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Notice of application and public meeting regarding proposed amendments to the Zoning Bylaw

May 23, 2017 -

A public meeting will be held on Thursday, June 15, 2017 at 6:30 p.m. in Council Chambers, City Hall, 216 Ontario St.

Background

Through the recent consideration of an interim control bylaw in the neighbourhoods near Queen's University and St. Lawrence College (near campus neighbourhoods), staff were directed to report back to council with options and recommendations to help guide appropriate infill and intensification in the near campus neighbourhoods. A number of short- and long-term recommendations were made by staff and were approved at the May 2, 2017 council meeting (Report Number 17-139). The following amendments to the City's Zoning Bylaw(s) stem from the recommendations, as approved by council.

City file number: D14-018-2017

Address of property: Areas regulated by Zoning Bylaw Numbers 8499, 76-26, 96-259, 97-102 and 32-74 (location in DASH shown as City Hall, 216 Ontario Street)

Applicant: The Corporation of the City of Kingston

Purpose and effect of the proposed amendment: To implement the recommendations of the Amenity Area Review Study Final Report completed in January 2015 by Dillon Consulting Limited with respect to amenity areas in multi-unit dwellings, and to propose new amenity space or landscaped open space requirements for one and two-unit dwellings.

The purpose of the Amenity Area Review Study was to review and recommend revisions to existing policies and regulations for the provision of amenity areas in multi-unit residential developments in Kingston. The Amenity Area Review Study Final Report was received by Council on April 21, 2015. The proposed amendments to the five principal zoning bylaws are intended to implement the recommendations of the study. Since the Amenity Area Review Study only included an analysis of multi-unit dwellings, staff was directed to develop appropriate amenity space provisions for one- and two-unit dwellings. A review of existing amenity area provisions of the City's zoning bylaws and those of other municipalities was undertaken by City staff in 2007. This review concluded that that, for one and two-unit dwellings, a combination of setbacks, maximum lot coverage provisions and minimum landscaped open space provisions are used to preserve outdoor amenity space. The review recommended the inclusion of minimum landscape open space requirements for one- and two-unit dwellings in the residential zones.

The following is a summary of the proposed revisions:

  • A new consistent definition of "amenity area" is proposed for the five principal zoning bylaws;
  • Amenity space requirements for residential developments containing three or more units is proposed as follows:
    • 10 square metres per dwelling unit in the mixed commercial/residential use zones in the downtown area and along the Princess Street Corridor; and
    • 18.5 square metres per dwelling unit in the rest of the city;
  • Functional design standards for amenity areas are proposed as follows:
    • Amenity areas, or any part thereof, shall be designed and located so that the length does not exceed four times the width; and
    • Amenity areas, if provided as communal space, must be aggregated into one area or grouped into areas of not less than 54 square metres;
  • Play space requirements are proposed to be removed where they exist;
  • A new amenity space or landscaped-open-space requirement is proposed for one- and two-unit dwellings in residential zones, as appropriate.

Key map: The proposed amendment affects all lands regulated by Zoning Bylaw Numbers 8499, 76-26, 96-259, 97-102 and 32-74; therefore a description of the subject lands or a key map is not provided.

City file number: D14-017-2017

Address of property: Area regulated by Zoning Bylaw Number 8499 (location in DASH shown as City Hall, 216 Ontario St.)

Applicant: The Corporation of the City of Kingston

Purpose and effect of the proposed amendment: To remove provisions from Zoning Bylaw Number 8499 that provide for the conversion of a one-family dwelling into a two-family or a multi-family dwelling. As a result of the proposed amendment, any conversion of a one-family dwelling to a two-family or multiple-family dwelling would be required to meet the same zoning requirements as new construction.

Currently, one-family dwellings that meet the provisions of Sections 5.23 "Conversion of a One-Family Dwelling to a Multiple-Family Dwelling" and 5.23(A) "Conversion of a One-Family Dwelling to a Two-Family Dwelling" can be converted as-of-right into two or multiple-family dwellings. The City is considering the removal of these conversion provisions because of the inconsistencies arising from the use of different standards between Sections 5.23 and 5.23(A) and the potential for proposals to bypass public consultation. Other sections of the Bylaw that reference or implement Sections 5.23 and 5.23(A) including Section 5.3A.(a)ii(1) and 5.3A.(c) regarding off-street vehicle parking; Section 6.2(b) regarding uses permitted in the One-Family Dwelling and Two-Family Dwelling Zone "A"; and Section 6.3(a)(i) regarding minimum lot area, are also proposed to be removed.

The proposed amendment is summarized below:

  • Amending Section 5.3A.(a)ii(1) by deleting the following text: "(New Buildings and Conversions)";
  • Deleting Section 5.3A(c) in its entirety;
  • Deleting Section 5.23 in its entirety;
  • Deleting Section 5.23(A) in its entirety;
  • Amending Section 6.2(b) by deleting the following text: ", and conversions of one-family dwellings to two-family dwellings subject to the provisions of Section 5.23(A)"; and
  • Amending Section 6.3(a)(i) by deleting the following text: "(Except for conversions as per Section 5.23)".

As a result of the proposed amendment, any conversion of a one-family dwelling to a two-family or multiple-family dwelling would need to meet the same zoning requirements as new construction and, failing that, would require zoning relief, thereby providing an opportunity for public input, staff review and comment, and approval by council or the committee of adjustment as appropriate.

Key map: The proposed amendment affects all lands regulated by Zoning Bylaw Number 8499; therefore a description of the subject lands or a key map is not provided.

Other applications: There are many site-specific applications that are currently in process for minor variances, consents, Official Plan amendments or plans of subdivision within the City of Kingston. For a complete list of site-specific applications, please contact the planning division at 613-546-4291, extension 3180.

Additional information about the proposed amendments can be viewed at the office of the planning division at 1211 John Counter Blvd., between 8:30 a.m. and 4:30 p.m., Monday to Friday, or by accessing the Development and Services Hub (DASH) at www.CityofKingston.ca/business/DASH. Enquiries may be made by calling Sukriti Agarwal, senior planner, 613-546-4291, ext. 3217.

For more information about this matter, including information about preserving your appeal rights, contact the planning division via:

Mail:        216 Ontario St., Kingston, ON K7L 2Z3
Fax:         613-542-9965
Email:      sagarwal@cityofkingston.ca
Phone:     613-546-4291, ext. 3217.

Written comments for or against these changes may be sent to the planning division via:

Mail:        216 Ontario St., Kingston, ON K7L 2Z3
Fax:         613-542-9965
Email:      sagarwal@cityofkingston.ca

Public consultation

Anyone may attend the public meeting and make a verbal statement, and/or submit comments in writing, either in support of or in opposition to the proposed Zoning Bylaw amendments. The planning committee will receive a preliminary information report with respect to the proposed amendments at the public meeting, which will be available to the public at www.CityofKingston.ca/PlanningCommittee on June 10. A comprehensive report will be presented at a future meeting of the planning committee, at which time a recommendation will be made to council regarding the amendments.

Please note that city council has delegated to the planning committee the authority to hold the public meeting instead of council. All representations, both verbal and written, will be considered only by the planning committee, which will submit a committee report with its recommendations to council for a decision on the matter.

Notice of collection: Personal information collected as a result of this public meeting is collected under the authority of the Municipal Act, the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA), the Planning Act, and all other relevant legislation, and will be used to assist in making a decision on this matter. All personal information (as defined by MFIPPA), including (but not limited to) names, addresses, opinions and comments collected will be made available for public disclosure to members of the public, at the meeting, through requests, and through the website of The Corporation of the City of Kingston. Questions regarding the collection, use, and disclosure of this personal information may be directed to the director of the planning, building and licensing services, 216 Ontario St., Kingston, Ontario, K7L 2Z3.

DATED: at Kingston Ontario
this 23rd day of May, 2017

John Bolognone
City Clerk