HomeMy WebLinkAboutDSD-18-165 - Zoning By-law Amendment - ZC16-001-W-ATP - 42 Windom RoadREPORT 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
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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
th
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
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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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