HomeMy WebLinkAboutDTS-07-160 - ZC 07/19/COK/SR - City Initiated HousekeepingDev~fopme-rt &
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REPORT
Development & Technical Services Committee
December 3, 2007
Jeff Willmer, Director of Planning (519-741-2325)
Sheryl Rice, Development Administrator (519-741-2844)
All Wards
November 16, 2007
DTS 07-160
ZONE CHANGE APPLICATION ZC 071191COKISR
CITY-INTIATED "HOUSEKEEPING" AMENDMENTS
TO THE ZONING BY-LAW
RECOMMENDATION:
That Zone Change Application ZC 07/19/COK/SR (Housekeeping By-law}, representing
comprehensive changes to Zoning By-law 85-1, be approved in the form shown in the attached
"Proposed By-law", dated November 16, 2007, without conditions.
BACKGROUND:
The City of Kitchener Zoning By-law 85-1 was amended in August 2006 to address
"housekeeping" improvements or clarifications. Since that time a number of additional revisions,
improvements or updates have been identified and are now being proposed to be amended in
By-law 85-1.
REPORT:
A comprehensive amendment to Zoning By-law 85-1 is proposed in order to improve the
administration of the By-law. The changes have been identified over the past year through the
daily use of the By-law by various staff, as well as the need for clarification in certain areas.
There are a number of changes proposed for the By-law. However some of these changes are
minor amendments, such as wording clarification. The key changes are briefly summarized
below, and all changes are outlined in the "Proposed By-law" attached to this report.
1. Definition section is amended by deleting the numbers in front of all the definitions
but maintaining alphabetical order of the section.
2. Adding a new definition for "Driveways" and revising the definition of "Manufacturing"
to exclude "Commercial Water Taking".
3. Amending an existing regulation regarding attached garages for semi-detached
houses which clarifies and regulates that storage alcoves are permitted within the
attached garage.
4. Adding general regulations for Vacant Land Condominiums and Common Element
Condominiums to permit their use on private roads rather than direct access onto a
public street.
5. Revising the Off-street Parking section for driveways and their widenings in regards
to single detached, semi-detached, duplex and street townhouse dwellings; as well
as residential care facilities and lodging houses both having less than 9 residents.
6. Adding a parking requirement of 1 space per 40 square metres of gross floor area of
a use not otherwise listed in the general off-street parking schedule.
7. Clarifying that major recreation equipment in a Residential zone shall not be stored
or parked on the lot except as otherwise permitted.
8. Prohibiting utility trailers in residential zones to be stored or parked in a front yard or
side yard abutting a street except in a driveway.
9. Reducing the setback for front yards and side yards abutting a street to 3 metres in
the C-1, C-2 and C-3 Commercial Zones; and reducing the setback for front yards
and side yards abutting a street to 6 metres in the C-5 (Regional Shopping Centre)
Zone.
10. Adding a new regulation to the General Regulation section regarding accessory bio-
solid storage. It is noted that the newspaper advertisement stated that this regulation
would be added to the Agricultural section. Since the notice was advertised,
accessory bio-solid storage has been incorporated into the General Regulation
section in order that agricultural use shall be regulated by this provision in any zone
that permits such use.
11. Rezoning a small portion abutting the rear lot line of 85 Bankside Drive from Hazard
Land Zone (P-3) to Residential Eight Zone (R-8) to legalize the existing rear portions
of buildings and decks. The Grand River Conservation Authority has no concerns
with this rezoning.
12. Rezoning 14 - 16 Cait Avenue from Residential Three (R-3) to Residential Four (R-
4) to recognize an existing legally established semi-detached dwelling.
FINANCIAL IMPLICATIONS: NlA
COMMUNICATIONS:
Notice of the public meeting to be held by Committee of Council dealing with Development and
Technical Services matters on December 3, 2007 was advertised in The KW Record on
November 9, 2007. The waterloo Region Home Builders Liaison Committee was advised of the
changes concerning dwellings at their November 16t" meeting. Lastly, additional notice is being
sent to property owners affected by the zone changes as shown on the attached Maps 1 and 2.
Sheryl Rice, CPT
Development Administrator
Della Ross, MA, MCIP
Manager of Development Review
Jeff willmer, MCIP, RRP
Director of Planning
Attachments -Newspaper advertisement
- Proposed Zoning By-law
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PROPOSED BY-LAW
November 16, 2007
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
Housekeeping Amendment)
WHEREAS it is deemed expedient to amend By-law 85-1; as amended;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Section 4.2 of By-law 85-1 is hereby amended by deleting further point numbers and
maintaining alphabetical order of the defined terms.
2. Section 4.2 of By-law 85-1 is hereby amended by adding the following new definition in the
proper alphabetical order:
"Driveway" means a private road giving access from a public street to a building or parking
space."
3. Section 4.2 of By-law 85-1 is hereby amended by adding to the definition of "Manufacturing"
immediately after the words "completely contained within a building" the following phrase:
", but shall not include Commercial Water Taking."
4. Section 5.56.1 of By-law 85-1 is hereby amended by adding immediately after "front facade
closest to the street at ground level." and starting on a new line, the following:
"Notwithstanding the above, a storage alcove may be incorporated into the garage and may
extend beyond the 60% limit provided that:
a) the storage alcove is stepped back a minimum of 1.5 metres from the front facade of
the garage nearest the street;
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b) the entire width of the garage including both the vehicular parking area and the storage
alcove shall not exceed 70% of the width of the facade at ground level (measured from
the centreline of the party wall to the outside of the exteriorwall); and,
c) a man door is not located leading from the storage alcove to the outside along the front
facade."
5. Section 5.21 of By-law 85-1 is hereby amended by:
a) deleting the heading "PHASED REGISTRATION OF CONDOMINIUMS" and replacing
it with the following "STANDARD CONDOMINIUMS";
b) deleting from clause a) the word "phased"; and
c) adding to clause b) the words "all or" immediately after the phrase "a plan or plans of
condominium registered on".
6. Section 5 of By-law 85-1 is hereby amended by adding the following new subsections
immediately after Section 5.21:
"5.21A Vacant Land Condominiums
More than one single detached, semi-detached, duplex or street townhouse
dwelling shall be permitted on a lot provided that each dwelling has direct access to
an internal private driveway or road that is a common element in a registered
Condominium connecting to a public street and that each dwelling is located on a
`unit' in a Vacant Land Condominium. For purposes of this regulation, the front lot
line for each Unit in a Vacant Land Condominium shall be deemed to be that lot line
abutting the internal driveway portion of the common element, and the dwelling on
such a Unit shall comply with all applicable zoning regulations, including but not
limited to setbacks, lot area, lot width and parking.
5.216 Common Element Condominiums
Single detached, semi-detached, duplex or street townhouse dwellings shall be
permitted on lots without frontage on a public street provided that all such dwellings
are located on Parcels of Tied Lands (POTL's) to a Common Elements
Condominium consisting of a least a private driveway connecting to a public street.
For purposes of this regulation, the front lot line shall be deemed to be that lot line
abutting the internal driveway portion of the common element, and any dwelling on
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such a lot shall comply with all applicable zoning regulations, including but not
limited to setbacks, lot area, lot width and parking."
7. Section 5.24 of By-law 85-1 is hereby amended by deleting all of the text that follows the
phrase "EW1 exterior wall" and replacing it with the following:
"type pursuant to the Supplementary Standard SB-3 of the Ontario Building Code
or equivalent material as approved by the City's Chief Building Official."
8. Section 5 of By-law 85-1 is hereby amended by adding the following new subsection
immediately after Section 5.27.2:
"5.28 Accessory Bio-solid Storage
An accessory bio-solid storage facility shall be used only to spread bio-
solids on afarm field containing said facility and no otherfarms off-site, shall
be constructed of solid concrete material; and:
i) shall not be located within 300 metres of a residence on an adjacent
lot, or any building used for recreational, institutional, religious or
educational purposes;
ii) shall not be located within 600 metres of an area zoned residential;
and,
iii) no residence shall be constructed within 300 metres of an accessory
bio-solid storage facility."
9. Section 6.1.1.1 a) iv) of By-law 85-1 is hereby deleted and replaced with the following:
"iv) Unless otherwise regulated herein, the following shall not be located within 3.0 metres
of a street line:
parking spaces;
loading spaces;
motor vehicles or major recreational equipment displayed for sale or lease;
drive-through stacking lanes; or
aisles giving direct access to abutting parking spaces.
This regulation shall exclude driveways or portions thereof extending directly from the
street."
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10. Section 6.1.1.1 b) i) of By-law 85-1 is hereby amended by adding at the end of the regulation
the following phrase "and may be arranged in tandem."
11. Section 6.1.1.1 b ii) of By-law 85-1 is hereby amended by adding the phrase "and driveway
widenings:"immediately after the phrase "The following provisions shall apply to driveways".
12. Sections 6.1.1.1 b) ii) c), 6.1.1.1 b) ii) d), 6.1.1.1 b) ii) e) and 6.1.1.1 b) ii) fl of By-law 85-1 are
hereby deleted and replaced with the following:
"c} A driveway may be as wide as an attached garage;
d) On a lot with a width of 10.4 metres or less, a driveway may extend beyond the width
of the attached garage to a maximum width of 5.2 metres and shall be located no
closer than 0.6 metres to a side lot line;
e) On a lot with a width greater than 10.4 metres, the driveway may extend beyond the
width of the attached garage to a maximum width of 50% of the lot width or 8 metres,
whichever is less; and shall be located no closerthan 0.6 metres to the side lot line;
fl In the case of asemi-detached dwelling with an attached garage the driveway may
extend beyond the width of the attached garage to a maximum width of 5.2 metres
and shall be located no closer than 0.6 metres to the side lot line which is not located
along the common wall of the same dwelling;
g) In the case of a dwelling without an attached garage, the driveway width shall not
exceed 5.2 metres within the front yard, side yard, or side yard abutting a street;
h) Notwithstanding clause g) above, in the case of a dwelling without an attached
garage and located on a lot with a width greater than 10.4 metres, the driveway width
shall not exceed 50% of the lot width or 8 metres, whichever is less, within the front
yard, side yard or side yard abutting a street."
13. Section 6.1.1.1 b) iii) of By-law 85-1 is hereby amended by adding a new clause d)
thereto as follows:
"d) a lot which abuts a street and a lane, in which case one driveway is permitted from
each street and lane."
14. Section 6.1.1.1 b) iv) of By-law 85-1 is hereby deleted and replaced with the following:
"iv) Nofinrithstanding clauses ii) and iii) above, on a corner lot an access driveway shall not
be located closer than 9.0 metres to the intersection of the street lines abutting the lot.
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For the purposes of this subsection iv), where one or more parking spaces are provided
with a setback of less than 12 metres, the driveway including any widening shall be
deemed to be at least the same width as the parking spaces, for a minimum distance of
12 metres from the parking space, measured perpendicular to the end of the parking
space closest to the street."
15. Sections 6.1.1.1 b) v) and 6.1.1.1 b) vi) of By-law 85-1 are hereby deleted and replaced with
the following:
"v) Within a front yard, side yard or side yard abutting a street, motor vehicles shall only be
parked on a driveway conforming with Section 6.1.1.1.
vi) The driveway shall be comprised of a material, pattern or colour that is consistent
throughout the driveway and that is distinguishable from all other ground cover or
surfacing, including landscaping or walkways, within the front yard, side yard, or side
yard abutting a street."
16. Section 6.1.1.1. c) v) of By-law 85-1 is hereby deleted and replaced with the following:
"v) Within a front yard, side yard or side yard abutting a street, motor vehicles shall only be
parked on a driveway conforming with Section 6.1.1.1.
vi) The driveway shall be comprised of a material, pattern or colour that is consistent
throughout the driveway and that is distinguishable from all other ground cover or
surfacing, including landscaping or walkways, within the front yard, side yard or side
yard abutting a street."
17. Section 6.1.2 a) of By-law 85-1 is hereby amended by adding at the end of the subsection the
following:
"All Other Uses Not Otherwise 1 for each 40.0 square metres of
Listed Above
gross floor area which
accommodates such use."
18. Sections 6.4 a) and 6.4 b} of By-law 85-1 are hereby amended by adding the words "or
parked" immediately after each occurrence of the word "stored".
19. Section 6 of By-law 85-1 is hereby amended by adding the following new subsection
immediately after Section 6.4:
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"6.5 UTILITY TRAILERS IN RESIDENTIAL ZONES
In any Residential zone, utility trailers:
a) may be stored in a garage;
b) shall not be stored or parked in a front yard, side yard or side yard abutting a
street, except i n a d riveway."
20. Section 7.2 of By-law 85-1 is hereby amended by deleting the Minimum Front Yard and Side
Yard Abutting a Street requirement of "4.5 metres" and replacing it with "3 metres".
21. Section 8.2 of By-law 85-1 is hereby amended by deleting the regulations "Minimum Front Yard
7.5 metres" and "Minimum Side Yard Abutting a Street 7.5 metres" and replacing it with the
following:
"Minimum Front Yard and 3 metres
Minimum Side Yard Abutting a Street".
22. Section 9.2 of By-law 85-1 is hereby amended by deleting the regulations "Minimum Front Yard
4.5 m" and "Minimum Side Yard Abutting a Street 4.5 metres" and replacing it with the
following:
"Minimum Front Yard and 3 metres"
Minimum Side Yard Abutting a Street
23. Section 11.2 of By-law 85-1 is hereby amended by deleting the Minimum Front Yard and
Minimum Side Yard Abutting a Street requirement of "One-half the building height or 7.5
metres, whichever is greater" and replacing it with "6 metres".
24. Section 32.3.3 of By-law 85-1 is hereby amended by deleting the following regulation for semi-
detached dwellings: "Minimum Building Height 10.5 metres".
25. Section 32.3.4 of By-law 85-1 is hereby amended by deleting the regulation "Minimum Building
Height 10.5 m" and replacing it with the following: "Maximum Building Height 10.5".
26. Section 40.2.4 of By-law 85-1 is hereby amended by adding the following new regulation
immediately after "Maximum Size 8 residents":
"Off-Street Parking In accordance with Section 6.1 of this By-law".
27. Schedule 196 of Appendix "A" to By-law 85-1 is hereby amended by designating Residential
Four Zone (R-4) instead of Residential Three Zone (R-3), the parcel of land described as Part
Lots 211 and 212, Plan 254, in the City of Kitchener. These lands are shown on Map No. 1
attached hereto.
28. Schedule 34 of Appendix "A" to By-law 85-1 is hereby amended by designating as Residential
Eight Zone (R-8) instead of Hazard Land Zone (P-3), the parcel of land described as Part of Lot
35, German Company Tract, being Parts 1 to 4 inclusive on Reference Plan 58R-7814, in the
City of Kitchener. These lands are shown on Map No. 2 attached hereto.
29. Schedules 196 and 34 of Appendix "A" are hereby further amended by incorporating additional
zone boundaries as shown on Map Nos.1 and 2 attached hereto.
30. Section 105 of Appendix "D" to By-law 85-1 is hereby amended by deleting the address "871
Victoria St N"from the end of subsection iv) a} and replacing it with the address "97 Victoria St
N".
PASSED at the Council Chambers in the City of Kitchener this
day of
2007.
Mayor
Clerk