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Home My WebLink AboutCA - 2017-12-12 - A 2017-126 - 235 Forest Creek DrStaff Report I rTc'.�► t .R Community Services Department wwwkitchener.ca REPORT TO: DATE OF MEETING SUBMITTED BY: PREPARED BY: APPLICATION #: ADDRESS: PROPERTY OWNER: SUMMARIZED RECOMMENDATION: DATE OF REPORT: REPORT Committee of Adjustment December 12, 2017 Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 Craig Dumart, Junior Planner - 519-741-2200 ext. 7073 A 2017-126 235 Forest Creek Drive (PLAN 58M-505 PARTT BLOCK 8 REGISTERED PLAN 58R-19876 PART 57) Kenmore Homes (Waterloo Region) Inc. Approve December 1, 2017 2 32 256 2 (50 228 V sublettrroPeM 2 64 235 231 220 216 88 2 12 269 273 H4 219 208 215 Location Map: 235 Forest Creek Drive Planning Comments: The subject property located at 235 Forest Creek Drive is designated Low Rise Residential in the City's Official Plan and is zoned Residential Three Zone (R-3) with Special Regulation Provision 464R in the City's Zoning By-law. The subject property is located on a corner lot at the bend on Forest Creek drive and is currently undeveloped. The owner is proposing to reduce the driveway setback from the corner to 7.5 metres to allow flexibility in the design of a future home to be built on the vacant subject property. The owner is requesting relief from section 6.1.1.1 b) iv) of the Zoning By-law for a driveway to be located 7.5 metres from the intersection of the street lines abutting a lot for a single detached dwelling, whereas the By-law requires 9.0 metres. A site visit was conducted November 14, 2017. Present lot at 235 Forest Creek Drive In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments regarding the requested minor variances: The subject property is designated Low Rise Residential in both the City's 2014 Official Plan and 1994 Official Plan. The 2014 Official Plan Designation is in effect, however a significant number of Low Rise Residential policies from the 2014 Official Plan are under appeal and therefore are not being relied upon for this report. Instead Low Rise Residential Policy 3.1.2.1 from the 1994 Official Plan which allows for low density forms of housing such as single detached dwellings is being relied upon to determine whether the proposed variance meets the general intent of the Official Plan. It is planning staffs opinion that the proposed variance meets the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The requested variance is appropriate and will maintain the low density character of the property and new surrounding neighbourhood. The proposed variance meets the general intent of the Official Plan. 2. The intent of the required 9 metre separation from the driveway to the intersection of the street lines abutting the corner lot is to ensure pedestrian and vehicular safety. It is staffs opinion that the 1.5 metre reduction is minor and will not impact the property or access to the intersection and will therefore not compromise safety to pedestrians or vehicles. Transportation Planning staff has also indicated that they have no concerns with the requested reduction of 9.0 metres to 7.5 metres. Therefore the variance meets the general intent of the Zoning By-law. 3. The variance is considered minor as it is staffs opinion that the proposed 7.5 metre setback from the intersecting street lines allows for sufficient separation from the driveway and as such will not impact access or visibility to the intersection for vehicular and/or pedestrian traffic. 4. The variance is appropriate for the development and use of the land as it is staffs opinion that the requested variance will not impact the subject property, adjacent lands abutting intersection or safety of pedestrian or vehicular traffic. Based on the foregoing, Planning staff recommends that application A2017-126 be approved Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed detached garage. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Comments: As the proposed reduction would not affect the daylighting triangles, Transportation Services have no concerns with a 1.5 metre reduction from the required 9.0 metre intersection setback to a driveway, to provide a 7.5 metre setback. Engineering Comments: No concerns. Environmental Planning Comments: No concerns. RECOMMENDATION That application A 2017-126 requesting relief from section 6.1.1.1 b) iv) of the City of Kitchener Zoning By-law for a driveway to be located 7.5 metres from the intersection of the street lines abutting a lot for a single detached dwelling, rather than the required 9 metres be approved. Craig Dumart, BES Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner November 27, 2017 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www. reg i o n ofwate r l o o. ca File: T 15-40/VAR KIT GEN (4 & 5) /53 Fairway, Fusion Homes (10) NAR KIT, Madison Avenue Development, 51 & 53 David St Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments - 1 . omments: 1. 25 Breithaupt Street (SG 2017-018): No concerns. 2. 356 Arnold Street (A 2017-120): No concerns. 3. 519 Morrison Road (A 2017-121): No concerns to this application. However, the owner(s) please be made aware that these lands are subject to all provisions of the Federal Airport Zoning Regulations, being located in the outer surface of the Region of Waterloo International Airport. 4. 2 Valleybrook Drive (A 2017-122): No concerns. 5. 18 Valleybrook Drive (A 2017-123): No concerns. 6. 6 Catalina Court (A 2017-124): No concerns. 7. 45 Highgate Road (A 2017-125): No concerns. 8. 235 Forest Creek Drive (Part 57, Plan 58R-19876) (A 2017-126): No concerns. 9. 46 Cherry Street (A 2017-127): No concerns. 10.51 David Street (A 2017-128): No concerns. 11. 156 & 158 Donald Street (A 2017-129): No concerns. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. DOCS: 2566097 The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 4 Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca DATE: November 23, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-018 25 Breithaupt Street Applications for Minor Variance: A 2017-120 356 Arnold Street A 2017-121 519 Morrison Road A 2017-122 2 Valleybrook Drive A 2017-124 6 Catalina Court A 2017-125 45 Highgate Road A 2017-126 Part 57, Plan 58R-19876 A 2017-127 46 Cherry Street A 2017-128 51 David Street A 2017-129 158 Donald Street Applications for Consent: B 2017-048 427 Old Chicopee Trail B 2017-050 156 & 158 Donald Street GRCA COMMENT*: (Forest Creek Drive) The above noted applications are located outside the Authority areas of interest. As such, we will not undertake and plan review fees will not be required. If you have additional information, please contact me. Sincerely, Andrew Herreman Resource Planning Technician Grand River Conservation Authority AH/dp Grand River Conservation a review of the applications any questions, or require These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page i of 1 Grand River Conservation Authority.