HomeMy WebLinkAboutDSD-2024-045 - A2024-003 to 008 - 1388 New Dundee RoadREPORT TO:Committeeof Adjustment
DATE OF MEETING:January 16, 2024
SUBMITTED BY:Tina Malone-Wright, Manager, Development Approvals
519-741-2200ext. 7765
PREPARED BY:Eric Schneider,Senior Planner,519-741-2200ext. 7843
WARD(S) INVOLVED:Ward4
DATE OF REPORT:January 3, 2024
REPORT NO.:DSD-2024-045
SUBJECT:Minor Variance ApplicationsA2024-003to A2024-008
1388 New Dundee Road (58M-671,Block 11)
RECOMMENDATION:
That Minor Variance ApplicationsA2024-003to A2024-008for 1388 New Dundee
Road (58M-671,Block 11)(Parts 111, 112, 115, 116, 119 and 120 on a Draft Reference
Plan)requesting relief from Section 7.3, Table 7-4,of Zoning By-law 2019-051to
permita lot width (for an external unit) of 6.9 metres instead of the minimum
required lot width (for an external unit) of 9.5 metres,BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance applicationsto facilitate the
construction of six (6) external unit street fronting townhomes.
The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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 propertiesarelocatedon the north side of New Dundee Road to the West of
Stauffer Woods Trail. The subject lands are part of Draft Plan of Subdivision 30T-08203
(Stauffer Woods). The lands are registered, but not yet lotted outor servicedand remain
as one block (Block 11, 58M-671).The lands are proposed to front onto Winter Wren
Crescent, which has not been constructed yet.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Figure 1: Location Map
Figure 2: View oflocation of future “Winter Wren Crescent”andsubject lands
(January 3, 2024)
The subject landsareidentified asa‘Community Areas’ on Map 2 –Urban Structure and
is designated ‘Low Rise Residential’ on Map 3 –Land Use in the City’s 2014 Official Plan.
The landsarezoned ‘Low Rise Residential FiveZone (RES-5)with Site-Specific
Provisions (306),(308)and(310)’in Zoning By-law 2019-051.
The purpose of the applicationsis tofacilitate thecreation ofsix (6) lots to be constructed
with external unit street townhouse dwellings. The applicant is seeking to create a total of
twenty (20) lots through a Part Lot Control Exemption By-law. In order to create 6 of the
lots, relief is being sought for minimum lot width (for an external unit).
Figure 3: Registered Plan of Subdivision 58M-671
Figure 4: Design Drawing showing Proposed Lot Fabrics for Block 11, 58M-671
(MHBC Planning)
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 intent of the Low Rise Residential land use designation is to accommodate a full
range of low density housing types, including the proposed street fronting townhouse
dwellings. The Low Rise Residential designation encourages the mixing and integrating of
different forms of housing to achieve and maintain a low rise built form. The requested
reduction in lot width will not interfere with the intent of the Official Plan as the proposed
built form maintains a low density and low rise built form.
General Intent of the Zoning By-law
The intent of the regulation that requires the external units of street fronting townhomes to
have a lot width of 9.5 metres is to ensure there is adequate space for a side yard setback
as well as sufficient width for a functional townhouse unit. A contributing factor to the
minimum 9.5 metre lot width requirement is the minimum requirement for side yard
setback of 2.5 metres in the base zone. The subject lands are subject to Site Specific
Provision (308), which has a reduced minimum side yard setback requirement of 0.6to 1.2
metres (depending on the distance of the building on the adjacent lot). The applicant is
proposing to provide a1.2to 1.4 metre side yard setback (see Figure 4). This allows the
end units to maintain a 5.6to 7.2 metre width of building, greater than the interior units and
demonstrably functional with a single car garage and driveway, adequately sized front
porch, and access to the rear yard. Staff is of the opinion that the requested variancefor
reduction in lot width for external street fronting townhouse units meets the general intent
of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
Staff do not anticipate any adverse effects as the current lands are vacant greenfield
lands. Once developed, the lots created will be first developed with established lot widths,
which in in the opinion of staff are functional and appropriate. Staff are of the opinion that
the effects of the requested variances are minor.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The subject lands are being developed comprehensively as a block in a plan of
subdivision. The requested variances will establish lot widths prior to the creationof the
lots, and the lands will be developed in accordance with the established lot widths. Staff do
not anticipate any adverse effects as the current lands are vacant. Staff are of the opinion
thatthe requested variances are desirable and appropriate for the development and use of
the lands.
Environmental Planning Comments:
No natural heritage or tree management concerns.
Heritage Planning Comments:
No heritage concerns.
BuildingDivisionComments:
The Building Division has no objections to the proposed variancesprovided building permits
for the street fronting townhouses are obtained prior to construction.Please contact the
Building Division at building@kitchener.cawith any questions.
Engineering Division Comments:
No engineering concerns.
Parks/Operations Division Comments:
No parks/operations concerns.
Transportation Planning Comments:
Transportation Services does not have any concerns with the proposed applications.
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 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 applicationwas 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
Official Plan (2014)
Zoning By-law 2019-051
ATTACHMENTS:
No attachments.