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Home My WebLink AboutDTS-08-129 - Zone Change Application ZC08/21/COK/BB - City-Intiated - Housekeeping¿ Amendment -r ^ , ^ ll ~~ J~~~~ Development & Tecf~nical Services Re ort To: Development & Technical Services Committee p Date of Meeting: September 29, 2008 Submitted By: Jeff Willmer, Director of Planning 1519-141-2325] Prepared By: Brian Bateman, Senior Planner (519-141-2869] Katie Anderl, Senior Planner {519-2981] Ward{sj Involved: All Wards Date of Report: August 2l, 2008 Report No.: DTS 08129 Subject: ZONE CHANGE APPLICATION ZC081211COKIBB CITY-INTIATED "HOUSEKEEPING" AMENDMENT - Common Element Condominiums RECOMMENDATION: That Zone Change Application ZC081211COK1BB for the purpose of housekeeping changes to Zoning By-law 85-1, concerning common element condominiums under Section 5.21 B and the definition of "Street Townhouse Dwelling" under section 4.2, be a roved, in the form shown in "Proposed By-law" dated August 22, 2008, attached to Report DTS 08-129, without conditions. BACKGROUNDIREPORT: The City of Kitchener Zoning By-law 85-1 was amended in December 2001 to address "housekeeping" improvements or clarifications. At that time, the proposed bylaw included regulations to permit freehold lots (Parcels of Tied Lands} tied to the Common Elements Condominium (CEC) to front onto a private roadway. The regulation requires these lots to conform with the zoning regulations for street fronting dwellings units. Staff have realized that this approach is problematic. Through the CEC process the units contained in the development typically shift from being defined as a "cluster townhouse dwelling" to a "street townhouse dwelling". The zoning regulations for cluster townhouses can be different those for street townhouses. The effect is the applicant has to apply for a zone change in order to recognize lot widths and setbacks as a result of seeking a change in tenure from rental to ownership even though the physical form of the development is already approved and under construction. Stafffeelthis approach is unreasonable and overly bureaucratic. To correct this, staff are proposing a minor "housekeeping" amendment to section 5.21 B} of By- law 85-1. The purpose of the amendment is to revise the regulations for common element condominiums so that lots can be created and deemed to conform to the zoning by-law if the lands have been comprehensively planned and are subject to a Development Agreement under Section 41 of the Planning Act. However, any additions or alterations to the buildings will be required to conform to the zoning by-law regulations. Staff are also recommending that the definition of a "street townhouse dwelling" is amended to recognize that a street townhouse must be designed to be on an individual lot having access to a street. Frontage on a street is required by the general regulations. FINANCIAL IMPLICATIONS: None. COMMUNICATIONS: Notice of the public meeting of the Committee of Council dealing with Development and Technical Services matters on September 29, 2008 will be advertised in The Record on September 5, 2008. ~~ Brian Bateman, B.A. ~Hons} Senior Planner ~i Della Ross, MA, MCIP, RPP Manager of Development Review ~ ,~.- tie Anderl, I ,RPP Senior Planner Qttarhmpn#~ Appendix `A' -Newspaper advertisement Appendix `B' -Proposed Zoning By-law J ~Ilmer, MCIP, RPP Director of Planning 2 Appendix "A" - Newspaper Advertisement All Wards ZC 08121 /COKIBB City of Kitchener Advertised in The Record September 5, 2008 CITY OF KITCHENER COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS invites PROPERTY OWNERS AND INTERESTED PARTIES to attend a PUBLIC MEETING TO DISCUSS A PROPOSED ZONING BY-LAW AMENDMENT UNDER SECTION 34 OF THE PLANNING ACT "Housekeeping" Revisions to Zoning By-law 85-1 "Common Element Condominiums" The City of Kitchener is proposing a "housekeeping" revision to Zoning By-law 85-1. The purpose of this amendment is to revise the general regulations for Common Element Condominiums to legalize lot deficiencies where the development has been comprehensively planned and is subj ect to a Development Agreement pursuant to Section 41 of the Planning Act. The public meeting will be held at the meeting of the DEVELOPMENT AND TECHNICAL SERVICES COMMITTEE, A COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS an MONDAY, SEPTEMBER 29, 2008 AT 7:00 P.M. IN 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 Zone Change Application. If a person or public body does not make oral submissions at this public meeting ar 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 Hall, 200 King Street West, Kitchener. Brian Bateman, Senior Planner (519-741-2869) brian.bateman ,kitchener.ca Katie Anderl, Senior Planner (519-741-2987) katie.anderl@kitchener.ca 3 Appendix "B" -Proposed Bylaw PROPOSED BY-LAW August 22, 2008 BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER Being a by-law toamend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - City of Kitchener Housekeeping Amendment} WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as follows: 1. Section 5.21 B of By-law 85-1 is hereby deleted and replaced with the following: "5.21B Common Element Condominiums Notwithstanding Section 5.2 of this by-law, single detached, semi-detached, duplex or street townhouse dwellings shall be permitted on lots without frontage on a public street provided that all such dwellings are located on Parcels of Tied Lands (POTL's} to a Common Elements Condominium ~CEC} consisting of at least a private driveway connecting to a public street. Where lands have been comprehensively planned and are subject to an approved Site Plan and a Development Agreement pursuant to Section 41 of the Planning Act, any zoning deficiencies resulting from the creation of the POTL's, shall be deemed to conform to the regulations of the by-law, provided that: a} all applicable regulations of the by-law relative to the whole lot and its external lot lines, existing prior to any condominium plan registration are complied with, and b) each dwelling unit shall have an unobstructed access at grade or ground floor level, having a minimum width of o.9 metres, from the front yard to the rear yard of the lot either by: i) direct access on the lot without passing through any portion of the dwelling unit; or, 4 Appendix "B" -Proposed Bylaw ii} direct access through the dwelling unit without passing through a living or family room, dining room, kitchen, bathroom, bedroom, or recreation room or any hallway that is not separated by a door to any such room; or, iii) access over adjacent lands which, if the lands are not owned by the City of Kitchener or the Regional Municipality of Waterloo, are secured by a registered easement or are a common element of the condominium. Any additions or alterations to the dwelling; accessory structures such as sheds; and yard projections such as porches, balconies, decks, and pools, added subsequent to the registration of the condominium, which are not shown on the approved Site Plan must comply with the applicable zoning regulations for the type of dwelling contained within the P~TL. For the purposes of this regulation, the front lot line shall be deemed to be that lot line abutting the internal driveway or primary internal walkway." 2. Section 4.2 of By-law 85-1 is hereby amended by deleting from the definition of "Street Townhouse Dwelling" the phrase, "and frontage on". PASSED at the Council Chambers in the City of Kitchener this day of A.D., 2008. Mayor Clerk 5