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Home My WebLink AboutDSD-2021-22 - A 2021-023 - 1430 Highland Rd WREPORT TO:Committee of Adjustment th DATE OF MEETING:March16 , 2021 SUBMITTED BY:vonWesterholt, Juliane,Senior Planner, 519-741-2200ext. 7157 PREPARED BY:Seyler, Tim, Planner, 519-741-2200 ext. 7860 WARD(S) INVOLVED:Ward 7 th DATE OF REPORT:March 5, 2021 REPORT NO.:DSD-2021-22 SUBJECT:Minor Variance Application A2021-023 1430 Highland Road West Applicant – Scott Patterson, Patterson Planning Consultants Inc. Owner – Savic Homes Ltd. RECOMMENDATION: That application A2021-023requesting permission to allow a front yard setback of 12.75 metres for that portion of a dwelling greater than 10.5 metres, whereas a minimum front yard setback of 22.29 metres is required, and to not require an exclusive use patio for units located on the ground floor, whereas an exclusive use patio with direct access for units on the ground floor is required;be approved. REPORT HIGHLIGHTS: Theapplicant is requesting relief from Section 43.2.3of the Zoning By-law to permitafront yard setback of 12.75 metres whereas a minimum front yard of 4.5 metres for that portion of a dwelling with a building height not exceeding 10.5 metres and an additional setback of 1.5m shall be required for every additional portion of 3.0 metres of building heigh thereafter, which would result in a setback of 22.29 metres beingrequired. Further relief is being sought from Section 43.2.3 to permit each dwelling unit located on the ground floor to be provided without an exclusive use patio adjacent with direct access, whereas the By-law requires ground floor units to have an exclusive use patio area adjacent to the unit with direct access. *** 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 asHighRise Residentialin the City’s Official Plan and identified as a Community Area on the City’s Urban Structure Map. The property is zoned asResidential NineZone (R-9)in Zoning By-law 85-1. The applicant is proposing to build Phase 3 of the development which would consist of 2 new multiple dwelling buildings. One building will be 12 storeys and the other will be 18 stories for a total of 280 new dwelling units. 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 HighRise Residential in the City’s Official Plan. The High-Rise Residential land use designation provides for high density multiple dwellings and special needs housing to achieve a high intensity of residential use. A minimum Floor Space Ratio of 2.0 and maximum Floor Space Ratio of 4.0 will apply to all development and redevelopment. The predominant land use will be multiple residential, but it is intended that complementary non- residential land uses may be permitted to locate internal to a multiple residential building in this land use designation subject to any locational criteria and the appropriate zoning being in place. The City will encourage and support complementary non-residential land uses to be mixed with multiple residential uses at a scale and in appropriate locations within lands designated High Rise Residential.The proposed variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The intent of the R-9 front yard setback is to require pedestrian-scaled building massing along the base of buildings, with upper storeys being setback in a step-like fashion. The proposed building has a defined podium base that meets the setback requirement outlined in the by law, and the remaining building is steppedback from the podium in a straight vertical projection form. The proposed design promotes an adequate interface with the existing surrounding buildings and the streetscape itself. The intent of the exclusive use patio area for all ground units within a multiple dwelling is to provide each unit with private amenity space to use for their own personal use. The proposed development is providing large amenity spaces both outside and inside the building that the residents would be able to use at their leisure. It is the opinion of staff that both variances meet the general intent of the Zoning By-law. Is the Variance Minor? Thevariancescan be considered minor,as it is the opinion of staff that thesetback continues toprovide an adequate location for the proposed building and encourages good urban design. The additional amenity space that is being provided on site for the residents of the development will be available to the units without private amenity space and will not present any othersignificant impactsto the development or residentswithin the area. Is the Variance Appropriate? The variance is appropriate for the development and use of the land. The requested variances should not impact any of the adjacent properties or the surrounding neighbourhood. The scale, massing and height of the proposed developmentwill not negatively impact the existing character of the subject property or surrounding neighbourhood. th City Planning staff conducted a site inspection of the property on February 27, 2021. Photo of Subject Property(Front views) Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: Heritage Planning staff has no concerns with this application. EnvironmentalComments: 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 advises interested 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: Minor variance application A2018-047 Site Plan - SP19/106/H/BB An updated site plan application has been submitted and is under review by staff. February23, 2021 Holly Dyson City of KitchenerFile No.: D20-20/ 200 King Street WestVAR KIT GEN P.O. Box 1118(1)VAR KIT, MADISON AVE DEV CORP Kitchener, ONN2G 4G7 51 & 53 DAVID STREET (13)08 KING KIT, SPORTSWORLD CROSSING AND CHRISTIAN HORIZIONS (14) 06 HIGHLAND, SAVIC HOMES LIMITED (24, 25) VAR KIT, 172 WINDALE CRESCENT JASPAL VIRK Dear Ms. Dyson: Re:Committee of Adjustment Applications Meeting March16,2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1)A2021-01051 David StreetNo Concerns. 2)A2021-01155 Franklin StreetSouthNo Concerns. 3)A2021-01239 Crosby DriveNo Concerns. 4)A2021-0132 Crosswinds DriveNo Concerns. 5)A 2021-014247 LydiaStreet No Concerns. 6)A 2021-01511 Ian Ormston DriveNo Concerns. 7)A 2021-016241 Simeon StreetNo Concerns. 8)A 2021-01790 Duchess AvenueNo Concerns. 9)A 2021-018130 Samuel StreetNo Concerns. 10)A 2021-01930 Waterbow TrailNo Concerns. 11)A 2021-02025 Margaret AvenueNo Concerns. 12)A 2021-021331 Driftwood DriveNo Concerns. 13)A 2021-0224278 King Street EastNo Concerns. 14)A 2021-0231430 HighlandRoad WestNo Concerns. 15)A 2021-024172 Windale Crescent (Retained)No Concerns. Document Number: 35739631 Docs #3573963 16)A 2021-025172 Windale Crescent (Severed)No Concerns. Please be advised that any development on the lands subject to the Applications noted above aresubject 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 developmentsprior to the issuance of a building permit. The comments contained in this letter pertain to the Application numberslistedabove. 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 Document Number: 35739632 Docs #3573963 March 4, 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:March 15,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-01051David StreetA2021-018130Samuel Street A 2021-01155Franklin Street SouthA2021-01930Waterbow Trail A 2021-01239Crosby DriveA2021-02025Margaret Avenue A 2021-0132Crosswinds DriveA2021-021331Driftwood Drive A2021-014247Lydia StreetA2021-0224278King Street East A2021-01511IanOrmston DriveA2021-0231430Highland Road West A2021-016241Simeon StreetA2021-024172WindaleCrescent A2021-01790Duchess AvenueA2021-025172WindaleCrescent Applications for Consent B 2021-009104Fifth Avenue B 2021-01054Third Avenue B 2021-012140-142 Weichel Street B 2021-013146-148 Weichel Street B2021-014172WindaleCrescent 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.