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Home My WebLink AboutDSD-2021-012 - A 2021-002 - 10 South Creek DrREPORT TO:Committee of Adjustment th DATE OF MEETING:January 19 , 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward5 th DATE OF REPORT:January 8, 2021 REPORT NO.:DSD-21-012 SUBJECT:Minor Variance Application A2021-002 10 South Creek Drive Owner –LVH Developments c/o Granite Homes Applicant –Emily Elliot, MHBC Planning RECOMMENDATION: That application A2021-002 requesting permission to permit a stacked townhouse development (Multiple Dwelling) with a parking ratio of 1.15 spaces per unit whereas a parking ratio of 1.75 spaces per unit is required, be approvedbe approved subject to the following conditions: 1.That Site Plan approval is issued to the satisfaction of the Manager of Site Development and Customer Service. st 2.That all conditions shall be completed prior to May1, 2022. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. REPORT HIGHLIGHTS: The applicant is requesting relief from Section 6.1.2a) of the Zoning By-law to allow a minimum parking ratio of 1.15 spaces per unit; whereas 1.75 spaces per unit is required. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map BACKGROUND: The property is designated asMedium Rise Residentialin the City’s Official Plan and identified as a Community Area on the City’s Urban StructureMap. The property is zoned asConvenience Commercial Zone (C-1), with Special Use Provisions 363U and 466Rin Zoning By-law 85-1. The applicant is proposing to create a 52 unit stacked townhouse development (Multiple Dwelling). The Special Use Provision 363U permits the use of the property for a Multiple Dwelling. As well, the lands are intended to be re-zoned RES-6 in the Comprehensive Review of the Zoning By-law when it comes into effect. REPORT: Planning Comments: 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: General Intent of the Official Plan The subject property is designated Medium Rise Residential in the City’s Official Plan, which contains a number of policies related to density in medium rise residential areas. The Medium Rise Residential land use designation accommodates a range of medium density housing types including townhouse dwellings in a cluster development and multiple dwellings. Staff is satisfied the requested variance will maintain the medium density character of theproperty and surrounding neighbourhood. Staff is further satisfied that urban design considerations will be addressed to ensure the development is compatible by designing the site so that the buildings are close to the front of the property, and the parking will be at the rear.Therefore, it is staff’s opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the 1.75 spaces per unit parking requirement are to ensure that there is adequate parking spaces available for the residents and for visitors to the property. The reduction to 1.15 spaces per unit align with the future direction for parking requirements in the City’s new Zoning By- law. Furthermore, alternative transportation options are provided on site, as adequate bicycle parking will also be provided. Staff is of the opinion that the reduction in parking meets the general intent of the Zoning By-law. Is the Variance Minor? Staff is of the opinion that the requested variancesare minor as the reduced parking rate will not present any significant impacts to adjacent properties or the overall neighbourhood. Is the Variance Appropriate? The proposed variances are appropriate for the development and use of the land as the proposed townhouses (multiple dwelling) use is a permitted use in the Zoning By-law. The scale, massing and height of the proposed townhouse units will not negatively impact the existing character of the subject property or surrounding neighbourhood. th CityPlanning staff conducted a site inspection of the property on January 6, 2021. Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Given that the proposed site will be in alignment with the parking regulation under the new zoning by-law (2019-051), Transportation Services can support the proposed reduction in parking under the current zoning by-law (85-1). Heritage Comments: Heritage Planning staff has no concerns with this application. Engineering Comments: No environmental planning concerns. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget –The recommendation has no impact on the Capital Budget. Operating Budget –The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the Committeeof Adjustmentmeeting.A notice signed was placed on the propertyadvising that a Committee of Adjustment application has been received. The sign advisesinterested parties to find additional information on the City’s website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authoritiesrelated to this matter, as a formal Site Plan application has yet to be filed for this property. The applicant has provided a Concept Site Plan with this application for reference. Concept Site Plan –10 South Creek Drive December 22, 2020 Holly Dyson City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) / VAR KIT, 372 TILT DRIVE Kitchener, ON N2G 4G7 DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 630 Blair Creek Drive No Concerns. 2) A 2021-002 10 South Creek Drive No Concerns. 3) A 2021-003 45 Duke Street West No Concerns. 4) A 2021-004 109 Ottawa Street South No Concerns. 5) A 2020-100 (amended) 9 -11 Samuel Street No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌЎЉЍЋБЋ tğŭĻ Њ ƚŅ Њ January 8, 2021 Holly Dyson, Administrative Clerk Via email only Legislated Services, City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Dyson, Re:January 19,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2020-1009-11Samuel Street A 2021-001630Blair Creek Drive A 2021-00210South Creek Drive A 2021-00345Duke Street West Applications for Consent B 2021-00157Barbara Crescent B 2021-002274Shirley Avenue B 2021-003124Florence Avenue The above-noted consent 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 at 519-621-2763 ext. 2228 or aherreman@grandriver.ca. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Page 1of 1 the Grand River Conservation Authority. Hydro One Networks Inc. Facilities & Real Estate P.O. Box 4300 Markham, Ontario L3R 5Z5 www.HydroOne.com Courier: 185 Clegg Road Markham, Ontario L6G 1B7 VIA E-MAIL ONLY TOholly.dyson@kitchener.ca January 8, 2021 Holly Dyson Administrative Clerk-Legislated Services City of Kitchener Attention: Holly Dyson Dear Holly Dyson: Re:Site Plan Applicationfor permission to construct multi-residential stacked townhouse development 10 South Creek Drive Kitchener File: A 2021-002 Please be advised that Hydro One Networks Inc. (“HONI”) has completed a preliminary review of the proposed plan of the above noted site plan application. As the subject propertyis abutting and/or encroaching onto a HONI high voltage transmission corridor(the “transmission corridor”), HONI does notapprove of theproposedsite plan applicationat this time, pending review and approval of the required information. The commentsdetailed herein do notconstitute an endorsement of any element of the site plan design or road layout, nor do they grant any permission to access, use, proceed with works on, or in any way alter the transmission corridor lands, without the express written permission of HONI. Should the developer require any use of and/or access to the transmission corridor at any time, the developer must contact Lana Kegel, Real Estate Coordinatorat 416-689-9974in order to ensure all of HONI’s technical requirements are met to its satisfaction, and acquire any applicable agreements. The following shouldbe included in the Site Plan Agreement: 1.Prior toHONI providing itsfinal approval, the developer must make arrangements satisfactory to HONI for lot grading and drainage. Digital PDFcopies of thelot grading and drainage plans (truescale), showing existing andproposedfinal grades, must be submitted to HONI for review and approval. The drawings must identify the transmission corridor, location of towers within the corridor and any proposed uses within the transmission corridor.Drainage must be controlled and directed away from the transmission corridor. 2.Any development in conjunction with the site planmust not block vehicular access to any HONI facilities located on the transmission corridor. During construction, there must be no storage of materials or mounding of earth, snow or other debris on the transmission corridor. 3.The costs of any relocations or revisions to HONI facilities which are necessary to accommodate this site planwill be borne by the developer. The developer will be responsible for restoration of any damage to the transmission corridor or HONI facilities thereon resulting from construction of the site plan. 4.HONI’s easement rights mustbe protected and maintained. In addition, HONI requires the following be conveyed to the developer as a precaution: 5.The transmission lines abutting the subject landsoperate at either 500,000, 230,000 or 115,000 volts. Section 188 of Regulation 213/91 pursuant to the Occupational Health and Safety Act, require that no object be brought closer than 6 metres (20 feet) to an energized 500 kV conductor. The safe vertical distance for 230 kV conductors is 4.5 metres (15 feet), and for 115 kV conductors it is 3 metres (10 feet). It is the developer’s responsibility to be aware, and to make all personnel on site aware, that all equipment and personnel must come no closer than the safe vertical distance specified in the Act. All partiesshould also be aware that the conductors can raise and lower without warning, depending on the electrical loadplaced on the line. Our preliminary review only considers issues affecting HONI’s transmission facilities and transmission corridor lands.For any proposals affecting distribution facilities (low voltage),the developer should consult thelocal distribution supplier. If you have any questions,please contact me at dennis.derango@hydroone.com or at 905-946-6237. Yours truly, Dennis De Rango Specialized ServicesTeam Lead, Real Estate Hydro One Networks Inc. File:A 2021-002Page 2of 2