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Home My WebLink AboutDSD-2024-221 - 42 Hazelglen Dr - A 2024-035 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847 WARD(S) INVOLVED: Ward 8 DATE OF REPORT: May 1, 2024 REPORT NO.: DSD-2024-221 SUBJECT: Minor Variance Application A2024-035 - 42 Hazelglen Drive RECOMMENDATION: That Minor Variance Application A2024-035 for 42 Hazelglen Drive requesting relief from Section 7.3, Table 7-2, of Zoning By-law 2019-051 to permit: i) a Floor Space Ratio (FSR) of 0.75 instead of the maximum permitted 0.6; ii) a Building Height of 11.9 metres instead of the maximum permitted 11.0 metres; and iii) to not require private patio areas for the ground floor units, whereas the zoning by-law requires a private patio for ground floor units; to facilitate the construction of a stacked townhouse development having 20 dwelling units, in accordance with Site Plan Application SP23/081/H/AA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a Multiple Dwelling having 20 dwelling units in the form of stacked townhouses. The key finding of this report is that the requested variances meet the four tests of the Planning Act. 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 s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property is located in the Victoria Hills area north of Victoria Street South and west of Westmount Road West. Figure 1: The subject property in an aerial view Figure 2: The subject property on the zoning map The Community Area Urban Structure and is Low rise Residential Low Rise Residential Five Zone (RES-5-law 2019- 051. The purpose of the application is to facilitate the development of a Multiple Dwelling having 20 dwelling units in the form of stack townhouses. The following minor variances are required: A Floor Space Ratio (FSR) of 0.75, whereas only a maximum FSR of 0.6 is permitted; A building height of 11.9 metres, whereas only a maximum building height of 11 metres is permitted; and The ground floor units do not have a ground floor patio which is required. The applicant has submitted a Site Plan Application, SP23/081/H/AA, which has been reviewed with all applicable divisions and agencies and has subject to receiving approval of the minor variances. Figure 3: The proposed Site Plan Figure 4: The proposed building's south elevation Staff visited the subject property on May 02, 2024. Figure 5: The subject property from Hazelgen Drive Figure 6: The subject property from the corner of Mooregate Crescent 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 property is contains a number of policies related to density in low rise residential areas. The Low Rise Residential land use designation accommodates a full range of low density housing types including single detached dwellings, duplex dwellings, semi-detached dwellings, street townhouse dwellings, townhouse dwellings in a cluster development, low-rise multiple dwellings and special needs housing. Floor Space Ratio: Policy 15.D.3.11 applies a maximum Floor Space Ratio (FSR) of 0.6, however site-specific increases up to a maximum FSR of 0.75 may be considered, where it can be demonstrated that the increase in the FSR is compatible. Building Height: Policy 15.D.3.12 applies a maximum building height of 3 storeys or 11 metres in height, at the highest grade elevation. Relief from the building height may be considered for properties with unusual grade conditions and for buildings and/or structures with increased floor to ceiling heights and architectural features provided the increased building height is compatible with the built form and physical character of the neighbourhood. The building height is measured to the highest point of the sloped roof. The proposed height is measured as 10.2 metres to the roof midpoint as it is a slopped roof. In addition, the building is compatible with respect to the massing, scale and design of the neighbourhood Private patio: Policy 15.D.3.3 states the City will apply design principles in accordance with the Urban Design Policies in Section 11. An emphasis will be placed on adequate and appropriate amenity areas, and landscaped areas will be provided on-site. Although the proposal does not have a private patio on the ground floor units, it meets the landscape percentage required with a space for the outdoor amenity. Additionally, some of the units will have a second or third-floor balcony. Based on the above, staff is of the opinion that the variances meet the general intent of the Official Plan. General Intent of the Zoning By-law The RES-5 zone permits a range of housing types. The 0.6 Floor Space Ratio and building height requirements are intended to ensure development occurs at a scale compatible with other low-rise housing forms with adjacent properties. The proposed stacked townhouse dwelling units will provide a mix of housing types while maintaining compatibility with the massing, scale, and design of the low-rise residential neighbourhood. In addition, the required private patio ensures that each unit has enough private amenity space. The development will meet the minimum landscape requirement of 20% and will provide more than 75 square metres of outdoor amenity space. Also, some of the units on the second and third floors will have balconies. Therefore, the proposal meets the general intent of the zoning by-law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the effects of the requested variances are minor as the proposal has received conditional site plan approval to demonstrate that the site can function appropriately and that the increased FSR, increased building height, and not providing a private patio for ground floor units will not present any significant impacts to adjacent properties, the overall neighbourhood or the streetscape. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The proposed variances are desirable and appropriate as they will facilitate the development of a multiple dwelling which will be compatible in scale, massing and height, make use of existing infrastructure Inventory and Environmental Planning Comments: The tree management will occur via the site plan application. Heritage Planning Comments: No comments Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the stacked townhouse is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services does not have any concerns with the proposed application. The 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 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 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 Official Plan (2014) Zoning By-law 2019-051 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise & railway noise/vibration to the existing and the proposed dwellings/building. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 May 6, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMariahBlake, Re:Committee of Adjustment Meeting May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority