HomeMy WebLinkAboutDTS-08-089 - City Initiated Amendment to Zoning By-law 85-1 for Mixed Use Corridor Zoning~ ~, ~
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Development &
Technical Services
Report To: Development and Technical Services Committee
Date of Meeting: September 8, 2008
Submitted By: Jeff Willmer, Director of Planning
Prepared By: Jeff Willmer, Director of Planning X519-741-2325}
Alain Pinard, Manager, Long Range and Policy Planning
X519-741-2319)
Wards}Involved: City Wide: Mixed Use Corridor Land Use Designation
Date of Report: August 22, 2008
Report No.: DTS-08-089
Subject: City Initiated Amendment to Zoning By-law 85-1 for Mixed Use
Corridor Zoning
RECOMMENDATION:
That City initiated amendment to Zoning By-law 85-1 to add new MU-1, MU-2, and
MU-3 zone categories and regulations, be approved, in the form shown in the
attached "Proposed By-Law" dated August 22, 2008, attached to Report DTS-08-
089.
1.0 EXECUTIVE SUMMARY
The purpose of this report is to introduce new zone categories and to recommend that
they be incorporated into Zoning By-law 85-1. The new zone categories are the Low
Density Mixed Use Corridor (MU-1) Zone, the Medium Density Mixed Use Corridor (MU-
2) Zone, and the High Density Mixed Use Corridor (MU-3) Zone. These new zone
categories are tailored specifically to implement the Mixed Use Corridor policies in
Kitchener's Official Plan. Staff will prepare one or more separate reports at a later date
regarding the application of the MU zones to specific properties in the seven Mixed Use
Corridors.
2.0 BACKGROUND:
In 2001 Kitchener's Official Plan was amended in order to implement a new commercial
policy structure that is based on a node and corridor land use model. The commercial
policies introduced new land use designations that included Mixed Use Corridors, which
would be implemented over time through design guidelines and new zoning provisions.
In June 2005, City Council approved a Design Brief for the Mixed Use Corridors and
staff subsequently initiated a comprehensive Zone Change for this land use designation.
Currently, there are many different types of zone categories located within the
established boundaries of the seven Mixed Use Corridors shown in Appendix "A". Many
of these zone categories and related regulations do not conform to the Mixed Use
Corridor designation, and hamper the achievement of the policy objectives. In order to
better implement the commercial policy structure, staff are proposing that three new
Mixed Use (MU} zone categories be added to the City's Zoning By-law 85-1.
The proposed MU zone categories are the Low Density Mixed Use Corridor (MU-1)
Zone, the Medium Density Mixed Use Corridor (MU-2) Zone, and the High Density
Mixed Use Corridor (MU-3) Zone. The new zone categories permit a wide range of
transit supportive land uses, and include regulations that promote a compact built form
with variations in density and design criteria in order to suit a range of urban contexts.
3.0 REPORT:
3.1 Policy Context -Mixed Use Corridor policies in the Official Plan
Mixed Use Corridors are linear in form and they are intended to serve adjacent
residential neighbourhoods and employment areas with a broad range of commercial,
residential and institutional uses. Mixed Use Corridors are expected to intensify over
time with a transit supportive development that is compact and pedestrian friendly. In
order to achieve this urban environment, the Official Plan directs the City to regulate
specific aspects of new development in Mixed Use Corridors, including the following:
• In order to provide a balanced distribution of retail uses, new retail uses will be
regulated to have a maximum gross floor area of 1,000 square metres and shall
only be located within existing buildings or internal to large mixed use
developments;
• In order to provide a pedestrian friendly environment, new regulations will be
implemented that encourage street-oriented buildings and that limit front yard
parking; and
• In order to promote compatibility with surrounding neighbourhoods, locations that
immediately abut low rise residential uses shall have a Floor Space Ratio ranging
between 0.6 and 2.0.
The above criteria and other policy directions are incorporated in the proposed Mixed
Use Corridor zoning categories. The complete policy framework for Mixed Use
Corridors is attached as Appendix "B".
3.2 Existing Zoning
Currently, there are over 15 different types of zone categories found within the
established Mixed Use Corridor boundaries. Many of these zone categories and related
regulations do not conform to the Official Plan because they permit uses and/or building
forms that are not compatible with the Mixed Use Corridor policy objectives. Typical
examples include industrial uses and buildings with an abundance of front yard parking.
3.3 Proposed Zoning Categories
Overview
Three new Mixed Use Corridor zones are proposed. An overview of each zone is
provided below.
2
Low Densitv Mixed Use Corridor Zone (MU-1):
The MU-1 zone allows the lowest maximum density of the three Mixed Use Corridor
zones. The regulations are intended for compatible, transit-supportive, low-rise
development in transitional areas that abut low-rise residential areas and heritage
districts. Permitted uses include townhouses and small-scale retailing. This zone
category has a maximum height limit of four storeys and a maximum Floor Space Ratio
of 2.0.
Medium Densitv Mixed Use Corridor Zone (MU-2):
This MU-2 zone allows densities that are higher than the MU-1 Zone but lower than the
MU-3 Zone. The regulations are intended for compact, transit-supportive, mid-rise
development. A broad range of residential, commercial and institutional uses are
permitted. This zone category has a maximum height limit of eight storeys and a
maximum Floor Space Ratio of 4.0.
Hi_.h Density Mixed Use Corridor Zone (MU-3):
The MU-3 zone category allows the highest density of the three Mixed Use Corridor
zones at locations along major transit routes and/or larger sites with high redevelopment
potential. Abroad range of residential, commercial and institutional uses are permitted.
This zone category has a maximum Floor Space Ratio of 4.0 and there is no maximum
height. Buildings higher than eight storeys would still be subject to setback, landscape
and parking regulations.
Proposed Uses and Regulations
The proposed Mixed Use Corridor zones allow a broad range of residential, commercial
and institutional uses. A summary of the proposed uses for the three Mixed Use Corridor
zones is provided in Appendix "C". Most of the proposed uses are permitted in all three
zones. Minor variations in proposed uses take into account the different allowable
densities and planned functions of the three zones.
The regulations of the Mixed Use Corridor zones are designed to encourage
development that is compact, street-oriented, transit-supportive, and pedestrian-friendly.
The regulations include maximum front yard setbacks for all three zones and reduced
parking requirements. A summary of the noteworthy new regulations is provided in the
table that follows.
Summary of Mixed Use Corridor Zoninq Requlations
General Regulations for all Uses MU-1 MU-2 MU-3
Min. Lot Width 15m 15m 15m
Max. Front & Side Yard Abutting Street 7.5m 7.5m *7.5m or 10m
Min. Rear Yard 7.5m 7.5m *7.5m +
Min. Fagade Height 6m 6m 6m
Max. Building Height 13.5m 24m None
Min. Floor Space Ratio 0.6 1.0 1.0
Max. Floor S ace Ratio 2.0 4.0 4.0
* Requirement is subject to building height
3
4.0 PROCESS
The proposed amendment to Zoning By-law 85-1 was circulated to the appropriate
agencies and departments. The circulation notice is attached in Appendix D. All of the
agencies that replied responded either "no comment", "no objection" or "no concerns".
5.0 FINANCIAL IMPLICATIONS:
There are no capital financial implications to the City of Kitchener for implementing the
new Mixed Use Corridor zone categories.
6.0 COMMUNICATIONS:
Notice of the September 8, 2008 public meeting of the Development and Technical
Services Committee was advertised in The Record on August 15, 2008. A copy of the
advertisement is attached in Appendix E.
The concept of Mixed Use Corridors has been part of the City of Kitchener's planning
framework since 2001 when the official plan was amended to incorporate a new
commercial policy structure. The new commercial policy structure was developed in
consultation with a working group comprising several community representatives and
City staff. The implementing official plan amendment followed the statutory public notice
and meeting requirements.
The Design Brief for Mixed Use Corridors was widely circulated in 2005 and has been
posted on the City's web site since that time. A preliminary draft of the proposed by-law
that assigned specific mixed use zone categories to individual properties was circulated
to all affected land owners in 2006, and at least 4 open houses were held during April of
2006. The written comments that were received are attached in Appendix F.
7.0 CONCLUSION:
This report introduces three new Mixed Use Corridor zone categories in order to
implement related policies in the Official Plan. One or more future reports will be
prepared regarding the application of the MU zones to specific properties in the seven
Mixed Use Corridors. The Official Plan policies and new zoning regulations for Mixed
Use Corridors are important components of the City's planning framework for growth
management and targeted intensification, which build on the Region's Growth
Management Strategy and the Province's Places to Grow Plan growth plan.
Alain Pinard, MA, MCIP, RPP
Manager, Long Range and Policy Planning
Jeff Willmer, MCIP, RPP
Director of Planning
4
Attachments:
Appendix A -Map of Mixed Use Corridors
Appendix B -Existing Official Plan Policies for Mixed Use Corridors
Appendix C -Permitted Uses in the MUC Zone Categories
Appendix D -Circulation Notice
Appendix E -April 2006 Public Consultation Comments
Appendix F -Notice of September 8th Public Meeting of the DTS Committee
"Proposed By-law"
5
Appendix A:
Mixed Use Corridor Map
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Appendix B:
Existing Official Plan Policies for Mixed Use Corridors
Section 4.3 of the City of Kitchener Official Plan
Mixed Use Corridors
Mixed Use Corridors are linear in form and recognize the evolution of uses along major
corridors in the inner city. These corridors are primarily intended to serve the adjacent
residential neighbourhoods and employment areas and allow for intensive, transit
supportive development. Mixed Use Corridors provide residential redevelopment
opportunities together with appropriate commercial and institutional uses that primarily
serve adjacent residential neighbourhoods. Over time it is intended that the Mixed Use
Corridors shall intensify and provide a balanced distribution of commercial, multiple
residential and institutional uses. Individual properties within Mixed Use Corridors shall
be zoned to achieve this distribution of uses.
Abroad range of commercial uses shall be permitted, including freestanding office and
small retail. The full range of institutional uses as well as multiple residential uses shall
also be permitted. To achieve a built form that is compatible with surrounding low rise
residential development, is pedestrian oriented and allows for a balanced distribution of
retailing outside of other commercial nodes, the size of retail establishments shall be
regulated. In this respect, retail uses shall be permitted to have a maximum gross floor
area of 1,000 square metres and shall only locate within existing buildings or internal to
large mixed use developments. All other retail uses legally existing on September 17,
2001 shall be recognized and shall be permitted to expand on the existing lot by a
maximum of 25 percent.
Mixed Use Corridors generally have strong pedestrian linkages with the surrounding
residential neighbourhoods. To strengthen these linkages, new development may be
required to orient a portion of the building mass to the street, provide for integration of
cycling facilities, provide on-site pedestrian facilities, and provide pedestrian connections
to abutting developments oroff-site transit facilities. To achieve this objective, the City of
Kitchener may also impose maximum front yard setbacks, limit vehicular parking
between the building fagade and the street, and will require specific fagade treatments
such as window or door openings and minimization of blank walls.
New development shall be compatible with surrounding residential neighborhoods and
will be of an appropriate height and density in relation to adjacent low rise residential
development. In locations that immediately abut low rise residential land uses, new
development shall be permitted having a maximum Floor Space Ratio ranging between
0.6 and 2.0. However, new development may be permitted to exceed this maximum
Floor Space Ratio in locations which abut arterial or major collector roads, are well
separated from low rise residential development and have adequate municipal
infrastructure. In such cases, the City of Kitchener may impose a minimum Floor Space
Ratio of 1.0 and a maximum Floor Space Ratio of 4.0. Notwithstanding the above, new
residential development shall not be permitted within the Mixed Use Corridor along
Victoria Street North, where it abuts the main CN Railway line.
7
Appendix C:
Permitted Uses in the MUC Zone Categories
MU-1 MU-2 MU-3
Artisan's Establishment X X X
Audio-Visual or Medical Laborator X X X
Canine or Feline Groomin X X X
Commercial Entertainment X X
Commercial Recreation Within a Buildin X X X
Communit Centre X X X
Conference Centre or Convention Facilit X
Craftsman Sho X X X
Da Care Facilit Onl if ancillar to selected other uses X X X
Detached Dwellin Unit Existin onl X X X
Du lex Dwellin Existin onl X X X
Educational Establishment X X X
Financial Establishment X X X
Health Clinic X X X
Health Office X X X
Home Business X X X
Lod in House sub'ect to re ulations X X X
Hotel X X
Multi le Dwellin X X X
Museum X X X
Office X X X
Personal Services X X X
Printin Establishment X X X
Private Club or Lode X X X
Reli ions Institution X X X
Re air Service X X X
Residential Care Facilit X X X
Restaurant X X X
Retail within existin buildin s or within mixed use buildin s X X X
Securit or Janitorial Services X X X
Scientific, Technolo ical or Communications Establishment X X X
Sin le Detached Dwellin Existin onl X X X
Street Townhouse Dwellin X X X
Studio X X X
Tourist Home X X X
Veterinar Services X X X
Appendix D:
Circulation Notice
DEVELOPMENT & TECHNICAL SERVICES DEPARTMENT
PLANNING
Manager, Long Range & Policy Planning
City Kall, P.O. Box 1118
200 King Street Nest
Kitchener, Ontario
Canada, N2G 4G7
TELEPK~NE: (519) 741-2319
FAX: (519) 741-2624
TDDITYY: (519) 741-23 85
alain.pinard @ kitchener.ca
June 5, 2008
Dear Agency/City Department~lnterested Party:
Re: City of Kitchener Amendment to Zoning By-law 85-1
Mixed Use Corridor Zoning
File ZC 06/06/TC1RM
The City of Kitchener is proposing a general amendment to Zoning By-law 85-1 to introduce
new zone categories. The new zone categories are the Low Density Mixed Use Corridor (MU-
1)Zone, the Medium Density Mixed Use Corridor (MU-2) Zone, and the High Density Mixed Use
Corridor (MU-3) Zone. These new zone categories are tailored specifically to implement the
Mixed Use Corridor policies in Kitchener's Official Plan.
The proposed Mixed Use Corridor zones are designed to encourage development that is
compact, street-oriented, transit-supportive, and pedestrian-friendly. Most of the proposed uses
are permitted in all three zones. Minor variations in proposed uses and regulations take into
account the different allowable densities and planned functions of the three zones. An overview
of each zone is provided below. A copy of the proposed by-law is attached.
Low Density Mixed Use Corridor Zone (MU-1):
The MU-1 zone allows the lowest maximum density of the three Mixed Use Corridor zones. The
regulations are intended for compatible, transit-supportive, low-rise development in transitional
areas that abut low-rise residential areas and heritage districts. Permitted uses include
townhouses and small-scale retailing. This zone category has a maximum height limit of four
storeys and a Floor Space Ratio of 2.0.
Medium Density Mixed Use Corridor Zone (MU-2~
This MU-2 zone allows densities that are higher than the MU-1 Zone but lower than the MU-3
Zone. The regulations are intended for compact, transit-supportive, mid-rise development. A
broad range of residential, commercial and institutional uses are permitted. This zone category
has a maximum height limit of eight storeys and a maximum Floor Space Ratio of 4.0.
9
Hiah Density Mixed Use Corridor Zone (MU-3):
The MU-3 zone category allows the highest density of the three Mixed Use Corridor zones at
locations along major transit routes and/or larger sites with high redevelopment potential. A
broad range of residential, commercial and institutional uses are permitted. This zone category
has a maximum Floor Space Ratio of 4.0 and there is no maximum height. Buildings higher
than eight storeys would still be subject to setback, landscape and parking regulations, and
urban design performance criteria.
The proposed amendment does not assign new zoning to specific properties. One or more
separate amendments to Zoning By-law 85-1 will be initiated by the City of Kitchener in the near
future to change the zoning of specific properties within the seven Mixed Use Corridors.
At this time we are requesting comments from City Departments, Public Agencies and other
interested parties. Please outline any concerns, applicable policies, studies or initiatives that
are within your jurisdiction if commenting on behalf of a City Department or Public Agency.
Written comments received prior to June 30, 2008 will be considered in the formulation of the
staff report.
A statutory public meeting on this matter by the Committee of Council dealing with Development
and Technical Services matters is tentatively scheduled for September 8, 2008. Formal
notification confirming the time and date of the public meeting will be issued in July or August of
2008. Interested parties responding in writing will receive a copy of the staff report and will be
notified of the date and time of the public meeting.
If a person or public body does not make oral submissions at the public meeting or make
written submissions to the City prior to the approval of the amendment to the zoning by-
law, the Ontario Municipal Board may dismiss an appeal made in relation to the
amendment to the zoning by-law.
If you have any questions or require further clarification regarding the proposed amendment to
Zoning By-law 85-1, please feel free to contact me at 519-741-2319.
Sincerely,
~. ~~~^~
Alain Pinard, MA, MCIP, RPP
Manager, Long Range and Policy Planning
10
Appendix E:
Notice of September 8t" Public Meeting of the DTS Committee
All Wards
ZC 06/06/TC/t~~I
City of Kitchener
Advertised in The Record August 15, 2008
CITY OF KITCHENER
COIVIZVIITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
to attend a
PUBLIC 1VIEETING
TO DISCUSS A PROPOSED ZONING BY-LAW AMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
General Amendment to Zoning By-law 85-1 to introduce new zone categories
-Mixed Use Corridor Zones (1VIU-1), (1VIU-2) and (MU-3)
The City of Kitchener is proposing a general amendment to Zoning By-law 85-1 to introduce
new zone categories. The new zone categories are the Low Density Mixed Use Corridor (MU-1)
Zone, the Medium Density Mixed Use Corridor (MU-2) Zone, and the High Density Mixed Use
Corridor (MU-3) Zone. These new zone categories are tailored specifically to implement the
Mixed Use Corridor policies currently in Kitchener's Official Plan.
The proposed Mixed Use Corridor zones are designed to encourage development that is compact,
street-oriented, transit-supportive, and pedestrian-friendly. Most of the proposed uses are
permitted in all three zones. Minor variations in proposed uses and regulations take into account
the different allowable densities and planned functions of the three zones. An overview of each
zone is provided below.
Low Density Mixed Use Corridor Zone (MU-1):
The MU-1 zone allows the lowest maximum density of the three Mixed Use Corridor zones.
The regulations are intended for compatible, transit-supportive, low-rise development in
transitional areas that abut low-rise residential areas and heritage districts. A range of residential
and non-residential uses are proposed to be permitted, including townhouses and small-scale
retailing. This zone category has a maximum height limit of four storeys and a maximum Floor
Space Ratio of 2.0.
11
1VIedium Density 1Vlixed Use Corridor Zone (MU-2}:
This MU-2 zone allows densities that are higher than the MU-1 Zone but lower than the MU-3
Zone. The regulations are intended for compact, transit-supportive, mid-rise development. A
broad range of residential, commercial and institutional uses are permitted. This zone category
has a maximum height limit of eight storeys and a maximum Floor Space Ratio of 4.0.
High Density 1Vlixed Use Corridor Zone (MU-3):
The MU-3 zone category allows the highest density of the three Mixed Use Corridor zones at
locations along major transit routes and/or larger sites with high redevelopment potential. A
broad range of residential, commercial and institutional uses are permitted. This zone category
has a maximum Floor Space Ratio of 4.0 and there is no maximum height. Buildings higher than
eight storeys would still be subject to setback, landscape and parking regulations, and urban
design performance criteria.
The proposed amendment does not assign new zoning to specific properties. One or more
separate amendments to Zoning By-law 85-1 will be initiated by the City of Kitchener to change
the zoning of specific properties within the seven Mixed Use Corridors as currently identified in
the Official Plan.
The public meeting will be held at the meeting of the DEVELOPMENT AND TECHNICAL
SERVICES COMMITTEE, A COMMITTEE OF COUNCIL DEALING WITH
PLANNING MATTERS on MONDAY, SEPTEMBER 8TH, 2008, AT 7:00 P.1VI. IN
COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 x;ING STREET WEST,
KITCHENER.
Any persons may attend the Public Meeting and make written and/or verbal representation either in
support of or in opposition to the Zone Change Application. If a person or pubic body does not
make oral submissions at this public meeting or make written submissions to the City prior
to the approval of the Zone Change, the Ontario Municipal Board may dismiss future
appeals.
ADDITIONAL INFORMATION relating to the Proposed Zoning By-law is available for
inspection between 8:30 a.m. and 5:00 p.m. at the Development and Technical Services
Department, 6th Floor, City Kall, 200 King Street Nest, Kitchener or by visiting the City's website
at http:Nwww.kitchener.ca/livin,g_kitchener/mix_use.html.
Alain Pinard, Manager, Long Range and Policy Planning, 519-741-2319
(TTY/TTD - 519-741-2385)
alain.pinard @ kitchener.ca
12
Appendix F:
March-April 2006 Public Consultation Comments
13