HomeMy WebLinkAboutDSD-2024-038 - A2024-010 - 7 MorrisonREPORT TO:Committeeof Adjustment
DATE OF MEETING:January 16, 2024
SUBMITTED BY:Tina Malone-Wright, Manager, Development Approvals
519-741-2200ext. 7765
PREPARED BY:Brian Bateman,Senior Planner, 519-741-2200ext. 7869
WARD(S) INVOLVED:Ward3
DATE OF REPORT:January 3, 2024
REPORT NO.:DSD-2024-038
SUBJECT:Minor Variance Application A2024-010-7 Morrison Road
RECOMMENDATION:
That Minor Variance Application A2024-010for 7 Morrison Road requestingrelief
from Section 19, Site-Specific Provision (361),to permit a Floor Space Ratio (FSR) of
1.0 instead of the maximum permitted 0.9,to facilitate the redevelopment of the
property with two (2) stacked townhouse buildings with 16 units each, for a total of
32 dwelling units, generally in accordance with the drawings prepared by Orchard
Design Studio Inc., dated August 24, 2023,BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to recommend approval of a minor variance that would
increase the Floor Space Ratio (FSR)due to technical considerations.
The proposed building height, unit count nor visual massing will not increase.
There are no financial implications.
Community engagement included a notice sign being placed on the property advising
that a Committee of Adjustment application has been received, notice of the
application was mailed to all property owners within 30 metres of the subject property
and this report was posted to the City’s website with the agenda in advance of the
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject propertylocated at 7 Morrison Roadhasan area of 0.35 hectares and
consistsof a large estate residential lot on the northeast corner of King Street East and
Morrison Road. The lands are bounded by low rise residential uses to the north, the Grand
River Freeport Campus Hospital to the east, arailway and King Street East to the south
and a multiple residential development to the west, opposite Morrison Road. The subject
lands are designated ‘Low Rise Residential with a Site-Specific Policy’ in the 2014 Official
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Planand are zoned ‘LowRise Residential Five Zone (RES-5) with Site-Specific Provision
(361)’ in Zoning By-law 2019-051to allow for a FSR of 0.9.
Applications to amend the City’s Official Plan and Zoning By-law were approved by
Council to support re-development of a 32 stacked townhouse dwelling units with a
maximum Floor Space Ratio of 0.9. The increased FSR in the Low Rise Residential land
use designationwas a result of the slope of property which exposes a portion of the
basement level. What wasn’t apparent at the time of the Official Plan and Zoning By-law
th
Amendment Applications was that due to the grades was that the exposed 4levelwas
not fully below ground level meaning that, according to the definition of FSR in the Zoning
By-law, the entire basement level must be counted towards FSR including those portions
fully underground. This has resulted in an increase in FSR from 0.9 to 1.0 and hence the
need for a minor variance. It is important to note that the plan submitted with the OPA and
ZBA Applications is unchanged. There is no additional building height or floor area being
added and no additional units proposed. As such, Staff views this as a technical variance
only.
Figure1:Location Map –7 Morrison Road
The purpose of the application is to request a minor variance that would increase the FSR
from 0.9 to 1.0for the development as proposed below in Image 2.This plan was
approved conceptually by Council in support of the OPA/ZBAand this application has not
altered the layout.A Site Plan application is intended tobe submitted shortly. Image 3
illustrates the proposed building renderings. The side view of the building shows the
th
grades and exposed 4level of the building.
Figure2:Proposed Site Plan
Figure3:Building Renderings
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 requestedminor variance will maintain the general intent and purpose of the Official
Planand the recent Official Plan Amendmentbyfacilitating a compact form of
development at a transit-supportive density that is compatible for thearea and with
existing residential uses.As there are no proposed changes to the plans reviewed and
approved by Council, the minor variance will maintain the intent of the Low Rise
Residential land use designation and policies.
General Intent of the Zoning By-law
The subject lands are zoned ‘Low Rise Residential Five Zone (RES-5)’in the City of
Kitchener Zoning By-law 2019-051. The proposed development of stacked townhouse
buildingsis apermitted use in the ‘RES-5’Zone.Site-Specific Provision(361) to permit a
FSR of 0.9 wasapproved through the Zoning By-law Amendment.As noted earlierin the
th
report, it was discovered afterwards that the 4level would befully exposed at-grade;
meaning the entire basement level is counted towardsFSRand hence theincrease from
0.9 to 1.0. This is a technical variance as the plan remains unchanged and willvisually not
result in anincrease in massing, floor areaand building height.The general intent of the
zoning by-law will be maintained.
Is/Are the Effects of the Variance(s) Minor?
The effects are minor as thevariance will not result in any changes in building massing,
gross floor area, building height nor increase the unit count beyond what was approved by
Council.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variance is desirable and appropriate as it will recognize an increase in FSR and
facilitate the redevelopment of the property which conceptually received approval by
Council.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
BuildingDivisionComments:
No concerns.
Engineering Division Comments:
No concerns.
Parks/Operations Division Comments:
Parkland Dedication will be assessed and required at a future site plan application.
Transportation Planning Comments:
No concerns.
Region
No concerns.
GRCA
No concerns.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
None
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 sign 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:
Planning Act
Provincial Policy Statement (PPS 2020)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan& ROPA 6
Official Plan (2014)
Zoning By-law 2019-051
DSD-2023-120