HomeMy WebLinkAboutDTS-09-031 - Zone Change App ZC 09/001/COK
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Development &
Techrr~ca~ Services
REPORT T0: Development & Technical Services Committee
DATE OF MEETING: June 22, 2009
SUBMITTED BY: Alain Pinard, Interim Director of Planning (519-741-2668)
PREPARED BY: Sheryl Rice, Development Technician (519-741-2844)
WARD(S) INVOLVED: All
DATE OF REPORT: June 8, 2009
REPORT NO.: DTS-09-031
SUBJECT: ZONE CHANGE APPLICATION ZC 09/0011COK1SR
CITY-INITIATED "HOUSEKEEPING" AMENDMENTS
TO THE ZONING BY-LAW
RECOMMENDATION:
That Zone Change Application ZC 0910011COKISR (Housekeeping By-law), representing
comprehensive changes to Zoning By-law 85-1, be approved in the form shown in the
"Proposed By-law", attached to DTS Report DTS 09-031, without conditions.
BACKGROUND:
The City of Kitchener Zoning By-law 85-1 was amended in December, 2007, to address "house-
keeping" improvement or clarifications. Since that time a number of additional revisions,
improvements or updates have been identified and are now being proposed to be amended in
By-law 85-1.
REPORT:
A comprehensive amendment to Zoning By-law 85-1 is proposed in order to improve the
administration of the By-law. The changes have been identified over the past 18 months
through the daily use of the By-law by various staff, as well as the need for clarification in certain
areas. There are a number of changes proposed for the By-law. However some of these
changes are minor amendments, such as wording clarification. The key changes are briefly
summarized below, and all changes are outlined in the "Proposed By-law" attached to this
report.
1. Definition section is amended by clarifying that a "Discarded Motor Vehicle" does
not include a vehicle in good repair being offered for sale or rental which use has
been issued an Occupancy Permit for "Sale or Rental of Motor Vehicles".
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2. Amending the definition of "Home Business" to clarify that the business shall be
operated in the `primary' residence of the business owner.
3. Air conditioners, pumps and similar mechanical equipment accessory to
dwellings in specified zones shall be permitted to have a 0 metre side yard and
rear yard setback.
4. Renaming the "Vacuum Clause" to "Existing Residential and Downtown Lot
Policy" and rewording the section to provide clarity.
5. In the Off-street Parking section for Mixed Use Corridor zones, requiring a 4.5
metre setback for parking spaces, loading spaces, drive-through lanes and drive
aisles rather than the current 3 metre setback. And for downtown zones,
permitting a reduced parking setback to 1 metre, from 3 metres, provided
approved landscaped requirements are met.
6. Adding a regulation in Off-Street Parking section to prohibit agricultural
implements or commercial and industrial equipment to be stored or parked in
Residential zones.
7. Removing minimum yard setbacks abutting Duke and Francis Streets in the D-5
and D-6 zones.
8. Rezoning 505 Franklin Street North (Stanley Park Community Centre) from
Institutional Two zone (I-2) to Public Park zone (P-1) and rezoning lands adjacent
to St Daniels School from Public Park zone (P-1) to Institutional Two zone (I-2).
9. Rezoning a small portion of 501-545 Morrison Road from Residential Two (R-2)
to Open Space (P-2), as required by Committee of Adjustment decision A 2008-
021,dated April 15, 2008.
FINANCIAL IMPLICATIONS:
n/a
COMMUNICATIONS:
Notice of the public meeting to be held by the Committee of Council dealing with Development
and Technical Service matters on June 22, 2009, was advertised in The Record on May 29,
2009. Also, notice is being sent to one property owner interested in the amendment to the
regulation regarding setbacks for air conditioners in Residential zones. Lastly, notice is being
sent to property owners affected by the zone changes as shown on the attached Maps 1 and 2.
CONCLUSION:
n/a
REVIEWED BY:
• Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
List of Attachments
Appendix `A' -Newspaper advertisement
Appendix `B' -Proposed Zoning By-law
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APPENDIX `A'
All Wards
ZC 09/001/COK/SR
City of Kitchener
Advertisement in The Record, May 29, 2009
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
Various "Housekeeping" Revisions to Zoning By-law 85-1
City-wide
The City of Kitchener is proposing a number of "housekeeping" or minor revisions to the
existing Zoning By-law 85-1. These revisions represent improvements or clarifications to the
By-law which will assist in the implementation and interpretation of various sections.
Because of the comprehensive nature of these changes, many of the amendments will apply
to lands City-wide.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL
SERVICES COMMITTEE, a Committee of Council which deals with Planning Matters on
MONDAY, JUNE 22, 2009 at 7:00 PM 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 in
respect of the proposed by-law. If a person or public body does not make oral
submissions at this public meeting or make written submissions to the City prior to the
approval of the by-law, 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, Planning Division, 6th Floor, City Hall, 200 King Street West, Kitchener.
Sheryl Rice, Development Technician
Phone 519-741-2844 (TTY-TDD 519-741-23 85)
she lry rice(ae,kitchener.ca
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APPENDIX `B'
PROPOSED BY-LAW
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 85-1, as amended, known as the
Zoning By-law for the City of Kitchener - City of Kitchener
Housekeeping Amendment)
WHEREAS it is deemed expedient to amend By-law 85-1, as amended;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Section 3.1 of By-law 85-1 is hereby amended by adding the following new subsection immediately
after Section 3.1.10:
"3.1.11 MIXED USE CORRIDOR CLASSIFICATION
Zones Zone Symbol
Low I ntensity M fixed Use Corridor Zone M U-1
Medium Intensity Mixed Use Corridor Zone MU-2
High Intensity Mixed Use Corridor Zone MU-3".
2. Section 4.2 of By-law 85-1 is hereby amended by deleting from the definition of "Commercial Parking
Facility" the words "it shall be considered a commercial parking facility and" immediately after the
words "if the only use of a Lot is a parking facility then".
3. Section 4.2 of By-law 85-1 is hereby amended by adding to the definition of "Discarded Motor
Vehicle" immediately afterthe words "which make its normal use impossible" the following phrase:
"other than a vehicle in good repair being offered for sale or rental and such use has been
issued a Certificate of Occupancy for the "Sale or Rental of Motor Vehicles".
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4. Section 4.2 of By-law 85-1 is hereby amended by deleting from the definition of "Home Business" the
word "private" immediately following the words "to the use of the dwelling unit as a" and replacing it
with the following word: "primary".
5. Section 5.5.2a) of By-law 85-1 is hereby amended by deleting from the heading the words "or
Existing Use Zone" immediately following the phrase "Commercial-Residential" and replacing it with
the following:
", Mixed Use Corridor, Industrial-Residential (M-1) and Existing Use (E-1) zone."
6. Section 5.6A.3b) of By-law 85-1 is hereby amended by deleting the clause in its entirety and
replacing with the following:
"b) Within a rear yard or interior side yard, provided no parts thereof may encroach beyond
the lot line."
7. Section 5.6B c) of By-law 85-1 is hereby amended by adding immediately after the phrase
"Downtown Zone", the following phrase:
",Mixed Use Corridor Zone".
8. Section 5.15 of By-law 85-1 is hereby amended by:
a) deleting the heading "VACUUM CLAUSE" and replacing it with "EXISTING RESIDENTIAL AND
DOWNTOWN LOT POLICY"; and,
b) deleting clauses 5.15.1 a) through fl in their entirety and replacing with the following:
"a) Notwithstanding this by-law, within any Residential orCommercial-Residential zone, the
location of any residential building or building accessory thereto, which existed on or
before October 11,1994, and any lot upon which a residential structure existed, shall be
deemed to comply with the regulations for:
setback;
front yard;
side yard;
rear yard;
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lot coverage;
building height;
floor space ratio;
lot width; and,
lot area.
This is relative only to the use which existed on October 11, 1994, provided that the lot
area is no less than 90 percent of that otherwise required by this by-law.
b) Nothing in subclause a) above shall apply to any satellite dish, air conditioning unit, heat
pump unit or swimming pool, orto any fence in contravention of the City's Fence By-law
(Chapter 680 of the City of Kitchener Municipal Code).
c} Subclauses a} and b) above shall also apply to the current regulations of a residential
use which did not exist on October 11, 1994, but is permitted by this by-law, which
regulations are the same as, or less stringent than, the current regulations of the use
which existed on October 11,1994.".
9. Section 6.1.1.1. a) of By-law 85-1 is hereby amended by adding the following new subsections
immediately after subsection iv):
"v) Notwithstanding Subsection iv) above, in any Mixed Use Corridor Zone, parking spaces;
loading spaces; drive-through stacking lanes; or aisles giving direct access to abutting
parking spaces shall not be located within 4.5 metres of a street line.
vi) Notwithstanding Subsections iv} and v) above, in any Downtown Zone, parking spaces;
loading spaces; drive-through stacking lanes; or aisles giving direct access to abutting
parking spaces may be located a minimum of 1.0 metre of a street line provided that a
structure, such as a landscaped wall, is constructed. Such structure shall have a
minimum height of 0.9 metres and a maximum height of 1.2 metres and shall be
approved by the Supervisor of Site Plan Development."
10. Section 6.3 of By-law 85-1 is hereby amended by:
a) adding the words "AND EQUIPMENT" to the heading immediately after the words
"COMMERICAL VEHICLES";
b) adding the words "and equipment" immediately after the phrase "the parking and
storage of commercial vehicles";
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c) adding immediately after subclause 6.3 e) the following new subclause:
"~ Notwithstanding clause a}, b}, or c) above, agricultural implements or
commercial and industrial equipment, or any component thereof, shall not be
parked or stored on a lot within a residential zone."
11. Section 16.2 of By-law 851- is hereby amended by deleting the regulation "Minimum Yard abutting
Duke Street 4.5 m" in its entirety.
12. Section 17.3 of By-law 85-1 is hereby amended by deleting the regulation "Minimum Yard abutting
Francis Street 4.5 m" in its entirety.
13. Section 28.1 of By-law 85-1 is hereby amended by adding the word "Existing" at the beginning of the
permitted use "Cultural or Historical Establishment or Feature".
14. Section 38.2.1 of By-law 85-1 is hereby amended by adding to the regulations for "Minimum Side
Yard", the following:
"a) in clause b) immediately after the phrase "a building height not exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this by-law.".
b) in clause c) immediately after the phrase "a building height exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this By-law.".
15. Section 39.2.1 of By-law 85-1 is hereby amended by adding to the regulations for "Minimum Side
Yard", the following:
"a) in clause b) immediately after the phrase "a Building Height not exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this by-law";
b) in clause c) immediately after the phrase "a Building Height exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this By-law.".
16. Section 40.2.2 of By-law 85-1 is hereby amended by adding to the regulations for "Minimum Side
Yard", the following:
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"a) in clause b) immediately after the phrase "a Building Height not exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this by-law";
b) in clause c) immediately after the phrase "a Building Height exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this By-law.".
17. Section 41.2.2 of By-law 85-1 is hereby amended by adding to the regulations for "Minimum Side
Yard", the following:
"a) in clause b) immediately after the phrase "a Building Height not exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this by-law";
b) in clause c) immediately after the phrase "a Building Height exceeding 9.0 metres"
adding the following phrase "and subject to Section 5.20 of this By-law.".
18. Section 53.1 of By-law 85-1 is hereby amended by:
a) deleting the phrase "Audio-Visual or Medical Laboratory";
b) adding the phrase "Medical Laboratory" in proper alphabetical order; and,
c) deleting the word "Security" in the phrase "Security and Janitorial Services" and
replacing it with the word "Sanitary".
19. Section 54.1 of By-law 85-1 is hereby amended by:
a) deleting the phrase "Audio-Visual or Medical Laboratory";
b) adding the phrase "Medical Laboratory" in proper alphabetical order; and,
c) deleting the word "Security" in the phrase "Security and Janitorial Services" and
replacing it with the word "Sanitary".
20. Section 55.1 of By-law 85-1 is hereby amended by:
a) deleting the phrase "Audio-Visual or Medical Laboratory"; and,
b) adding the phrase "Medical Laboratory" in proper alphabetical order.
21. Schedule 55.2.1 of By-law 85-1 is hereby amended by deleting from clause a) of the regulation for
"Maximum Front Yard and Maximum Side Yard Abutting a Street" the number "30" and replacing
with the following number: "24".
22. Schedule 192 of Appendix "A" to By-law 85-1 is hereby amended by designating as Public Park
Zone (P-1) instead of Community Institutional Zone (I-2), the parcel of land described as Part Block
A, Registered Plan 1170, more particularly described as Parts 7 and 8, Reference Plan 58R-15295;
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and by designating as Community Institutional Zone (I-2) instead of Public Park Zone (P-1), the
parcel of land described as Part Block C, Registered Plan 1170, more particularly described as Part
10, Reference Plan 58R-15295, in the City of Kitchener. These lands are shown on Map No. 2
attached hereto.
23. Schedule 264 of Appendix "A" to By-law 85-1 is hereby amended by designating as Open Space
Zone (P-2) with Special Use Provision 371 U instead of Residential Two (R-2} with Special
Regulation Provisions 468R and 470R and Special Use Provision 368U; and by designating as Open
Space (P-2) with Special Regulation Provision 1 R and Special Use Provision 371 U instead of
Residential Two (R-2) with Special Regulation Provisions 1 R, 468R and 470R and Special Use
Provision 368U, the parcel of land described as Part of Lots 118 and 124, German Company Tract,
in the City of Kitchener. These lands are shown on Map No.1 attached hereto.
24. Schedules 192 and 264 of Appendix "A" to By-law 85-1 are hereby further amended by incorporating
additional zone boundaries as shown on Map Nos.1 and 2 attached hereto.
25. Schedule 127 of Appendix "C" to By-law 85-1 is hereby amended by adding to clause c) the word
"side" immediately afterthe phrase "and shall not extend into any".
26. Schedule 179 of Appendix "C" to By-law 85-1 is hereby amended by deleting the words "on
Schedules 234, 235, 237, 265 and 272 of immediately after the phrase "within any lands shown"
and replacing with the following word: "in".
27. Schedule 120 of Appendix "D" is hereby amended by deleting in its entirety and replacing with the
following:
"120. Notwithstanding Section 14.3 of this by-law, within the lands zoned D-1 on Schedules
84 and 85 to Appendix "A", described as Lots 4, 48 to 52 inclusive, 120 to 123 inclusive
and Part of Lots 3, 5, 24, 47, and 99 to 102 inclusive, all according to Registered Plan
375, the maximum floor space ratio south of Hall's Lane and north of Charles Street
shall be 4.4 and the transfer of bonus floor area shall be permitted only for that bonus
floor area in excess of the amount otherwise required to increase the floor space ratio
from 2.0 to 4.4.
28. Schedule 371 of Appendix "D" is hereby amended by deleting the phrase "151 and 152" immediately
afterthe phrase "shown on Schedules No."and replacing it with the following: "147 and 148".
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29. Schedule 372 of Appendix "D" is hereby amended by deleting the phrase "151, 152, 175 and 176"
immediately after the phrase "shown on Schedules No."and replacing it with the following: "147,148,
169 and 170".
30. Schedule 394 of Appendix "D" is hereby amended by deleting the phrase "58R-7055" immediately
after the phrase "Part 1 on Reference Plan" and replacing it with the following: "58R-15894".
31. Schedule 1 of Appendix "F" is hereby amended by adding immediately after the phrase "criteria set
out in"the following:
"Part 3, Section 12.3 viii) of'.
day of
PASSED atthe Council Chambers in the City of Kitchener this
2009.
Mayor
Clerk
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