HomeMy WebLinkAboutDSD-2025-038 - Addendum - Zoning By-law Amendment Application - ZBA21/012/W/ES - 400 Westwood Drive - Zakia Kardumovic and Anel KardumovicStaff Report
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Development Services Department www.kitchener.ca
REPORT TO:
DATE OF MEETING:
SUBMITTED BY:
PREPARED BY:
WARD INVOLVED:
DATE OF REPORT:
REPORT NO.
SUBJECT:
RECOMMENDATION:
Committee of the Whole
January 20, 2025
Garett Stevenson, Director of Development and Housing
Approvals, 519-783-8922
Eric Schneider, Senior Planner 519-783-8918
UAFTT E:
January 17, 2025
DSD -2025-038
Addendum- Zoning By-law Amendment Application
ZBA21 /012/W/ES
400 Westwood Drive
Zakia Kardumovic and Anel Kardumovic
That Zoning By-law Amendment Application ZBA21/012/W/ES requesting to amend
Zoning By-law 2019-051, for Zakia Kardumovic and Anel Kardumovic be approved in
the form shown in the `Proposed By-law', and `Map No. 1', attached to Report DSD -
2025 -038 as Attachments 'Al' and `A2', BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Council with updated `Proposed By-law' and
`Map No. 1' and updated concept plan for the Zoning By-law Amendment Application
for the subject lands located at 400 Westwood Drive that was presented to the
Planning and Strategic Initiatives Committee on January 6, 2025 in report DSD -2025-
004.
• This report supports the delivery of core services.
BACKGROUND:
On January 6th, 2025 Staff presented Zoning By-law Amendment Application
ZBA21/012/W/ES for the subject lands located at 400 Westwood Drive in report DSD -
2025 -004 to the Planning and Strategic Initiatives Committee. Committee referred the
decision to the Council meeting January 20th, 2025 and directed Staff to dialogue with the
applicant and area residents to discuss possible changes to address concerns.
Staff scheduled a meeting with the applicant, an area neighbour who participated by
delegation, and representatives from the Green Belt Neighbourhood Association for
January 14th, 2025. Staff received an updated plan from the applicant on January 13tH
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
Page 11 of 55
2025 and it was circulated to the area neighbour that participated as a delegation and the
Neighbourhood Association. Staff will detail the changes made in the report below.
REPORT:
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Figure 1: Revised Concept Plan (January 13, 2025)
Interior Side Yard Setback (South Property Line)
The applicant has increased the side yard setback from 2.5 metres to 4.0 metres, pushing
the building 1.5 metres further from the southern property line. This will result in the
preservation of one additional tree that was previously proposed to be removed as a result
of construction of the proposed building. The setback of 4.0 metres is at the front corner of
the townhouse unit (pinch point), and the setback increases to 5.8 metres at the rear
corner of the townhouse unit.
Paired Driveways
The applicant has paired the driveways for Lots 2-5, resulting in greater space between
driveways of Units 3-4 and 5-6. The resultant 2 larger lawn spaces do not meet the
technical length requirements for on -street parallel parking, however in the opinion of
Planning Staff it would still be possible to park regular -sized vehicles in those areas. This
would result in potentially 5 on -street parking spaces, rather than the original proposal of 3
on -street parking spaces.
Zoning of Tree Protection Area to remain as RES -1
Staff have amended the `Proposed By-law' and `Map No. 1' to keep the areas identified as
the Tree Protection Area as `RES -1' zoning, rather than changing the zoning to RES -4 as
per the original recommendation. Staff acknowledge that while the zoning provision in the
Tree Protection Area would not permit any development regardless of whether it is zoned
`RES -1' or `RES -4', the Green Belt Neighbourhood Association identified the change to
Page 12 of 55
`RES -4' zoning as a concern for potentially opening the area to future development. Staff
are able to make the necessary changes to keep the Tree Protection Area as `RES -1' as a
result.
STRATEGIC PLAN ALIGNMENT:
The recommendation of this report supports the achievement of the City's strategic vision
through the delivery of core service.
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 council / committee meeting.
CONSULT — Staff circulated the revised concept plan to the Green Belt Neighbourhood
Association and the area resident that delegated at Planning and Strategic Initiatives
Committee.
COLLABORATE — Staff facilitated a meeting between the applicant, an area resident that
delegated at Planning and Strategic Initiatives Committee on January 6th, 2025, and the
Green Belt Neighbourhood Association on January 14th, 2025.
PREVIOUS REPORTS/AUTHORITIES:
• DSD -2025-004 - Zoning By-law Amendment Application - ZBA21/012/W/ES
REVIEWED BY: Malone -Wright, Tina - Manager of Development Approvals,
Development and Housing Approvals Division
APPROVED BY: Readman, Justin - General Manager, Development Services
ATTACHMENTS:
Attachment Al — Revised Proposed By-law
Attachment A2 — Revised Map No. 1
Attachment B — Revised Concept Plan
Page 13 of 55
follows:
DSD -2025-038 Attachment "A1"
PROPOSED BY — LAW
, 2025
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2019-051, as amended, known
as the Zoning By-law for the City of Kitchener
— Zakia Kardumovic and Anel Kardumovic
— 400 Westwood Drive)
WHEREAS it is deemed expedient to amend By-law 2019-051 for the lands specified above;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as
Zoning Grid Schedule Number 17 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential One
Zone (RES -1) to Low Rise Residential Four Zone (RES -4) with Site Specific Provision (416).
2. Zoning Grid Schedule Number 17 of Appendix "A" to By-law Number 2019-051 is hereby
amended by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Low Rise Residential One
Zone (RES -1) to Low Rise Residential One Zone (RES -1) with Site Specific Provision (416).
3. Zoning Grid Schedule Number 17 of Appendix "A" to By-law Number 2019-051 is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
4. Section 19 of By-law 2019-051 is hereby amended by adding Section 19 (416) thereto as
follows:
"416. Notwithstanding Table 7-1 and Table 7-4 of this By-law within the lands zoned Low
Rise Residential One Zone (RES -1) and Low Rise Residential Four Zone (RES -4)
and shown as affected by this subsection on Zoning Grid Schedule Number 17 of
Appendix `A', the following special regulations shall apply:
No buildings, fences or structures (including decks, terraces, balconies or major
storm water management structures and pipes) shall be located within the
hatched area shown on Figure 1 hereto.
Page 14 of 55
DSD -2025-038 Attachment "A1"
Figure 1: Site Specific Provision Map (416)
ii. For a Street Townhouse Dwelling Unit:
a)
b)
C)
d)
e)
f)
g)
The maximum number of dwelling units in a street townhouse dwelling shall
be 5, not including any additional dwelling units.
The minimum lot width (external unit) shall be 8.3 metres.
The minimum front yard shall be 4.5 metres.
The minimum rear yard shall be 7 metres.
The minimum interior side yard shall be 4 metres.
The maximum lot coverage shall be 65%.
Geothermal energy systems are prohibited."
Page 15 of 55
DSD -2025-038 Attachment "A1"
PASSED at the Council Chambers in the City of Kitchener this day of 2025.
Mayor
Clerk
Page 16 of 55
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