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Home My WebLink AboutDSD-18-061 - A 2018-061 - 1 Adam StREPORT TO:Committee of Adjustment DATE OF MEETING:July 17, 2018 SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext.7157 PREPARED BY:Andrew Pinnell,Planner,519-741-2200 ext. 7668 WARD:10 DATE OF REPORT:July 6, 2018 REPORT #:DSD-18-061 SUBJECT:A2018-061–1 Adam Street (Victoria Common) Block 4, 58M-531 Applicant –Kevin Muir,GSP Group Recommendation to Approve Subject Lands Location Map: Block 4 –Victoria Common *** 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, Block 4 in the development commonly known as1 Adam Streetor Victoria Common, is designated MediumRise Residential in the City’s Official Plan and zoned ResidentialEight Zone(R-8)in Zoning By-law 85-1 with Special Use Provision 117U and Special Regulation Provision 631R.TheBlock 4landsare currently developed with two mid-rise multiple residentialbuildings. This blockformspart of the broader Victoria Common development, which consists of a mix of mid-rise multiple residential, townhouse dwellings fronting on public streets, and townhouse dwellings fronting onprivate roads(common element condominiums). The balance of Block 4is proposed to be developed with three additional multiple dwelling buildings, which will require future planning approvals. The two existing buildings, separately addressed as 155 St. Leger Street and 15 Prince Albert Boulevard, aretwo separate condominiumswhich upon registration form a de facto severance.The site as a whole has been planned comprehensively with easements in favour of Block 4 registered on title granting legal vehicular and pedestrian access over the private roads, namely Prince Albert Boulevard and Victoria Marie Court. However, as a resultof the condominium registrations,the remaining Block 4will no longer have frontage on the public street.As such, the Owner is requesting relief of Section 5.2 of the Zoning By-law to allow the development of land to not have frontage on a public street, but rather to have access over a private roadway that leads to a public street, whereas the By-law requires all lots to have frontage on a public street. City Planning staff conducted asite inspection of the property onJune 28, 2018. Existing Mid-Rise Multiple Dwelling Buildings (155 St. Leger Street and 15 Prince Albert Boulevard) Remainder of Block 4 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: 1.The subject property is designated MediumRise Residentialwith Special Policy Area 23in the City’s 2014 Official Plan. The 2014 Official Plan designation is currently in effect, however a number of MediumRise Residential policies are under appeal.As such, certain policies from the Medium Rise Residential designation in the 1994 OfficialPlan are being relied upon. Policy 3.1.3.1 states that the Medium Rise Residential designation favours the mixing and integration of different forms of housing to achieve a medium overall intensity of useand emphasizes that multiple residential is the predominant form of development intended for this designation.As the lands are currently developed with midrise multiple residential, and have been planned to be further developed with additional multiple residential buildings,it is planning staff’s opinion that the development meets the general intent of the Official Plan. Further, staff is satisfied that through the provision of easements providing legal access over the private roads, the proposed variance to allow the development of land to not have frontage on the public street meets the general intent of the Official Plan. 2.The requested variance to allow the development of the block without frontage on a public street meets the general intent of the Zoning By-law.The purpose of the requirement for frontage on a public street is to ensure there is legal access from the public right-of-way to privately owned land. The Victoria Common development has been comprehensively planned as one, cohesive development. All necessary easements to provide access from St. Leger Street have been provided over the private roads (common element condominiums)known as Prince Albert Boulevard and Victoria Marie Court. These easements securelegal access to a visitor parking lot servicing the two existing mid-rise buildings, as well as the future development lands consisting of the remainder of Block 4. As such, legal access has been planned for and provided from the public street, therefore staff is satisfied the requested variance meets the general intent of the Zoning By- law. 3.The proposed varianceisdesirable for the appropriate development and use of the land as the multiple dwellinguse is a permitted use in the Zoning By-law. The scale, massing and height of the existing multiple dwellingsdoesnot negatively impact the existing character of the subject property or surrounding neighbourhood, nor will the requested variance to allow the development of the remainder of Block 4 without frontage on the public street. 4.The variances can be considered minor asthevariancewill not present any significant impacts to adjacent properties and the overall neighbourhood. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Comments: No heritage concerns. Environmental Planning Comments: No environmental concerns RECOMMENDATION ThatApplicationA2018-061requesting relief of Section 5.2 of the Zoning By-law to allow the development of land to not have frontage on a public street, but rather to have access over a private roadway that leads to a public street, whereas the By-law requires all lots to have frontage on a public street,be approvedwithout conditions. Andrew Pinnell,MCIP, RPP Juliane von Westerholt, MCIP, RPP Planner Senior Planner July 04, 2018 Holly Dyson City of Kitchener 200 King Street West File: D20-20/VAR KIT GEN P.O. Box 1118 (5) /VAR KIT, 8141362 Ontario Inc. Kitchener, ON N2G 4G7 (8) /VAR KIT, Michael Prendiville (11) /VAR KIT, Goran and Milena Gligorovic Dear Ms. Dyson: Re: Committee of Adjustment Meeting on July 17, 2018, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 901 Pebblecreek Court (A 2018-057): No concerns. 2. 352 Maple Avenue (A 2018-058): No concerns. 3. 39 Susan Crescent (A 2018-059): No concerns. 4. 6 Waterwillow Court (A 2018-060): No concerns. 5. 1 Adam Street (A 2018-061): No concerns. 6. 330 Joseph Schoerg Crescent (A 2018-062): No concerns. 7. Doonwoods Crescent Parts 2 & 3 58R-17119 (A 2018-063): No concerns. 8. 304 Park Street (A 2018-064): No concerns. 9. 101 Mt. Hope Street (A 2018-065 & A 2018-066): No concerns. 10. 105 Mt. Hope (A 2018-067 & A 2018-068): No concerns. 11. 44 Fifth Avenue (A 2018-069): 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. 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. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЋАЏВЎЏЊ 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N1R 5W6 Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319 E-mail: thughes@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: July 5, 2018 YOUR FILE: See below Applications for Minor Variance: RE: A 2018-057 901 Pebblecreek Court A 2018-058 352 Maple Avenue A 2018-059 39 Susan Crescent A 2018-060 6 Waterwillow Court A 2018-061 1 Adam Street A 2018-063 Doonwoods Crescent A 2018-064 304 Park Street A 2018-065 101 Mount Hope Street A 2018-066 101 Mount Hope Street A 2018-067 105 Mount Hope Street A 2018-068 105 Mount Hope Street A 2018-069 44 Fifth Avenue Applications for Consent: B 2018-044 43 Barclay Avenue B 2018-047 239 Wellington Street North B 2018-048 Weichel Street at Victoria Street South B 2018-049 Weichel Street at Victoria Street South B 2018-050 Weichel Street at Victoria Street South B 2018-051 304 Park Street B 2018-052 101 Mount Hope Street B 2018-053 105 Mount Hope Street B 2018-054 44 Fifth Avenue 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, Trisha Hughes Resource Planner Grand River Conservation Authority Page 1 of 1 *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority.