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Home My WebLink AboutCA - 2017-11-21 - A 2017-105 - 2399 Kingsway Dr�, Staff Report ITc� [�.R Community Services Department wm kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: November 21St, 2017 SUBMITTED BY: Juliane von Westerholt, Senior Planner 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Technical Assistant - 519-741-2200 ext. 7843 APPLICATION #: A 2017-105 ADDRESS: 2399 Kingsway Drive PROPERTY OWNER: 2259907 Ontario Inc. SUMMARIZED RECOMMENDATION: Approve with conditions DATE OF REPORT: November 14th, 2017 "� T Location Map: 2399 Kingsway Drive IR 61 �, Staff Report ITc� ►� t R Community Services Department wm kitchenerca REPORT Planning Comments: The subject property is zoned Arterial Commercial Zone (C-6), designated Commercial in the 2014 Official Plan, and Arterial Commercial Corridor in the 1994 Official Plan. City Planning staff conducted a site inspection of the property on November 1St, 2017. View of Unit 7 at 2399 Kingsway Drive The applicant is requesting permission to add Retail as a permitted use in order to open an adult retail store. The applicant is requesting relief from Section 12.1 of the Zoning By-law in order to allow this use. The subject property is designated Commercial in the current Official Plan (2014), and Arterial Commercial Corridor in the previous Official Plan (1994). The policies for Commercial land use designations in the 2014 Official Plan are under appeal. As a result, staff will be relying on the Arterial Commercial Corridor policies in the 1994 Official Plan to determine conformity. The 1994 Official Plan describes permitted uses within the Arterial Commercial Corridor land designation as "providing a specialized product or service to persons coming specifically to the premises to do business". The applicant is proposing to open an adult retail store, which would align with this policy in , Staff Report I Tc�►� .R Community Services Department wmkitchenerca the 1994 Official Plan. The 2014 Official Plan contains policies in the implementation section which are in effect that allow the Committee of Adjustment to grant change of use minor variances when the use is considered to be similar, more compatible, and ensuring that the use does not cause an increase of nuisance factors such as noise and odors. Staff is of the opinion that the proposed use is similar, compatible, and will not cause an increase in the aforementioned nuisance factors. Therefore, the proposed variance meets the intent of the Official Plan. 2. The proposed variance meets the intent of the Zoning By-law. The intent of omitting general retail as a permitted use from the C-6 zone is to reserve land for specific retail uses such as the sale of furniture, sporting goods or pet supplies. Although it is not specifically listed under permitted uses, staff believes that an adult store represents a specific type of retail that is appropriate for the C-6 Zone. The auto -centric nature of the C-6 zone is designed to support retail stores in which customers typically make specific trips to visit. In the opinion of Staff the proposed store aligns with the intent of the Zoning By-law. 3. The proposed variance is considered appropriate for the development and use of the lands. The subject property is operating as a commercial plaza and possesses a large parking lot. Staff does not believe it will have an adverse effect on the surrounding neighbourhood. 4. The variance is considered minor as staff is of the opinion of staff that the addition of retail as a permitted use will not disrupt the way in which the commercial plaza is currently operating. The potential impacts of the proposed retail business operating in in the plaza are also considered to be minor. Based on the above comments, staff is of the opinion that the variance requested is minor, meets the general intent of the Zoning By-law and Official Plan, and is appropriate for the lot and surrounding neighbourhood. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the proposed interior renovations and change of use. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services has no concerns with the proposed variance to establish a retail use in a C-6 zone. Heritage Comments: No heritage planning concerns. Environmental Planning Comments: No natural heritage concerns. RECOMMENDATION: That minor variance application A2017-105 requesting permission to establish a Retail Use in a C-6 Zone whereas the By-law does not permit a Retail Use within this Zone be approved, subject to the following condition: 1. That a Zoning (Occupancy) Certificate is obtained from the Planning Division. 2. That a building permit is obtained from the Building Division for the proposed interior renovations and change of use. , Staff Report I Tc� ►� :R Community Services Department wm kitcheneua 3. That all conditions shall be completed prior to June 30th, 2018. Any request for a time extension must be approved in writing by the Manager of Development Review (or designate), prior to the completion date set out in this decision. Failure to fulfill these conditions will result in this approval becoming null and void. Eric Schneider, BES Juliane von Westerholt, BES, MCIP, RPP Technical Assistant Senior Planner PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Region of Waterloo Telephone: 519-575-4400 TTY: 519-575-4608 Fax: 519-575-4449 November 10, 2017 www.regionofwaterloo.ca Holly Dyson City of Kitchener 200 King Street West File: T 15-40/VAR KIT GEN P.O. Box 1118 (01) /50, Forest Hill United Church Kitchener, ON N2G 4G7 (02) /58 KIT, Schlegel Urban Developments, 1193-1201 FHM Rd (04) /VAR KIT, 1142805 Ontario Inc. (05) /VAR KIT, Roopnarine, Angad (08) / VAR KIT, 2361693 Ontario Inc. (09, 10) / VAR KIT, Emmanuel Bible College (11, 12) /VAR KIT, Garden Brook Homes (13) / VAR KIT, 673099 Ontario Ltd. Freure North Subdivision (30T-98201) Dear Ms. Dyson: Re: Committee of Adjustment Meeting on November 21, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 121 Westmount Road East (SG 2017-016): No concerns. Please ensure that the sign and its foundation are located on private property. 2. 1201 Fischer -Hallman Road (SG 2017-017): No concerns. 3. 317 Greenbrook Drive (A 2017-104): No concerns. 4. 2399 Kingsway Drive (A 2017-105): No concerns. 5. 31 Cherry Street (A 2017-106): No concerns. 6. 386 Southill Drive (A 2017-107): No concerns. 7. 42 Marlis Crescent (A 2017-108): No concerns. 8. 125 Margaret Avenue (A 2017-109): No concerns. 9. 100 Fergus Avenue (70-100 Fergus Avenue) (A 2017-110): No concerns. 10.110 Fergus Avenue (A 2017-111): No concerns. 11.27 Bismark Avenue (A 2017-112): No concerns. 12.27 Bismark Avenue (A 2017-113): No concerns. 13.3, 7, 11, 15, 19 & New Lot (A 2017-114, 115, 116, 117, 118 & 119): No concerns. DOCS: 2553615 Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4757 ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Beth Brown, Phone: (519) 621-2761 ext. 2307 Supervisor of Resource Planning E-mail: bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: November 06, 2017 YOUR FILE: See below GRCA FILE: N/A RE: Applications for Signs: SG 2017-016 121 Westmount Road East SG 2017-017 1201 Fischer Hallman Road Applications for Minor Variance: A 2017-104 317 Greenbrook Drive A 2017-105 2399 Kingsway Drive, Unit 7 A 2017-106 31 Cherry Street A 2017-107 386 Southill Drive A 2017-108 42 Marlis Crescent A 2017-109 125 Margaret Avenue A 2017-110 100-110 Fergus Avenue A 2017-111 100-110 Fergus Avenue A 2017-112 27 Bismark Avenue A 2017-113 27 Bismark Avenue A 2017-114 5 & 3 Rockcliffe Drive A 2017-115 7 Rockcliffe Drive A 2017-116 11 Rockcliffe Drive A 2017-117 15 Rockcliffe Drive A 2017-118 19 Rockcliffe Drive A 2017-119 5 & 3 Rockcliffe Drive Applications for Consent: B 2017-038 125 Margaret Avenue B 2017-039 125 Margaret Avenue B 2017-040 100-110 Fergus Avenue B 2017-041 27 Bismark Avenue B 2017-042 27 Bismark Avenue B 2017-043 5 & 3 Rockcliffe Drive B 2017-044 7 Rockcliffe Drive B 2017-045 11 Rockcliffe Drive B 2017-046 15 Rockcliffe Drive B 2017-047 19 Rockcliffe Drive Applications for Provisional Consent: CC 2017-001 369 & 375 Frederick Street *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 2 Grand River Conservation Authority. GRCA COMMENT*: The above noted applications are located Authority areas of interest. As such, we will and plan review fees will not be required additional information, please contact me. Sincerely, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/dp outside the Grand River Conservation not undertake a review of the applications . If you have any questions, or require *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 2 of 2 Grand River Conservation Authority.