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HomeMy WebLinkAboutCSD-18-054 - A 2018-022 - 205 West Oak Trail1 Staff Report KI R Community Services Department www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: March 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly Student Planner — 519-741-2200 ext.7074 WARD: 5 DATE OF REPORT: March 12, 2018 REPORT #: CSD -18-054 SUBJECT: A2018-022 — 205 West Oak Trail Applicant — GSP Group Approved L,Odph Pak f 2 :'.&:� 1d 10 6 18 M 35'91 .. .. tca FIA .� , 29 .18'3d 3026. il w�ra,+7 G1G3G51;E91' r�J'l.l:ta C�,SSS4• JJ ' 62.59 5'S5 dri 4P+�'{ ti,..vu1+ dd H-11 C,LEMVy$YA3,]R H 11 Palk A1 pL1yY.,t.' X10 . i r,dcl w-�.i. 3�:: 1 9711 51: 48 •.2 Ct�si l727e751y .778.917 - 52 54 �9 Gd' �7 d9 b4. 4.1Subject Lands 15 117 15}53Jd :SU 11e �d2�Ip;,S"' 'is 12a n 21.e,t Su 1' tl 34 27 31a 5 __27 m 2G 21-M 3 k '22 21 .SY., G19491di 11:1 . If Iy H D'tii Nl&ER'; Sus _ 13 'am' 85 15 10 „ 27:276 g ?,oe - 94 n 7G'_2GP - r y" 258 93'191 WR©vk}iiLtir �'R� 210J94 97 L 1'K3 155 �t T175 278'Z29, 15131 1 •7 inM1Y 1e:2:F7,,27-?78 j15ttY M1 do*sr ail. 3a 111135139151 „i�,lr w.v Ku iP"1a4 3d .7151151723[275}1F .172 7176' 30. lwiori ti nH �5T ❑AM 109 1sr 217 1yoa+1 tin.ld' w 9s015d3-381 d'7 117 i�9g3}517'Q1a25 6221217 121 i'1 1 n21 u i.-1. 505 425 14111118 = 125 "d 61 6577'9717:7 .S OS:R Cq Location Map: 205 West Oak Trail am RECOMMENDATION That Application A2018-022 requesting relief from Section 53.2.1 of the Zoning By-law to allow a minimum side yard abutting a street of 1.5 metres, a minimum rear yard of 2 metres, and a minimum yard abutting a residentially zoned property of 6 metres, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 205 West Oak Trail is zoned Low Intensity Mixed Use Corridor (MU -1) in the Zoning By-law 85-1 and designated Mixed Use One in the City's Rosenberg Secondary Plan. The subject property is located northeast of the intersection of West Oak Trail and Postmaster Drive and the property currently contains no structures. The applicant is requesting relief from Section 53.2.1 of the Zoning By-law to allow a minimum side yard abutting a street of 1.5m rather than the required 4.5 metres, a minimum rear yard of 2 metres rather than the required 7.5 metres, and a minimum yard abutting a residentially zoned property of 6 metres rather than the required 7.5 metres. City Planning staff conducted a site inspection of the property on February 28, 2018. r,* s�sr,�r�srtcs �. �tr.w+r..irm,m rarrwm.e+ wM-ra rca.w.-aa.coni n w.vni a�r�-yte+r�o-Crw. �..Iw wn•v.y "•w tl�+r rano war. • ra>" a� • rtwd. iwrr 2�•! f� oc.d wino hpwegtVr rrrMo+s�+`I '4 xxr rr.m cn.w rr� MVLhAE510EHiUL p.� r rao � ws-t>a NOTES a r�r«tea.sa.v�mieem mbaa SITE PLAN APPLICATION Na. SP 17AMAV.16S SITE PLAN Pan of Part 2, Parti and Part 4 of flan 58& 18664 45'emer —amherg Limilad mesa City of Kitchener 2M Wast Oak Trail .... ., .,rrrcis x•xnn. z ^ ± Ffi•.ay 205 West Oak Trail 205 West Oak Trail Site Plan 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 offer the following comments. The subject property is designated Mixed Use One in the City's Rosenberg Secondary Plan. The objectives of the plan include delivering a range of land uses that will allow residents the opportunity to live, work, and play within the community; providing a full range of dwelling types; and encouraging compact development. The Mixed Use One designation encourages a range of different forms of housing to achieve a medium and high density neighbourhood. The requested variance to permit reductions in the required rear yard and side yard setbacks continues to maintain the desired medium density character of the neighbourhood as the site includes a range of dwelling types including staked townhouses, back-to-back townhouses, 6-plexes, and 4-plexes. Additionally, the reductions maintain the plan's intent to encourage a built form that is both compact and efficient for a various modes of travel by providing dwellings that are oriented towards the street. The proposed variance meets the general intent of the Secondary Plan designation as it encourages a range of different forms of housing and development that promotes active streetscape. It is the opinion of staff that the requested variance is appropriate. 2. The Applicant has requested a variance to permit a minimum side yard abutting a street of 1.5 metres rather than the required 4.5 metres, a minimum rear yard of 2 metres rather than the required 7.5 metres, and a minimum yard abutting a residentially zoned property of 6 metres rather than the required 7.5 metres. It is the opinion of staff that the intent of the 4.5 metres side yard setback for yards abutting a street is to ensure a consistent street edge and adequate separation for pedestrian and vehicular safety. The site has two frontages, one along Postermaster Drive and the second along West Oak Trail. The yard which abuts West Oak Trail functions as the front yard due to the orientation of the site. This interpretation in site orientation reflects the definition of yard in the Zoning By-law where a front yard is defined as a yard that extends across the full width of a lot measured at right angles from the lot line. Considering this, the reduction in side yard abutting a street setback from 4.5 metres to 1.5 metres meets the intent of the By-law because the side yard abutting a street, ie. West Oak Trail functions as a front yard. The required setback for front yards abutting a street is 1.5 metres and the requested variance is equal to that requirement. It is the opinion of staff, that the 3 metre reduction in side yard setback meets the general intent of the By-law with respect to establishing a street wall in an urban form and maintaining appropriate separation for pedestrian and vehicular safety. The second requested reduction is to reduce the rear yard setback from the required 7.5 metres to 2 metres. It is the opinion of staff that the intent of the 7.5 metres rear yard setback is to ensure appropriate privacy between adjacent properties and/or adequate separation between different land uses, environmentally sensitive areas, and outdoor amenity areas. Considering the orientation of the site, the rear yard will function as a side yard. The proposed 2 metres setback meets the intent of the By-law as there are no side yard setback requirements specified for side yards that do not abut a street or residentially zone property. For this site, the rear yard which functions as a side yard abuts a stormwater management pond. Environmental Planning staff has indicated that there are no concerns with the requested rear yard setback. It is the opinion of staff, that the 5.5 metres reduction in rear yard setback meets the general intent of the By-law with respect to appropriate privacy and separation from a municipal storm water management pond. Therefore, the impact is minimal because it backs onto a storm water management pond. The third requested reduction is to reduce the setback for a yard abutting a residentially zoned property from the required 7.5 metres to 6 metres. It is the opinion of staff that the intent of the 7.5 metres setback for yards abutting residentially zoned properties is to maintain appropriate privacy between adjacent properties between residential and non- residential and to provide adequate amenity space. The proposed development incorporates the use of a 1.8 metre high fence along the property lines which would provide sufficient screening. Additionally, the site is designed with central amenity areas and private patio spaces for each unit. As such, it is the opinion of staff that a 6.0 metre setback would not negatively impact the amount of usable amenity space for residents. 3. Considering the context of the site which has multiple street frontages, the requested variances are appropriate for the deployment and use of the land. The configuration of the proposed development utilizes the space by providing for a variety of dwelling types and an active frontage along West Oak Trail. It is the opinion of staff that the requested variances are a result of the site's context as having multiple street frontages. The requested variances should not impact the character of the surrounding neighbourhood as sufficient separation has been maintained between the development, the street, and adjacent properties. 4. The variance is minor for the following reasons: the side yard functions as a front yard and maintains the required 1.5 metres setback requirement for front yards abutting a street; the rear yard functions as a side yard and there are no setback requirements for side yards that do not abut a street or residentially zoned property in this zone; and the proposed 6 metres setback abutting residential properties maintains appropriate privacy and space due to the presence of central amenity space. Additionally, the proposed reductions would not impact privacy or safety as the Applicant is providing a fence along the property line and a street wall along West Oak Trail to account for separation between adjacent properties, municipal storm water management pond, and vehicular traffic. The proposed development respects the desired character of the neighborhood, a low to medium density community, providing a variety of dwelling types, and supporting an active streetscape along West Oak Trail. It is the opinion of staff, that the requested reductions in side yard and rear yard setbacks could be appropriately applied without compromising the privacy or safety of the proposed dwellings or the existing residential properties. Based on the foregoing, Planning staff recommends that this application be approved Building Comments: No concerns with the proposed application Transportation Services Comments: No concerns with the proposed application Engineering Comments: No concerns with the proposed application Operations Comments: No concerns with the proposed application Environmental Planning Comments: No concerns with the proposed application. Heritage Planning Comments: No concerns with the proposed application. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo March 06, 2018 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: D20-20/ VAR KIT GEN (3)/58 KIT, Bromberg, Garry, 1415 Huron Road (5, 6)/53 Fairway, Fusion Homes (7, 8) /VAR KIT, Freure North Subdivision (10)/VAR KIT, Emmanuel Bible College 70-136 Fergus Avenue Re: Committee of Adjustment Meeting on March 12, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 8 Bridge Street East (SG 2018-004): No concerns to the application. However, the owner should be made aware that any redevelopment application for these lands may require dedicated road widening up to 13.107 metres from Bridge Street centreline. Therefore, it is strongly recommended that the sign be located accordingly. Otherwise, an encroachment agreement with the Region; or actual relocation of the sign would be required at the owner's cost, at such times in future. 2. 54 Queen Street North (SG 2018-005): No concerns. The sign is on private property and should comply with City of Kitchener Sign By-law. 3. 205 West Oak Trail (A 2018-022): No concerns. 4. 51 Simeon Street (A 2018-023): No concerns. 5. 2 Crossbridge Avenue (A 2018-024): No concerns. 6. 500 Rivertrail Avenue (A 2018-025): No concerns. 7. 70 Castlebay Street (A 2018-026): No concerns. 8. 150 Rockcliffe Drive (A 2018-027: No concerns. 9. 66 West Avenue (A 2018-028): No concerns. 10.110, 130 and 136 Fergus Avenue (A 2018-029): No concerns. 11.356-420 King Street West (A 2018-032): No concerns. DOCS: 2670864 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. 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 Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@grand river. ca DATE: February 28, 2018 YOUR FILE: See below RE Applications for Signs: SG 2018-005 54 Queen Street North Applications for Minor Variance: A 2018-022 205 West Oak Trail A 2018-023 51 Simeon Street A 2018-024 2 Crossbridge Avenue A 2018-025 500 Rivertrail Avenue A 2018-026 70 Castlebay Street A 2018-027 156 Rockcliffe Drive A 2018-029 110, 130 & 136 Fergus Avenue A 2018-032 356-400 King Street West Applications for Consent: B 2018-016 3 Chapel Hill Drive B 2018-017 to 019 83 Elmsdale Drive B 2018-020 334-400 King Street West GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, //V'fig Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within dee scope and mandate of the Page 1 of 1 Grand River Conservation Authority.