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Home My WebLink AboutDSD-19-017 - A 2019-007 - 35 Trillium DrStaff Report Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 15, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Technical Assistant (Planning and Zoning) — 519- 741-2200 ext. 7110 WARD: 5 DATE OF REPORT: January 4, 2019 REPORT #: DSD -19-017 SUBJECT: A2019-007 — 35 Trillium Drive Applicant — Marc Steiniger Recommendation: Approve with Conditions 00 t 40 0 ti �w Y go �Subject Property Location Map: 35 Trillium Drive REPORT Planning Comments: The subject property located at 35 Trillium Drive is zoned Restricted Business Park Zone (B-2) with Special Regulation Provision 1 R in Zoning By-law 85-1 and designated Business Park in the City's 1994 and 2014 Official Plan. As portions of the 2014 Official Plan are under appeal with respect to the Business Park Employment land use designation policies, staff will defer to the Business Park policies of the 1994 Official Plan for guidance on this application. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The applicant is proposing to locate a fitness centre use, classified as Commercial Recreation in Zoning By-law 85-1, in a unit within the building on the subject lot, whereas the B-2 zoning on the subject lot does not allow Commercial Recreation. 35 Trillium Drive City Planning staff conducted a site inspection of the property on December 28, 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 offers the following comments. In the 1994 Official Plan, the subject property is designated Business Park. The Business Park districts cater to the needs of technical and/or scientific businesses such as computer, electronic, data processing, and research and development firms. The implementing policies of the Business Park land use designation allows for some flexibility to permit commercial uses such as a fitness centre, subject to additional criteria. Specifically, the designation provides for `additional office, commercial and services uses not permitted in other industrial areas and concentrate these at planned locations'. It is the opinion of staff that the proposed fitness centre (Commercial Recreation) use falls within these uses considered. The 1994 Official Plan does not speak directly to where `planned locations' will be, however, the policies guide `a range of commercial and support operations which serve the needs of the industrial community' to intersections of Primary, Secondary or Trunk Roads. The subject property is located at an intersection along Huron Road, which is classified as a Secondary Arterial Road in the 1994 Official Plan, thus helping satisfy the locational criteria. Contributing to staff support is the reality that this building will continue to consist primarily of other uses permitted in the existing B-2 zoning and that a fitness centre could be complementary to these uses. Staff will be recommending a restriction on the size of the otherwise not -permitted fitness centre (Commercial Recreation) use to help ensure this. Based on the above, the requested variance will not significantly alter the business park employment character of the area, and meets the general intent of the Official Plan. It is worth noting that, although the 2014 Official Plan policies for this property are not yet all in effect, the policies for this property in the 2014 Official Plan would allow for `Fitness Centre' to be a permitted use, subject to additional restrictions. When the 2014 Official Plan is implemented through the City's Comprehensive Review of the Zoning By-law (CRoZBy) project, it is probable that this variance will become redundant as Fitness Centre could be permitted as -of -right. 2. The requested variance to permit a fitness centre (Commercial Recreation) meets the general intent of the Zoning By-law. The intent of the B-2 zoning and range of permitted uses on the subject property is to implement the 1994 Official Plan's Business Park policies. As outlined in test #1 above, there is flexibility within the business park employment policies to permit the proposed use. As such, it is reasonable to suggest that the intent of the B-2 zoning is met by permitting Commercial Recreation as an additional permitted use for this property. 3. Staff is of the opinion that requested variance is minor as the approval of adding a Commercial Recreation use to the subject property will not alter the industrial character of the area and could contribute to supporting surrounding employment uses. 4. The requested variance is appropriate for the development and use of the land, as the proposed use is complementary to the industrial/employment character of the area. Based on the foregoing, Planning staff recommends that this application be approved with conditions. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the interior alterations to create a fitness centre 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. Heritage Comments: Heritage Planning staff note that the property municipally addressed as 35 Trillium Drive is adjacent to the Huron Road Cultural Heritage Landscape (CHL). However, there are no heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2019-007 requesting relief from Section 24.1 of the Zoning By-law to permit a Commercial Recreation (fitness centre) use, whereas the Zoning By-law does not permit Commercial Recreation, be approved subject to the following conditions: 1. That a Zoning (Occupancy) Certificate be obtained for a Commercial Recreation (fitness centre) use by December 1, 2019; and, 2. That the maximum size of the Commercial Recreation use on the subject property be 300 square metres. Richard Kelly-Ruetz, BES Technical Assistant Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo January 3, 2019 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 1, 3, 4, 5, 6, 8-13, 15-16 Re: Committee of Adjustment Meeting on Tuesday, January 15th, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have no comments: 1. FN 2019-001 — 27 Glasgow Street, Jay Harrison & Sean Geobey 2. SG 2019-001 — 70 King Street East, EuroPro (Kitchener) GP Inc. 3. SG 2019-002 — 439 Park Street, Jo -Ann Malhotra 4. A 2019-001 — 439 Park Street, Jo -Ann Malholtra 5. A 2019-002 — 106 Idle Creek Drive, James Abohbot 6. A 2019-003 — 487 Riverbend Drive, Grerei Investments Ltd. 7. A 2019-004 — 54 Bridge Street, Marann Homes Ltd. 8. A 2019-005 — 362 Edwin Street, Kirk and Jeraldine Van Os 9. A 2019-006 — 925 Thomas Pedder Court, Activa Holdings Inc. 10.A 2019-007 — 35 Trillium Drive, Huron Creek Holdings Corp. 11.A 2019-008 — 242 Ingleside Place, William Cody Willems 12.A 2019-009 — 63 Pinedale Drive, Sheldon John Foley 13.A 2019-010 — 150 Mill Street, Tom Ferguson 14.A 2019-011 — 270 Spadina Road East, 270 Spadina Kitchener Inc. 15.A 2019-012 — 50 Moore Avenue, Cathy DeBrabandere 16.A 2019-013 — 25 Fourth Avenue, Lino & Angela Santarossa 17.A 2018-127 — 659-663 Victoria Street South, Eight -Loop Inc. 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. Document Number: 2898843 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, Jason Wigglesworth, C.E.T. Transportation Planner (519) 575-4835 Filing: 2 — 06 FREDERICK — Crabby Joe's 7 — 52 — 2019641 Ontario Ltd. 14 — VAR KIT — 270 Spadina Kitchener Inc. 17 — 55 — Silicon North Real Estate Inc. Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 3, 2019 YOUR FILE: See below RE: Applications for Minor Variance (Signs and Fences): SG 2019-001 70 King Street East SG 2019-002 439 Park Street FN 2019-001 27 Glasgow Street Applications for Minor Variance: A 2018-127 659-663 Victoria Street South A 2019-001 439 Park Street A 2019-003 487 Riverbend Drive A 2019-004 54 Bridge Street West A 2019-005 362 Edwin Street A 2019-006 925 Thomas Pedder Court A 2019-007 35 Trillium Drive A 2019-008 242 Ingleside Place A 2019-009 63 Pinedale Drive A 2019-010 150 Mill Street A 2019-011 270 Spadina Road East A 2019-012 50 Moore Avenue A 2019-013 25 Fourth Avenue Applications for Consent: B 2019-001 427 Old Chicopee Trail B 2019-002 25 Fourth Avenue B 2019-003 31 Fourth Avenue B 2019-004 31 Fourth 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, Andrew Herreman Resource Planning Technician Grand River Conservation Authority "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.