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Home My WebLink AboutDSD-18-131 - A 2018-106 - 15 Tartan AveStaff Repod Development Services Department REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT # SUBJECT: 1 Kr�R wwwkitchener. ca Committee of Adjustment October 16, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Craig Dumart, Junior Planner- 519-741-2200 ext. 7073 5 October 4, 2018 DSD -18-131 Application #: A2018-106,15 Tartan Avenue Applicant: MHBC Planning Recommendation to Approve :t t - t '.10i 1 103 10404 I y � 108 ti a 112 3 � t i r 124 0 128 i 132 a 136 1 `- 140 144 y 148 REPORT 164/ 760 W M -"*%5ubject Property Location map: 15 Tartan Avenue Planning Comments: The subject property is zoned Residential Six Zone (R-6) and is designated as Low Rise Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the subject lands with 93 townhouse dwelling units. To facilitate the development the owner is 192 Location map: 15 Tartan Avenue Planning Comments: The subject property is zoned Residential Six Zone (R-6) and is designated as Low Rise Residential in the City of Kitchener's Official Plan. The owner is proposing to develop the subject lands with 93 townhouse dwelling units. To facilitate the development the owner is proposing to increase the Floor Space Ratio (FSR) (which is the figure obtained when the building floor area on a lot is divided by the lot area) from 0.6 to 0.75 FSR. Additionally the owner is requesting to reduce the rear yard setbacks for units 25 and 93 (refer to SP18/004/T/CD attached) from 7.5 metres to 2.5 metres as the rear yards function as side yards. As such, the applicant is requesting relief from Section 40.2.6 of the Zoning By-law to allow the increased FSR and decreased rear yard setbacks. Staff conducted a site visit on September 24, 2018. Undeveloped Subject Lands at 15 Tartan Avenue 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 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 multiple dwellings is being relied upon to determine whether the proposed variances meet the general intent of the Official Plan. It is planning staff's opinion that the proposed variances meet the general intent of the Official Plan which encourages a range of different forms of housing to achieve a low density neighbourhood. The minor change to increase the Floor Space Ratio and reduce rear yard setbacks that function as side yards will maintain the low density character of the property and surrounding neighbourhood, which is characterized by a variety of lot sizes and built form options. The general intent of Floor Space Ratio requirements in the Low Rise Residential designation is to regulate the massing and scale of a development to ensure compatibility with surrounding areas. To further ensure compatibility, the Low Rise Residential designation does not allow residential buildings to exceed three storeys in height or a FSR of 0.75. The proposed variance conforms to the designation and it is the further opinion of staff that the requested variances are appropriate. 2. The requested variance to increase the Floor Space Ratio meets the general intent of the Zoning By-law. The intent of the Floor Space Ratio regulation in the Zoning By-law is to ensure the new development is of a scale and massing that is compatible with the surrounding residential neighbourhood. The requested variance to permit a rear yard setback of 2.5 metres from the rear lot line for units 25, and 93 (refer to SP18/004/T/CD attached) rather than 7.5 metres meet the general intent of the Zoning By-law as the rear yards of these units function as side yards. The side yards of these units provide a side yard setback greater than 7.5 metres that function as rear yards for the units. It is staff's opinion that the design and location of buildings on site will have minimal impacts on the surrounding low rise residential development. As such, it is staff's opinion that the requested variances for increased Floor Space Ratio and decreased rear yard setbacks is appropriate. 3. The proposed variances can be considered minor and appropriate for the development and use of the land which is compatible with adjacent land uses and is appropriately scaled for the neighbourhood. It is staffs opinion that the proposed minor variances will have minimal impact of the surrounding low rise residential development due to the location and orientation of buildings proposed on site. It is staff's opinion that this development is considered good planning. 4. The proposed variances are appropriate for the development and use of the land as the proposed residential use is a permitted use in the Zoning By-law. The scale, massing, height and setbacks of proposed buildings will not negatively impact the existing character of the subject property or surrounding neighbourhood. Heritage Comments: Heritage Planning staff has no concerns with the proposed variance. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed townhouse block is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Engineering Services Comments: No concerns. RECOMMENDATION That application A2018-106 requesting relief from Section 40.2.6 of the Zoning By-law to permit a Floor Space Ratio (FSR) of 0.75 whereas the Zoning By-law allows 0.6 and additional relief from Section 40.2.6 to permit a minimum rear yard setback of 2.5 metres whereas 7.5 metres is required, be approved without conditions. Craig Dumart, BES, MCIP, RPP Juliane von Westerholt, BES, MCIP, RPP Junior Planner Senior Planner Region of Waterloo October 9, 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 No.: D20-20/VAR KIT GEN 1, 4, 8, 9, 10 Re: Committee of Adjustment Meeting on October 16, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. SG 2018-010 — 505 Franklin Street North, Steve Roth (City of Kitchener) 2. SG 2018-011 — 1700 Queens Boulevard, Steve Roth (City of Kitchener) 3. SG 2018-012 — 22 Frederick Street, EuroPro GP Inc. 4. A 2018-106 — 15 Tartan Avenue, Primeland Developments (2003) Limited 5. A 2018-107 — 624 King Street West, Rahim Anwar 6. A 2018-108 — 400 Bingemans Centre Drive, Summit Ltd. 7. A 2018-109 — 1331 Countrystone Drive, Sunvest Development Corp. 8. A 2018-110 — 97 Rivertrail Avenue, 25229365 Ontario Inc. 9. A 2018-112 — 84 Mansion Street, Gary & Neda Cushing 10. A 2018-113 — 56 Cameron Street North, Tony Rossel 11. A 2018-114 — 227 Manitou Drive, Ali Rasoul 12. A2018-115 — 1425 Block Line Road, NVU — Homer Watson Ltd. 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Document Number: 2839402 Yours Truly, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — VAR KIT — Kitchener, City of/Fire Station 3 — 06 FREDERICK GEN 5 — 15 KING KIT — Scherifali, Ahmet 6 — VAR KIT — Brick Brewing Co. 7 — 57 — Sunvest Development Corp. 11 — 69 — Rasoul, Ali 12 — 28 — Northview Apartment REIT Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning 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 PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE October 4, 2018 YOUR FILE: See below Applications for Minor Variance (Sign): SG 2018-010 505 Franklin Street North/39 Midland Drive SG 2018-011 1700 Queens Boulevard SG 2018-012 22 Frederick Street Applications for Minor Variance: A 2018-104 387 King Street East A 2018-106 15 Tartan Avenue A 2018-107 624 King Street West A 2018-108 400 Bingemans Centre Drive A 2018-109 1331 Countrystone Drive A 2018-110 97 Rivertrail Avenue A 2018-112 84 Mansion Street A 2018-113 56 Cameron Street North A 2018-114 227 Manitou Drive A 2018-115 1425 Block Line Road Applications for Consent: B 2018-116 357 King Street East 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.