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Home My WebLink AboutDTS-05-198 - ZC 05/W/BB - 173 Woolner Dr J Development & Technical Services Report To: Date of Meeting: Submitted By: Prepared By: Development and Technical Services Committee Ward(s) Involved: Date of Report: Report No.: Subject: December 5, 2005 JeffWillmer, Director of Planning (741-2325) Brian Bateman, Planning Technician (741-2869) Brandon Sloan, Planner (741-2648) Chicopee-Grand River Ward (Ward 2) November 24, 2005 DTS-05-198 Zone Change Application ZC OS/201W/BB 173 Woolner Drive - Grand River South TL V Developments Inc. RECOMMENDATION: That Zone Change Application ZC OS/20/W/BB for the purpose of changing the zoning from Residential Three Zone (R-3) and Residential Three Zone (R-3) with special regulation provision 175R to Residential Three Zone (R-3) with special regulation provision 437R; Residential Three (R-3) with special regulation 438R; Residential Three (R-3) with special regulation 175R and Residential Three Zone (R-3) with special regulation provisions 175R and 437R on lands legally described as Part of Lots 117,118 & 124, G.C.T., Part of Lot 12, R.P. 591, in the City of Kitchener, be approved in the form shown in the attached "Proposed By-law, dated November 18, 2005 without conditions. BACKGROUND: The subject lands are part of a plan of subdivision that was draft approved in 2004. TL V Developments is proposing a reduction in the required minimum lot area to reflect the draft approved plan of subdivision lot fabric, and ensure zoning compliance prior to the registration of the subject plan of subdivision. The proposed adjustments to the lot area require a zone change application. REPORT: The subject lands are designated for Low Rise Residential development in the City of Kitchener Municipal Plan. The applicant proposes to amend the zoning of a portion of the approved subdivision on future Tremaine Drive, future Janine Street, and future Edgewater Crescent. According to Zoning By-law 85-1, a portion of future lots on Janine Street and Tremaine Drive are currently zoned Residential Three (R-3) and Residential Three (R-3) with special regulation provision 175R, both of which permit single detached and duplex dwellings with a minimum lot area of 464.0 m2. Special regulation 175R reduced the minimum lot width to 12.0 m but did not include a corresponding reduction in minimum lot area. The final survey of the plan of subdivision has identified issues with many lots whereby the lot widths comply with the zoning regulations (including many that were recently amended through a previous zone change and subdivision modification ZC 04/29/W/BS); however the lot area does not meet the minimum 464 m2. The subdivider is working toward registration of the subdivision in the immediate future and as a result is proposing a zone change to recognize the area of those lots that do not meet the minimum R-3 requirement. Therefore, the proposed zoning would add special regulations 437R and 438R to those 48 future lots in order to allow for a minimum lot area of 375 m2 and 415 m2, accordingly. The applicant has indicated that even with the reduced lot area an appropriately sized dwelling can still be accommodated on the lots and should not require any further amendments or variances to the zoning regulations. The zone change conforms to the Municipal Plan and the Low Density Residential designation of the Grand River South Community Plan. The proposed zoning and lots are compatible with the remaining lots in the subdivision and with the development in the surrounding area. Community Input The subject zone change was deemed to be minor and as a result there was no preliminary circulation of the application. The report will be provided to all property owners within 120 metres of the subject lands along with notice of the December 5th, 2005 DTS Committee meeting. Department/Agency Comments Any technical requirements for this subdivision are being reviewed as part of a minor modification to the plan of subdivision. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are associated with this recommendation. COMMUNICATIONS: 2 Notice of the December 5th, 2005 public meeting of the Committee of Council dealing with Development and Technical Services matters was advertised in The Record on November 15th, 2005. A copy of the report will be provided to every property owner within 120m of the subject site. CONCLUSION: In summary, the zone change to facilitate the reduction in lot area for specific future lots in Stage 2 of plan of subdivision 30T-00201 should still provide for acceptable building lots and is considered to be compatible with the subdivision and the surrounding area. Brian Bateman, BA Planning Technician Brandon Sloan, MCIP, RPP Planner Jeff Willmer, MCIP, RPP Director of Planning Attachments: Proposed Zoning By-law and Map No.1 Newspaper Advertisement 3 (Proposed By-law, November 18th, 2005) BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TLV Developments Inc. - Woolner Drive) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Nos. 265 and 273 of Appendix "A" to By-law Number 85-1 are hereby amended by designating as Residential Three Zone (R-3) with special regulation provision 437R and Residential Three Zone (R-3) with special regulation provisions 175R and 437R instead of Residential Three Zone (R-3) and Residential Three Zone (R-3) with special regulation provision 175R, on lands described as Part of Lots 118 and 124 German Company Tract, and Part of Lot 12, Registered Plan 591, being part of Part 1, 58R-7781, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Schedule Nos. 265 and 273 of Appendix "A" to By-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "0" to By-law Number 85-1 is hereby amended by adding new section 437 thereto as follows: "437. Notwithstanding Section 37.2, within the lands zoned R-3 on Schedule Nos. 265 and 273, the minimum lot area for single detached and duplex dwellings shall be 375 m2." PASSED at the Council Chambers in the City of Kitchener this day of , 2005. Mayor Clerk 5 0::0:: L.{)t- t-CV) ~oo::::t Z Zz -0 QO '?- (f)- O::(f)__~ -s;,?>> WOe;..~O ZO::Wo....O:: Oo....Z 0.... NZOZZ WONQO ~ i= W !;;: i=<( I <(W--.J--.J I-S~=>=> --.J<.9I-~<.9 ~W--.JO::W 1-0::<( 0:: Z--.J---.J--.J W<(~~~ QOWUU ~WO~W 0::0....U)(f)0.... (f)W (f) ~IO::~O o 1-0::;: Z 8:~I-><( 0:: 00 CV) oo::::t Z CV) Q I (f) 0:: __ -CV)> WO::O Z -0:: OWo.... NZZ WOO WN_ 0:: WI- IW::] I-O::=> --.JI<.9 <(I-W i=--.Jo:: Z~--.J WI-<( OZ- -WU (f)OW W_o.... O::(f)(f) ~WI 00::1- 0::0~ LL I- 0:: 00 CV) oo::::t Z 8 Q 0:: 85 W 0::0 Z -0:: o Wo.... N Zz woo::::t2Qoo::::t ~=:!W!;;:=:! I <( ~ --.J <(I- I-I-LL..=> --.JWI<.9W <(Ol-WO i=>-~o::>- Zb::---.Jb:: WW~~W Qo....wUo.... 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UUWO::O:: (f) t= ~ :::::i W Z o N ---.J <( I- W o ~ 0:: w 0.... o 0:: 0.... o I- 0:: w LL W 0:: (Proposed By-law, November 18th, 2005) BY-LAW NUMBER OF THE CORPORATION OF THE CITY OF KITCHENER (Being a by-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City of Kitchener - TLV Developments Inc. - Woolner Drive) WHEREAS it is deemed expedient to amend By-law 85-1; NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows: 1. Schedule Nos. 265, 272 and 273 of Appendix "A" to By-law Number 85-1 are hereby amended by designating as Residential Three Zone (R-3) with special regulation provision 438R, Residential Three Zone (R-3) with special regulation provisions 175R and 437R and Residential Three Zone (R-3) with special regulation provision 438R and property detail 4 instead of Residential Three Zone (R-3), Residential Three Zone (R-3) with property detail 4 and Residential Three Zone (R-3) with special regulation provision 175R, on lands described as Part of Lots 118 and 124 German Company Tract, and Part of Lot 12, Registered Plan 591, being part of Part 1, 58R-7781, in the City of Kitchener. These lands are shown on Map No. 1 attached hereto. 2. Schedule Nos. 265, 272 and 273 of Appendix "A" to By-law Number 85-1 are hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 3. Appendix "0" to By-law Number 85-1 is hereby amended by adding new section 437 thereto as follows: "437. Notwithstanding Section 37.2, within the lands zoned R-3 on Schedule Nos. 265, 272 and 273, the minimum lot area for single detached and duplex dwellings shall be 375 m2." 4. Appendix "0" to By-law Number 85-1 is hereby amended by adding new section 438 thereto as follows: "438. Notwithstanding Section 37.2, within the lands zoned R-3 on Schedule Nos. 265 and 273, the minimum lot area for single detached and duplex dwellings shall be 415 m2." PASSED at the Council Chambers in the City of Kitchener this day of , 2005. Mayor Clerk