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HomeMy WebLinkAboutDSD-2021-242 - A 2021-140 - 630 Benninger DriveStaff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Dumart, Craig, Senior Planner, 519-741-2200 ext. 703 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 1, 2021 REPORT NO.: DSD -2021-242 SUBJECT: Minor Variance Application A2021-140 630 Benninger Drive Owners —Activa Holdings Inc Applicant — Pierre Chauvin, MHBC Planning RECOMMENDATION: That application A2021-0140 requesting relief from Section 8.3 of the Zoning By-law 2019-051 to permit a minimum ground floor building height for any building with street line facade of 3.0 metres rather than the required 4.5 metres and requesting relief from Section 19 (69) e) xi) and Section 19 (69) f) vii) of the Zoning By-law 2019-051 to permit encroachments for stairs and access ramps, provided the minimum setback to the encroachment is 0.5 metres from the exterior side yard lot line rather than the required 1 metre be approved. REPORT HIGHLIGHTS: The application is requesting relief from Section 8.3 of the Zoning By-law 2019-051 to permit a minimum ground floor building height for any building with street line facade of 3.0 metres rather than the required 4.5 metres and requesting relief from Section 19 (69) e) A) and Section 19 (69) f) vii) of the Zoning By-law 2019-051 to permit encroachments for stairs and access ramps, provided the minimum setback to the encroachment is 0.5 metres from the exterior side yard lot line rather than the required 1.0 meter *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map: 639 Benninger Drive BACKGROUND: The property is designated Mixed Use in the City's Official Plan and identified as City Node on the City's Urban Structure Map. The property is zoned as MIX -1 (Mix Use One) with site specific provisions (27) and (69) in Zoning By-law 2019-051. The existing property is a vacant parcel and the surrounding neighbourhood consist of residential lots and blocks that are vacant or under construction. The subject lands have received approval in principle for a site plan to develop the vacant lands with 225 residential units and a future commercial plaza located along Nathalie Street. 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 as Mixed Use in the City's Official which provides for a broad range commercial, retail, institutional and residential uses, at different scales and intensities. The requested variance maintains the land use designation and continues to allow multiple dwellings and stacked back—to— back townhouses. Staff is of the opinion that the proposed variance conforms to the designation. General Intent of the Zoning By-law The requested minor variance to reduce the minimum fagade height for buildings fronting a street from 4.5 metres to 3.0 metres meets the general intent of Zoning By-law 2019-051. The intent of the 4.5 metre fagade for buildings fronting a street is to ensure mixed used buildings first floors can accommodate a range of retail uses. The stacked back-to-back are 100% residential and the commercial component of the development is located in a separate building along Nathalie Street. Staff support the reduce fagade height for the residential buildings fronting a street and are of the opinion the variance meets the intent of the Zoning By-law. The requested minor variance to allow stair encroachments in a side yard abutting a street meets the general intent of Zoning By-law 2019-051. The purpose the regulation is to ensure there is adequate space is landscaping, utilities, and to ensure there are no driveway or corner visibility issues from the stairs. The stairs are not located within driveway or corner visibility triangles and there is adequate space for landscaping and utilities. Staff support the side yard fronting a street stair encroachment and are of the opinion the variance meets the intent of the Zoning By-law. Is the Variance Minor? The variances are minor in nature and will not create unacceptable impacts on either the subject property or adjacent properties and will allow for the development of multiple dwellings and stacked back-to-back townhouses that are compatible with the planned low rise residential neighbourhood. Is the Variance Appropriate? The variances are appropriate for the development and use of the land. The requested variances will not impact any of the adjacent properties or the surrounding area. Planning Staff is of the opinion that the variance is appropriate. City Planning staff conducted a site inspection of the property on November 27, 2021. Existing vacant parcel at 630 Benninger Drive Building Comments: The Building Division has no objections to the proposed variance. Application has been made to for the detached garage to the single detached dwelling. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: Heritage Planning staff has no concerns with this application. Environmental Planning 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 Committee of Adjustment meeting. A notice signed was placed on the property advising 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: There are no previous reports/authorities related to this matter. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — 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 CC: Sarah Goldrup CofA(aMtchener.ca KA December 2, 2021 Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca Sarah Goldrup City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Via email only Re: Committee of Adjustment Meeting — December 14, 2021 Applications for Minor Variance A 2021-116 74 Rutherford Drive 74 Rutherford Drive A 2021-117 11 East Avenue 74 Rutherford Drive A 2021-130 500 Karn Street 878 Frederick Street A 2021-131 156 Strange Street 95 Maitland Street A 2021-132 120 Benton Street 26 Monteagle Crescent A 2021-133 47-75 Charles Street East & 40-42, 12 East Lansdowne A 2021-134 86 Whitney Place 715 Frederick Street A 2021-135 1572 Highland Road West A 2021-138 945 Victoria Street North A 2021-139 938 Strasburg Road A 2021-140 630 Benninger Road A 2021-141 120 Benton Street A 2021-142 to 143 47-75 Charles Street East & 40-42, A 2021-144 to 145 86 Whitney Place Applications for Consent B 2021-054 74 Rutherford Drive B 2021-063 11 East Avenue B 2021-064 500 Karn Street B 2021-065 156 Strange Street B 2021-066 120 Benton Street B 2021-067 to 068 47-75 Charles Street East & 40-42, B 2021-069 86 Whitney Place 50 Eby Street 50 Eby Street 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 at 519-621-2763 ext. 2228 or aherremana-grand river. ca. `These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of Pagel of 2 the Grand River Conservation Authority. Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 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 2 of 2 the Grand River Conservation Authority. October 29, 2021 Craig Dumart, Senior Planner City of Kitchener Planning Division, 6th Floor 200 King Street West Kitchener, Ontario N2G 4G7 Dear Mr. Dumart: RE: Activa Holdings Inc. Minor Variance Application Trussler Subdivision - 630 Benninger Drive (Multiple Residential Block 132) City of Kitchener OUR FILE 8784DA KITCHENER WOODBRIDGE LONDON KINGSTON BARRIE BURLINGTON On behalf of our client, Activa Holdings Inc., we are pleased to submit an application to the Committee of Adjustment for Minor Variance to permit a decrease to the ground floor building height for any building with street line fa4ade at 630 Benninger Drive. The property forms Block 132 of Stage 1 of Activa's Trussler Subdivision (30T-08204), and herein referred to as the 'subject property'. The proposed multiple residential development is the subject of site plan application SP21/017/B/CD. In total, 225 dwelling units are proposed within 16 blocks of multiple dwellings and stacked back-to-back townhouses. The subject property is designated Low Rise Residential and Mixed Use in the City of Kitchener Official Plan and zoned MIX -1 in the City of Kitchener Zoning By-law 2019-051. The application to the Committee of Adjustment is being requested to accommodate the ground floor height of the proposed multiple dwellings and stacked back-to-back townhouses with street line facing facades as well as accommodating the side yard encroachment for stairs and access ramps. All multiple dwellings and stacked townhouse blocks are planned as four (4) storey residential use buildings with full basements. The applicant is seeking relief from the following regulations of Zoning By- law 2019-051: 1. Relief from Section 8.3 of the Zoning By-law to allow for a minimum ground floor building height for any building with street facing facade of 3.o metres, whereas 4.5 metres is required. 2. Relief from Section 19 (69) of the Zoning Bylawto allowside yard encroachments for stairs and access ramps setback a minimum of 0.5 metres, whereas 1.0 metres is required. The site plan and minor variance application required to accommodate the proposed development has been discussed and the City granted site plan approval in principal on August 91h, 2021. 200-540 BINGEMANS CENTRE DRIVE/ KITCHENER / ONTARIO/ N213 3X9/T519576 3650/ F 519 5760121 / WWW.MHBCPLAN.COM Four Tests for Minor Variance In our opinion, the requested variances meet the four (4) tests in accordance with Section 45(1) of the Planning Act. The following summarizes our opinion. Does the proposal maintain the general intent of the Official Plan? The general intent and purpose of the Official Plan will be maintained as the proposed land use of multiple dwellings and stacked back-to-back townhouses with a mixed use component on-site aligns with the uses permitted in the Mixed Use and Low Rise Residential designations. The proposed development on the subject property is appropriate for the neighbourhood as it provides a diverse range of product types and forms within this community. 2. Does the Proposal maintain the general intent and purpose of the Zoning By-law? The Zoning By-law permits multiple dwellings and stacked back-to-back townhouse units. The intent of the ground floor building height in this zone is to ensure mixed use buildings are built to accommodate a range of commercial and retail uses. The proposed mixed use site provides both commercial/retail uses and residential uses on site in separate buildings. Although the residential component of this proposed development does not contain commercial uses, the proposed separate commercial use/building on-site satisfies the general intent of the Mixed Use zone. The intent of the side yard encroachment setback is to ensure adequate space for landscaping and utility servicing in side yards.The proposed stair encroachment reduction maintains the intent of the zoning as the stairs are connected to a paved walkway which connects to the public sidewalk on Benninger Drive. The reduced encroachment setback does not reduce the area available for landscaping nor the area available to accommodate utility servicing. 3. Is the variance minor? The variance proposed for the decrease in ground floor building height and reduction to the stair encroachment setback should be considered minor as the built form and densities proposed for the condominium townhouse units conform to the Official Plan and Zoning By-law. The minor variances are being requested to accommodate the design features of the building while providing a product that meets the current market demands. The relative impact of the requested variances are considered minor and will result in a development compatible with the surrounding low rise residential land uses. 4. Is the variance desirable for the appropriate development of the land? The variances proposed are desirable for the appropriate use and development of the lands and the proposed development conforms to the intended land use as contemplated in the Mixed Use designation as well as the MIX -1 Zoning. Given the composition of the mixed use site and provision of a separate commercial/retail building, the reduced ground floor building height and reduction to the stair encroachment setback represents a desirable and appropriate development of the subject lands. In support of our application, please find enclosed the following: 1. Cheque to the City of Kitchener in the amount of $1287.00 representing the fee for minor variance application; W 2. One (1) completed original application form; 3. A copy of the site plan; and, 4. A copy of the building elevations, Kindly contact the undersigned with confirmation of complete application and notice that we have been scheduled into the next available Committee of Adjustment Meeting. Yours truly MHBC Planning Pierre J. Chauvin, MA, MCIP, RPP Rachel Wolff, BES Partner Planner Attach. cc. Alex Sum ner&Emily McShane-ActivaHoldings Inc.