KITCHENER ZONING BY-LAW
UNDER SECTION34OF THE PLANNING ACT
42 Windom Road
The City of Kitchener has received an applicationfor a Zoning By-law Amendment tolegalize the existing use of the
property as a 5-unit Multiple Dwelling. The amendment would change the zoning from Residential Four (R-4) to
Residential Six (R-6) with special provisions which will limit the number of units in a multiple dwelling to 5.
Thepublic meeting will be held by the Planning & Strategic InitiativesCommittee, a Committee of Council which deals
with planning matters, on:
MONDAY, DECEMBER 10,2018at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, 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 above noted proposal. If a person or public body would otherwise have an ability to appeal the
decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not
make oral submissions at a public meeting or make written submissions to the City of Kitchener prior to
approval/refusal of this proposal, the person or public body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report contained in the
agenda(available approximately 10 days before the meeting - https://calendar.kitchener.ca/council - click on the date in the
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Floor, City Hall, 200 King Street West,
calendar, scroll down & select meeting), or in person at the Planning Division, 6
Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday).
Andrew Pinnell,Planner - 519-741-2200 ext. 7668(TTY: 1-866-969-9994); andrew.pinnell@kitchener.ca
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DSD-18-165 - Appendix C
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DSD-18-165 - Appendix C
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DSD-18-165 - Appendix C
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DSD-18-165 - Appendix C
2 - 16
DSD-18-165 - Appendix D
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DSD-18-165 - Appendix D
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DSD-18-165 - Appendix D
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REPORT TO:Planning & Strategic Initiatives Committee
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, 2018
DATE OF MEETING: December 10
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:JulianevonWesterholt,Senior Planner,519-741-2200 ext.7157
WARD(S) INVOLVED: All Wards
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DATE OF REPORT:October 30, 2018
REPORT NO.:DSD-18-166
SUBJECT:ZONING BYLAW AMENDMENTAPPLICATION ZC18/010/COK/JVW
CITY-INITIATED ANNUAL ZONING BY-LAW UPDATE
TO ZONING BY-LAW 85-1
RECOMMENDATION: That City-initiated amendment ZC18/010/COK/JVW(Annual Zoning By-
law Update) to Zoning By-law 85-1, be approvedin the form shown in the “Proposed By-law”
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dated October 30, 2018, attached to Report DSD-18-146.
REPORT:
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 December
2016. 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 minor/technical in natureand do not impact the
comprehensive by-law review underway (CRoZBy). Some of the changes are summarized below and
all changes are included in the “Proposed By-law” attached to this report.
1.Section 2.3 of the By-law is being modified to clarify that a Zoning (Occupancy) Certificate is
required for all uses contained within buildings with multiple uses.This was always a requirement,
however, through this amendment it will become more explicit and clear, as the need for an
Occupancy Certificate for each use contained within a building with multiple uses was frequently
being challenged.
2.Section 4.2 of the By-law is the definition Section, which is being modified to include threenew
terms which will be referred to in new proposed regulationsfor Section 14.3 of the zoning by-law
as outlined in items 13 and 14 of the proposed By-law.
3.Section 4.2 is further being modified to provide clarity in the definition of Dwelling Unit and what
constitutes a dwelling unit, thus making it easier to interpret and enforce the difference between
a single detached dwelling and a duplex dwelling.
4.Section 4.2 is further being modified to clarify that a Private Club or Lodge does not include a
Nightclub among the permitted uses.A Night Club has never been contemplated as a permitted
use under the broader category of ‘Private Club or Lodge’ and by listing it as a use that is not
included, it provides clarity and no ability to interpret that this could be an appropriate use under
the broader category.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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5.Section 4.2 is further being modified to revise the definition of “Step Back” to provide clarityand
makeinterpretations easier.
6.Section 5.3 is being modified to exempt fences from being referenced in this section, which
regulates the location of objectsin the Driveway Visibility Triangle within the Zoning By-law, as
fences are already regulated by the Fence By-law under Chapter 630 of the Municipal Code. This
will require that fence variances are only obtained under the Municipal Code and would eliminate
the need to also vary the Zoning By-law, thus providing a cost savingto the applicantand less
processfor the property owner.
7.Section 6.1.1.1b) ii) is being modified to provide additional clarity that a driveway for a single
detached or semi-detached home may be as wide as the garage. This Section is being relocated
from its existing section, so that it reads in proper order as it relates to other sections.
8.Section 6.1.1.1b) iv) is being modified to clarify that a proposed driveway widening has to meet
the minimum length requirements of 5.5 metresonly. This will ensure that cars parked in
driveways willnot overhang onto the public sidewalk.
9.Section 14.3 is being modified to make interpretations and implementation of setbacks along King
Street easier.
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 regulationsresulting in better customer service.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
The recommendation of this report supports the achievement of the City’s strategic vision through the
delivery of core service.
FINANCIAL IMPLICATIONS:
N/A
COMMUNITY ENGAGEMENT:
INFORM - Notice of the public meeting to be held by the Committee of Council dealing with Planning
& Strategic Initiatives matters on December 10th, 2018, will be in The Record on November 13, 2018.
As well, this report will be posted to the City’s website with the agenda in advance of the council /
committee meeting. Both of the noted actions ensure that the “Inform” theme of the Community
Engagement Strategy is met.
CONCLUSION:
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.
REVIEWED BY: Della Ross, Manager of Development Review, Development Services
ACKNOWLEDGED BY: Justin Readman - General Manager, Development Services
List of Attachments:
Appendix ‘A’ - Newspaper Notice,
Appendix ‘B’ – Proposed Zoning By-law
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Appendix ‘A’
ZC 18/010/COK/JVW
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
2018 Annual Zoning By-law Update
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 Planning & Strategic Initiatives Committee, a Committee of
Council which deals with planning matters, on:
MONDAY, DECEMBER 10, 2018 at 7:00 P.M.
nd
FLOOR, CITY HALL
COUNCIL CHAMBERS, 2
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 above noted proposal. If a person or public body would otherwise have an
ability to appeal the decision of the City of Kitchener to the Local Planning Appeal Tribunal, but the
person or public body does not make oral submissions at a public meeting or make written
submissions to the City of Kitchener prior to approval/refusal of thisproposal,the person or public
body is not entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below,viewing the staff report
contained in the agenda (available approximately 10 days before the meeting -
https://calendar.kitchener.ca/council - click on the date in the calendar, scroll down & select meeting), or in person
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at the Planning Division, 6Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m.
(Monday to Friday).
Juliane vonWesterholt,Senior Planner - 519-741-2200 ext. 7157(TTY: 1-866-969-9994)
juliane.vonwesterholt @kitchener.ca
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Appendix ‘B’
ZC 18/010/COK/JVW
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October 30, 2018
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 Annual
Zoning By-law Update)
WHEREAS it is deemed expedient to amendZoning By-law85-1;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts
as follows:
1)Section 2.3of By-law 85-1, is hereby amended by adding the following sentenceafter the phrase “proposed
use is not contrary to this By-law.” :
“A Zoning (Occupancy) Certificate shall be required for each use contained within a building containing
multiple uses.”
2)Section 4.2 of By-law 85-1, is hereby amended by adding the following new definitionin proper alphabetical
order:
‘”Base” means the ground floor and immediate floors above the ground floor of a building that form the
bottom section or podium of a mid-rise buildingor tall building.’”
3)Section 4.2 of By-law 85-1, the definition of “Dwelling Unit”,(Section iii)is hereby amended by adding the
following phrase after the word ‘bathroom’ :
“used or designed to be used”.
4)Section 4.2 of By-law 85-1,is hereby amended byadding the following new definitionin proper alphabetical
order:
‘“Mid-rise Building” means a building between 4 and 8 storeys.’
5)Section 4.2 of By-law 85-1, is hereby amended by addition the following new definition in proper
alphabetical order:
‘”Nighclub” means the use of a building with a dance floor and pre-recorded or live music for
entertainment, and may include a restaurant.’
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6)Section 4.2 of By-law 85-1, the definition of “Private Club or Lodge”, is hereby amended by adding the
following sentence after the words ‘equal basis’:
“A private club shall not include a nightclub”.
7)Section 4.2 of By-law 85-1, is hereby amended by deleting the definition of “stepback” and replacing it with
the following newdefinitionin proper alphabetical order:
the horizontal distance that the portion of the building above the baseis recessed
‘“Stepback”means
from the façade of the base.’
8)Section 4.2 of By-law 85-1 is hereby amended by adding the following new definitionin proper alphabetical
order:
‘“Tall Building”means a building of 9 or more storeys.’
9)Section 5.3 of By-law 85-1 is hereby amended byadding the following sentenceafter the words“less in
height from grade”:
“This regulation does not apply tothe location offences constructed in accordance with and regulated
by Chapter 630 (Fences) of The Cityof KitchenerMunicipal Code.”
10)Section 6.1.1.1b) ii) c)of By-law 85-1 is hereby deleted.
11)Section of 6.1.1.1b) ii)of By-law 85-1 is hereby amended by adding the following new Section i) after
Section h):
“Notwithstanding Clausesd) through f) above, adriveway may be as wide as the attached garage.”
12)Section 6.1.1.1 b) vii)of By-law 85-1 is hereby amended bydeleting the word ‘size’and replacingitwith the
followingword:
“length”.
13)Section 6.1.1.1 c) ii) c) of By-law 85-1 is hereby amended by deleting the word ‘size’ and replacing it with
the followingword:
“length”.
14)Section14.3of By-law 85-1 is hereby amended by deleting the regulation for Building Elevation in its entirety
and replacing it with the followingnewregulation:
“Building Stepback - The minimum stepbackfor mid-riseand tall buildingsshall be 3.0 metres for the
portion of the building fronting along King Streetabove the base of the building.”
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15)Section14.3 of By-law 85-1 is hereby amended by adding the followingnewregulations:
“Miscellaneous
i)A building may be located 0.0 metres from the street line along King Street; and,
ii)The base of a mid-rise buildingor tall buildingshall have a maximum of 5 storeys.”
PASSED at the Council Chambers in the City of Kitchenerthis day of
, 2018
_____________________________
Mayor
_____________________________
Clerk
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PLANNING & STRATEGIC INITIATIVES COMMITTEE
Page 1UNFINISHED BUSINESS2018-12-10
SUBJECT (INITIATOR)DATE TARGETSTAFF
INITIALLYDATE/STATUSASSIGNED
CONSIDERED
Financial implications analysis of enhanced 2012-06-18 Future PSI B.Sloan
streetscape options for Fischer Hallman Rd design (PSI) Meeting
improvements (over and above baseline capital and
operating budgets)
IF1 - 1