HomeMy WebLinkAboutDTS-08-159 - ZCA07/18/COK/TMW - R-5 Properties-Mt Hope-Huron Park-KW Hosp-Remove Triplex UseI L REPORT 74
Report To: Development & Technical Services Committee
Date of Meeting: October 20, 2008
Submitted By: Jeff Willmer, Director of Planning (741-2325)
Alain Pinard, Manager of Long Range and Policy Planning
(741-2319)
Prepared By: Tina Malone-Wright, Senior Planner (741-2765)
Ward(s) Involved: Wards 1 and 6
Date of Report: September 24, 2008
Report No.: DTS-08-159
Subject: REZONING OF CERTAIN R-5 PROPERTIES IN THE
MOUNT HOPE-HURON PARK AND K-W HOSPITAL
PLANNING COMMUNITIES TO REMOVE THE TRIPLEX AS
A PERMITTED USE — ZC07/18/COK/TMW
RECOMMENDATION:
That Council directed amendments to Zoning By-law 85-1, ZC07/18/COK/TMW, to add a
special use provision to prohibit triplexes on properties in the Mount Hope-Huron Park and
K-W Hospital Planning Communities which do not meet either the minimum lot area
requirement or the minimum lot width requirement in the R-5 Zone, be presented for
Council's consideration in the form shown in the attached "Proposed By-law" dated
September 17, 2008, attached to Report DTS-08-159.
BACKGROUND:
At its meeting on May 26, 2008 the Development and Technical Services Committee received
the Triplex Study that had been prepared by Planning Staff in response to the Interim Control
By-law that was passed prohibiting triplexes in the Central Neighbourhoods.
The Triplex Study recommended that the triplex use be retained as a permitted use subject to
new policies in the Official Plan and new requirements in the Zoning By-law. These new policies
and requirements were adopted by Council on June 9, 2008.
Additionally, in response to written submissions received at the public meeting from thirty-four
residents in the Mount Hope-Huron Park and the K-W Hospital Planning Communities, Council
also adopted the following resolution:
"That staff prepare a zoning by -law amendment to downzone all properties in the Mount Hope -
Huron Park and K -W Hospital Planning Communities that are currently zoned R -5 but do not
meet the lot width and lot area requirements for triplex use, to be presented at the Development
and Technical Services Committee meeting of October 20, 2008."
REPORT:
Since the Council meeting of June 9, 2008 Planning Staff have worked with the Information
Technology Division to identify those properties which do not meet the minimum lot area and
minimum lot width requirements for a triplex in the `Residential Five Zone (R -5)'.
Currently, the `R -5' zone requires that a triplex (multiple dwelling with 3 dwelling units) be
located on a lot having a minimum lot area of 495 square metres and a minimum lot width of 15
metres. TerraNet and MPAC information were used to identify those properties which do not
meet either the minimum lot area or the minimum lot width for a triplex and zoning schedules
were prepared accordingly.
Planning Staff propose that the `R -5' zoning of the properties be retained but that a special use
provision be added to the zoning of these properties to prohibit the triplex use. This is what
currently exists on some of the properties in the Central Frederick and North Ward Planning
Communities. It is proposed that Special Use Provision 129U, as noted below, be amended to
include the zoning schedules in the Mount Hope -Huron Park and K -W Hospital Planning
Communities and apply to the undersized properties `R -5" zoning in these planning
communities.
129U. Notwithstanding Section 39.1 of this By -law, within the lands zoned R -5 as shown
on Schedules 120, 1211 1221 1231 1241 1251 1401 141 of Appendix "A" as
affected by this subsection, multiple dwellings shall not be permitted.
Out of the 1222 total number of properties in the Mount Hope -Huron Park and K -W Hospital
Planning Communities, 1021 properties will be affected by the special use provision to prohibit
the triplex use.
It should be noted that the effect of the proposed zoning by -law will be that any property which
currently contains a legal triplex but does not meet the minimum lot area and /or minimum lot
width zoning requirements will become legal- conforming. Any additions or expansions of a
building used for a legal non - conforming use require Committee of Adjustment approval.
Also, a zone change will now be required where Committee of Adjustment approval would have
sufficed to allow a triplex on a lot that was deficient in lot area or lot width.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Notice of the October 20, 2008 public meeting of the Development and Technical Services
Committee was advertised in The Record on September 26, 2008. A copy of the advertisement
is attached. All property owners affected by the proposed zoning by -law were mailed a letter
notifying them of the proposed zoning to prohibit a triplex as a permitted use and were notified
of the date of this public meeting.
CONCLUSION:
In accordance with Council's resolution of June 9, 2008, a proposed zoning by-law to add a
special use provision to prohibit a triplex dwelling on those properties in the Mount Hope-Huron
Park and K-W Hospital Planning Communities which do not meet the minimum lot area
requirement or minimum lot width requirement for a triplex use is presented for their
consideration.
cj C�j M k-k
Tina Malone-Wright, MCIP, RPP
Senior Planner
Jeff Willmer, MCIP, RPP
Director of Planning
List of Attachments
Alain Pinard, MCIP, KPP
Manager of Long Range and Policy Planning
Appendix'A' — Map Showing Properties Inside K-W Hospital Planning Community
Appendix'B' — Map Showing Properties Inside Mt. Hope-Huron Park Planning Community
Appendix 'C' — Newspaper Advertisement
Appendix'D' — Proposed Zoning By-law
APPENDIX `C'
Councillor Christina Weylie
Councillor John Smola
ZC 07/18/COK/TMW
Council Directed
Advertised in The Record — September 26, 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
UNDER SECTION 34 OF THE PLANNING ACT
Council directed rezoning of certain "R-5" properties in the Mount Hope Huron Park and K-
W Hospital Planning Communities to remove the triplex as a permitted use
The purpose of this meeting is to consider a proposed zoning by-law which would have the effect
of rezoning certain properties in the Mount Hope-Huron Park and K-W Hospital Planning
Communities to add a special use provision to prohibit the use of a triplex on those properties
which are currently zoned "Residential Five Zone (R -5)" and which do not meet either the minimum
lot area requirement of 495 square metres or the minimum lot width requirement of 15 metres.
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, OCTOBER
20, 2008 AT 7:00 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 and/or verbal representation either in
support of or in opposition to the proposed Zoning By-law. If a person or public body 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 zoning by-law is adopted by City Council, the
Ontario Municipal Board may dismiss all or part of the appeal.
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 Department of Development and Technical Services,
Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener.
Tina Malone-Wright, MCIP, RPP
Senior Planner
741-2765 (TTY-TDD — 741-2385)
tina.malonewright@kitchener.ca
APPENDIX `D'
PROPOSED BY -LAW
September 17, 2008
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by -law to amend By -law 85 -1, as amended,
known as the Zoning By -law for the City of Kitchener
— Mount Hope -Huron Park and K -W Hospital
Planning Communities — City Initiated Zone
Changes)
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. Schedules 39, 401 741 751 761 821 831 841 122 and 123 of Appendix "A" to By -law Number
85 -1 are hereby amended by designating as Residential Five Zone (R -5) with Special
Use Provision 129U instead of Residential Five Zone (R -5) the properties specified
and illustrated as Area 1 on Maps No. 1 to 5 attached hereto.
2. Schedule 82 of Appendix "A" to By -law Number 85 -1 is hereby amended by designating
as Residential Five Zone (R -5) with Special Use Provision 129U and Special Use
Provision 227U instead of Residential Five Zone (R -5) with Special Use Provision 227U,
the property specified and illustrated as Area 2 on Map No. 4 attached hereto.
3. Schedule 122 of Appendix "A" to By -law Number 85 -1 is hereby amended by
designating as Residential Five Zone (R -5) with Special Use Provision 129U and Special
Use Provision 357U instead of Residential Five Zone (R -5) with Special Use Provision
357U, the property specified and illustrated as Area 2 on Map No. 5 attached hereto.
4. Schedules 39, 401 741 751 761 821 831 841 122 and 123 of Appendix "A" to By -law 85 -1
are hereby further amended by incorporating additional zone boundaries as shown on
Maps No. 1 to 5 attached hereto.
5. Section 129 of Appendix `C' to Zoning By -law is hereby amended by adding additional
Schedules thereto as follows:
129. Notwithstanding Section 39.1 of this By -law, within the lands zoned R -5 as shown
on Schedules 39, 401 741 751 761 821 831 841 1201 1211 1221 1231 1241 1251 140 and
141 of Appendix "A" as affected by this subsection, multiple dwellings shall not be
permitted.
PASSED in the Council Chambers in the City of Kitchener this
day of , 2008.
Mayor
Clerk
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