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HomeMy WebLinkAboutDTS-08-090 - Triplex Study - Interim Control By-Law 2007-130'K~TC~~R .. ~ . Development & Technical Services Report To: Development & Technical Services Committee Date of Meeting: May 26, 2008 Submitted By: Jeff Willmer, Director of Planning (141-2325} Alain Pinard, Manager of Long Range and Policy Planning (741-2319) Prepared By: Tina Malone-Wright, Senior Planner (741-2165) Ward(s~ Involved: Wards 1, 5 and 6 Date of Report: May 16, 2008 Report No.: DTS-08-090 Subject: TRIPLEX STUDY INTERIM CONTROL BY-LAW 2001-130 RECOMMENDATION: 1. That the Triplex Study Report, dated May 9, 2008, prepared by City of Kitchener Planning Staff in response to the passing of Interim Control By-law 2001-130 be received for information by Council; and 2. That City Initiated Official Plan Amendment MPO11121COKITMW, which implements the recommendations of the Triplex Study Report, dated May 9, 2008, be adopted in the form shown in the Official Plan Amendment attached to Report DTS-08-090, and accordingly forwarded to the Region of Waterloo for approval; and fur#her 3. That City Initiated Zone Change ZCO11181COK1TMW, which implements the recommendations of the Triplex Study Report, dated May 9, 2008, be approved in the form shown in the "Proposed By-law", dated May 9, 2008, attached to Report DTS-08-090. BACKGROUND: On July 4, 2006 Council passed By-law 2006-154, an interim control by-law, to temporarily prohibit triplex 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. Prior to the expiration of Interim Control By-law 2006-154, Council passed By-law 2007-130 to extend the prohibition of triplexes until June 25, 2008. For the purposes of By-laws 2006-154 and 2001-130 "multiple dwelling" is defined to include triplexes but does not include street townhouses or semi-detached dwellings. The interim control by-laws were passed to prohibit triplexes white Planning staff undertook a study of the planning policies and regulations pertaining to this use in the Central Neighbourhoods area. The study is now complete and attached to this report for information and discussion. REPaRT: A Triplex Study was completed as a result of the passing of Interim Control By-law 2007-130. A copy of the report which outlines the findings of the study and proposed recommendations is attached for information. Planning staff have recommended that the triplex use (multiple dwelling having a maximum of 3 dwelling units} remain a permitted use in the `Residential Five Zone {R-5}' subject to new requirements in the Official Plan and Zoning By-law. To implement the recommendations from the study, Planning Staff have put forward a proposed Official Plan Amendment and Proposed Zoning By-law for Council's consideration. Other Options There are two other options which Council could consider which were not identified in the Triplex Study Report. The first is a prohibition of the triplex dwelling use and the second is to downzone properties which do not meet the minimum lot area and minimum lot width requirements for triplexes. These two options are presented below based on the input that Planning Staff received at the April 23, 2008 meeting with the Central Neighbourhoods. 1. Prohibition of Triplexes This option is supported by at least 80 of the over 4,000 property owners affected by the Interim Control By-law. Although Planning Staff can appreciate the concerns expressed by these property owners, a prohibition of triplexes cannot be supported by Planning staff as this option was not supported by the findings in the study report in terms of the prevalence and nuisance of the triplex use and a prohibition would not be consistent with Provincial Policy. Growing out is not sustainable and the City should be looking at and taking advantage of opportunities for additional dwelling units within the built-up area of the community. 2. Downzoning of Under-sized `R-5' Properties Another option available to Council to consider is downzoning by removing the triplex use from those properties which do not meet the minimum lot area and minimum lot width requirements of the `R-5' zone. One of the concerns of many of the residents was the Committee of Adjustment process. Although Planning staff are proposing new policies and new zoning regulations to help address these concerns, the residents feel they are not compelling enough to prevent the Committee of Adjustment from approving inappropriate triplexes. By eliminating the passibility of lot width or lot area variances for triplex, the City would be allowing triplexes on only those properties which meet the minimum area and width regulations, Property owners proposing triplexes would still need to obtain site plan approval, a building permit and an occupancy permit to have a legal triplex. If Council were to consider adding new zoning 2 regulations for triplexes with respect to landscaping, alterations, and parking, the Committee of Adjustment could technically still consider variances for triplexes but only if these properties met the minimum lot area and minimum lot width requirements. As stated, Planning staff feel that triplexes are an appropriate form of housing. One of the downsides of rezoning properties with insufficient size to remove the triplex use is that it would preclude some properties from the conversion process which may be fairly close meeting the zoning requirements. Instead of going through a $400.00 two-three month minor variance process, property owners which did not meeting these minimum size requirements would be looking at a $6,000.00 six-nine month zone change process in order to convert. As the process for zone change is mare costly and time consuming, residents could see more illegal triplexes appearing in their neighbourhoods. Also, with respect to recommending approval of this option, this will involve Planning staff researching over 4,000 properties to determine if they meet the minimum lot area and minimum lot width requirements of the `R-5' zone. Planning staff used the MPAC data for the purposes of obtaining an approximate number of properties that could ultimately be developed for a triplex use. However because of MPAC's inaccuracies, it cannot be relied upon with respect to generating zoning schedules to implement the downzoning option. Accordingly, this option will not be able to be brought forward to Council prior to the expiration of the interim control by-law on June 25, 2008. Aaencv Comments The Region of Uvaterloo provided written comments on the Triplex Study and they are attached to this report. In summary, Regional staff concurs with City staff's recommendation to address the concerns related to off-street parking and neighbourhood design through the inclusion of additional Official Plan policies and additional regulations in the City's Zoning By-law. They have indicated that they would like the opportunity to comment if the proposed recommendations are to change. FINANCIAL IMPLICATIONS: No direct capital financial implications to the City. COMMUNICATIONS: All communications done as part of the Triplex Study have been documented in the final report of the Triplex Study. Notice of the May 26, 2008 public meeting of the Development and Technical Services Committee was advertised in The Record on May 2, 2008. A copy of the advertisement is attached. All persons who inquired or responded to the preliminary circulation of the draft Triplex Study Report and notice of the April 23, 2008 information meeting andlor attended the information meeting were notified of the date of this public meeting and provided a copy of the report by email or by mail if requested. 3 CONCLUSION: In summary, Planning Staff are recommending that the triplex use be retained as a permitted use in the `Residential Five Zone (R-5)' subject to more stringent landscaping, parking and site plan requiremen#s and new regulations that limit the size of additions and their location on a property. Planning staff are also recommending that the Official Plan be amended to ,provide policy and direction to guide the review of planning applications for zone change and minor variance to encourage consistent and compatible design of new construction and conversion with the existing built form. cyv~. w t~ ~ ~u-ui n:~~hJc T / V ",~vv.~/~ Tina Malone-Wright, MCIP, RPP Senior Planner Alain Pinard, MCIP, RPP Manager of Long Range and Policy Planning illmer, MCIP, RPP it for of Planning List of Attachments Appendix `A' -Newspaper Advertisement Appendix `B' -Triplex Study Report Appendix `C' -Proposed Municipal Plan Amendment Appendix `D' -Proposed Zoning By-law Appendix `E' -Community Input on April Draft Triplex Study Report 4 Councillor Christina Weylie Councillor John Smola Councillor Geoff Lorentz MP 0?1121COKlTMw zc o~l~ slcoKlTMw City Initiated Advertised in The Record -May 2, 200$ CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS Invites PROPERTY OWNERS AND INTERESTED PARTIES To attend a PUBLIC MEETING T4 DISCUSS A PROPOSED MUNICIPAL PLAN AMENDMENT UNDER SECTIONS 1l AND 22 OF THE PLANNING ACT AND A PROPOSED ZONING BY-LAW UNDER SECTION 34 OF THE PLANNING ACT Triplex Studv -Interim Control By-law 2001-~30 The purpose of this meeting is to discuss proposed amendments to the City's Official Plan and Zoning By-law as a result of the completion of a triplex study. Proposed amendments to the Official Plan would include new policies to provide direction in the review of planning applications for zone change and minor variances. The purpose of the new policies is to ensure that new residential construction and residential conversion is consistent and compatible with existing built form and the design and character of existing neighbourhoods. Proposed changes to the regulations for multiple dwellings in the Residential Five Zone (R-5) include: • Adding a minimum landscaped area of 20%. • Limiting new additions to a maximum of 25% of the building's existing footprint. • Requiring new additions to be located only to the rear of an existing building or in the rear two thirds side of an existing building and not be to be located in a front yard or side yard abutting a street. • Each dwelling unit in a triplex must provide one parking space on site regardless of its dwelling unit size. Only multiple dwellings with four or more units may take advantage of the current reduced parking requirement for dwellings 51 square metres and under and the reduced parking requirement will not apply to more than 60% of the total number of dwelling units. Two other options will be presented to Development and Technical Services Committee on this date. They are: 5 1. To prohibit triplexes (multiple dwellings having a maximum of three dwelling units) on those properties which do not have a minimum 495 square metres of lot area and which do not have a minimum lot width of 15 metres. 2, To prohibit triplexes {multiple dwellings having a maximum of three dwelling units} on all properties within the Central Neighbourhoods (lands zoned "R-5" subject to Interim Control By-law 2001-130) If Committee considers approving one of these two options, then proposed future zoning by-law amendments will be brought forward to a future meeting of the Development and Technical Services Committee. The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, a Committee of Council dealing with planning matters, on MONDAY, MAY 26, 2008 AT 1:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET WEST, KITCHENER. Any persons may attend the Public Meeting and make written andlor verbal representation either in support of or in opposition to the proposed Municipal Plan Amendment and proposed Zoning By- law. If a person or public body that files a notice of appeal of a decision of The Regional Municipality of Waterloo in respect of the proposed municipal plan amendment, or that files a notice of appeal of a decision of the City of Kitchener in respect of the proposed zoning by-law, does not make oral submissions at a public meeting or make written submissions to the City of Kitchener before the proposed municipal plan amendment and proposed zoning by-law are adopted by City Council, the Ontario Municipal Board may dismiss all or part of the appeal. If you wish to be notified of the adoption of the proposed municipal plan amendment, you must make a written request to: Mr. Randy Gosse, City Clerk The City of Kitchener City Hall, P.O. Box 1118 200 King Street West Kitchener, Ontario N2G 4Gl ADDITIONAL INFORMATION relating to the proposed Municipal Plan Amendment and Zoning By-law is available for inspection between 8:30 a.m. and 5:00 p.m. at the Department of Development and Technical Services, Planning Division, 6~~ Floor, City Hall, 200 King Street West, Kitchener. Tina Malone-Wright, MCIP, RPP Senior Planner 141-2765 (TTY-TDD -141-2385} tina. malonewright@kitchener.ca 6 1 Krrci~~R City of Kitchener Triplex Study Report In Response to Interim Control By-laws 2006-154 and 2007-130 May 9, 2008 Table of Contents Page 1.0 Purpose 3 2.0 Executive Summary 3 3.0 Background 4 4.0 New Research -Analysis and Findings 7 4.1 Building Permits 7 4.2 Occupancy Permits 8 4.3 Minor Variance Approvals 9 4.4 Other Municipalities' Zoning Requirements Far Triplexes 10 4.5 Property standards violations 11 4.6 Current Official Plan Policies 13 4.7 Site Plan Control 17 5.0 Provincial Policy Framework: PPS X2005) and Places To Grow (2006} 17 6.0 Summary of Research 19 7.0 Recommendations -Proposed Policies and Regulations 20 7.1 Off-Street Parking 20 7.2 Neighbourhood Character 21 8.0 Presentation of Findings and Recommendations --April 23, 2008 22 8.1 Meeting AttendancelvUritten Submissions 22 8.2 Additional Information -Dwelling Unit Breakdown ~ 23 8.3 Summary of Comments on Proposed Recommendations 25 Appendix `A' Proposed New Official Plan Housing Policies 27 Appendix `B' Proposed New Zoning Regulations 31 Appendix `C' City of Kitchener Map of Planning Communities 33 2 1.0 Purpose The purpose of this paper is to provide an update and a conclusion to the triplex study for the Central Neighbourhoods that was initiated in July of 2006 with the passing of Interim Control By-law 2006-154. The term of the triplex study was extended with the adoption of by By-law 2007-130 to June 25, 2008. The paper will discuss the following: ^ Provide the context in terms of background and history ^ Discuss previous public consultation ^ Present new research and analysis ^ Provide draft recommendations for consideration including new Official Plan policies and Zoning By-law requirements ^ Discuss public consultation on the proposed recommendations The area of Central Neighbourhoods is shown in the map below. CENTRAL NEIGHB~URH~~~S AREA 4f~'~'`;~ ~;; 2.0 Executive Summary Interim Control By-law 2007-130 was passed in June of 2007 to continue to prohibit new multiple dwellings, specifically triplexes, until the completion of a study. Over the past several months since the passing of the interim control by-law Planning staff has reviewed the following: ^ previous public consultation ^ the number of new building permits ^ the number of new occupancy permits ^ the number of minor variance approvals ^ the number and #ype of property standards violations ^ other policies and regulations in other municipalities ^ the site plan control process ^ Provincial policy framework ^ existing City of Kitchener official plan policy and its effect on the prevalence and perceived problems with triplexes 3 Past public consultation on the triplex issue and new research and findings demonstrate that the challenges being experienced in the Central Neighbourhoods are not primarily attributed to triplexes. Therefore there is little basis to suggest that the triplex use should be prohibited in the Central Neighbourhoods. Prohibition of the triplex use would not be in keeping with the provincial policies and directives with respect to intensification. Planning staff are of the opinion that the triplex use is appropriate where the existing property and building can suppork such use without negatively impacting abutting properties and the character of the neighbourhood. 1t is recommended that the triplex use be retained as a permitted use in the `Residential Five Zone ~R-5)' subject to more stringent landscaping, parking and site plan requirements and new regulations that limit the size of additions and their location on a property. It is also recommended that the Official Plan be amended to provide policy and direction to guide the review of planning applications for zone change and minor variance to encourage consistent and compatible design of new construction and conversion with the existing built form. There are no policy changes proposed to the Central Neighbourhood Secondary Plans as the general Official Plan policies will apply. 3.0 Background In June of 2005, Planning Staff took a report to Council seeking direction to meet with residents in the Suburban and Central Neighbourhoods to discuss the triplex use. This came as a result of some controversial triplex conversion applications that had recently been considered by the Committee of Adjustment. Consequently, in December of 2005, Planning Staff mailed out 5,069 letters to all properties within the City of Kitchener that were zoned `R-5' advising of two public open houses to explore three options with respect to triplexes. Three options were presented in order to provide some initial discussion on the triplex use. The options for exploration and discussion were. 1. No changes to the existing zoning or residential land use policies 2. Changes to the residential land use policies to prohibit additional,-triplex dwellings 3. Permit triplex dwellings but re uire reater re ulations-and restrictions. As a result of the mail out of the letter, Planning Staff received 110 written responses. They are summarized as follows in the table below. Number of Written Res onses Planning Community # of Written Res onses % Properties Cit Wide R-5~ 0: No Address Provided 5 NIA 2: Civic Centre 5 3.1% 4: Cedar Hill 2 2.3% 5: Mill-Courtland-Woodside Park 5 13.2% 6: St. Ma 's Hos ital 3 5.4% l: Victoria Park 8 8.5% 8: Cher Hill 3 4.9% 9: K-W Hos ital 21 9.8% 10: Mt. Ho a-Huron Park 24 14.3% 11:Fairfield 1 0% 4 12: Northward 1 2.6% 13: Central Frederick 1l 19.5% 14; Auditorium 2 0.5% 20: Victoria Hills 1 0% 21: Westmount 6 0% 22: Rosemount 3 2.0% 31: Brid a ort East 1 0.24°l0 Total 110 *example: Civic Centre contains 3.1 % of the City's R-5 properties The majority of the written submissions were received from three planning communities. They were the Mt. Hope-Huron Park, K-W Hospital, and Central Frederick. 0f those planning communities, triplexes are already prohibited in the `R-5' zone in the Central Frederick planning community. Mt. Hope- Huron Park Of all the written submissions, 21.8% were received from property owners in the Mt. Hope-Huron Park community. Of those that submitted responses, 52% identified option #3 (improve triplex regulations} as their preference. Their main concerns were: - parking (42%}; and, - neighbourhood character (29%} There were 11 written submissions from residents of Louisa Street, of which 3 were neutral, 4 were against and 4 were far triplexes. Residents of Peltz Street also provided a group submission. They stated that Option 3 was their preference, provided that parking issues are dealt with and lot and house size are of appropriate size for a triplex. K~W Hospital Of all submissions, 19.1 % were from property owners in the K-W Hospital community. Of those that submitted responses, l8% identified option #2 (prohibit new triplexes} as their preference. Their main concerns were: - parking (44% of Respondents}; - Safety (38%); and, - The destruction of the streetscape (38%}, A group submission was made on behalf of 8 homeowners an York St. stating that they are opposed to all triplex development, citing specific issues with streetscape, parking, neighbourhood character and lot size. While the majority of the written submissions identified concerns over #riplexes, the meetings on January 12, 2x06 and on January 19, 2006 provided more balanced discussion, including options to improve triplexes, and the value of housing diversity and community diversity. From these meetings and the written submissions, staff inferred that there was not an over-whelming need to prohibit new triplexes in every neighbourhood across the City. Rather, it was evident through the analysis of the data collected that residents of Kitchener were seeking: • A balance of triplexeslrental housing and family-oriented housing; 5 • New triplexes that are built well, and will not cause negative impacts on the community; and, • Improved enforcement of existing property standards, by-laws, etc From the open houses and written submissions Planning Staff prepared Report DTS-06- 026 and this was considered at Development and Technical Services Committee on February 20, 2006 and by Council on February 2l, 2006. The resolution that was adopted by Council directed Planning staff to consult with the Safe & Healthy Communities Advisory Committee for consideration of and response to issues and future public engagement and that Planning staff explore the initiatives in DTS-06-026 through future planning initiatives including the Official Plan Review On May 29, 2006 representatives from the Mt. Hope Neighbourhood attended Council to ask for a review of triplexing in their area and to ask that their neighbourhood be rezoned to exclude #riplexes as permitted use. Council directed Planning staff to provide a report in response to these concerns for June 2006. At Development and Technical Services Committee on June 26, 2006 Planning Staff suggested no immediate action and to continue with the recommendation as adopted on Feb 2l, 2006. On July 4, 2006 Council passed an interim control by-law to prohibit triplex dwellings in the Central Neighbourhoods and asked that a study be initiated on the triplex dwelling use. As the study on the triplex dwelling use had not been completed by the expiration of the interim control by-law, Council adopted By-law 2001-130 on June 25, 2001 to extend the Interim Control By-law prohibiting triplexes until the end of July 4, 2008. On Sept. 19, 2001 Planning staff met with the Neighbourhood Mobilization Alliance which included the Mount Hopel6reithaupt Park Neighbourhood, the Cedar Hill neighbourhood, the North Ward Neighbourhood, the King East Neighbourhood, the Old Berlin Town tformer Civic Centre) Neighbourhood and the Downtown Neighbourhood Alliance to obtain further input and comments on the triplex issue far inclusion in the study and to communicate next steps. At that meeting it was communicated that there is a difference between triplexes that are built as such as and buildings that are converted to triplexes. Residents did not have the same concerns with triplexes if a vacant lot was developed as a triplex. Their concerns related more to single detached and duplex dwellings that were converted to triplexes. One of the concerns expressed at the neighbourhood meeting in September of 200? was that property investors were speculating, and building additions and doing modifications to single detached and duplex dwellings, with a view to converting these buildings to triplexes once the interim control by-law is dealt with. The size of additions affects the character of dwellings on a street and these additions can facilitate conversions at a later date. Residents felt that it is difficult to convert these buildings back to single family homes once a conversion to a triplex has taken place. There was concern expressed aver the Committee of Adjustment process and that many of these triplexes are approved even if the residents don't want them and then it is up to the homeowner to appeal the application to the Ontario Municipal Board. 6 One resident suggested that other municipalities be contacted to see how they handle triplex dwellings. Many of the other concerns and issues with respect to triplexes expressed at the Neighbourhood Mobilization Alliance meeting in September of 2001 echoed those expressed at the two open houses in January of 2006. Overwhelmingly, the two most prevalent concerns identified through the 110 written submissions prior to the January 2x06 Open Houses were: 1. Off-street parking; and 2. Neighbourhood character Cited Concerns with Triplexes 4.0 New Research --Analysis and Findings Over the last several months since the interim control by-law was extended, Planning staff has analyzed building permit data, number of occupancy permits, number and types of minor variances, property standardlzoning violation data and have reviewed practices and regulations in other municipalities to better understand the issues with respect to triplexes. 4.1 Building Permits Between 2000-200615 building permits were issued for triplexes in the R-5 zone. Of the 15 building permits that were issued there were 10 building permits issued for triplexes 7 in the Central Neighbourhoods. Of those 10 building permits, 2 building permits were issued far the construction of new triplexes, 1 building permit was issued for renovations to an existing triplex dwelling and the other 7 building permits were issued to permit the conversion of existing buildings to triplexes. Planning Community #of Building Permits % Properties Citywide R-5* 2: Civic Centre ~ 1 3.1 5: Mill Courtland-Woodside Park 1 13.2% T: Victoria Park 1 8.5% $: Cher Hill 2 4.9% 10: Mt. Ho a -Huron Park 2 14.3°l0 13: Central Frederick 2 19.5% 14: Auditorium 1 0.5% 6: St. Ma 's Hos ital 1 5.4°I° 25: Vanier 1 0.5% 31: Brid a ort East 1 0.24°/a 35: Centreville Chicopee 2 0.2% *example: Civic Centre contains 3.1% of the City's R-5 properties There has not been a significant issuance of building permits for new triplexes or triplex conversion over the last 6 years. Also, the building permits have been more or less evenly spread out over the planning communities in the central neighbourhoods. None of the planning communities have experienced more than 2 building permits issued for triplexes. There is not a strong correlation between the number of building permits and the number of `R-5' zoned properties within each planning community. 4.2 Occupancy Permits An Occupancy Permit is required for every new or newly converted triplex dwelling in the City of Kitchener. Ilvith the issuance of this permit, the use of the property for a triplex dwelling is legal. Between 2000-2006 there were 32 Occupancy Permits issued for #riplexes in the R-5 zone. Of the 32 Occupancy Permits there were 24 issued for Planning Communities in the Central Neighbourhoods. Planning Community # of Occupancy Perm its % Properties City Wide R-5* 3: Kin East 3 4.6% 5: Mill Courtland-Woodside Park 5 13.2% l: Victoria Park 3 8.5% 8: Cher Hill 3 4.9% 9: K-W Hos ital 1 9.8% 10: Mt. Ho a -Huron Park 3 14.3°l° 13: Central Frederick 2 19.5% 14: Auditorium 2 0.5% 6: St. Ma 's Hos ital 1 5.4% 11: Fairfield 1 0% 8 22: Rosemount 2 2.0% 24: Stanle Park 1 31; Brid a ort East 1 0.24% 35: Centreville Chico ee 1 0.2% 46; Doon South 1 * Example: King -East contains 4.6% of the City's R-5 properties If we review the number of occupancy permits against the Planning Communities, it is not evident that one Planning Community has been affected by the existence of new triplexes. For example, over the last 6 years there have been only 3 occupancy permits for new triplexes in the Mt. Hope-Huron Park community, 3 in the King East community, 3 in the Victoria Park community, 3 in the Cherry Hill community with the Mill Courtland- Woodside Park community experiencing almost 1 a year with 5 occupancy permits issued since 2000. Planning staff are aware that not all properky owners obtain an occupancy permit to legalize their triplex dwelling. Accordingly, there may have been buildings that were illegally converted to triplexes between 2000-2006. 4.3 Minor Variance Approvals Between 2000-2006 the Committee of Adjustment approved 22 Minor Variances with respect to triplexes in the `R-5' zone. The Committee of Adjustment also considered and refused 2 Minor Variance Applications for triplexes in the `R-5' zone. one of the refusals was in the K-W Hospital Planning Community and the other refusal was in the Mt. Hope- Huron Park Planning Community. There were no triplex variances considered for properties outside of the Central Neighbourhoods. Planning Community #of Approved Minor Variances % Properties City Wide R-5* 2: Civic Centre 2 3.1 3: Kin East 3 3.6% 5: Mill Courtland-Woodside Park 1 13.2% l: Victoria Park 2 8.5% 8: Cher Hill 4 4.9% 9: K-W Hos ital 2 9.8% 10; Mt. Ho a --Huron Park 6 14.3% 13: Central Frederick 1 19.5% 14: Auditorium 1 0.5% *example: Civic Centre contains 3.1 % of the City's R-5 properties If we look at the Planning Community with the most approved minor variances over the last 6 years, the Mt. Hope-Huron Park Planning Community, there were no variances considered in 2000 nor 2001, 1 in 2002, 2 in 2003, none in 2004, 1 in 2005, and 2 in 2006. In summary the Mt. Hope-Huron Park Planning Community has experienced an average of 1 minor variance per year since 2000. There were no more than 2 minor variances approved in any one year for any planning community. Forexample in the Cherry Hill Planning community there were 2 approved in 2002 and 2 approved in 2004. In the King East Planning Community there was 1 approved in 2003,1 approved in 2005 and 1 approved in 2006. 9 The number of minor variance approvals over the last 6 years does not suggest any trends or that any one Planning Community is experiencing pressures or demands to provide this type of housing option where it doesn't fit in according to zoning requirements. There has not been a large number of minor variances to suggest that there is an issue in the Central Neighbourhoods with conversions, Planning staff are .aware that the 2 minor variances considered in 2005 and the 2 minor variances considered in 2006 for triplex conversions in the Mt. Hope-Huron Park Planning Communities were quite controversial in the communities' eyes. Although the applications were no# numerous, the locations of these proposed triplexes and the types of variances that were being considered sparked resident interest and movement in this community to address the issue of triplex conversions and the perceptions of inappropriate triplexes in their community. It should be noted that all but 2 of the approved minor variances or 90% of the approved minor variances required some sort of relief to the minimum lot area requirement or the minimum lot width requirement or to both requirements. Only 3 of the 22 approved minor variances required some sort of relief from the parking requirements in terms of number provided, their orientation or their location on the lot. 4.4 Other Municipalities' Zoning Requirements for Triplexes Planning staff canvassed several municipalities, particularly ones with universities and colleges, to determine if the triplex multiple dwelling use was permitted and if so, what the zoning requirements for this use were. Min. Lot Area Min. Lot Width Min. Landscaped Other m2 m Area Cit of Kitchener 495 15 NIA City of Cambridge 550 15 30% Min. Unit Area 70 m Cit of Waterloo NIA 15 City of Brantford 6501360 1819 20% Expansion newlconversion re ulations City of Niagara 450 As per zone Min, Unit Area Falls 55 m External character to be reserved City of Ottawa 5401360 18112 newlconversion City of London 55016001100 12/15118 20-30% depending on zone Cit of Guelph 650 15 20% Ci of Windsor 550 15 City of Hamilton 6901210 181NIA 25% Min. Unit Area newlconversion 65 m The City of Kingston zoning requirements are a little more extensive than can be displayed in the chart above and are noted below, City. of Kingston - located in `A, A1, A2, A3, A4, A5, B, E or C zone - dwelling was erected as aone-family dwelling before 1941-12-01 - parking spaces are provided 10 - no change, addition or enlargement to external walls or roof of the dwelling - a ratio of dwelling units with one or more separate bedrooms to dwelling units with no separate bedrooms is 3:1 -minimum total floor area of 232 sq. metres and min. unit areas depending on number of bedrooms Currently, the `R-5' zone of the City of Kitchener requires a minimum lot area of 495 square metres and a minimum lot width of 15 metres for a triplex dwelling regardless of whether it is new construction of a conversion of a single detached or duplex dwelling into a triplex dwelling. The `R-5' zone also contains setback requirements to regulate the location of the building on the lot. Uvith respect to parking requirements, the City of Kitchener Zoning By-law requires one parking space per dwelling unit for multiple dwellings with 3-6 dwelling units. However, if any of the dwelling units is less than 51 square metres in floor area, then a parking requirement of 0.165 spaces per unit applies. In the case of a multiple dwelling containing 3 dwelling units, depending on the number of small units, the parking requirement could be 0 parking spaces to 3 parking spaces. It was interesting to note through the research that some municipalities distinguished between new multiple dwellings and conversions and had separate zoning requirements for each type. Where this was the case, the zoning requirements for lot area and lot width were greater for new construction than they were for a conversion. Other differences in the zoning for triplexes between the City of Kitchener and other municipalities included: • Other municipalities required a minimum landscaped or amenity area. • Other municipalities required a minimum floor area or minimum unit area • Other municipalities regulated the location and size of any additionslexpansions and some did not permit any. Multiple dwellings, including triplexes, in the `R-6' are subject to a minimum landscaped area of 20%. A minimum landscape requirement wasn't applied to triplexes in the `R-5' zone. It is assumed that most `R-5' triplexes would be conversion of existing houses and would typically have a landscaped front andlor rear yard. Regulated minimum floor areas and minimum unit areas are difficult with respect to giving zoning compliance to a property. It is passible to regulate the location and size of additions and this is something that can be reviewed and discussed further in the report. The City of London has recently completed a Residential Intensification and Housing Infill Study to assist in their 2006 Review of their Official Plan. One of the tasks to be undertaken was a review of existing Official Plan objectives and policies as they relate to the direction advanced by way of the 2005 Provincial Policy Statement. The study recognized that residential intensification can be a very desirable form of developmen# and meets the intent and objectives of the 2005 PPS. As a result several policy amendments were proposed to accommodate and facili#ate residential intensification. 4.5 Property standards violations The last piece of data that Planning staff reviewed was the type and number of property standards violations of `R-5' properties. These related to either violations to the City's Property Standards By-law or to violations of the City's Zoning By-law. 11 Between 2000 and 2006 there were 465 property standards violations for properties that are zoned `R-5' in the City of Kitchener. Of those violations there were 269 against properties containing single detached dwellings, 105 against those properties containing duplex dwellings, 21 against those properties containing semi-detached dwellings and l0 against properties containing multiple dwellings. The proportion of violations for each housing type are shown in the pie chart below. R-5 Violation by Housing Type Singe Detached p Duplex ^ Multiple Semi Detached The next pie chart shows the property standards violations by Planning Community. The communities that stand out are the Mt. Hope-Huron Park Community with l9 property standards violations, the Mill Courtland Woodside Park Community with 64 property standards violations, the Central Frederick Planning Community with 62 property standards violations. Three other planning communities are fairly close in numbers with K-W Hospital experiencing 45 property standards violations, Victoria Park with 37 property standards violations and Cherry Hill experiencing 35 property standards violations over the last 6 Years. Planning Community did#~, Number of Violations Auditarlum(14),3 Brldyeport Eaat (31),1 BrWpeport bleat (47),1 Victoria Park {7), 35 Cedar t•Yil (4), t2 Varier{25),7 ' ~~ ' {,;e i h, ~~ ~ ~ CadralFredaidc(13),Bt e St. Marys Hoapltal (8), 25 ~ ~4 So utlalale (1T}, 22 4 g CenrevllleCKcopee (351, 4 Rosemouit (22}, 8 S s y ' ~ ' ~ E ~ ~~~ '~ Chary t111(B), 35 Nnrthvard (12}, 7 ', ~ ~. w ~ ~ ~~~ ~~ ~r ~~ ~~'*~ ~ ~~ 3'"~ ~ ~~~~ ~ ~~ ~'% Clvk Centre (2),15 t)oon South (46),1 Fnaatwnod (f5},1 M t. Fbpe Huron Park {10),78 Fairf idd (11),1 Hailape Park (23},1 kllewood (34), 3 IOrg Faat (3}, 18 IC-W Ho rpital (9), 41 Lower Roos (43),1 M III Coutland Woodalda ?ark (5},84 12 The Mt. Hope-Huron Park Planning Community had the most Property standards violations between 2000 and 2006 but if we look at the distribution of those violations with respect to dwelling type, 90% of the violations were against those properties containing either a single detached or a duplex dwelling. only 8 out of the l9 total violations were attributed to multiple dwellings. In the Mill Courtland Woodside Park Planning Community only 9 of the 64 total property standards violations were attributed to properties containing multiple dwellings. It is interesting to note that the Central Frederick Planning Community which currently prohibits triplexes in the `R-5' zone experienced the third highest number of property standards violations in the City of Kitchener. 0f those violations only 3 out of the 62 total violations were attributed to multiple dwellings. This demonstrates that property standards viola#ions are prevalent in all types of housing and the prohibition of the triplex dwelling use will not resolve the number of property standards violations in a planning community. Number of Dwellings with Violations by Housing Type and Planning Community ~, 90 ~, 80 c .~ ~ l0 0 ;, fi0 a 50 ~ 40 c ..,. m 30 3 ~ 20 0 d 10 E D z ~ ch ~- c~ E ~ '~ O ~ N co w V a o ~ .o .~ m i a~ ~ f+ `o °. a~ o, ~_ L °~ = L ~ ~ U ~ •~ a~ ~ ~ m L ~ U ~ a o V U a~ _ •~ c U 00 N ro ~ ~- M '~ M O c') .1 ,_ ~ ~ ~ ~ ~ i +r ~". ~ 7 ~ V ~ L T t V ~./ 1~ C ~ w ro W N ~ o o °- ° ° U 3 '''' . ~ 3 0~ o 0 = U ' ~ ~ ~ ~ N N v C Y U ~ o W ~ ?~ 3 U © Y J ~ ~ O N N h ~ ~ I~ ... ~ ~- N r- `-' N `~ (~ 'Np o 0 v ~ ~ = 0 v ~ ~ ~ C p ~ ~ } f~ o ~, ro ~ ~ ~ Y c~ U > . c o 2 ~ ~ 0 U Planning Community 4.6 ^ Duplex 0 Multiple D Semi-De#ached Single Detached Current Official Plan Policies For the most part, the lands within the Central Neighbourhoods are guided by and subject to land use policies contained in Secondary Plans in the City's Official Plan. There are a few areas in the Central Neighbourhoods which are not guided by specific secondary plan policies and these lands are subject to the general policies in the Low Rise Residen#ial land use designation. An example is the Mount Hope-Huron Park Planning Community. It does not have specific secondary plan policies and relies on the 13 general land use policies of the `Low Rise Residential' land use designation. This land use designation permits a full range of housing types to a maximum of 25 units per hectare. Triplex dwellings are restricted to a maximum Floor Space Ratio of 0.6 and shall not exceed three storeys in height at street elevation. The land use policies for areas having a Secondary Plan are more detailed than the general residential land use policies in the plan and are specific to the neighbourhood which they pertain to. Triplex dwellings are currently permitted uses in the land use designations of the Secondary Plans of the Central Neighbourhoods in varying degrees as follows: Civic Centre Seconda Plan The Low Rise Residential Preservation designation permits conversions to triplexes where there is sufficient floor area, where the site is capable of providing off-street parking in accordance with zoning by-law requirements and where no structural alterations are required to the exterior of the building. Triplexes are permitted in the Low Rise Multiple Residential designation subject to a maximum Floor Space Ratio of 0.6 and in the Office-Residential Conversion designation where no major structural alterations are required to the exterior of the building. They are also permitted in the Low Density Multiple Residential, Medium Density Multiple Residential and the Medium Density Commercial Residential. Since 2000, there has been 1 building permit issued for a triplex, no new occupancy permits, 2 minor variance approvals and 15 property standards violations. Of those 15 violations, 6 were for single detached dwellings, 6 were for duplexes and 3 were for multiple dwellings. King Street East Secondary Plan Triplex dwellings are a permitted use in the Low Rise Residential Conservation, Low Rise Multiple Residential, Low Density Multiple Residential, Medium Density Multiple Residential and Low Density Commercial Residential designations Since 2000, there have been no building permits issued for triplexes, 3 new occupancy permits issued for triplexes, 3 minor variance approvals and 16 property standards violations. Of those 16 violations, 10 were for single detached dwellings, 5 were for duplexes and 1 was for a multiple dwelling. Victoria Street Secondary Plan Triplex dwellings are a permitted use in the Low Rise Conservation, Low Rise Multiple Residential, Low Density Multiple Residential and the Medium Density Multiple Residential designations. This secondary plan pertains to only a portion of the Cherry Hill Planning Community. The other portion of this planning community is not subject to a secondary plan. Since 2000, there were 2 building permits issued for triplexes, 3 occupancy permits issued for triplexes, 4 minor variance approvals and 35 property standards violations. Of those 35 violations, 2l were for single detached dwellings, 4 were for duplexes and 4 were for multiple dwellings. Mill Courtland-Woodside Park Secondary Plan ~.. _., Triplex dwellings are a permitted use in the Low Rise Residential Conservation, Low Density Multiple Residential, Medium Density Residential, Low Density Commercial Residential, Medium Commercial Residential, and Community Institutional designations. 14 Since 2000, there has been 1 building permit issued for a triplex, 5 occupancy permits issued for triplexes, 1 minor variance approval and 64 property standards violations. Of those 64 violations, 41 were for single detached dwellings, 14 were for duplexes and 9 were for multiple dwellings. Victoria Park Seconda Plan Preservation of the built scale of development shall be encouraged and the conversion of existing housing stock to create multiple dwellings shall be at no greater scale and intensity of development occurring as of July 14, 1988 in the Low Rise Conservation designation. Triplexes are permitted in the Low Rise Multiple Residential designation subject to a maximum Floor Space Ratio of 0.6. They are also permitted in the Low Density Multiple Residential and Medium Density Multiple Residential designations. Since 2000, there has been 1 building permit issued for a triplex, 3 occupancy permits issued for triplexes, 2 minor variance approvals and 35 property standards violations. Of those 35 viola#ians, 20 were for single detached dwellings, 8 were for duplexes and l were for multiple dwellings. K-1N Hospital Secondary Plan Preservation of the built scale of development shall be encouraged and the conversion of existing housing stock to create multiple dwellings shall be at no greater scale and intensity of development occurring as of July 16, 1981 in the Low Rise Conservation designation. Triplexes are also permitted in the Low Rise Multiple Residential and the Low Density Multiple Residential designations. Since 2000, there have been no building permits issued for a triplex, 1 occupancy permit issued for a triplex, 2 minor variance approvals and 41 property standards violations. Of those 41 violations, 26 were for single detached dwellings, 11 were for duplexes and 4 were for multiple dwellings. North 1Nard Secondary Plan Triplex dwellings are prohibited in the Low Rise Conservation `A" designation of the plan but are permitted in the Low Rise Multiple Residential designation to a Maximum Floor Space Ratio of 0.6, They are also permitted in the Low Density Multiple Residential and Mixed Industrial-Residential designations. Since 2000, there have been no building permits issued for triplexes, no occupancy permits issued for triplexes, no minor variance approvals and 7 property standards violations. All l of the violations were for single detached dwellings. Central Frederick Secondary Plan Only existing triplexes in compliance with the Zoning By-law are permitted in the Low Rise Conservation `A' designation. Triplexes are permitted in the Low Rise Conservation `B' designation provided existing scale and density of the area occurring as of June 12, 1989 is maintained. Triplexes are also permitted in the Low Rise Multiple designation to a maximum Floor Space Ratio of 0.6 and in the Low Density Multiple Residential, Medium Density Multiple Residential, Office-Residential Conversion, Low Density Commercial-Residential, Medium Density Commercial-Residential, and Community Institutional designations. Since 2000, there have been 2 building permits issued #or triplexes, 2 occupancy permits issued for triplexes, 1 minor variance approval and 61 property standards violations. Of those 61 violations, 43 were for single detached dwellings, 15 were for duplexes and 3 were for multiple dwellings, 15 Cedar Hill Secondary Plan Triplex dwellings are a permitted use in the Low Rise Residential Conservation and Law Rise Multiple Residential designations. However in 2005 the City adopted an Official Plan amendment to require that new duplexes and multiple dwellings with less than 6 units are encouraged to be owner occupied, that new multiple dwelling units be designed with a minimum floor area of 85 square metres and contain no more than 2 bedrooms and that new lodging houses, crisis care facilities and group homes not be permitted. The lands within the Cedar Hill Secondary Plan were also rezoned at that time to limit new as-of-right residential development to single detached dwellings. Any residential development, excluding new single detached dwellings, is to be considered on a site by site basis, through site specific zoning amendments. The lands within the Cedar Hill Secondary Plan are not subject to Interim Control By-law 2007-130. Other Areas in the Central Neighbourhoods As noted previously there are other areas in the Central Neighbourhoods that are not affected by secondary plan policies. They are the Mount Hope-Huron Park Planning Community, the Fairfield Planning Community, the Auditorium Planning Community, the Eastwood Planning Community, the Rockway Planning Community, the St. Mary's Hospital Planning Community, the Southdale Planning Community, the Meinzinger Park- Lakeside Planning Community, and portions of the Cherry Hill, Westmount and Victoria Hills Planning Communities. Of these planning communities located outside of the secondary plans, there are have been only a few planning communities that have seen new triplexes established since 2000. With respect to the Mount Hope-Huron Park Planning Community, since 2000 there have been 2 building permits issued for triplexes, 3 occupancy permits issued for triplexes, 6 minor variance approvals and 79 property standards violations. Of those 79 violations, 43 were for single detached dwellings, 28 were for duplexes and 8 were for multiple dwellings. With respect to the Auditorium Planning Community, since 2000 there has been 1 building permit issued for a triplex, 2 occupancy permits issued for triplexes, 1 minor variance approval and 3 property standards violations. Of those 3 violations, 2 were for single detached dwellings and 1 was for a multiple dwelling. The numbers for the Cherry Hill Planning Community were discussed previously under the Victoria Street Neighbourhood Secondary Plan. With respect to the St. Mary's Hospital Planning Community, since 2000 there has been 1 building permit issued for a triplex, 1 occupancy permit issued and 25 property standards violations. Of those 25 violations, 16 were for single detached dwellings, 4 were for duplexes and 5 were for multiples. If we look at the number of building and occupancy permits, these other areas are not experiencing any more new triplexes than those areas with detailed secondary plan policies. 16 Although the Mount Hope-Huron Park Planning Community experiences the greatest number of property standards violations, it was evident through the review of property standards violations that they are prevalent in all types of housing. There were 11 minor variances approved for triplexes in the planning communities not affected by secondary plan policies and 11 minor variances approved for the areas of the Central Neighbourhoods affected by secondary plan policies. 4.7 Site Plan Control The construction of a new triplex dwelling or the conversion of an existing building to a triplex dwelling may be subject to site plan control. This means that a property owner must obtain site plan approval before any construction or conversion takes place. Site plan approval is intended to ensure that the site will meet all zoning requirements and that it will be developed to an appropriate standard whereby the use can function appropriately on the lot. Over the last number of years, many of the triplex conversions did not require site plan approval because no new construction or no new parking area was being created to facilitate the conversion. These conversions are currently exempt from the site plan approval process. This was particularly true of the creation of new dwelling units in buildings which did not have a minimum 51 square metres of floor area. Currently, if a new dwelling unit does not have a gross floor area of 51 square metres or more, they do not require an additional parking space to be provided on site. If they do not require a new parking space then the existing parking arrangement on the lot is satisfactory to permit the conversion and accordingly no site plan approval is required. As part of the review of the zoning requirements for multiple dwellings containing 3 dwelling units, Planning staff are proposing that they no longer be able to take advantage of the reduced parking requirement for small units under 51 square metres. Instead, Planning staff are recommending that a triplex dwelling must be able to provide 3 parking spaces on site. If 3 parking spaces do not currently exist on the site, this will trigger site plan approval for the conversion. Through this process staff will also be able to ensure that an appropriate landscapedlamenity area is provided and that there is appropriate screening andlor buffering of the parking area from adjacent residential uses. 5.0 Provincial Policies Framework: PPS (2005} and Places Ta Grow (2006} In March 2405, the new Provincial Policy Statement (PPS) came into effect. The PPS 2045 states that healthy, liveable 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, employment recreational and open space uses to meet long-term needs; c) avoiding development and land use patterns which may cause environmental or public health and safety concerns; e} promoting cost-effective development standards to minimize land consumption and servicing costs; Land use patterns in the settlement areas (built-up areas) shall be based on a range of uses and opportunities for intensification and redevelopment. Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can 17 be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing planned infrastructure and public service facilities required to accommodate projected needs. With respect to housing, Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by permitting and facilitating all forms of housing required to meet social, health and well-being requirements of current and future residents, and all forms of residential intensification and redevelopment. Planning authorities must also establish development standards for residential intensification redevelopment and new residential development which minimize the cast of housing and facilitate compact form, while maintaining appropriate levels of public health and safety." Just prior to the adoption of Interim Control By-law 2005-154, the Places To Graw Plan came into effect in June of 2006, The Places to Grow Plan states that population and employment growth will be accommodated by directing a significant portion of new growth to the built-up areas of the community through intensification and by focusing on intensification areas. By the year 2015 and for each year thereafter, a minimum of 40% of all residential development occurring annually within each upper-and single-tier municipality must be accommodated within the built-up area. Intensification is defined in the Places To Grow Plan as follows: "The development of a property, site or area at a higher density than currently exists through: a} redevelopment, including the reuse of brownfield sites b} the development of vacant andlor underutilized lots within previously developed areas; c} infill development; or d) the expansion or conversion of existing buildings." By June 2009 all municipalities must develop and implement through their official plans and other supporting documents, a strategy and policies to phase in intensification and achieve the intensification target. This strategy and policies will: "i} encourage intensification generally throughout the built-up area ii) facilitate and promote intensification iii) identify the appropriate type and scale of development in intensification areas iv} plan for a range and mix of housing, taking into account affordable housing needs v) encourage the creation of secondary suites throughout the built-up area" 18 6.4 Summary of Research As noted earlier in the report it was evident through the analysis of the data collected through the written submissions in December 2005 and through the Open Houses in January of 2006 that the residents of Kitchener were seeking: • A balance of triplexeslrental housing and family-oriented housing in neighbourhoods; • Newly constructed or triplex conversions that are built well, and will not cause negative impacts on the community; and, • improved enforcement of existing property standards, by-laws, etc Even within the Mount Hope-Huron Park neighbourhood 52% of the written submissions stated that their preference was not to prohibit triplexes, provided that the parking issues were dealt with and lot and house size are of an appropriate size for a triplex. It was also noted that the most prevalent concerns with respect to triplexes were off- street parking and neighbourhood character. It is also recognized that some members of the community would prefer an outright ban on triplexes in the `R-5' zones. There were at least a couple of individuals who expressed this viewpoint emphatically to Planning Staff at the Neighbourhood Mobilization Alliance meeting in September of 2001. With respect to the number of building permits, the number of occupancy permits, the number of minor variances, the number of property standards violations related to triplexes, none of the new research indicated that prior to the adoption of the interim control by-law, that the triplex use was increasing in prevalence or being a nuisance to a point where it needed to be prohibited. As Planning staff, noted there were up to four controversial minor variance applications in the Mount Hope-Huron Park neighbourhood which sparked the concern over the triplex use. In reviewing the areas of the Central Neighbourhoods with more detailed secondary plan policies, it was n.ot evident that these policies have been effective in dealing with the concerns that have been expressed over triplexes. Research from other municipalities indicated that the City of Kitchener zoning requirements are comparable to those in other municipalities. It had been suggested at one of the neighbourhood meetings that triplexes built as such were different than those buildings that were converted afterwards. Other municipalities have recognized that this is the case. In those municipalities zoning requirements were actually greater in lot area and width for newly built triplexes while the zoning requirements for lot area and width were much less for conversions. Reduced zoning requirements for conversions in the City of Kitchener would actually reduce the number of minor variance applications and possibly facilitate more triplex conversions. Through this study, Planning staff did not feel that a distinction in the zoning requirements for newly built triplexes and triplex conversions would be beneficial and resolve the concerns of off-street parking and neighbourhood character which were identified in 2006. The PPS 2005 and the Places To Grow Plan support intensification provided appropriate levels of public health and safety are maintained and the scale of development is also appropriate. Prohibition of the triplex use would not be in keeping with the provincial policies and directives with respect to intensification. Planning staff are of the opinion that the triplex use is appropriate where the existing property and building can support 19 such use without negatively impacting abutting properties and the character of the neighbourhood. Residential intensification can be a very desirable form or development and meets the intent and objectives of the 2005 PPS and 2006 Places To Grow. 7.0 Recommendations -Proposed Policies and Regulations In conclusion to the triplex study, Planning staff are recommending that the triplex use, a multiple dwelling containing not more than 3 dwelling units, continue to be a permitted use in the `Residential Five Zone (R-5}'. Past public consultation on the triplex issue and new research and findings demonstrate that the challenges being experienced in the Central Neighbourhoods are not primarily attributed to triplexes. Therefore there is little basis to suggest that the triplex use should be prohibited. Planning staff are of the opinion that if the building has been constructed or converted in an appropriate manner it can be a desirable form of intensification. Triplex dwellings can provide an alternate form of housing choice in the Central Neighbourhoods and these dwelling units can also be affordable. Accordingly, what Planning staff intend to do through the proposed official plan policies and regulations is to try and deal with the two most prevalent concerns addressed through the January 2006 Open Houses. They are off-street parking and neighbourhood character. The official plan changes are proposed to Part 2 of the plan which affects all residential areas in the Central Neighbourhoods and within the City of Kitchener. By affecting change in this section of the plan, all lands regardless of having secondary plan policies, will be subject to a uniform standard of design where a triplex is proposed. 7.1 Off-Street Parking As discussed earlier in the report, the City of Kitchener Zoning By-law requires one parking space per dwelling unit for multiple dwellings with 3-6 dwelling units. However, if any of the dwelling units is less than 51 square metres in floor area, then a parking requirement of 0.165 spaces per unit applies. In the case of a multiple dwelling containing 3 dwelling units, depending on the number of small units, the parking requirement could be 0 parking spaces to 3 parking spaces. This has the potential to cause problems as a property owner could feasibly build a new triplex or convert an existing building to a triplex and not be required to provide any parking on site. if tenants had vehicles, they would be forced to park them on the street or in locations on the property that were not legal parking spaces. Residents identified this as a concern and Planning Staff concur. Tenants can have cars and by not being required to provide any parking on site if the units are under the 51 square metres, this has the potential to cause adverse impacts to abutting properties and the neighbourhood. Planning staff are proposing that the minimum parking requirement for multiple dwellings containing a maximum of 3 dwelling units be 3 parking spaces regardless of the size of the dwelling units within the building. This means that triplexes can no longer take advantage of the 0.165 parking requirement if they have any units less than 51 square metres. Every triplex will be required to provide at least 3 parking spaces. In 2006, Planning and Transportation Planning staff jointly completed a parking study which looked at the parking requirement as it relates to dwelling units less than 51 20 square metres. The recommendations coming out of that study suggested that the zoning by-law be amended to only allow 60% of dwelling units in a building or multiple type of development to be able to take advantage of the reduced parking requirement for small dwelling units. Planning staff would like to incorporate those recommendations by also amending the zoning by-law to only allow 60% of dwelling units in a multiple dwelling containing 4 or more dwelling units to be able to take advantage of the reduced parking requirement. 7.2 Neighbourhood Character The City of Kitchener currently has policies on encouraging and providing opportunities for the creation of additional housing through conversion, infill and redevelopment. Through this study, Planning staff has suggested that the existing policies be removed from the `Housing Supply' section of the Official Plan and moved to a new section entitled `intensification and Redevelopment'. Although these policies do reflect the need to provide additional housing, they support the initiatives and policies of the PPS and Places To Grow with respect to intensification and redevelopment. By creating a new subsection in the Housing section, the Official Plan clearly identifies that intensification and redevelopment are an important way to promote sustainable communities. This being the case, it is also important to recognize that new residential buildings and additions need to be sympathetic to the existing built environment. Within the Housing Supply section, Planning Staff have suggested a more generic policy which is reflective of the PPS and Places To Grow which states that the City will identify opportunities for residential intensification and redevelopment as acost-effective means to reduce infrastructure and servicing costs and to minimize land consumption. As an additional measure to promote good neighbourhood quality, Planning Staff have created another new section entitled `Planning Approvals Review'. The purpose of the policies in this section is to encourage consistent and compatible design with the existing built form. Where property owners are requesting special zoning requirements or minor variances to be able to implement a particular proposal, new policies have been created in order to help in the review of their appropriateness. The new Official Plan policies also give direction to proposed new zoning requirements related to the size and location of additions to triplex dwellings and for a proposed new zoning requirementfor a minimum amount of landscaped area on a property. Like the zoning requirements for multiple dwellings in the City's `R-6' zone, Planning Staff are recommending that a minimum landscaped area of 20°lo be required to be provided on each property. This minimum landscaped area should ensure some green area is provided on site thereby contributing to the aesthetic quality of the neighbourhood at the same time as providing outdoor amenity space for the occupants. Properties proposed to be developed for triplexes will need to ensure that they can provide the required parking as well as the required landscaped area. Official Plan policies will guide requests for reductions in landscaping and parking to ensure that the site can function appropriately and not adversely impact abutting properties. The `R-5' zone is also proposed to be amended to require that the size of any new additions or expansions to triplex dwellings be limited to a maximum of 25% of the ground floor area of the building's ground floor area existing as of May 1, 2006. This date was chosen as the latest City of Kitchener air photos were taken sometime in April 2006. Also these additions and expansions will only be permitted to the rear of the existing building or the rear two thirds of the side of the existing building and prohibited 21 in any front yard and side yard abutting a street. These new regulations should ensure that any changes to triplex dwellings will maintain the character of existing streetscape. Through the public consultation, concern was expressed that property owners of single detached dwellings and duplex dwellings were constructing additions with a view of converting them to a triplex. Unfortunately, this is something that is impossible to regulate effectively without imposing an unreasonable burden on all homeowners. Additions can be built onto single detached dwelling and duplex dwellings with no future plans for conversion. In this case, those changes and alterations are beyond the scope of this triplex study. New policies and zoning requirements for additions and alterations to single detached dwellings and duplex dwellings not only affect those dwellings in the `R-5' zone in the Central Neighbourhoods but those types of dwellings in all zones in the suburban neighbourhoods as well. Given this type of change would have aCity-wide effect, this issue will have to be reviewed in the context of the larger Official Plan Review. Although Planning Staff are not recommending any changes to the zoning requirements for single detached dwellings and duplex dwellings with respect to the locations of new buildings, additions and expansions, the new policies that are proposed to be added to the City's Official Plan will guide the review of any required special zoning requirements or minor variances that may be required in order to facilitate their development in neighbourhoods. The primary goal of this triplex study has been to balance the new policies of the PPS and Places To Grow and the new direction for growth while recognizing that inappropriate conversions of singles and duplexes to triplexes do cause concerns for neighbourhoods. These include a number of concerns but primarily off-street parking and neighbourhood character (destruction of the streetscape} were identified as being top concerns. By amending and tightening the official plan policies and zoning requirements, Planning Staff can address the concerns of off-street parking, streetscape and neighbourhood ,character and by doing so, can expect to help address the other concerns aver triplexes which cannot specifically be regulated by planning policies ar regulations. 8.0 Presentation of Findings and Recommendations -April 23, 2aa8 8.1 Meeting AttendanceNVritten Submissions On April 2, 2008, Planning staff mailed out 4,086 letters to property owners affected by the interim Control By-law advising of a meeting on April 23, 2008 to discuss the findings and recommendations of the draft report of the triplex study. A copy of the draft report was posted on the City's website for information and review. As a result of the mail out, Planning staff received numerous phone calls mainly inquiring as to the purpose of the mail out and April 23~d meeting and 4 written submissions. On April 23, 2008 Planning staff presented the findings and recommendations of a draft report of the triplex study to those persons with properties affected by the Interim Control By-law. There were 74 persons that signed into the meeting and their numbers are broken down by Planning Community in the chart below. If we add the number of written submissions on top of the attendees Planning staff heard from 95 residents. The Planning Community with the greatest number in terms of representation was the Mt. Hope-Huron Park Planning Community with 36 persons. They represented 5% of the property owners affected by the interim control by-law. In total we heard from 2.4% of the property owners affected by the interim control by-law. 22 Planning Community # of Persons Who Attended April 23rd Meeting Total # of Persons and Written Submissions Received # of Properties Affected by Interim Control By-law # of Persons and Submissions in relation to total properties affected - °I° of Representation by Planning Communit Address Outside City of KitchenerlNo Address 5 6 Unknown Unknown 2: Civic Centre 4 4 154 2.6% 3: King East 5 ? 265 2.6% 4: Cedar Hill 2 4 263 1.5% 5: Mill-Courtland- Woodside Park 10 11 689 1.6% fi: St. Mary's Hospital ~ 1 273 0.3% 7: Victoria Park 3 3 432 0.7% 8: Cherry Hill 3 3 241 1.2% 9: K-W Hospital 6 8 497 1.6% 10: Mt. Hope-Huron Park 23 36 725 5% 11;Fairfield 1 1 37 2.?°1° 12; Northward 1 1 26 3.8% 13: Central Frederick l 7 62 11.3% 14: Auditorium 0 0 27 0% 15; Eastwood 0 0 17 0% 17: Southdale 0 0 252 0% 21: Westmount 1 1 0 NIA 42: Pioneer Park 1 1 0 N1A 27: Laurentian Hills 1 1 0 N1A Total l4 95 3960 2.4% ~f the l4 persons that attended the information meeting, 10 persons spoke in opposition to the triplex use and 1 person spoke in support. Also, after the meeting Planning staff received 1 email and 3 phone calls from persons who had attended the meeting and were supportive of the recommendations in the draft study but were not comfortable speaking at the meeting with triplex opponents in attendance. 8.2 Additional Information -Dwelling Unit Breakdown Many of the persons at the meeting inquired as to the total number of existing triplex dwellings in the planning communities for a couple of reasons. First they felt it would be helpful with respect to understanding the information that was provided in terms of property standards violations and second they felt that this information would be helpful in assisting to determine the optimum number of triplexes in any one planning community. The following chart provides a unit breakdown of the `R-5' zoned properties in each Planning Community. The residential category (Res.) is made up of properties that did not identify themselves as a particular type of residential dwelling. Also, there may be inaccuracies in the reporting of dwelling type among the other categories. 23 Planning Community Commercial) Res. Res. Semi Multiple Duplex Single Total 2: Civic Centre 1 4 25 40 84 154 3: King East 1 2 5 52 205 265 4; Cedar Hill 4 2 17 43 55 142 2fi3 5: Mill-Courtland- Woodside Park 7 22 31 69 560 689 6: St. Mary's Hospital 4 3 4 15 21 226 2l3 7: Victoria Park 8; Cherry Hill 2 2 1 3 l 3 19 10 l3 35 330 188 432 241 9: K-W Hospital 1 2 28 24 5l 385 49l 10: Mt. Hope-Huron Park 9 5 7 34 119 551 725 11: Fairfield 5 2 30 37. 12: Northward 1 1 24 26 13: Central Frederick 14: Auditorium 1 4 14 3 11 4 32 20 62 27 15: Eastwood 1 2 14 17 1l. Sauthdale Total 24 25 29 127 11 240 14 555 198 2989 252 3960 If we look at the composition of dwelling types in relation to the numbers of property standards violations, Planning staff agrees that the number may be proportionate to the dwelling type. However, what Planning staff was trying to convey with the property standards violations information, is that the violations are not dwelling type specific. As noted previously in the report, the Central Frederick Planning Community which currently rohibits triplex dwellings on a majority of `R-5' zoned properties has the 3~d highest p report of property standards violations. The point was that property standards violations are prevalent among all housing types. The prohibition of triplex dwellings would not significantly reduce the total number of property standards violations in any Planning Community. Even if the property standards violations were proportionate to housing type, recommending prohibition of triplex dwellings based on numbers of violations would mean a prohibition based on tenant behaviour which is not supported by the Planning Act. As a result additional analysis on property standards violations was not undertaken. With respect to the concernlissue on the total number of existing triplex dwellings and the optimum number of triplex dwellings, Planning Staff reviewed the existing number of triplex dwellings in each Planning Community and the potential for future triplex dwellings. The following chart provides the number of existing triplex dwellings and the number of properties, which are not currently developed as a triplex, but meet both the minimum lot area and minimum lot width requirements for a triplex dwelling in the `R-5' zone Planning Community Existing Numberof Triplex Dwellin s Numberof Properties That Have Min.495 sq. m. lot area and Min. 15 m lot width based on MPAC Data Potential Tri lex Pro ernes 2; Civic Centre 25 fig 3: King East 5 69 4; Cedar Hill 43 95 5: Mill-Courtland-Woodside Park 31 212 6; St. Mary's Hospital 15 85 24 7: Victoria Park 19 123 8: Cherry Hill 10 122 9: K-W Hospital 24 106 10: Mt, Hope-Huron Park 34 2l0 11:Fairfield 5 29 12: Northward 0 3 13: Central Frederick 14 10 14: Auditorium 3 $ 15: Eastwood 1 16 17: Southdale 11 128 The number of potential properties, as noted in the chart above, includes existing semi- detached dwellings, duplex dwellings and single detached dwellings. They would have the potential to be converted to a triplex use provided all other zoning requirements were met. The minimum lot area and minimum lot width information was obtained using MPAC information. It should be noted that there may be inaccuracies with the reporting of this information and the number of potential triplexes could be higher or lower than the numbers that were generated. The total number of properties that would have the potential to contain a triplex is of course a maximum number case scenario. Some, perhaps many of these properties would not be able to accommodate a triplex because other zoning requirements could not be met or because the property andlor building configuration is not suitable. Also some owners, despite having the minimum lot area and lot width requirements, would have no interest in converting their property to a triplex. Many of the properties would also be eliminated with the adoption of the new zoning regulations for a minimum 20% landscaped area and the provision of on-site parking. Given all the variables on potential conversions, Planning Staff is of the opinion that current numbers of potential triplexes in any one community is acceptable especially if the triplexes are integrated appropriately in the neighbourhood. 8.3 Summary of Comments on Proposed Recommendations Planning staff are proposing that triplexes remain a permitted use in the `R-5' zone but that the policies and regulations are tightened so that any new triplexes in neighbourhoods should not adversely impact abutting properties or the character of the streetscape. Planning staff did not receive a lot of written or verbal input on the new official plan policies or new zoning regulations proposed through this study. What Planning Staff did hear was that the triplex use is not appropriate in some planning communities and that it should continue to be prohibited. Some of the residents feel that the Committee of Adjustment is approving conversions to triplexes that will negatively impact the neighbourhood in which they live. They are of the opinion that no new policies or zoning regulations will resolve this concern. There was much discussion on the analysis that was undertaken by Planning Staff of the property standards violations and on the lack of analysis on the total number of existing and proposed triplex dwellings in the Planning Communities. Of the 28 written submissions received from property owners, 23 of the submissions from residents in the Mt. Hope-Huron Park and K-W Hospital Planning Communities were identical in requesting that the recommendations of the triplex study report be amended to include that single or duplex conversions be owner occupied or that the 25 conversions of singles and duplexes to triplexes be prohibited. However, neither of the recommendations has planning rationale that Planning staff can support if challenged at the Ontario Municipal Board. It is our professional opinion that the triplex use is a beneficial and appropriate form of housing if it is done well and fits in with the neighbourhood. The new policies and regulations will allow new triplexes to establish themselves at a higher standard than previously permitted and should eliminate the inappropriate conversions which cannot provide a property amenity area and on-site parking for tenants. The contents of this report will be considered at Development and Technical Services Committee May 26, 2008. 26 Appendix `A' Bold Italic Text -~ Existing policies that have been relocated within the .Mousing Section Bold text --Proposed new textlpolicieslregulations 1. Housing Qne of the most important functions of municipal governments is to assist in the provision of suitable, affordable and attractive accommodation for all its residents. In its consideration of housing needs, the City will take into account variations in residents' circumstances, including but not limited to age, gender, lifestyle, household and family structure and size, household income and physical and mental health and ability. The City will consider not only the characteristics of housing which might address those needs, but also the appropriatenessond quality of the community settings in which housing is being delivered. Objectives i) To provide opportunities for a wide variety of housing options with the aim that all residents in the City of Kitchener in all income ranges are able to afford adequate safe and good quality housing in an appropriate community setting which meets their needs. ii) To increase housing supply consistent with needs. 111) To support the maintenance and rehabilitation of existing housing stock. iv} To support a high quality of life in residential neighbourhoods. l , l Variety and Integration 1. The City favours a land use pattern which mixes and disperses a full range of housing types both across the City as a whole and within neighbourhoods. To support the successful integration of different housing types the City shall apply principles of community and site design emphasizing compatibility of building form, with respect to massing, scale, design and the relationship of housing to adjacent buildings, streets and exterior areas and ensure that both appropriate parking areas and appropriate landscaped areas are provided on site. 2. The City supports the principle that housing assistance be provided to members of the community who have the greatest difficulty paying for housing and that this assistance be provided in the most timely and cost efficient manner. The City in cooperation with Provincial and Regional agencies, private landlords, and builders and community groups shall continue to utilize existing programs and seek improved and cost effective Provincial assistance in such areas as non-profit housing, rent supplement, shelter allowances and affordable home ownership. 27 3. The City recognizes the existence of a need for lodging houses, garden suites and residential care facilities and supports the integration of these housing types at appropriate locations in all residential areas. 4. The City shall support and attempt to accommodate residents who wish to adapt their housing needs that change over time. 5. In order to facilitate diversity in employment options the City shall allow residents to operate businesses as a secondary us to the primary residential use provided they: i) Do not generate nuisance such as noise and traffic and parking problems in the immediate area: and ii} Do not visually detract from the residential character of the neighbourhood. 1.2 Housing Supply l , The City shall ensure that at least a ten year continuous supply of designated residential lands be available to meet the demand for new housing of all types. In addition, the City shall maintain at least a continuous three year supply of a combination of draft approved andlor registered lots. 2, The City shall identify and promote opportunities for residential intensification and redevelopment as acost-effective means to reduce infrastructure and servicing costs and to minimize land consumption. 3. within and adjacent to nodes and, to a lesser extent, along corridors the City shall generally not permit changes in land use designation and zoning that would have the effect of reducing employment opportunities or housing density. l .3 Maintenance and Rehabilitation 1. The City shall support and encourage the ongoing maintenance and stability of the existing housing stock in the community by: i) Supporting the reuse and adoption of the housing stock through renovation, conversion and rehabilitation; and ii) Supporting the community access to Federally and Provincially funded programs for the rehabilitation and repair of housing. 1.4 Neighbourhood Quality 1. The City is strongly committed to excellence in community design as a way of creating and maintaining pleasant, attractive and functional neighbourhoods. The City shall take an active role in identifying, evaluating, developing and implementing improved community design approaches. 28 2. The City shall work with local housing producers to identify and encourage innovative housing types and designs in Kitchener. 3, The City favours community design and site development which make housing accessible to all residents regardless of their physical developmental and sensory abilities. 4. Neighbourhoods shall have a range of community, institutional and commercial establishments to serve the needs of residents. 'Where possible these establishments shall be grouped together to encourage the development and sharing of complementary facilities and programs, and to create a centre of identity and convenience within the neighbourhood, 5. The City of Kitchener shall safeguard the integrity of residential uses which are adjacent to industry, commercial or institutional buildings or complexes through screening, berming, fencing or landscaping. Further, the City shall encourage the separation of industrial traffic from residential traffic where possible. 1.5 Intensi nation and Redevelopment 1. The City will encourage and provide opportunities for the creation of additional housing in existing developed areas, through conversion, infill and redevelopment as an appropriate response to changing housing needs and to make better use of existing infrastructure and public service facilities. 2. The City shall endeavour to ensure that housing being created in existing areas is of good quality in terms of health and safety and is maintained according to the City's Property Standards By-law. 3. Any new residential buildings, additions to existing residential buildings, modi ications to existing residential buildings and conversion in predominantly low density neighbourhoods shall be consistent with the massing, scale, design and character of that neighbourhood and both appropriate landscaped areas and appropriate parking areas are provided. 4. The City shall endeavour to ensure that additional housing in the existing built-up areas can be adequately supported by monitoring the quantity of new housing added to these areas to assess its impact on the adequacy of municipal services including the capacity of the physical infrastructure. ~.6 Planning Approvals Review 1. To ensure consistency and compatibility with the existing built form and the character of established neighbourhoods, through the review of an application for zone change or .minor variance, the City may require a site plan and elevation drawings to demonstrate that the proposed development is compatible with respect to building massing and height, building orientation, architectural design, and appropriate landscaping, screening and/or buffering to address the relationship to and the privacy of adjacent residential development. 29 2. Where special zoning regulations or minor variances are requested or proposed to facilitate residential intensi rcation or a redevelopment of lands, the overall impact of the special zoning regulations or minor variances shall be reviewed to ensure the following: i} Any new buildings and any additions and/or modifications are appropriate in massing and scale and are compatible with the built form and character of the neighbourhood. ii) Front yard setback reductions may be considered for new buildings in established neighbourhoods provided the front yard setback is similar to adjacent properties and supports and maintains the character of the streetscape. iii) New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or moth zcation is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of th a streetscape. iv) New buildings, additions, moth nations and conversions, are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts. v) The lands can function appropriately and not adversely impact adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscaped/amenity area an the site. vi) The impact of each special zoning regulation or variance wilt be reviewed prior to formulating a recommendation to ensure that a deficiency in one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and community design and does not create further zoning deficiencies. 30 Appendix `B' Section 39 Residential Five Zone (R-5) Section 39.2.4 For Multi le Dwellin and Lod in House Minimum Lot Area Minimum Lot width Minimum Front Yard Minimum Side Yard Abutting Street 495 square metres for each dwelling 15 metres 4.5 metres, 6 metres for off-street parking Minimum Side Yard Building Height Not Exceeding 9 metres Building Height Exceeding 9 metres Minimum Rear Yard Maximum Building Height Maximum Lot Coverage Multiple Dwelling Maximum Number of Dwelling Units Maximum Size of Lodging House Location of Lodging Houses Off Street Parking Minimum Landscaped Area 1.2 metres or a) 0-0.2 metres and Min.1.5 metres b} 0-0.2 metres and Min 2.5 metres c) 3 metres where driveway on one side 7.5 metres 10.5 metres 55% Habitable Portion 45%, Accessory 15 3 Dwelling Units 8 residents Only 1 per lot. 400 metre separation distance In accordance with 6.1 of this By-law (see below amendment to 6.1) 20 Size of Additions/~xpansions The ground floor area of any addition or any expansion of an existing building to be used for the purpose of a multiple dwelling containing not more than 3 dwelling units shall not exceed 25% of the ground floor area of the building's ground Hoar area existing as of May 1, 200b. Location of Additions/Expansions Any additions or any expansion of the building shall only be permitted to the rear of the existing building or the rear two thirds of the side of the building and prohibited in any front yard and any side yard abutting a street. 31 Section d.1,2 a) Off Street Parking and Off Street Loading Multiple Dwelling Totaling 4 or more Dwelling Units and Containing Dwelling Units Having a Floor Area of Sl.o Square Metres or Less 0.165 spaces for each dwelling unit of such size provided however that this requirement shall not apply to more than 64% of all dwelling units on a lot. 32 Q1 ~ N ++ 4QT. d N ~ w y ~ +, n ~ ~ W ,c ~ Z _ t U ~, m ~ ~ w `m ~ 3 a~ 3 ~ ~ o ~ Z N N ~ ~ 0 a d .c m ~ ~ ro g a~ 'c a °o ~ ~ ~ ~' ~ a~ `m a~ ~ 4~ N C a a ~~ ~ ~ ~ y ~ o '~ 7 ~ t ~ o °' p 1 "a •~ ~ v C ~° N ~ "~O ~ 7 •~ o 3~ a 0 O a ~ o ~ ~ c ~° o N ~ ~ .m ~ ~ = m 5 C S ~ C~ _ ~ U V h. a a ~ = cn m m t7 ~ ~ m o N N cQ+l c9 M MM c~ ~ c~ 7 ~ p p C~ c~ ~ ~ t NV ~ ~ ~ p '~t i p ~V ~t ~ p to ~1 c ~ uN'f ~n ~ ~ a -o Q IIJJ 0 ~ a J N d ~ W ~ _ N ltG ' ~ _ _ _ ~ ~ ~ ~ ~ ~ = _' C 4 C ~ a ~ ~ U ~ N ~ V ~ C t ~ > ~ i ' C C ~ '' p~ Vj a ~ i N ~ ~ ~ C ~ ~ 7 ~ ~ V U ~ ~1 V ~ (I) ~ y V , ~ ~ I i Z Q W ~ U} ~ l ~ ~ = /r f~ ' Q r N M '~i' ~f7 fD N CO 0) p r r r N f4 r r ~ r u] r {0 r I~ 00 r r W r 0 r N N (N~ N ~~ yy N ~1 N N7 (~pp N N I~ N s ~ ~~ ~ o N o , ;~ a s ~ g ~ ~ o v N a ,~....~ ~ ~ ~ L NI 3'`'1 ~1 N v ~« '{W v~ T o i m [dry/ ~~~J , ~ i:r FFF~~I11 Y r ~ T c ~ ~~ h H C ~ ~ N 4~ U o c ~ a ~~ m o m u "c ~ a ~ d h ~ ~ ' ~ 0 Z• ~ M ~ U ~ O ~ ~ c ~ d a N ^ d ~ ~ ~ d ~ 4 (Y o u u we a~ a ~° ° ~ . Z .~ ~~ ~ ~ ~ m ~ ~, 0 ~^ ~a ~~hh U ~ UG O Z_ U ~N v~ Y W 4N ~. Y 7 E Z C u a ~ a ~ rn~ C G a 0 0 ~ 0 ~ ~ 0 ~ ; ~ j C G 3 {~ ~~ ~n~ ~ ~ ~ IE !G as t-o- ~. ~' °, ..,. ;, • ~ '. ~ § ~ s .A ~ 9 f,. ~„ ~ j ~ e I „~A l 1 ' _k t i 1. au ~~~ ... 1 A t u V. t~ '' :.. ,,~QY.~y ~~ c ~ , 6 ~ '' f ~'~ ~ x" T'1 t ~~~ ~ ~ ~ ~ ~ ~ ~ YW~ .. ` ` i y ~ ~r~ ~~pQQ ~pj,~ J,~! }k k.. .,,~ J S ~~ ~ C k ~ i ~ '~ A y ~t ~ ~ ~ ~ '~ ~ S , _ Vim, ~ ~ ~~ ~ r ~1}D~ ~ k ' ~ t , !^•t t~ t Sir f F ~u fi J~ ~ ~ ~ S ~t `l ~ ~ i." ~~ ~ d Yi ~M" ~ ID Y ~ ~4~1,i 9' r q ~1~ `~ ~ ~ ~ '~ r F~ W N s ~~~ ~~ e AMENDMENT N0. T4 THE UFFICIAL PLAN 4F THE CITY OF KITCHENER TRIPLEX STUDY AMENDMENT N0. T4 THE UFFICIAL PLAN OF THE CITY 4F KITCHENER TRIPLEX STUDY INDEX SECTION 1 TITLE AND COMPONENTS SECTION 2 PURPOSE OF THE AMENDMENT SECTION 3 BASIS OF THE AMENDMENT SECTION 4 THE AMENDMENT APPENDICES APPENDIX 1 Notice of Public Meeting of Development and Technical Services Committee -May 26, 2008 APPENDIX 2 Minutes of the May 26, 2008 Public Meeting of the Development and Technical Services Committee APPENDIX 3 Minutes of Council - , 2008 AMENDMENT N0. TO THE OFFICIAL PLAN OF THE CITY OF KITCHENER SECTION 1-TITLE AND COMPONENTS This Amendment shall be referred to as Amendment No. _ to the Official Plan of the City of Kitchener. Sections 1 to 4 inclusive of this document shall constitute the Amendment. SECTION 2 -PURPOSE OF THE AMENDMENT The purpose of the amendment is to provide policy and direction to guide the review of planning applications for zone change and minor variance to encourage consistent and compatible design of new construction and conversion of residential buildings with the existing built form. SECTION 3 -BASIS OF THE AMENDMENT Provincial Policy Statement/Places To Grow Plan In March 2005, the new Provincial Policy Statement (PPS) came into effect. The PPS 2005 states that healthy, liveable 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, employment recreational and open space uses to meet long-term needs; c} avoiding development and land use patterns which may cause environmental or public health and safety concerns; e} promoting cost-effective development standards to minimize land consumption and servicing costs; Land use patterns in the settlement areas built-up areas} shall be based on a range of uses and opportunities for intensif cation and redevelopment. Planning authorities shall identify and promote opportunities for intensification and redevelopment where this can be accommodated taking into account existing building stock or areas, including brownfield sites, and the availability of suitable existing planned infrastructure and public service facilities required to accommodate prof ected needs. With respect to housing, Planning authorities shall provide for an appropriate range of housing types and densities to meet projected requirements of current and future residents of the regional market area by permitting and facilitating all forms of housing required to meet social, health and well-being requirements of current and future residents, and all forms of residential intensification and redevelopment. Planning authorities must also establish development standards for residential intensification redevelopment and new residential development which minimize the cost of housing and facilitate compact form, while maintaining appropriate levels of public health and safety. Just prior to the adoption of Interim Control By-law 2005-154, the Places To Grow Plan came into effect in June of 2006. The Places to Grow Plan states that population and employment growth will be accommodated by directing a signi#icant portion of new growth to the built-up areas of the community through intensiflcationand by focusing on intensification areas. By the year 2015 and far each year thereafter, a minimum of 40% of all residential development occurring annually within each upper-and single-tier municipality must be accommodated within the built-up area. Intensification isdefined inthe Places To Grow Plan as follows: "The development of a property, site or area at a higher density than currently exists through: a) redevelopment, including the reuse of brownfield sites b) the development of vacant and/or underutilized lots within previously developed areas; c) infill development; or d) the expansion or conversion of existing buildings." By June 2009 all municipalities must develop and implement through their official plans and other supporting documents, a strategy and policies to phase in intensification and achieve the intensification target. This strategy and policies will: i) encourage intensification generally through-out the built-up area ii) facilitate and promote intensification 111) identify the appropriate type and scale of development in intensif cation areas iv) plan for a range and mix of housing, taking into account affordable housing needs v) encourage the creation of secondary suites throughout the built-up area Cit 's Official Plan The basis of the official plan amendment is to reorganize the existing residential policies related to conversion, infill and redevelopment into a new section called `Intensification and Redevelopment' so that they are more easily identifiable. The amendment also proposes a new section called `Planning Approvals Review' to require that new residential construction and conversion is consistent and compatible with the existing built form and the character of established neighbourhoods. where special zoning regulations or minor variances are required to facilitate residential intensification or a redevelopment of lands, the new official plan policies will provide guidance in terms of their impact and appropriateness in established neighbourhoods. Based on the foregoing, the Official Plan Amendment is considered appropriate fox the redevelopment and use of lands in the Central Neighbourhoods and in the City of Kitchener. The amendment is consistent with the objectives of the Provincial Policy Statement, Places To Grow Plan and complies with the Regional Official Policies Plan. SECTION 4 -~ THE AMENDMENT The Official Plan for the City of Kitchener is hereby amended by deleting Part 2.1 Housing and replacing it with the following: 1, Housing One of the most important functions of municipal governments is to assist in the provision of suitable, affordable and attractive accommodation for all its residents. In its consideration of housing needs, the City will take into account variations in residents' circumstances, including but not limited to age, gender, lifestyle, household and family structure and size, household income and physical and mental health and ability. The City will consider not only the characteristics of housing which might address those needs, but also the appropriateness and quality of the community settings in which housing is being delivered. Objectives i) To provide opportunities fox a wide variety of housing options with the aim that all residents in the City of Kitchener in all income ranges are able to afford adequate safe and good quality housing in an appropriate community setting which meets their needs. ii) To increase housing supply consistent with needs. 111) To support the maintenance and rehabilitation of existing housing stock. iv} To support a high quality of life in residential neighbourhoods. 1.1 Variety and Integration 1. The City favours a land use pattern which mixes and disperses a full range of housing types both across the City as a whole and within neighbourhoods. To support the successful integration of different housing types the City shall apply principles of community and site design emphasizing compatibility of building form, with respect to massing, scale, design and the relationship of housing to adjacent buildings, streets and exterior areas and ensure that both appropriate parking areas and appropriate landscaped areas are provided on site. 2. The City supports the principle that housing assistance be provided to members of the community who have the greatest difficulty paying for housing and that this assistance be provided in the most timely and cost efficient manner. The City in cooperation with Provincial and Regional agencies, private landlords, and builders and community groups shall continue to utilize existing programs and seek improved and cost effective Provincial assistance in such areas as non-profit housing, rent supplement, shelter allowances and affordable home ownership. 3. The City recognizes the existence of a need for lodging houses, garden suites and residential care facilities and supports the integration of these housing types at appropriate locations in all residential areas. 4. The City shall support and attempt to accommodate residents who wish to adapt their housing needs that change over time. 5. In order to facilitate diversity in employment options the City shall allow residents to operate businesses as a secondary us to the primary residential use provided they: i} Do not generate nuisance such as noise and traffic and parking problems in the immediate area: and ii) Do not visually detract from the residential character of the neighbourhood. 1.2 Housing Supply 1. The City shall ensure that at least a ten year continuous supply of designated residential lands be available to meet the demand for new housing of all types. In addition, the City shall maintain at least a continuous three year supply of a combination of draft approved andlor registered lots. 2. The City shall identify and promote opportunities for residential intensification and redevelopment as acost-effective means to reduce infrastructure and servicing costs and to minimize land consumption. 3. Within and adjacent to nodes and, to a lesser extent, along corridors the City shall generally not permit changes in land use designation and zoning that would have the effect of reducing employment opportunities or housing density. 1.3 Maintenance and Rehabilitation 1. The City shall support and encourage the ongoing maintenance and stability of the existing housing stock in the community by: i) Supporting the reuse and adaption of the housing stock through renovation, conversion and rehabilitation; and ii) Supporting the community access to Federally and Provincially funded programs for the rehabilitation and repair of housing. 1.4 Neighbourhood Quality 1. The city is strongly committed to excellence in community design as a way of creating and maintaining pleasant, attractive and functional neighbourhoods. The City shall take an active role in identifying, evaluating, developing and implementing improved community design approaches. 2. The City shall work with local housing producers to identify and encourage innovative housing types and designs in Kitchener. 3. The City favours community design and site development which make housing accessible to all residents regardless of their physical developmental and sensory abilities. 4. Neighbourhoods shall have a range of community, institutional and commercial establishments to serve the needs of residents. Where passible these establishments shall be grouped together to encourage the development and sharing of complementary facilities and programs, and to create a centre of identity and convenience within the neighbourhood. 5. The City of Kitchener shall safeguard the integrity of residential uses which are adjacent to industry, commercial or institutional buildings or complexes through screening, berming, fencing or landscaping. Further, the City shall encourage the separation of industrial traffic from residential traffic where possible. 1.5 Intensification and Redevelopment 1. The City will encourage and provide opportunities for the creation of additional housing in existing developed areas, through conversion, infill and redevelopment as an appropriate response to changing housing needs and to make better use of existing infrastructure and public service facilities. 2. The City shall endeavour to ensure that housing being created in existing areas is of good quality in terms of health and safety and is maintained according to the City's Property Standards By-law. 3. Any new residential buildings, additions to existing residential buildings, modifications to existing residential buildings and conversion in predominantly low density neighbourhoods shall be consistent with the massing, scale, design and character of that neighbourhood and both appropriate landscaped areas and appropriate parking areas are provided. 4. The City shall endeavour to ensure that additional housing in the existing built-up areas can be adequately supported by monitoring the quantity of new housing added to these areas to assess its impact on the adequacy of municipal services including the capacity of the physical infrastructure. l.d Planning Approvals Review 1. To ensure consistency and compatibility with the existing built form and the character of established neighbourhoods, through the review of an application for zone change or minor variance, the City may require a site plan and elevation drawings to demonstrate that the proposed development is compatible with respect to building massing and height, building orientation, architectural design, and appropriate landscaping, screening and/or buffering to address the relationship to and the privacy of adjacent residential development, 2. Where special zoning regulations or minor variances are requested or proposed to facilitate residential intensification or a redevelopment of lands, the overall impact of the special zoning regulations or minor variances shall be reviewed to ensure the following: i} Any new buildings and any additions and/or modifications are appropriate in massing and scale and are compatible with the built form and character of the neighbourhood. 11} Front yard setback reductions may be considered for new buildings in established neighbourhoods provided the front yard setback is similar to adjacent properties and supports and maintains the character of the streetscape, 111} New additions and modifications to existing buildings are to be directed to the rear yard and are to be discouraged in the front yard and side yard abutting a street, except where it can be demonstrated that the addition and/or modification is compatible in scale, massing, design and character of adjacent properties and is in keeping with the character of the streetscape. iv} New buildings, additions, modifications and conversions, are sensitive to the exterior areas of adjacent properties and that the appropriate screening and/or buffering is provided to mitigate any adverse impacts. v) The lands can function appropriately and not adversely impact adjacent properties by providing both an appropriate number of parking spaces and an appropriate landscapedlamenity area on the site. vi} The impact of each special zoning regulation or variance will be reviewed prior to formulating a recommendation to ensure that a deficiency in one zoning requirement does not compromise the site in achieving objectives of compatible and appropriate site and community design and does not create further zoning deficiencies. PRQP4SED BY-LAW May 9, 2008 BY-LAW NUMBER OF THE CORPORATION 4F 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 -Central Neighbourhoods Area -Triplex Study} follows: 1. WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as Section 39.2.4 to By-law Number 85-1 is hereby amended by adding the following regulations thereto as follows: "Minimum Landscaped Area Size of Additions or Expansions to an Existing Building Location of Additions or Expansions to an Existing Building 20% The ground floor of any addition or any expansion of an existing building shall not exceed 25% of the ground floor of the building's ground floor area existing as of May 1, 2006. Any addition or any expansion of the existing building shall only be permitted to the rear of the existing building or the rear two thirds of the side of the existing building and prohibited in any front yard and any side yard abutting a street." 2. Section 6.1.2 a) to By-law 85-1 is hereby amended by deleting the following: "Multiple Dwelling Containing 0.165 spaces for each dwelling unit of such size." Dwelling Units Having a Floor Area of 51.0 Square Metres or Less and replacing it with the following: "Multiple Dwelling Totaling 4 or 0.165 spaces for each dwelling unit of such size More Dwelling Units and provided however that this does not apply to more Containing Dwelling Units than 60°l0 of all dwelling units on a lot." Having a Floor Area of 51.0 Square Metres or Less -Page2- 3. This Bylaw shall come into effect only upon the approval by the Minister of Municipal Affairs, or his designate, of Municipal Plan Amendment No. ~ Triplex Study), but, upon such approval, the provisions hereof shall be deemed to have come into force on the date of passing thereof. PASSED in the Council Chambers in the City of Kitchener this day of , 2008. Mayor Clerk ^L` W N ~ ~ ~v c avi L ~. ° " o N C E ~ N 3 my a .~ ro c~ ~ u, o v t ~, c a N U 7+ m E ~ N ~ O E ~' U N U r11 C a ^ w vro m L U U a E vi ..+ we a rot >'. r ~ t ~ a «. ~ H a~ •. - c y o ~ c ro ~ c ~- ~ ~ ~ ~ C C C a~ ~ a~ a a c ~a ~ a~ ar c a v Y c ~ ~' ~ `~ o~ a a ~ ~ 0 ai o ro a ro N ~ r ~ .~ p l~ o c c t~ C~ 3 ~~ ° ~ x .~v ,_a cv v~ L ~++ •~ aa~ r o UI N r~ ~~ w- 0 a ro C m aE~ > o a. N p 3 ... p U C a a (U -00 v roc_y E ~, U ~ 'ate OU r~0 CC ` ~ ~ ~o~ ~ L o ~ ~ •~ Qf .~ xa~ yo ~ o ~. cn c -o vE a c o " L ~ Q ~ U •~ ,,, O ~ C ' {ll ~ ~ ~ r ~ N .0 ro E a co ro v a ra u~ a ~~ ~ _ .. ~ c •~ ~ ~ ~ U c E °'~a ~ L~ ~I `,~° C ~ ~ SCE mU ~ ~ L i+ w C' ~ ~ C~ ~ ~ t~ N « 00 ~ ~C V ~ Q tl iIl ~ ~ ~ ~ y~ ~ ~ o y ,~ ~ ~. 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