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Home My WebLink AboutDTS-07-105 - Extension Of Interim Control By-Law 2006-154ii ID ~_ ~... .~ REPORT Report To: Development & Technical Services Committee Date of Meeting: June 18, 2007 Submitted By: Jeff Willmer, Director of Planning 741-2325 Prepared By: Alain Pinard, Mgr. of Long Range & Policy Planning 741-2319 Tina Malone-Wright, Senior Planner 741-2765 Ward~s~ Involved: All Date of Report: June 11, 2007 Report No.: DTS-07-105 Subject: EXTENSION OF INTERIM CONTROL BY-LAW 2006-154 PROHIBITION OF TRIPLEX AND MULITPLE DWELLINGS WITHIN LANDS ZONE `R-5' IN THE CENTRAL NEIGHBOURHOOD AREA RECOMMENDATION: That Interim Control By-law 2006-154 be extended for an additional year in a form shown in the attached "Proposed by-law", dated June 11, 2007; and That Planning Staff be directed to continue with the study of triplexes and multiple dwelling uses within the Central Neighbourhoods with a view to completing it prior to July 4, 2008; and further That Planning staff bring back a report with recommendations for Council's consideration at the conclusion of the study. BACKGROUND: On July 4, 2006 Council passed By-law 2006-154, an interim control by-law, to temporarily prohibit multiple dwelling uses on lands that are zoned Residential Five (R5) within the Central Neighbourhoods area, which is generally bounded by the Conestoga Parkway to the east and south, Westmount Road to the west, and the City of Waterloo boundary to the north. For the purposes of By-law 2006-154 "multiple dwelling" is defined to include triplexes but does not include street townhouses orsemi-detached dwellings. The interim control by-law was passed to prohibit triplexes and multiple dwelling uses while Planning staff undertook a study of the planning policies and regulations pertaining to this use in the Central Neighbourhoods area. As By-law 2006-154 will expire on July 4, 2007 and the study is not yet completed, an extension to Interim Control By-law 2006-154 is recommended. REPORT: Work Completed to Date The initial public consultation conducted in January of 2006 has provided a good starting point. This consultation revealed that there was not a strong, overwhelming need to prohibit triplexes in every neighbourhood across the City. However, it did identify that certain neighbourhoods and streets within the City are reported to have more issues with the triplexes and may need special consideration. Prior to the passing of By-law 2006-154 Planning staff identified two directions to take in reviewing the triplex/multiple dwelling use in the `R-5' zone. One was to take aCity-wide approach and the otherwas to take a neighbourhood orstreet-specific approach. The City-wide approach would introduce new tools to the development review process which will ensure that any new additional triplexes, City-wide, will be designed to better minimize impacts on neighbourhoods. These can include new additional municipal planning policies, a review of zoning regulations, a more stringent site plan control process for triplexes, developing a design brief to guide site plan approvals, developing a strategy to ensure a greater degree of compliance and continuing to develop Transportation Demand Management Initiatives (`TDM'} to reduce car dependency. The neighbourhood-specific approach would focus on the neighbourhoods and streets as identified by residents during the initial public consultation process in January of 2006 and as identified at the Council meetings on May 29t" and July 4t" 2006. These neighbourhoods would be researched by Planning Staff to understand current concerns by identifying existing triplexes, identifying problem triplexes, tracking enforcement and parking complaints, reviewing socio- demographic census trends, etc. In order to address these concerns there may be a need for more geographic specific policies/regulations to either prohibit the triplex/multiple dwelling use or to ensure new triplexes are integrated appropriately into these neighbourhoods. Delays and New Considerations Since the passing of By-law 2006-154, several factors have delayed the completion of the study. A summary of some of the key factors are provided below. Over the last year, the ability to undertake and complete the study was affected by the departure of staff members originally involved in the study and the limited availability of staff resources in the Planning Division as a whole. Planning staff were and are still involved in two parking studies which have the potential to impact multiple dwelling uses. The first study relates to front yard parking and the second study relates to the parking requirement for a dwelling unit having less than 51 square metres of floor area. Additions of units having less than 51 square metres of floor area typically do not require an additional parking space be provided on the subject property. In the past and currently, this parking requirement has allowed conversions of duplexes to triplexes without the need to provide additional parking on site. Other initiatives such as the Kitchener Growth Management Strategy may also be relevant but the impact is considered less significant. In the past year there have been significant planning reforms in Ontario as the Places to Grow Plan, the Planning and Conservation Land Statute Law Amendment Act (previously Bill 51) and numerous associated regulations came into effect. The reforms contain several provisions that impact the study but the full range of implications require further review. The reforms generally 2 promote intensification (and triplexing is a modest form of intensification), but they also give municipalities more authority to regulate design elements of development, subject to conditions. Next Steps Planning staff will review the benefits and the appropriateness of a City-wide approach versus a neighbourhood-specific approach to dealing with the triplex use, taking into account recent planning reforms and the outcomes of related studies. Staff will continue to solicit feedback from all stakeholders (residents, landlords, owners, tenants etc.} as it investigates the suitability of all available tools. FINANCIAL IMPLICATIONS: Staff time will be expended in order to complete the study. COMMUNICATIONS: There is no statutory requirement to give notice prior to the passing of an Interim Control By-law or to an extension of an Interim Control By-law. However, a notice of the passing of the by-law must be given within thirty days. Planning staff will continue to consult with stakeholders. Staff has already been invited to attend a meeting of the Neighbourhood Mobilization Alliance to discuss the study on September 19, 2007. All persons who have provided previous comments on the use issue and have provided staff with a mailing or email address will be kept informed or any future public meetings and/or staff reports. CONCLUSION: It would be appropriate for the Interim Control By-law to be extended for an additional year to allow completion of the on-going study of triplexes and multiple dwelling uses in the Central Neighbourhoods. Tina Malone-Wright, MCIP, RPP Alain Pinard, MCIP, RPP Senior Planner Manager of Long Range and Policy Planning Jeff Willmer, MCIP, RPP Director of Planning Attarhmpnt Proposed By-law -Interim Control By-law extension 3 PROPOSED BY-LAW JUNE 11,1007 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being an Interim Control By-law respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area) WHEREAS authority is given to Council by Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to pass an Interim Control By-law, for a period of time which shall not exceed one year from the date of passage of the By-law; AND WHEREAS Council on July 4, 2006 passed By-law Number 2006-154 to effect Interim Control within Residential Five ~R-5) Zones located in the Central Neighbourhood areas, generally bounded by the Conestoga Parkway to the east and south; Westmount Road to the west and the City of Waterloo boundary to the north of the City for a period of one year from the date of its passing; AND WHEREAS authority is given to Council by Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to extend the period of time during which an Interim Control By-law is to be in effect, provided the total period of time does not exceed two years from the date of the passing of the Interim Control By-law; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. That By-law Number 2006-154 implementing interim control provisions within Residential Five (R-5) Zones located in the Central Neighbourhood areas, generally bounded by the Conestoga Parkway to the east and south; Westmount Road to the west and the City of Waterloo boundary to the north of the City, be extended to be in effect for one year from the date of passing hereof. PASSED in the Council Chambers in the City of Kitchener this day of , 2007. Mayor Clerk 4 PROPOSED BY-LAW JUNE 11,1447 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being an Interim Control By-law respecting the triplex use of lands, buildings or structures located generally within the R-5 zoned lands within the Central Neighbourhoods area) WHEREAS authority is given to Council by Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to pass an Interim Control By-law, for a period of time which shall not exceed one year from the date of passage of the By-law; AND WHEREAS Council on July 4, 2006 passed By-law Number 2006-154 to effect Interim Control within Residential Five ~R-5) Zones located in the Central Neighbourhood areas, generally bounded by the Conestoga Parkway to the east and south; Westmount Road to the west and the City of Waterloo boundary to the north of the City for a period of one year from the date of its passing; AND WHEREAS authority is given to Council by Section 38 of the Planning Act, R.S.O. 1990, c.P.13, as amended, to extend the period of time during which an Interim Control By-law is to be in effect, provided the total period of time does not exceed two years from the date of the passing of the Interim Control By-law; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. That By-law Number 2006-154 implementing interim control provisions within Residential Five ~R-5) Zones located in the Central Neighbourhood areas, generally bounded by the Conestoga Parkway to the east and south; Westmount Road to the west and the City of Waterloo boundary to the north of the City, be extended to be in effect for one year from the date of passing hereof. PASSED in the Council Chambers in the City of Kitchener this day of , 2007. Mayor Clerk