HomeMy WebLinkAboutDSD-2022-325 - A 2022-070 - Rosenberg Way and Amand Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-325
SUBJECT: Minor Variance Application A 2022-070 Rosenberg Way and
Amand Drive
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-070 for lands located at Rosenberg Way and
Amand Drive, described as Parts 1, 2, 3, 4, 5, and 6 on Reference Plan 58R-21442,
requesting relief from Section 40.2.6 of Zoning By-law 85-1, to permit a maximum
building height of 12 metres instead of the maximum permitted 10.5 metres to provide
design flexibility for architectural features and increased roofline and parapet detailing
for multiple dwellings proposed to be constructed on the lands, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting relief from Section
40.2.6 of Zoning By-law 85-1 to permit a maximum building height of 12 metres rather than the
maximum permitted height of 10.5 metres to allow for increased design flexibility for architectural
features and increased roofline and parapet detailing for multiple dwellings proposed to be
constructed on the subject lands.
The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
There are no financial implications.
This report supports the delivery of core services.
BACKGROUND:
The subject lands are located south of Bleams Road, at the intersection of Rosenberg Way and
Amand Drive. The lands are intended for development of low rise residential uses.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Location Map of Subject Lands Public Notice Sign Posted
The subject lands are on Map 22a Community Structure Plan
Low Density Residential Two22e Land Use Plan in the Rosenberg
Secondary Plan in the 1994 Official Plan.
Residential Six Zone (R-6), 597R and 748R-law 85-1 and the
lands have not been zoned as part of new Zoning By-law 2019-051.
The purpose of the application is to permit a 12 metre maximum building height rather than the
maximum permitted 10.5 metres to provide design flexibility for future multiple dwellings. The
applicant intends to develop the subject lands with low rise multiple dwellings. The requested
variance is to provide additional design flexibility for architectural features and increased roofline and
parapet detailing
Staff were unable to access the exact location of the site to conduct a site visit due to ongoing site
rehabilitation and utilities work; the applicant has provided the above image of the public notice sign
installed on site.
REPORT:
Planning Comments:
In considering the four tests for the 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 lands are Community Structure Plan
and designated Low Density Residential Two on Map 22e Land Use Plan for lands located in a
Secondary Plan in the This land use designation permits a number of low
density housing types including single detached, duplex, semi-detached, townhouse, and low-rise
multiple dwellings, and is intended to encourage a diverse range of compact, low rise dwelling types
to facilitate a walkable and transit-friendly community.Rosenberg Secondary Plan policy
13.10.2.2(2.3) specifies that a variety of built form typologies is required to establish a sense of place
and neighbourhood character, as well as frame community gateways through attractive and defining
built form at major intersections. This section also speaks to the importance of architectural
innovation and quality urban design for buildings at priority lot locations, e.g., gateways, along major
roads, corner sites, etc.. Section 13.10.2.2(2.4) further maintains the need for variation in
architectural features, style, colour, materials, and typologies in relation to the overall streetscape to
enhance community character and a sense of place. Staff are of the opinion that permitting a
maximum building height increase of 1.5 metres will facilitate the development of a range of
residential uses and typologies and enhance the overall streetscape and neighbourhood character
of the surrounding context. The requested variance will maintain the intent of the Official Plan.
General Intent of the Zoning By-law
The intent of the maximum permitted building height of 10.5 metres is to ensure that the dwellings
are not overly dominant to the surrounding streetscape and surrounding dwellings, and to provide
an adequate level of privacy to adjacent dwellings. The maximum permitted building height in new
Zoning By-law 2019-051 is 11 metres. The Rosenberg Community area is designated for significant
and diverse residential, commercial, and recreational uses; anticipated future development adjacent
to the subject lands would likely be of similar architectural significance and further encourage a
variety of housing types and forms. Staff also note that no other buildings exist in the area yet; as
such, an adequate level of privacy would be maintained. Staff are of the opinion that the requested
variance meets the intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the effects of the requested variance are minor as a 1.5 metre increase
to the maximum building height over the blocks will not be discernable and will not significantly
impact future developments by dominating the streetscape of the overall neighbourhood or by
impeding on the privacy of future neighbouring properties. As such, no unacceptably adverse
impacts on adjacent lands are anticipated as a result of the height increase.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The variance is appropriate for the use and development of the lands as it will not significantly impact
future developments or the surrounding neighbourhood and will facilitate the development of an
attractive and defining streetscape through diverse housing forms and characteristics.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage concerns
Building Division Comments:
The Building Division has no objections to the proposed variance.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
No 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 dvance of the
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
ailing 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.
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-law 85-1
ATTACHMENTS:
Attachment 1: Deposited Reference Plan
Attachment 2: Proposed Zoning Plan
Attachment 3: Example Precedent Images
ATTACHMENTS:
Deposited Reference Plan
Proposed Zoning
Example Precedent Images
June 28, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT
(5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING
FARMS SUBDIVISONS 30T 91005 30T 02206
(11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH
AND 21 WEBER STREET WEST KIAH GROUP INC.
(12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
(19)/12, STAUFFER WOODS SUBDIVISION 30T 08203
(20)/53 COURTLAND, 165 COURTLAND AVE E AEC
DEVELOPMENTS INC
Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 070 Rosenberg Way & Amand Drive No Concerns.
2) A 2022 - 072 177 Eden Oak Trail No Concerns.
3) A 2022 - 073 10 Langton Drive No Concerns.
4) A 2022 - 074 240 Chapel Street No Concerns.
5) A 2022 - 075 50 Otterbein Road No Concerns.
6) A 2022 - 076 95 Patricia Avenue No Concerns.
7) A 2022 - 077 210 Pioneer Tower Road No Concerns.
8) A 2022 - 078 125 Uplands Drive No Concerns.
9) A 2022 - 079 31 Monterey Road No Concerns.
10) A 2022 - 080 64 Wilhelm Street No Concerns.
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11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo Concerns.
12) A 2022 - 082 544 Bridgeport Road No Concerns.
13) A 2022 - 083 99 Becker Street No Concerns.
14) A 2022 - 084 26 Pony Way (Unit 21) No Concerns.
15) A 2022 - 085 28 Pony Way (Unit 22) No Concerns.
16) A 2022 - 086 30 Pony Way (Unit 23) No Concerns.
17) A 2022 - 087 32 Pony Way (Unit 24) No Concerns.
18) A 2022 - 088 34 Pony Way (Unit 25) No Concerns.
19) A 2022 089-094 3,11,13,21,23 & 29 Shaded Creek Drive No Concerns.
20) A 2022 - 095 165 Courtland avenue East No Concerns.
21) A 2022 - 096 247 Glasgow Street No Concerns.
22) A 2022 - 097 296 Highland Road East No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
July 4, 2022 via email
GRCA File: A 2022-070 – Rosenberg Way & Amand Drive
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
th
200 King Street West, 6 Floor
Kitchener, ON, N2G 4G7
CofA@Kitchener.ca
Dear Sarah Goldrup,
Re: Minor Variance Application A 2022-070
Rosenberg Way & Amand Drive, City of Kitchener
Trevor Witt/Paul Britton
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor
variance application.
Recommendation
GRCA has no objection to the above-noted minor variance application.
Documents Reviewed by Staff
GRCA staff have reviewed the following documents submitted with this application,
received onJune 23, 2022 from the City of Kitchener:
Cover Letter (MHBC Planning, May 5 2022)
Application for Minor Variance (City of Kitchener, no date)
Site Plan (MHBC Planning, March 3 2022)
Plan of Survey (MTE Ontario Land Surveyors Ltd., June 7 2022)
Stamm Investments Limited LPAT Decision (2/14/2020) Approving Stamm
Applications (with Attachments) (MHBC Planning, 2020)
o Attachment 1: Draft Plan of Subdivision (MHBC Planning, December 11
2019)
o Attachment 2: Conditions of Approval (January 14, 2020)
o Attachment 3: Proposed Zoning By-law (City of Kitchener, October 2
2018)
GRCA Comments
GRCA has reviewed this application as per our delegated responsibility from the
Province to represent provincial interests regarding natural hazards identified in Section
3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under
Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with
the Region of Waterloo and as a public body under the Planning Act as per our CA
Board approved policies.
Information currently available at this office indicates that the subject property contains
provincially significant Strasburg 1 Wetland Complex and the associated regulated
allowance. A copy of our resource mapping is attached.The status of this wetland was
updated from non-provincially significant to provincially significant in 2022. Please note
that our mapping has not yet been updated to include the 120 metre regulated
allowance to the provincially significant wetland.
Due to the presence of the wetland, a portion of the subject property is regulated by the
GRCA under Ontario Regulation 150/06 – Development, Interference with Wetlands
and Alterations to Shorelines and Watercourses Regulation. Any future development
within the regulated area on the subject property will require the prior issuance of a
permit pursuant to Ontario Regulation 150/06.
We understand the purpose of this application is to allow a maximum building height of
12 metres whereas 10.5 metres is required. Based on our review of the circulated
documents, this application pertains to an area located outside of the wetland and
associated allowance outside of GRCA’s regulation limit. GRCA has no objection to this
minor variance application and a permit is not required from our office.
Consistent with GRCA’s 2022 approved fee schedule, this application is considered a
‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the
GRCA’s review of this application.
Should you have any questions, please contact me at jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority
Enclosed: GRCA Resource Map
Copy: Trevor Witt – Owner (via email)
Paul Britton, MHBC Planning – Agent (via email)
Grand River
Conservation Authority
Date: May 27, 2022
Author: JC
A 2022-070
Rosenberg Way & Amand Drive, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2022.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
050100200300
GRCA
Metres
Map Centre (UTM NAD83 z17): 539,827.40 4,804,905.41
NAD 1983 UTM Zone 17NScale: 8,167
This map is not to be used for navigation | 2020 Ortho (ON)
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