HomeMy WebLinkAboutDSD-19-173 - B 2019-032 to B 2019-050 & A 2019-066 to A 2019-081 - Monarch Woods Dr & Ian Ormston DrStaff Report
Development Services Department
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
1
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www.kitchener. ca
Committee of Adjustment
July 16, 2019
Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Eric Schneider, Junior Planner - 519-741-2200 ext. 7843
4
July 8, 2019
DSD -19-173 and DSD -19-174
A2019-066 to 081
78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive &
110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive
Applicant - Pierre Chauvin, MHBC Planning
Approve
B2019-032 to 050
78, 84, 86, 92, 94, 104, 106, 112, 114, 116, 122 Monarch Woods Drive &
110, 116, 118, 124, 126, 132, 134,140 Ian Ormston Drive
Applicant - Pierre Chauvin, MHBC Planning
Approve with Conditions
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*** 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:
This application includes a total of 19 properties. The application numbers will correspond with
the addresses as follows:
78 Monarch Woods Drive
A2019-066 & B2019-032
84 Monarch Woods Drive
A2019-067 & B2019-033
86 Monarch Woods Drive
A2019-068 & B2019-034
92 Monarch Woods Drive
B2019-035
94 Monarch Woods Drive
A2019-069 & B2019-036
104 Monarch Woods Drive
A2019-070 & B2019-037
106 Monarch Woods Drive
B2019-038
112 Monarch Woods Drive
A2019-071 & B2019-039
114 Monarch Woods Drive
A2019-072 & B2019-040
116 Monarch Woods Drive
B2019-041
122 Monarch Woods Drive
A2019-073 & B2019-042
110 Ian Ormston Drive
A2019-074 & B2019-043
116 Ian Ormston Drive
A2019-075 & B2019-044
118 Ian Ormston Drive
A2019-076 & B2019-045
124 Ian Ormston Drive
A2019-077 & B2019-046
126 Ian Ormston Drive
A2019-078 & B2019-047
132 Ian Ormston Drive
A2019-079 & B2019-048
134 Ian Ormston Drive
A2019-080 & B2019-049
140 Ian Ormston Drive
A2019-081 & B2019-050
The 19 subject properties listed above are zoned Residential Six Zone (R-6) with Special Use
Provision 448U and Special Regulation Provision 669R in the Zoning By-law 85-1 and
designated Low Rise Residential in the 2014 Official Plan. Staff conducted a site inspection of
the property on July 4t", 2019.
The applicant is requesting relief from Section 40.2.5 in the Zoning By-law to allow a side yard
setback of 0.91 metres, whereas the By-law requires a side yard setback of 2.5 metres for street
townhouse dwellings. The applicant is also requesting relief from Section 5.5C.1 to allow for the
width of a garage to be 100% of the fagade, whereas the By-law allows for a maximum garage
width of 70% of the fagade.
The applicant is also requesting consent to create rear yard access easements to allow
residents to access their rear yards, as required by Zoning By-law 85-1.
Minor Variances
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.
Side Yard Setback Variance
The requested variance meets the general intent of the 2014 Official Plan. The Official
Plan favours the mixing and integration of different forms of housing to achieve a low
overall intensity of use. The requested variance for reduction in side yard setback does
not interfere with the general intent of the Official Plan.
2. The requested variance meets the general intent of the Zoning By-law. The intent of the
regulation that requires a side yard setback of 2.5 metres is to allow for access and to limit
impacts to neighbouring properties. Staff believes that the proposed 0.91 metre setback will
be adequate to provide access to the rear yard. Staff acknowledges that the part of the
building proposed to be located 0.91 metres to the side lot line is a covered porch, which
would have much less of an impact than if the 3 storey building itself was located at that
distance to the property line. Staff believes the distinction between the impacts of a 3 storey
building and a one storey covered porch is important to note and believes that a covered
porch located 0.91 metres to the side lot line will not have an adverse impact on
neighbouring properties. Therefore, the requested variance for reduction in side yard
setback meets the general intent of the Zoning By-law.
3. The proposed variance is considered desirable and appropriate for the development and
use of the lands. Staff is supportive of the proposed large and functional porches, and
believes that the proposed variance is appropriate for the development.
4. The variance is considered minor. Staff believe any impacts of a covered porch located
0.91 metres to the side property line to be minor.
Garage Width Variance
The requested variance meets the general intent of the 2014 Official Plan. The Official
Plan favours the mixing and integration of different forms of housing to achieve a low
overall intensity of use. The requested variance for garage width does not interfere with
the general intent of the Official Plan.
2. The requested variance meets the general intent of the Zoning By-law. The intent of the
regulation that limits garage width to 70% of the width of the fagade is to maintain the
character of the streetscape and to provide adequate separation between driveways.
City Urban Design staff has reviewed the proposed elevation drawings submitted with
the application and believes that the character of the streetscape can be maintained
given the high level of articulation between end units and interior units within the
proposed townhouse blocks. To address the separation between driveways, the end
units are designed to flank the front porch entrances of the abutting interior units, which
provides a substantial separation distance between the driveways within each proposed
townhouse block.
3. The proposed variance is considered desirable and appropriate for the development and
use of the lands. Staff is supportive of the overall design of the proposed buildings, and
believes that the proposed variance is appropriate for the development.
4. The variance is considered minor. Staff believes that the requested variance is due to
the design of the proposed buildings, and believes any impacts will be minor.
Based on the foregoing, Planning staff recommends that these applications be approved
subject to the conditions outlined in the Recommendation section of this report.
View of Vacant Lands for Proposed Street Townhouse Dwellings (July 4t", 2019)
Building Comments:
The Building Division has no objections to the proposed consent. Region of Waterloo and Area
Municipalities' Design Guidelines and Supplemental Specifications for Municipal Services
(DGSSMS) allows only one service per lot. Separate building permit(s) will be required for the
construction of all new residential buildings.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
RECOMMENDATION
That applications A2019-066-081 requesting permission to construct street townhouse
dwellings with a side yard setback of 0.91m rather than the required 2.5m and; to have a
garage width of 100% of the width of the front fagade rather than the maximum permitted
garage width of 70% be approved.
Consent Applications for Easements
The applicant is requesting consent to create a total of 19 easements to allow for rear yard
access for interior townhouse residents. The proposed easements measure 0.91 metres in
width, and vary in length and depth according to varying lot sizes.
Staff does not have any concerns with the applications as the easements are required by the
Zoning By-law. With respect to the criteria for the subdivision of land listed in Section 51 (24) of
the Planning Act, R.S.O. 1990, c.P.13, staff is satisfied that the creation of the easements are
considered good planning that satisfies the policies of both the City's Official Plan and the
Provincial Policy Statement.
Building Comments:
The Building Division has no objections to the proposed consent. Region
Municipalities' Design Guidelines and Supplemental Specifications for
(DGSSMS) allows only one service per lot. Separate building permit(s)
construction of all new residential buildings.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application
Heritage Planning Comments:
No heritage planning concerns.
Environmental Planning Comments:
No environmental planning concerns.
Engineering Comments:
Engineering has no concerns.
of Waterloo and Area
Municipal Services
will be required for the
Operations Comments:
Parkland dedication is not required for this application as parkland dedication was taken at time
of subdivision registration.
RECOMMENDATION
That consent applications B2019-032-050 requesting consent to create a total of 19
easements in favour of adjacent townhomes for the purpose of rear yard access be
approved, subject to the following conditions:
1. That the owner provide a digital file of the deposited reference plan(s) prepared by an
Ontario Land Surveyor in PDF and either .dwg (AutoCad) or Agn (Microstation) format, as
well as two full sized paper copies of the plan(s). The digital file needs to be submitted
according to the City of Kitchener's Digital Submission Standards to the satisfaction of the
City's Mapping Technologist.
2. That the owners of the proposed dominant lands and servient lands, enter into a joint
maintenance agreement to be approved by the City Solicitor, to ensure that the said
easements are maintained in perpetuity, which agreement shall be registered on title
immediately following the Transfer Easement.
3. That a satisfactory Solicitor's Undertaking to register the approved Transfer Easement and
immediately thereafter, the approved joint maintenance agreement, be provided to the City
Solicitor.
4. The City Solicitor be provided with copies of the registered Transfer Easement and joint
maintenance agreement immediately following registration.
5. That the Owner shall obtain a tax certificate from the City of Kitchener to verify that there are
no outstanding taxes on the subject property(ies) to the satisfaction of the City's Revenue
Division.
Eric Schneider, BES
Junior Planner
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
*Z11 P111P4.1
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G U Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
File No. D20-20/19
KIT
July 9, 2019
Re: Comments for Consent Application B2019-025 through
B2019-050 and CC2019-005 to CC2019-007
Committee of Adjustment Hearing July 16, 2019
CITY OF KITCHENER
4283 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional staff has no objection to the application.
4285 King Street East
1719288 Ontario Inc.
The owner/applicant is proposing to extend an existing lease.
Regional Staff has no objection to the application.
Document Number: 3051281 Version: 1
B2019-027
1340 Fischer -Hallman Road
Activa Holdings Inc.
The owner/applicant is proposing a consent application to create a stormwater
easement for the purpose of receiving stormwater from the adjacent lands to the north
and permitting it to flow through to the outlet (Strasburg Creek).
Regional Staff has no objection to the application.
B2019-028
37 Heiman Street
Kiah Group Inc. c/o Sean O'Neill
The owner/applicant is proposing a lot severance. The Committee of Adjustment
previously granted provisional consent approval to create this lot in March 2018 via
application B2018-023.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Water Services:
The subject property is located in Kitchener Zone 4 with a static hydraulic grade line of
384 mASL. Any development with a finished road elevation below 327.8 mASL will
require individual pressure reducing devices on each water service in accordance with
Section B.2.4.7 of the Design Guidelines and Supplemental Specifications for Municipal
Services for January 2019.
Regional staff has no objection to the application, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2019-029
4278 King Street East
Sportsworld Crossing Inc.
The owner/applicant is proposing to a lot severance. The proposed severed lot will
include the existing office building and parking lot and the proposed retained lot will
remain vacant for future commercial uses. The owner/applicant also requires an
easement for shared use of the existing driveway.
Document Number: 3051281 Version: 1
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Noise:
The owner/applicant will be required to enter into an agreement with the Region to
submit a detailed Environmental/Stationary Noise Study and secure its implementation
prior to Site Plan approval for any proposed development on the retained lands (Parcel
B).
The Assessment must address the possible impact of road traffic on any proposed
development. In addition the Assessment must address the possible impact generated
by the proposed development on all noise -sensitive uses in the vicinity and on the
development itself, as well as any off-site noise sources identified by the noise
consultant that may have an impact on the proposed development.
The owner/applicant is required to enter into an agreement with the Region to complete
the noise study prior to Site Plan and once approved amend/enter into a new
agreement to implement the recommendations of that study.
Regional Road Dedication:
While no further road widening dedication is required along Regional Road 08 (King
Street East) in accordance with the designated road width provided in Schedule `A' of
the Regional Official Plan (ROP), please be advised that the King Street East corridor
has been identified as the Region of Waterloo Council Endorsed, Preferred Option for
Stage 2 of the Region's Light Rail Transit (ION). Under the ION Stage 2 re -construction
process, further property dedications may be required in association with that project.
For more information regarding the Region of Waterloo ION Stage 2 project please
consult the Region of Waterloo website.
(https://rapidtransit. regionofwaterloo.ca/en/stage21ON/stage2ion.asp)
Access Permit/TIS/Access Regulation:
The subject property currently has a right -in, right -out vehicular access to King Street
East which also connects internally to the #4220 King Street East property.
A new mutual shared access at the northwest property limits along with a mutual shared
access easement between the properties owners intended to use the new relocated
access will be required. The existing right -in, right -out access on King Street East will be
closed.
Document Number: 3051281 Version: 1
A Regional Road Access Permit application with an application fee of $230 will be
required for the proposed access re -location and the closure of the existing access. The
access permit application is available at:
https://www.regionofwaterloo.ca/en/resources/Access Perm it-access.pdf.
No other direct access to King Street East would be allowed to the retained lands.
Regional Road Reconstruction — Please be advised that this section of King Street East
is scheduled for re -construction in 2021 & 2022 according to the Region of Waterloo 10 -
Year Transportation Capital Program. For more information on this project please
contact Mr. William Gilbert at 519-575-4603.
Stormwater Management:
Regional Staff would note that a detailed SWM management report would be required
for any development on the proposed severed and retained lots.
Regional staff has no objection to the applications, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
2) That prior to final approval, the owner/applicant enter into an agreement with the
Region of Waterloo to submit a detailed Environmental and Stationary Noise
Study prior to Site Plan approval for any proposed development on the retained
lands.
3) That prior to final approval, the owner/applicant obtain an access permit(s) to the
satisfaction of the Region of Waterloo.
B2019-030 and B2019-031
452 and 256 Prospect Avenue
William Wirtz
The owner/applicant is proposing to sever the rear yard of 452 Prospect Avenue and
add the severed portion to 456 Prospect Avenue. Then owner/applicant also would
simultaneously sever the rear yard of 456 Prospect Avenue, including the added portion
to create a new lot fronting on Broadview Avenue.
Regional Comments:
Community Planning:
Regional Staff require the owner/applicant to submit the required consent review fee of
$350.00 for the creation of a new lot.
Document Number: 3051281 Version: 1
Regional staff has no objection to the applications, subject to the following
conditions of approval:
1) That prior to final approval, the owner/applicant submit payment to the Region of
Waterloo, the Consent Application Review Fee of $350.00.
B2019-032 to B2019-042
78, 84, 86, 94, 104, 112, 114,
Activa Holdings Inc.
122 Monarch Woods Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
B2019-043 to B2019-050
110, 116, 118, 124, 126, 132,
Activa Holdings Inc.
134,140 Ian Ormston Drive
The owner/applicant is proposing easements to provide access to the rear yard for
residents.
Regional staff has no objection to the applications.
CC2019-005 to CC2019-007
25 and 31 Fourth Avenue
Lino and Angela Santarosa
The owner/applicant has requested revisions to the proposed conditions as a result of
the current ownership of the subject parcels and the timing of clearing certain
conditions. The proposed consent applications are to facilitate future development plans
for the two existing lots to become four lots. In order to close proposed transactions,
the conditions of approval are required to be amended.
Regional Comments:
Regional Staff have no concerns as the proposed changes are to City of Kitchener
conditions. Regional Staff had no concerns with the proposed applications B2019-002
to B2019-004 and the Regional condition for the consent review fee is not proposed to
be changed.
Regional staff has no objection to the subject applications.
Document Number: 3051281 Version: 1
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 14-046 or any
successor thereof. Please accept this letter as our request for a copy of the staff
reports, decisions and minutes pertaining to each of the consent applications noted
above. Should you require Regional Staff to be in attendance at the meeting or have
any questions, please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 3051281 Version: 1
Region of Waterloo
July 05, 2019
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, Sth 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
(7) /08 KING KIT, SPORTSWORLD CROSSING AND
CHRISTIAN HORIZONS
(10, 11) /12, Charlie Ormston
Re: Committee of Adjustment Meeting on July 16, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-014 — 150 Pioneer Drive — No Concerns.
2. SG 2019-015 — 2960 Kingsway Drive— No Concerns.
3. A 2019-059 — 364 Heritage Drive — No Concerns.
4. A 2019-060 — 72 Archer Place — No Concerns.
5. A 2019-061 — 15 Peter Street — No Concerns.
6.
A 2019-062 — 920 Keewatin Place —
No Concerns.
7.
A 2019-063 — 4278 King Street East
— No Concerns.
8.
A 2019-064 — 452 Prospect Avenue
— No Concerns.
9.
A 2019-065 — 456 Prospect Avenue
— No Concerns.
10.A
2019-066 to 073 — 74 to 122 Monarch Woods Drive — No Concerns.
11.A
2019-074 to 081 — 110 to 140 Ian Ormston Drive — No Concerns.
12.A 2019-082 — 83 Elmsdale Drive — 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
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: 3050713
Page 1 of 2
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N 1 R 5W6
Trisha Hughes, Resource Planner Phone: (519) 621-2761 ext. 2319
E-mail: thughes(u-)grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: July 5, 2019
RE: Applications for Minor Variance:
YOUR FILE: See below
SG 2019-015
2960 Kingsway Drive
A 2019-059
364 Heritage Drive
A 2019-060
72 Archer Place
A 2019-061
15 Peter Street
A 2019-062
920 Keenwatin Place
A 2019-063
A 2019-064
A 2019-065
A 2019-066 to 073
A 2019-074 to 081
A 2019-082
4278 King Street East
452 Prospect Avenue
456 Prospect Avenue
78, 84, 86, 94, 104, 112,
110, 116, 118, 124, 126,
83 Elmsdale Drive
Applications for Consent:
114, 122 Monarch Woods Drive
132, 134, 140 Ian Ormston Drive
B 2019-025
4283 King Street East
B 2019-026
4285 King Street East
B 2019-029
4278 King Street East
B 2019-030
452 Prospect Avenue
B 2019-031
456 Prospect Avenue
B 2019-032 to 042
78, 84, 86, 94, 104, 112, 114, 122 Monarch Woods Drive
B 2019-043 to 050
110, 116, 118, 124, 126, 132, 134, 140 Ian Ormston Drive
B 2019-051 to 054
83 Elmsdale Drive
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
xThese 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