HomeMy WebLinkAboutDSD-18-017 - City-Initiated Zoning By-Law Amendment - ZC18-001-COK-NG - RIENSREPORT TO:Planning & Strategic InitiativesCommittee
DATE OF MEETING:August 13, 2018
SUBMITTED BY:Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY:Brian Bateman, Senior Planner, 519-741-2200 ext.7869
Natalie Goss, Senior Planner, ext. 7067
WARD(S) INVOLVED:Wards 3, 8, 9 and 10
DATE OF REPORT:July 18, 2018
REPORT NO.:DSD-18-017
SUBJECT:CITY-INITIATED ZONING BY-LAW AMENDMENT
ZC/18/001/COK/NG
IMPLEMENTATIONOF CERTAIN RESIDENTIAL
INTENSIFICATION IN ESTABLISHED NEIGHBOURHOOD
STUDY (RIENS)RECOMMENDATIONS
RECOMMENDATION:
ThatCity-initiated ZoningBy-law amendmentZC/18/001/COK/NG, being an
amendment to Sections 3, 4, 5, 36, 37, 38, 39, 40, and 41 of By-Law 85-1and the
incorporation of Appendix H toBy-law 85-1, for the purpose of implementing
certain recommendations of the Residential Intensification in Established
Neighbourhoods Study (RIENS)be approved
By-July 16, 2018, attached to Report DSD-18-017 as Appendix A.
BACKGROUND:
Staff hasbeen working on aseries of initiativessince 2013
regardinginfillintensification in established residential neighbourhoods.In March 2017,
the Residential Intensification in Established Neighbourhoods Study (RIENS) was
presented to Planning and Strategic Initiatives Committee and the recommendations of
the study were endorsed.
REPORT:
RIENS recommended several amendmentsto the Zoning By-law. These included:
Zoning By-lawas it applies to the Study Areaidentified on the
map attached as Appendix A of this report.
Require new construction to generally be located a distance from the street that is
in line with existing dwellings.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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Reduce the maximum building height to permit a maximum of two storeys only in
a circumstance where a replacement dwelling is proposed between two bungalows
and maintain the current maximum permitted height everywhere else (10.5
metres).
Require that new garages be detached in the rear yard or attached on the side and
recessed behind the front face of the dwelling in areas where this is the norm. In
addition, new restrictions on garage width, garage projection and driveway width
should be Zoning By-lawfor the remainder of the Study Area.
Require that new garages be detached in the rear yard or attached on the side and
recessed behind the front face of the dwelling in areas where this is the norm. In
addition, new restrictions on garage width, garage projection and driveway width
Zoning By-lawfor the remainder of the Study Area.
In 2017,
Comprehensive Review of the Zoning By-law(CRoZBy) project. Included in the draft new
Zoning By-lawwere regulations implementing the RIENS direction for front yard building
setback, building height, and garages.
applied to specific areas or properties through future CRoZBy workand neighbourhood
specific planning reviews.At this time staff anticipates that it may take two or moreyears
to implement draft new residential zones across the approximately 50,000 residential
properties within Kitchener. Additionally, there continuesto be development proposals in
the central neighbourhoods and it would be beneficial to have the new regulations in place
sooner rather than later.
As such, as an interim measurethe proposed by-law sets out to addresstwo present
needs: (1)to promote front yard building setback consistency and regularity within
existing residential streetscapes and (2)to regulatethe location of an attached garageas
there is currently no regulation for an attached garagewithinthe study area. Regulations
pertaining to building height and whether or not anattached, detached or no garage is
deemedappropriate for certain neighbourhoodsor streetsas well as the review of the
appropriateness of the zoning of specific properties where multiple dwellings are currently
permitted,and
neighbourhood specific planning reviews.
Proposed Zoning By-law Regulations
An amendment to the existing Zoning By-law85-1 is proposed to implement the front yard
setback and attached garage regulations within the RIENSstudy area. The proposed
amendment includes the following regulations:
A requirement that attached garages not project beyond the front façade of the
building for single detached, duplex, semi-detached, semi-detached duplex, and
street townhouse dwellings, and;
A requirement that the front yard setback for new dwellings and front yard additions
to existing dwellings be setback the same distancefrom the street, plus or minus
onemetre, from the street as abutting dwellings.
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may be further refined through site specific regulations when bringing certain areas into
the new Zoning By-law. Some areasshould further consider the detailed treatment of
garages and front yard setbacks for any new development, as often they are part of the
defining elements and characteristics of a neighbourhood (such as not having attached
garages at the front of the dwelling).
The proposed Zoning By-lawamendment includes regulations in the R-2 through R-7
zones specific to the RIENS area. These zones, and therefore these regulations, are
primarily within the core of these neighbourhoods, not the edge or transitional conditions.
The regulations only apply if a property owneris proposing an addition;if an existing
dwelling is proposed to be demolished and replaced with a new permitted dwelling type;
orif a new residential building is proposedthrough the creation of a newinfilllot.
The proposed Zoning By-law amendment would help establish a standard for any new
residential development to be consistent with the streetscape character within our
established communities. Property owners have the right to make an application to vary
these standards (as with any Zoning By-law regulation), through a public process, as
there may be circumstances where it may be warranted to do so.
City Official Plan, 2014
development in establishment neighbourhoods shouldoccur. Much of thelands subject
to the proposed Zoning By-law.As per
the Official Plan, community areas provide for residential uses and non-residential
supporting uses that are intended to serve the immediate residential areas (policy
3.C.2.50). Within community areas, limited intensification may be permitted provided the
development is sensitive to and compatible with the character, form and planned function
of the surrounding context (policy 3.C.2.52).
Section 4 about residential
redevelopment and intensification. While the majority of new residential growth in the
Built-up Area isintended to occur within Intensification Areas, some residential
intensification may occur within neighbourhoods. Policy 4.C.1.8 providesguidance for
special zoning regulations, such as the proposed Zoning By-Law amendment. It identifies
several matters to be considered including the following:
New buildings and additions/modifications to existing buildings are to be
appropriate in massing and scale and compatible with the built form and
community character of the established neighbourhood;
Any front yard setback should be similar to adjacent properties and support and
maintain the character of the streetscape and the neighbourhood;
Front yard additions are only to be permitted where it can be demonstrated that
the addition/modification is compatible in scale, massing, design and character of
adjacent properties and is in keeping with the character of the streetscape;
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Policy 4.C.1.9 states,t within existing
neighbourhoods will be designed to respect existing character. A high degree of
Also, Policy
15.D.3.4 within Section 15.D.3 ential buildings,
additions and/or modifications to existing residential buildings and conversions in
predominantly low density neighbourhoods should be compatible with and respect the
massing, scale, design and physical character of the established neighbourhood and
The proposed Zoning By-Law amendment includes regulations requiring front yard
setbacks to be consistent with the front yard setbacks of neighbouring properties and
requires that attached garages not project beyond the front façade of the building. These
regulations ensure that redevelopment of properties within established neighbourhoods
provide for a consistent streetscape. Additionally the proposed regulations are one
measure (among more to come through CRoZByand the neighbourhood planning
reviews) that ensuresthat new and modified residential buildings are in keeping with the
character and location of a residential building on a lotof anestablished neighbourhood.
Planning staff is of the opinion that the proposed Zoning By-lawamendment is consistent
with the Official Plan.
Regional Official Plan, 2015
The Regional Official Plan (Chapter 2, policy 2.2B) acknowledges that most of the
Reg-Up Area consists of established residential neighbourhoods. It goes on to
state that although the majority of buildings are not expected to change significantly in
use or form, that development may occur within these areas and that any future
development within, or adjacent to these areas will need to respect the existing physical
character of the area. The proposed Zoning By-lawamendment includesregulations, the
intent of which is to provide parameters for development withinestablished areasto
respect the existing character of the area. Planning staff is of the opinion that the
proposed Zoning By-lawamendment is consistent with the Regional Official Plan.
Provincial Policy Statement(PPS), 2014
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial
interest related to land use planning and development. The PPS sets out principles to
development patterns thatoptimize the use of land, resources, and public investment in
infrastructure and public service facilities.While the current Zoning By-law is arguably
consistent with the PPS, the proposed Zoning By-lawamendment will assist in addressing
compatibility of new developmentwithin established neighbourhoods. Planning staff is of
the opinion that the proposed Zoning By-lawamendment is consistent with the PPSand
aligns with PPS objectives.
Growth Plan for the Greater Golden Horseshoe, 2017
The Growth Plan for the Greater Golden Horseshoe, 2017 (Growth Plan) supports the
achievement of complete communities that are designed to support healthy and active
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Plan requires allmunicipalities to develop an intensification strategy that, among other
things, identifies the appropriate type and scale of development and transition of built
from (policy 2.2.2.4b), and ensure land is zoned and developedin a manner that supports
the achievement of complete communities (policy 2.2.2.4d). The Kitchener Growth
major growth to intensification areas (such as the Urban Growth Centre, nodes and
corridors) while allowing for minor intensification within community areas provided that it
is compatible and respects the character of the existing neighbourhood. While the
applicable Zoning By-law provisions do not conflict with the Growth Plan, the proposed
Zoning By-law amendment helps achieve intensification in a way that is beneficial to the
Cityand therefore Planning staff is of the opinion that it is consistent with the Growth Plan.
Planning AnalysisSummary
As outlined earlier in this report, theproposed Zoning By-lawamendment is consistent
,
and the Growth Plan for the Greater Golden Horseshoe. It specifically implements several
recommendations of the RIENS thatin
Official Plan.
ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
Strategic Priority 3 Safe and Thriving Neighbourhoods
Strategy 3.3 Manage growth, curb urban sprawl, and foster more mixed-use
development, ensuring new development is integrated with the diversity and character of
the surrounding community.
FINANCIAL IMPLICATIONS:
No new or additional budget impacts are associated with these recommendations.
COMMUNITY ENGAGEMENT:
RIENS went through an extensive public engagement process includingholding three
public sessions; roundtable discussions; electronic feedback; discussions with the
Waterloo Region Home BuildersAssociation; a bus tour and an online survey. These
forms of engagement include inform, consult and collaborate. The recommendation for
new front yard, height and attached garagezoning regulations was generally supported
by members of the public throughout the RIENS process and endorsed by Council. The
proposed Zoning By-lawamendmenttherefore implements these changes.
INFORM -To inform the public and stakeholders about the statutory public meeting a
notice (Appendix B) will be placed in the July 20, 2018 edition of The Record in
accordance with the requirements of the Planning Act. Details about the statutory public
meeting will also be posted on theThe RIENS contact list will be used to
inform interested persons about the statutorypublic meeting.
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CONSULT -A statutory public meeting will be held on August 13, 2018. The purpose of
the statutory public meeting is for submissions to be made directly to Council on the
proposed Zoning By-lawamendmentin accordance with the provisionsof the Planning
Act.
PREVIOUS CONSIDERATION OF THIS MATTER:
Council endorsed a series of reports on this matter between 2013 and 2017 (CSD-13-
084, CAO-15-003, CSD-15-025, CSD-15-046, FCS-15-175, CSD-17-009, and CSD-17-
032).
CONCLUSION:
It is Planning staffopinion that the proposed Zoning By-lawamendment is consistent
with the Region of Waterloo Official Plan (2009), the City of Kitchener Official Plan (2014),
the Provincial Policy Statement (2014), and the Growth Plan for the Greater Golden
Horseshoe (2017). Staff recommends that the proposed Zoning By-lawbe approved.
REVIEWED BY:
Janine Oosterveld, Manager, Site Development and Customer Service
Brandon Sloan, Manager, Long Range and Policy Planning
ACKNOWLEDGED BY: Justin Readman, General Manager (Development Services)
ATTACHMENTS:
Appendix A -Proposed By-law including Appendix H(Map)
Appendix B Statutory Public Meeting Notice
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DSD-18-017
Appendix A
PROPOSED BYLAW
July 16, 2018
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 KitchenerImplementation of
specific Residential Intensification in Established
Neighbourhoods (RIENS) Recommendations)
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 3.5 of By-law 85-1, is hereby amended by deleting the first sentence in its entirety and
replacing it as follows:
to form part of this By-
2.Section 3.5 of By-law 85-1, is hereby further amended by adding sub-section3.5.8 after sub-
section 3.5.7as follows:
RESIDENTIAL INTENSIFICATION IN ESTABLISHED
NEIGHBOURHOODS STUDY (RIENS) AREA
The Residential Intensification in Established Neighbourhoods Study (RIENS) Area, as
delineated for the purposes of specific regulations that
3.Section 5.5 of By-law 85-1, is hereby amended by adding section 5.5D after section 5.5C as
follows:
5.5DATTACHEDGARAGES FOR SINGLE DETACHED DWELLINGS, DUPLEX
DWELLINGS, SEMI-DETACHED HOUSES, SEMI-DETACHED DUPLEX HOUSES,
AND STREET TOWNHOUSEDWELLINGSFOR LANDS IDENTIFIED ON
H
Hand zoned R-2, R-3, R-4, R-5, R-6, or R-7,an
attached garage associated with a single detached dwelling, duplex dwelling, semi-
detached house, semi-detached duplex house, and street townhousedwellingshall
not project beyond the front façade of the habitable portion of the dwelling.
4.Sections 36.2.1, 37.2.1, 38.2.1, 38.2.2, 39.2.1, 39.2.2, 39.2.440.2.2, 40.2.3, 40.2.4, 40.2.6,
41.2.2,and41.2.3of By-law 85-1 arehereby amended by adding the following provisions after
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; and Section 40.2.5, and 41.2.5 of By-law 85-1 are hereby amended by adding the
Minimum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)The average of the front yards of the
abutting lots, minus 1.0 metre;
ii)In the case where there is a vacant lot
abutting the affected lot, the average
of the front yards, minus 1.0 metre, of
the closest building on the next
adjacent lot, which must be no more
than 30 metres from the affected lots
closest side lot line;
iii)In the case of a cornerlot, the front
yard, minus 1.0 metre, of the abutting
loton which the dwelling faces the
same side of the street
Notwithstanding the foregoing, no part of
any building used to accommodate off-
street parking shall be located closer than
6.0metres to thestreet line.
b)In all other cases, the minimum front yard
shall be 4.5 metres. Notwithstanding the
foregoing, no part of any building used to
accommodate off-street parking shall be
located closer than 6.0 metres to the
street line.
Maximum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)The average of the front yards of the
abutting lots, plus 1.0 metre;
ii)In the case where there is a vacant lot
abutting the affected lot, the average
of the front yards, plus 1.0 metre, of
the closest building on the next
adjacent lot, which must be no more
than 30 metres from the affected
closest side lot line;
iii)In the case of a corner lot, the front
yard, plus 1.0 metre, of the abutting lot
on which the dwelling faces the same
side of the street,
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Notwithstanding the foregoing, no part of
any building used to accommodate off-
street parking shall be located closer than
6.0 metres to the street line.
b)In all other cases there is no maximum
front yard.
5.Section 41.2.6of By-law 85-1 is hereby amended by adding the following provisions after
Minimum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
bylaw:
i)For that portion of a dwelling with a
building height not exceeding 10.5
metres, the average of the front yards
of the abutting lots, minus 1.0 metre.
An additional setback of 1.5 metres
shall be required for every additional
portion of additional 3.0 metres of
building height thereafter;
ii)In the case where there is a vacant lot
abutting the affected lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
average of the front yards, minus 1.0
metre, of the closest building on the
next adjacent lot, which must be no
more than 30 metres from the affected
setback of 1.5 metres shall be required
for every additional portion of
additional 3.0 metres of building height
thereafter;
iii)In the case of a corner lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
front yard, minus 1.0 metre, of the
abutting lot on which the dwelling
faces the same side of the street. An
additional setback of 1.5 metres shall
be required for every additional portion
of additional 3.0 metres of building
height thereafter.
b)In all other cases the minimum front yard
shall be 4.5 metres for that portion of a
multiple dwelling within a building height
not exceeding 10.5 metres, and an
additional setback of 1.5 metres shall be
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required for every additional portion of
additional 3.0 metres of building height
thereafter.
Maximum Front Yard for lands identified on a)For dwellings and additions to dwellings
that project into the existing front yard
constructed after the effective date of this
by-law:
i)For that portion of a dwelling with a
building height not exceeding 10.5
metres, the average of the front yards
of the abutting lots, plus 1.0 metre, on
which the dwellings face the same side
of the street;
ii)In the case where there is a vacant lot
abutting the affected lot, for that
portion of a dwelling with a building
height not exceeding 10.5 metres, the
average of the front yards, plus 1.0
metre, of the closest building on the
next adjacent lot, which must be no
more than 30 metres from the affected
iii)In the case of a corner lot, for that
portion of a multiple dwelling with a
building height not exceeding 10.5
metres, the front yard, plus 1.0 metre,
of the abutting lot on which the
dwelling faces the same side of the
street.
b)In all other cases there is no maximum
front yard.
6.By-law 85-Residential Intensification in
Established Neighbourhoods Study (RIENS) Area after Appen
PASSED at the Council Chambers in the City of Kitchener this______day of ___________,2018
_____________________________
Mayor
_____________________________
Clerk
4
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Appendix H: Residential Intensification in Established Neighbourhoods Study (RIENS) Area
RINS Area Boundary
Lands within the RIENS Area are subject to specific regulations.
These regulations are included inSection 5 and Sections 36 to 41.
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METRIC SCALE1:80,000
05001,0002,000
Meters
´
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED CITY-INITIATED ZONING BY-LAWAMENDMENT
UNDER SECTION 34 OF THE PLANNING ACT
Residential Intensification of Established Neighbourhoods Study (RIENS)
The City of Kitchener is proposing new regulationsto Zoning By-law 85-1 in response to the Residential Intensification of
Established Neighbourhoods Study(RIENS)that was approved by Council in 2017. These regulations represent changes
to Sections 3, 4,5, 36, 37, 38, 39,40, and 41of the By-law in orderimplementa new front yard setback andgaragesetback
regulationsfor new residential buildings and additions to existingresidentialbuildings for lands located within the RIENS
area (see map).
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters, on:
MONDAY, AUGUST13, 2018 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in opposition
to, the above noted proposals. If a person or public body would otherwise have an ability to appeal the decision of
the City of Kitchener to the Local Planning Appeal Tribunal, but the person or public body does not make oral
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submissions at a public meeting or make written submissions to the City of Kitchener prior to approval/refusal of
these proposals, the person or public body isnot entitled to appeal the decision.
ADDITIONAL INFORMATIONis available by contacting the staff person noted below, viewing the staff report contained in the
agenda (available approximately 10 days before the meeting -https://calendar.kitchener.ca/council -click on the meeting date
th
in the calendar, scroll down & select meeting), or in person at the Planning Division, 6Floor, City Hall, 200 King Street West,
Kitchener between 8:30 a.m. -5:00 p.m. (Monday to Friday).
Brian Bateman, Senior Planner -519-741-2200 x7869 (TTY: 1-866-969-9994); brian.bateman@kitchener.ca
Natalie Goss, Senior Planner519-741-2200 x7067 TTY: 1-866-969-9994); natalie.goss@kitchener.ca
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