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Home My WebLink AboutDSD-18-152 - A 2018-119 - 515 Riverbend Drww kitchen r c a REPORT TO: Committee of Adjustment DATE OF MEETING: November 20th, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Eric Schneider, Junior Planner— 519-741-2200 ext. 7843 WARD: 1 DATE OF REPORT: November 13th, 2018 REPORT #: DSD -18-152 SUBJECT: A2018-119 — 515 Riverbend Drive Applicant — Heather Price Approve with Condition Location Map: 515 Riverbend Drive REPORT Planning Comments: The subject property located at 515 Riverbend Drive is zoned Restricted Business Park Zone (B-2) in the Zoning By-law 85-1 with special regulation provision 32R and special use provision 107U. The property is designated Business Park Employment in the 2014 Official Plan (under *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. appeal) and designated Business Park in the 1994 Official Plan. Staff conducted a site inspection of the property on October 26th, 2018. The applicant is requesting to add the uses "health office" and "health clinic" to an existing building. Defined in the Zoning By-law, a health office has 1-2 health professionals and a health clinic has 3 or more health professionals. View of Existing Building (October 26th, 2018) 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 offer the following comments. The requested variance meets the general intent of the Official Plan. The subject property is designated Business Park in the 1994 Official Plan and Business Park Employment in the 2014 Official Plan (under appeal). As the policies for Business Park Employment are under appeal in the 2014 Official Plan, Staff will be relying on the 1994 Official Plan. The Business Park designation in the 1994 Official Plan speaks to providing service uses within Business Park areas to complement a full range of uses within a Business Park. A health office/clinic could be considered a service use, and Staff believes that the addition of this use would provide a good complementary function within the existing business park. Therefore, the requested variance meets the general intent of the Official Plan. 2. The requested variance meets the general intent of the Zoning By-law. The intent of the regulation that lists the types of permitted uses within the business park zone is to ensure that businesses with high employment levels are prioritized within these areas. In this situation, the property owner has struggled to find businesses within the list of permitted uses to lease units within the building, prompting this application to add Health office/clinic uses. The proposed health office/clinics would employ a number of medical professionals as well as other administrative staff. Staff considers the use of a portion of the existing building as health office/clinics to contribute to more overall employment on site and therefore it meets the general intent of the Zoning By-law. 3. The proposed variances are considered desirable and appropriate for the development and use of the lands. Staff considers the use of the vacant space for health office/clinic use to be desirable and appropriate for the existing property. 4. The variance is considered minor. No parking issues are expected, as the property contains a surplus of parking above and beyond the minimum required by the by-law, and all other potential impacts are considered to be minor. 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: The Building Division has no objections to the proposed variance provided a building permit for the proposed interior alterations and possible change of use is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns. RECOMMENDATION That application A2018-119 requesting permission for an existing office building to have 640 sq.m. for health clinic or health office use whereas the By-law does not permit health clinic or health office use be approved, subject to the following condition: 1. That a building permit is obtained from the Building Division. Eric Schneider, BES Juliane von Westerholt, B.E.S., MCIP, RPP Junior Planner Senior Planner November 5, 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. reg i o n ofwate r l o o. ca File No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on November 13, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments - 1 . omments: 1. FN 2018-003 — 626 Blair Creek Drive — No Concerns 2. SG 2018-013 — 396 Victoria Street North —At this location the Regional Official Plan designates Regional Road 55 (Victoria Street), Bruce Street to Westmount Road, at 26.213 metres. Should a development application be submitted for this property, an approximate 3 metre road widening would be required. As such, we would not support having the sign located within the future road widening. We request that the sign be relocated outside of the designated road allowance. 3. A 2018-116 — 359 Alice Avenue — At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. 4. A 2018-117 — 170 Weber Street East — No Concerns 5. A 2018-118 — 392 Fischer Hallman Road — Any proposed changes/alterations to the access on Regional Road 58 (Fischer -Hallman Road) will require a Regional Road Access Permit ($100 Fee). Should the Committee of Adjustment approve the minor variance, we respectfully request that a Regional Road Access Permit be a condition of approval. 6. A 2018-119 — 515 Riverbend Drive — No Concerns 7. A 2018-120 — 57 Chestnut Street — No Concerns 8. A 2018-121 — 87 Dekay Street — No Concerns 9. A 2018-122 — 410 Rivertrail Avenue — No Concerns 10. A 2018-123 — 108 Ahrens Street West — No Concerns Document Number: 2861575 11. A 2018-124 — 3 Katherine Crescent — No Concerns 12. A 2018-125 — 810 Frederick Street — No Concerns 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application numbers to the undersigned. Yours Truly, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 DATE RE: 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2307 Beth Brown, Supervisor of Resource Fax: (519) 621-4945 Planning E-mail:bbrown@grandriver.ca November 6, 2018 YOUR FILE: See below Applications for Minor Variance (Sign & Fence): FN 2018-003 626 Blair Creek Drive SG 2018-013 396 Victoria Street North Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-117 170 Weber Street East A 2018-118 392 Fischer Hallman Road A 2018-119 515 Riverbend Drive A 2018-120 57 Chestnut Street A 2018-121 87 Dekay Street A 2018-122 410 Rivertrail Avenue A 2018-123 108 Ahrens Street West A 2018-124 3 Katherine Crescent A 2018-125 810 Frederick Street Applications for Consent: B 2018-117 B 2018-118 B 2018-119 & B 2018-120 GRCA COMMENT*: 95 King Street West 543 Weber Street East 11 Chicopee Park Court 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, Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/Iw 'These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority. Holly Dyson From: Lima, Luis (MTO) <Luis.Lima@ontario.ca> Sent: 13 November, 2018 2:00 PM To: Holly Dyson Cc: Morrisey, John (MTO) Subject: A2018-119-515 Riverband Drive Holly Dyson, The Ministry of Transportation (MTO) has completed its review of the above noted Minor Variance Application. The application has been considered in accordance with the requirements of our highway access control policies and the Public Transportation and Highway Improvement Act. The following outlines our comments. A 0 � 8 p p 9 115 p" If'',lhteirbei°udll IDD hte- MTO has no objections to the proposed minor variance (existing office building to have 640 sqm for health clinic). The applicant should be aware that placement of new signs or construction of a new building will be required MTO permits. Thank you, Luis Lima Corridor Management Section PHM Engineering Associate -West Region, London Office 519-873-4128 C:John Morrisey- Corridor Management Planner