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Home My WebLink AboutCSD-18-078 - A 2018-037 - 396 Victoria Street NorthJ Staff Report Community Services Department www.kitcheneua REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD: DATE OF REPORT: REPORT #: SUBJECT: y � 37 M-2 ` I -�y V' _ P:laele L�n�; PE FNJL,N PARK Committee of Adjustment April 17, 2018 Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 Siobhan Kelly, Student Planner — 519-741-2200 ext.7074 10 April 9, 2018 CSD -18-078 A2018-037 — 396 Victoria St. N Applicant — 2427100 Ontario Inc. Approve Subject to Conditions. 36 33 NURTHWARD M-2 ars CEN LFR EDERECK C 66 Subject Lands _� 5pj.507 1 a9r ass a tt .3�r� 51.E "',91 $c 19 , _ 23 ,5i; 5 G 1^� 3T7 73 I �N, ,6 342 2T N 4 �.. 2 38111j��( V '.� 20 31 diA i24�I a 351 J 21 280 } 39 G': ' A 5 T�71! Rl30 27 �' 43, rv9U-'�' Location Map: 396 Victoria Street North RECOMMENDATION That Application A2018-037 requesting relief from Section 6.1.2 b) ii) A) b) of the Zoning By-law to permit an existing multi -tenant commercial building Zoned C-6 to calculate the required off-street parking space ratio using an aggregate sum for each individual tenant rather than using a calculation for the overall plaza requirement, be approved subject to the following conditions: *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. That this approval is limited to the parking requirement of the current individual uses in the building which include: the Sale, Rental, Service, Storage, or repair of Motor Vehicles; Personal Services. If the uses change and the new uses require more parking spaces above what can be legally provided on the property, the applicant must submit a new minor variance application and the parking requirement will be reassessed; and 2. That all new tenants obtain a Zoning (Occupancy) Certificate from the Planning Division. REPORT Planning Comments: The subject property located at 396 Victoria Street North is zoned Arterial Commercial (C-6) in the Zoning By-law 85-1 and designated Arterial Commercial Corridor in the Central Frederick Neighbourhood Secondary Plan. The subject property is located in close proximity to the intersection of Lancaster Street West and Victoria Street North. The property currently contains a one -storey building with mezzanines and parking lot to the east of the building. The applicant is requesting relief from Section 6.1.2 b) ii) A) b) of the Zoning By-law to allow the required parking to be calculated as the aggregate sum of each individual use rather than the quantity specified for a Plaza Complex. City Planning staff conducted a site inspection of the property on April 6, 2018. 396 Victoria Street North In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments. The subject property is designated Arterial Commercial Corridor in the Central Frederick Neighbourhood Secondary Plan. The designation does not include provisions regarding parking however, identifies a broad range of permitted commercial and industrial business uses. The proposed uses of an automotive servicing business, personal service business, and health office are all permitted uses within the Secondary Plan. As such, it is the opinion of staff that the requested variance meets the general intent of the Secondary Plan Designation in the Official Plan. 2. The Applicant has requested a variance to permit the parking requirement to be calculated based on the aggregate sum of each individual use rather than the quantity specified for a Plaza Complex. It is the opinion of staff that the intent of the parking requirement for a Plaza Complex is to ensure that a sufficient amount of parking is provided in the case that the individual uses change. In staff's review of the proposed parking, it was determined that 33 parking spaces would be required based on the individual uses which are proposed: 7 spaces required for Go Glass; 6 spaces required for Rock Spa; and 20 spaces for the vacant unit which is proposed to be a health office. The existing parking lot consists of 33 spaces. The Applicant has been advised that future uses would be limited based on the number of parking spaces they require based on the number of legal spaces on site. Transportation Planning staff has also indicated that they have no concerns with the requested change in calculating the parking requirement. The variance meets the general intent of the Zoning By-law as sufficient parking for the combined uses continues to be provided. 3. The variance is minor as the proposed change in calculation complies with the parking requirements based on the size of each individual use. It is the opinion of staff that this change in parking calculation will not negatively impact the adjacent properties and neighbourhood. 4. It is the opinion of staff that the requested variance should not impact the surrounding neighbourhood as sufficient parking spaces have been provided within the site based on the proposed uses. If the proposed uses were to change or if new tenants were to lease the units, staff can ensure that sufficient parking is provided by requiring that new tenants obtain a Zoning (Occupancy) Certificate. As such, only uses which meet the number of legal spaces on the site would be permitted. Based on the foregoing, Planning staff recommends that this application be approved subject to the conditions outlined in the Recommendation section of this report. Building Comments: No concerns to the proposed variance. Transportation Services Comments: That this approval is limited to the parking requirement of the current individual uses in the building. If the uses change and the new uses require more parking spaces above what can be legally provided on the property, the applicant must submit a new minor variance application and the parking requirement will be reassessed. Engineering Comments: No concerns with the proposed variance. Operations Comments: No concerns with the proposed variance. Environmental Planning Comments: No concerns with the proposed variance. Heritage Planning Comments: No concerns with the proposed variance. Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 3, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: PLANNING, DEVELOPMENT AND LEGISLATIVE SERVICES 150 Frederick Street, 8th Floor Kitchener ON N2G 4A Canada Telephone: 519.575-4400 TTY: 519-575-4608 Fax: 519-575-4449 www.regionofwaterloo.ca File No.: D20-20 Kit. Gen. NA Re: Committee of Adjustment Meeting on April 17, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment application(s) and have no comments - A2018 -024 (Amended), 2 Crossbridge Avenue A2018-030 to 042, Various 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, Z_."Vwl a_ BruceErb Supervisor, Corridor Planning (519) 575-4435 Document Number: 2691987 Document Author: EBRUCE Version: 1 Document Type: XPE-PE Grand River Conservation Authority Resource Management Division Trisha Hughes, Resource Planner PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: April 5, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2319 E-mail: thug hes@g randriver. ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-024(amended) 2 Crossbridge Avenue A 2018-030 397 Greenfield Avenue A 2018-033 14 Ellen Street West A 2018-034 731 Huron Road A 2018-035 47 Floyd Street A 2018-036 810 Frederick Street A 2018-037 396 Victoria Street South A 2018-038 105 Brubacher Street A 2018-039 Rockcliffe Drive (future #123) A 2018-040 Rockcliffe Drive (future #127) A 2018-041 151 Fifth Avenue A 2018-042 151 Fifth Avenue Applications for Consent: B 2018-016(amended) 3 Chapel Hill Drive B 2018-024 259, 275 & 335 Gage Avenue B 2018-025 50 Brookside Crescent B 2018-028 Rockcliffe Drive (future #119-127) B 2018-029 Rockcliffe Drive (future #123 & 127) B 2018-030 151 Fifth Avenue GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, Trisha Hughes Resource Planner Grand River Conservation Authority TH/dp *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of ] Grand River Conservation Authority. Holly Dyson From: Brandon Gaffoor <Brandon.Gaffoor@metrolinx.com> Sent: 03 April, 2018 11:02 AM To: Holly Dyson Subject: 396 Victoria Street North, Kitchener - Metrolinx Comments Hi Holly, Further to the Minor Variance Application for 396 Victoria Street North dated March 23, 2018, I note the subject site is located immediately adjacent to GO Transit's Kitchener Rail Corridor. I further note, the Application is to assist in the facilitation of calculating parking spaces on the subject site. Given the circumstances, I have no further comment in this regard. Should you have any questions or concerns, please feel free to contact myself. BRANDON GAFFOOR, B.E.S. Intern - Rail Corridor Management Office Metrolinx 335 Judson Street I Toronto I Ontario I M8Z 1B2 T: 416.202.7294 C: 647.289.1958 :X: METROLINX This e-mail is intended only for the person or entity to which it is addressed. If you received this in error, please contact the sender and delete all copies of the e-mail together with any attachments.