HomeMy WebLinkAboutDSD-18-084 - A 2018-071 - 545 Trillium DrREPORT TO:Committee of Adjustment
DATE OF MEETING:August21, 2018
SUBMITTED BY:Juliane von Westerholt, Senior Planner -519-741-2200 ext. 7157
PREPARED BY:Sheryl Rice Menezes, Planning Technician –519-741-2200 ext. 7844
WARD:5
DATE OF REPORT:August 14,2018
REPORT #:DSD-18-084
SUBJECT:A 2018-071–545 Trillium Drive
Applicant –Nick O’Malley, Youth Leadership Camps Canada Inc.
Owner –Shelane Properties Inc.
Approve withConditions
Subject Property
REPORT
Planning Comments:
The property is zoned B-1 (Business Park Zone) in By-law 85-1 and is designated as Business Park in
the 1994 Official Plan and Business Park Employmentin the 2014 Official Plans. Staff visited the site on
August 14, 2018.
The owner is requesting permission to permit an office use in an existing multi-use industrial building
zoned B-1 whereas the By-law does not permit office use in the B-1 zone.
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 proposed variance meetsthe general intent of the Official Plan. The subject property is designated
Business Park in the City’s 1994 Official Plan and Business Park Employment in the 2014 Official Plan. The
2014 Official Plan Designation is in effect, however a significant number of policies from the 2014 Official
Plan are under appeal and therefore are not being solelyrelied upon for this report.Instead,the Business
Park designation, Section 5.3, from the 1994 Official Plan is being reviewed for compliance.The designation
caters to the needs of technical and/or scientific businesses and the subject property is a multi-tenant
building with the majority of the units occupied by such uses. This designation also provides for additional
office, commercial and service uses not permitted in other industrial areas. Using a portion of the building
for office use is in keeping with thegeneralintent of the designation. It is noted that the 2014 Official Plan
designation of Business Park Employment permits freestandingoffices provided that they arelocated within
450metres of an existing or planned transit corridor, such asis the case with the subject property. (Section
15.D.6.30).
The proposed variance meetsthe general intent of the Zoning By-lawand can be considered minor. The
intent of the Restricted Business Park (B-2)zoning section is to provide for scientific andtechnological
establishmentsto be located within traditional industrial areas with uses such as manufacturing,
warehousing and car repair.Office use is often a portion of any industrial businessand the proposed stand-
alone office use will occupy a small portion (80 square metres) of the overall building size (2,500 square
metres). It is staffs opinion that the general intent of the by-law is being met and the variance may be
considered minor asthe proposed use is not dominating the multi-tenant uses currently on site.
The proposed variance is appropriate for the development of the property and streetscape. As noted above,
the use is a fraction in size of the overall building and will not haveany impact on the development of the
property and streetscape.
Lastly, from the visitto the site by staff, it wasnoted that the demarcation of the parking spaces has faded.
As well, the Site Plan SP 05/35/T/LT (attached to the application) is incorrect as there are 70 spaces
indicated under SITE STATISTICScolumn but actually only 60 spaces shown in the drawing of the site. As
well, some of the spaces are shown as hatched but shown be solid lines indicating the spaces as they are
required for the multi-tenant building. Staff recommend that as a condition for this variance that the Site Plan
be updated and the parking spaces be demarcated.
Based on the foregoing, Planning staff recommends that this application be approvedsubject to the
conditions noted in the Recommendation section below.
Building Comments:
The Building Division has no objections to the proposed variance provided a building permit is obtained for
any change of use is obtained prior to construction. Please contact the Building Division @ 519-741-2433
with any questions.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
No comments.
Heritage Planning Comments:
Environmental Planning Comments:
No environmental planningconcerns as no new development/construction is proposed.
RECOMMENDATION:
That application A 2018-062 requesting permissionto permit an office use in an existing multi-
use industrial building zoned B-1 whereas the By-law does not permit office use in the B-1 zone
be approved, subject to the following conditions:
1)That a building permit is obtained for the change of use;
2)That Site Plan SP 05/35/T/LT be updated, as required by the Manager of Site Development
and Customer Service, to indicatethe correct amount of parking spaces provided; and
this update will include demarcation of all parking spaces;
3)That the area of the office be limited to a maximum of 100 square metres; and,
4)That the above noted conditionsbe completed by March 1, 2019. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
conditions will result in this approval becoming null and void.
Sheryl Rice Menezes, CPT Juliane von Westerholt, BES, MCIP, RPP
Planning Technician (Zoning) Senior Planner
August 13, 2018
Holly Dyson
City of Kitchener
200 King Street West File: D20-20/VAR KIT GEN
P.O. Box 1118 (1)/69, Great Canadian Holidays and Coaches.
Kitchener, ON N2G 4G7 (8) /29, Leo Wolynetz
(9) /VAR KIT, 388-400 Mix Use Development
(10) /63, Andrin City Centre Phase II
(11) /12, Ormston Charlie, 508 New Dundee
Dear Ms. Dyson:
Re: Committee of Adjustment Meeting on August 21, 2018, City of Kitchener.
Regional staff have reviewed the following Committee of Adjustment application(s) and
have the following comments:
1. 333 Manitou Drive (SG 2018-008): No concerns, provided the sign is located
entirely on private property.
2. 207 Centennial Court (A 2018-070): No concerns.
3. 545 Trillium Drive (A 2018-071): No concerns.
4. 47 Water Street North (A 2018-072): No concerns.
5. 42 Crosswinds Drive (A 2018-073): No concerns.
6. 390 Rivertrail Avenue (A 2018-074): No concerns.
7. 70 Dumart Place (A 2018-075): No concerns.
8. 295 Lancaster Street Unit B (A 2018-076): No concerns. However, the applicant
is advised that a future development application on these lands will require
dedicated road widening of 3.048m along Lancaster Street West and a daylight
triangle of 7.62m at Lancaster/Elizabeth intersection. At such time in future, the
proposed deck may be required to be removed/relocated or an encroachment
9. 388 King Street East (A 2018-077): No concerns.
10. 120 130 140 King Street East and 55 Duke Street (A 2018-078): No concerns.
11. Sportsman Hill Drive and Ridgemount Street (A 2018-079 thru 094): No
concerns.
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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
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1R 5W6
Resource Management DivisionPhone: (519) 621-2761 ext. 2319
Trisha Hughes, Resource Planner Fax: (519) 621-4945
E-mail: thughes@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: YOUR FILE: GRCA FILE:
August 13, 2018 A 2018-071 545 Trillium Drive A2018-071 - 545 Trillium Dr
RE: Application for Minor Variance A 2018-071
545 Trillium Drive, City of Kitchener
Shelane Properties Inc.
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above noted minor
variance. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information available in this office indicates that a portion of the property lies below the
Regulatory Floodline Elevation of Strasburg Creek. The property is also adjacent to the
Provincially Significant Strasburg Creek Wetland Complex. The wetland is currently being
utilized as a stormwater management facility. The property is also adjacent to a branch of
Strasburg Creek.
2. Legislative/Policy Requirements and Implications:
Due to the above features, the property is regulated by the GRCA under Ontario Regulation
150/06 Development, Interference with Wetlands and Alterations to Shorelines and
Watercourses Regulation.
It is our understanding that this application is to allow use of part of the existing building for
industrial and administrative office space within the Business Park Zone (B-1). As the
existing building does not appear to be within the natural hazard, we have no objection to
the minor variance.
As this property contains GRCA regulated area, GRCA staff will participate in the review of
future applications on this property. Please note that if any new development is proposed,
including a change to the existing building to create a new unit, a permit from the GRCA will
be required pursuant to Ontario Regulation 150/06.
3. Plan Review Fees:
$260.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$260.00.
A separate fee is applied for a GRCA permit application, if required.
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* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority
We trust this information is of assistance. If you have any questions, or require additional
information, please contact the undersigned.
Sincerely,
_____________________________
Trisha Hughes
Resource Planner
Grand River Conservation Authority
cc: Shelane Properties Inc., 545 Trillium, Unit H, Kitchener, ON N2R 1J4
-
Medonte, ON L3V 6H1
Page 2 of 2
* These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation
Authority