HomeMy WebLinkAboutDTS-07-022 - ZC06/31/D/JB, Deer Ridge Driver ~_~
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REPORT
Report To: Development and Technical Services Committee
Date of Meeting: February 19, 2007
Submitted By: Jeff Willmer, Director of Planning (519-741-2325)
Prepared By: Jeff Bannon, Planner (519-741-2643)
Ward(s) Involved: Ward 3 -Fairview Gateway
Date of Report: February 8, 2007
Report No.: DTS-07-022
Subject: ZC06/31/D/JB
JHS Properties Inc.
Deer Ridge Drive
RECOMMENDATION:
That if City Council supports the approval of Application ZC06/31/D/JB (JHS Properties, Deer
Ridge Dr.) for the purpose of changing the zoning from Residential Three (R-3) with special
provisions 243R, 260R and 235U to Residential Three (R-3) with special provisions 243R,
260R, 456R and 235U, such approval be in the form in the proposed by-law dated February 8,
2007, attached to report DTS 07-022.
BACKGROUND:
The subject area within approved Draft Plan of Subdivision 30T-06202 is currently vacant land.
The subdivision consists of 17 residential lots and the owners are now looking to satisfy a
condition of the subdivision agreement that requires the approval of a zoning by-law
amendment. This amendment is shown as Area 1 on Map No 1 and is intended to implement
an agreement between the subdivider and neighbouring residents.
REPORT:
1. Planning Comments
The property is designated as a Low Rise Residential in the Official Plan. This permits a full
range of housing types, generally up to three storeys in height. The owners are proposing to
change the zoning from Residential Three (R-3) with special provisions 243R, 260R and 235U
to Residential Three (R-3) with special provisions 243R, 260R, 456R and 235U to limit the rear
facade of each proposed building for lots 13 to 17 inclusive of Draft Plan of Subdivision 30T-
06202 to not more than one storey in addition to any look-out basement and which does not
permit a walk out basement and does not include a mezzanine or similar feature. The
maximum height of the underside of any fascia shall be 5.5 metres. The purpose of this
amendment is to alleviate some of the concerns regarding rear yard privacy that was expressed
by neighbouring residents. The surrounding neighbourhood is comprised mostly of single family
bungalow homes and limiting the rear facade of new development has alleviated some of the
neighbours concerns. This amendment is required to fulfill a condition of subdivision approval
which was agreed upon by both the owners and neighbouring residents.
2. Property Owner Comments
Property owners have commented on the development through circulation of Draft Plan of
Subdivision 30T-06202. The requirement to amend the current zoning by-law is a direct result
of discussion with neighbourhood residents. The property owners have already been consulted
and have provided their feedback in regards to this development and as a result, they have not
been recirculated on this minor zone change.
3. Department/Agency Comments
The original subdivision application was circulated to all applicable agencies and internal
departments and concerns were addressed through the original approval. The Minor Zone
Change application was circulated to the Region of Waterloo and they have no objections to the
zone change.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
The original subdivision was circulated to applicable agencies and internal departments and to
all owners within 120 metres of the subject lands on July 31, 2006. A newspaper ad was
published in the KW Record on October 27, 2006 and a neighbourhood meeting with concerned
residents took place on November 29, 2006. The plan of subdivision was approved on
December 18, 2006. The minor zone change application was circulated to the Region of
Waterloo and an advertisement appeared in the KW Record on January 26, 2007.
CONCLUSION:
In summary, the Department of Development and Technical Services has prepared a proposed
by-law which reflects the desires of the subdivider and residents and which will satisfy a
condition of Draft Approved plan of Subdivision 30T-06202. Planning staff would not normally
support an amendment which is as restrictive as what has been proposed by the developer and
local residents, but a proposed by-law has been prepared in case council chooses to deal with
this situation by means of a zoning amendment.
Jeff Bannon, B.A. Della Ross, MCIP, RPP
Planner Manager of Development Review
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Map No 1
Proposed By-law
Newspaper Advertisement
Appendix `A' -Internal/Agency Comments
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PROPOSED BY-LAW
February 8, 2007
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 -
JHS Properties - Riverstone Court)
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 258 of Appendix "A" to By-law Number 85-1 is hereby amended by
designating Residential Three (R-3) with special provisions 243R, 260R, 456R and
235U instead of Residential Three (R-3) with special provisions 243R, 260R and
235U for the parcel of land described as Area 1 on Map No. 1 in the City of
Kitchener. These lands are shown on Map No. 1 attached hereto.
2. Schedule No. 258 of Appendix "A" to By-law Number 85-1 is hereby further amended
by incorporating additional zone boundaries as shown on Map No. 1 attached hereto.
3. Appendix "D" to By-law 85-1 is hereby amended by adding Section 456 thereto as
follows:
"456. Notwithstanding Section 37.2.1 of this by-law, within the lands zoned R-3 on
Schedule 258 of Appendix 'A' and shown as affected by this Subsection, the rear
building wall or walls shall be limited to one storey dwelling with a cellar but not a
basement and shall not include a mezzanine or similar feature. The maximum height of
the underside of any rear wall fascia shall be 5.5 metres. For the purposes of this
subsection, a "storey" means that portion of a building which is situated between the top
of any floor and the top of the floor next to it, and if there is no floor above it, that portion
between the top of such floor and the ceiling above it.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Clerk