HomeMy WebLinkAboutDTS-07-121 - ZC07/05/D/JB - 58 Daniel Ave1
aeve~c~rmerrt &
TechnPcal Services
REPORT
Report To: Development and Technical Services Committee
Date of Meeting: August 13, 2007
Submitted By: Jeff Wllmer, Director of Planning (741-2325)
Prepared By: Jeff Bannon, Senior Planner (741-2643)
Ward(s) Involved: Bridgeport -Centre (Coun. John Smola)
Date of Report: July 24, 2007
Report No.: DTS 07-121
Subject: ZONE CHANGE APPLICATION ZC07/05/D/JB
58 DANIEL AVENUE
MILAN AND LARA KOVACEVIC
RECOMMENDATION:
That Zone Change Application ZC07/05/D/JB (58 Daniel Ave, M&L Kovacevic) for the purpose
of changing the zoning from Residential Three Zone (R-3) to Residential Four Zone (R-4) with
Special Use Provision 366 to prohibit semi-detached and duplex dwellings and Holding
Provision 18[H] to prevent any new development until necessary transportation improvements
have been completed in the Bridgeport area, be approved in the form shown in the attached
"Proposed By-law" dated July 19, 2007 without conditions; and further,
That the Bridgeport East Secondary Plan be revised as follows:
That Policy 5.2.1 be revised as follows: "The residential Infilling Low Density designation
applies to existing residential areas containing single detached, semi-detached and duplex
dwellings. New singles detached residential lots shall be permitted by way of severance or plan
of subdivision on an infilling basis provided that no lot width shall be less than 15 metres save
and except lands legally described as Part of Lot 9, Registered Plan 675 in the City of Kitchener
and shown on Detail Schedule 26 of Schedule 181, Appendix "A" to By-law Number 85-1. New
semi-detached or duplex dwellings shall not be permitted, however, existing semi-detached and
duplex dwellings will be recognized".
And That Policy 5.2.2 be revised as follows: "A minor reduction from the minimum lot
width specified in Section 5.2.1 shall be considered in those instances where constraints
imposed by the location of existing buildings make it impossible to achieve the minimum lot
width. In no case, however, shall such minor reduction exceed 1.5 metres save and except
lands legally described as Part of Lot 9, Registered Plan 675 in the City of Kitchener."
BACKGROUND:
The subject land is currently developed with a duplex dwelling with 36.7 metres of vacant land
to the south of the dwelling. The applicants have applied for consent to sever the existing lot
and create a new lot for future residential development. The owner intends, in the future, to
further sever the proposed new lot to accommodate four single detached dwellings. The subject
property is currently within the Bridge-Lancaster Transportation Study area and is therefore
subject to the current development cap for the area. A holding provision would allow for the
severance of the existing lot while preventing development until the necessary transportation
improvements have been completed in the Bridgeport area.
REPORT:
1. Planning Comments
The applicant is proposing to change the zoning from Residential Three (R-3) to Residential
Four (R-4) with Special Use Provision 366 and Special Holding Provision 18[H]. The applicant
has also applied to the Committee of Adjustment to sever the existing duplex lot and create a
new lot for future residential development. The new lot is intended to be severed into 4 parcels
and the R-4 zoning will allow for 9 metre lots instead of the 13.7 metre lots required in R-3
zoning.
The subject property is designated as Residential Infilling Low Density in the Bridgeport East
Secondary Plan which has the status of a community plan. Severances for new singles are only
permitted on 15 metre wide lots with the possibility of a 1.5 metre reduction. The plan prohibits
new semi-detached and duplex dwellings. The proposed zone change to the R-4 Zone would
permit 9 metre wide lots and the special use provisions will prohibit semi-detached and duplex
dwellings.
The properties directly across from the subject property are zoned R-4 and have frontages of
approximately 13 to 14 metres. The Provincial Policy Statement and the Province's "Places to
Grow" Growth Plan support residential intensification. The proposed R-4 zoning is compatible
with other properties in the neighbourhood and it is recommended that policies 5.2.1 and 5.2.2
dealing with lot frontage in the Bridgeport East Plan be amended accordingly.
The subject property is within the Bridge-Lancaster Transportation Study area and is subject to
the current development cap for the area, which had been put in place by Regional Council.
The applicant has applied to sever the existing duplex lot and create a new lot for future single
detached dwellings. The Region of Waterloo has agreed to support the severance of the
property if a holding provision is placed on the subject area which prevents development until
the necessary transportation improvements have been completed. Permission from the Region
would be required before the Holding Provision is removed.
The property is designated as a Low Rise Residential in the Official Plan which is intended to
accommodate a full range of housing types in locations that are appropriate to areas of low rise
housing. The proposed zone change conforms to the Official Plan.
2. Property Owner Comments
Five responses were received from neighbouring property owners. The main concern raised by
respondents was related to allowing semi-detached dwellings into the area and the increased
traffic that may result from such a development. The owner has agreed to limit the development
to single detached dwellings and accordingly a special use provision has been proposed which
prohibits semi-detached and duplex dwellings. This provision is also in keeping with the
Bridgeport East Secondary plan which is a community plan. The traffic issues are being
addressed by the Region of Waterloo.
3. Department/Agency Comments
The application was circulated to all applicable agencies and internal departments and there
were 10 respondents. Seven of those respondents had no concerns and the comments from
the Region of Waterloo and Policy Planning have been addressed through the proposed zoning.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Preliminary circulation of the original application was undertaken on October 18, 2006 to
department/agencies and all property owners within 120 metres of the site. The advertisement
for the zone change appeared in The Record on July 20, 2007. The comments received are
discussed in the report above and are attached as Appendices A and B.
CONCLUSION:
In summary, the Department of Development and Technical Services recommends that Zone
Change Application ZC07/05/D/JB be approved.
Jeff Bannon, MCIP, RPP Della Ross, MCIP, RPP
Senior Planner Manager of Development Review
Jeff Willmer, RPP, MCIP
Director of Planning
Attachments:
Proposed By-law
Newspaper Advertisement
Appendix `A' -Internal/Agency Comments
Appendix `B' -Property Owner Comments
(Proposed By-law, July 19, 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
-Milan and Lara Kovacevic - 58 Daniel Avenue)
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 181 of Appendix "A" to By-law Number 85-1 is hereby amended by
designating Residential Four Zone (R-4) with Special Use Provision 366U, and
Holding Provision 18[H] instead of Residential Three Zone (R-3) for the parcel of
land described as Registered Plan 675 Part of Lot 9 in the City of Kitchener. These
lands are shown on Map No. 1 attached hereto.
2. Appendix "C" to By-law 85-1 is hereby amended by adding Section 366 thereto as
follows:
"366. Notwithstanding Section 38.1 of this By-law, within lands zoned R-4 on
Schedule 181 of Appendix "A" and described as Registered Plan 675 Part of Lot 9 in
the City of Kitchener, semi-detached dwellings and duplex dwellings are prohibited.
3. Appendix "G" to By-law 85-1 is hereby amended by adding Section 18 as follows:
Notwithstanding Section 38.1 of this By-law, within the lands zoned R-4 on
Schedule 181 of Appendix "A", described as Part Lot 9, Registered Plan 675,
the holding provisions represented by the letter symbols R (R), as established
in Section 3.5.7, shall apply to all uses.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2007.
Mayor
Deputy Clerk
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