HomeMy WebLinkAboutDSD-18-166 - Zoning By-law Amendment - ZC18-010-COK-JVW - Annual Update to Zoning By-law 85-1REPORT 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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