HomeMy WebLinkAboutDSD-19-058 - A 2019-025 - 25 Bruce StStaff Report
Development Services Department
REPORT TO:
DATE OF MEETING
SUBMITTED BY:
PREPARED BY:
WARD:
DATE OF REPORT:
REPORT #:
SUBJECT:
Committee of Adjustment
March 19, 2019
1
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Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
Andrew Pinnell, Planner— 519-741-2200 ex. 7668
1
March 13, 2019
DSD -19-058
A2019-025 — 25 Bruce Street
Applicant — 793366 Ontario Limited
Approve with Conditions
REPORT
Planning Comments:
The subject property is located at the southwest corner of Victoria Street North and Bruce Street, in the
Rosemount Planning Community. The property contains a 1 -storey, multi -tenant commercial building
constructed in the 1970s. Highway 7 (Conestoga Parkway) is located immediately to the west. Units
within the building are currently occupied by Sleep Management Group, Fiddleheads / True Wellness,
and Dutchie's.
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The lands on the opposite side of Bruce Street, along Victoria Street to the northeast, and the property
immediately to the south, are occupied by commercial uses. Lands to the south are used mainly for low
density residential land uses.
The property is designated Arterial Commercial Corridor in the 1994 Official Plan, since the Commercial
land use policies of the 2014 Official Plan are under appeal. The property is zoned Arterial Commercial
(C-6), with Special Use Provision 3U (permits certain types of manufacturing uses), in Zoning By-law 85-
1. Planning staff visited the property on February 20, 2019.
The C-6 Zone restricts single convenience retail outlets to a maximum of 225.0 square metres. However,
Dutchie's, a convenience retail outlet, recently moved into the building, with a gross leasable commercial
space of 572 square metres. The purpose of the application is to legalize the increased size of this
convenience retail outlet. Additionally, to "clean up" the site / zoning, the applicant is seeking to legalize
existing landscape strip and drive aisle setback deficiencies.
Accordingly, via the subject Minor Variance Application, the owner is requesting relief from the following
sections of the Zoning By-law:
1. Section 12.2.1 of the Zoning By-law to allow the Maximum Gross Leasable Commercial Space for a
convenience commercial retail outlet to be 572 square metres, rather than the required maximum of
225.0 square metres,
2. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 1.5 metre wide landscape strip adjacent to the
Bruce Street street line, rather than the required 3.0 metre landscape strip,
3. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 2.0 metre wide landscape strip adjacent to the
Victoria Street street line, rather than the required 3.0 metre landscape strip, and
4. Section 6.1.1.1a)iv) of the Zoning By-law to allow aisles giving direct access to abutting parking
spaces to be located less than 3.0 metres from the street line, rather than the required minimum of
3.0 metres (Bruce Street and Victoria Street).
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.
Requested Variance 1:
General Intent and Purpose of Zoning By-law and Official Plan Test
The purpose of the 225.0 square metre maximum on convenience commercial use is to preserve floor
area in C-6 zoned areas for service commercial type uses, and to allow small scale convenience
commercial use. However, it should be noted that the 1994 Official Plan and the 2014 Official Plan do
not speak to this limitation. On the contrary, the Arterial Commercial Corridor policies of the 1994 Official
Plan state that "...convenience commercial and personal services shall be permitted." Additionally, the
under appeal Commercial policies of the 2014 Official Plan state that retail is permitted within Urban
Corridors (Policy 15.D.5.17.). Variance 1 meets the general intent and purpose of the Zoning By-law and
Official Plan.
"Minor" Test
Variance 1 is minor in that it does not cause unacceptably adverse impacts on adjacent properties. The
increase in gross leasable commercial space for convenience commercial use is ostensibly significant due
to the proportional numerical increase. However, there will be no negative impact on adjacent properties.
Desirability for Appropriate Development or Use Test
Variance 1 is desirable for the appropriate use of the building because it will allow a convenience retail use
that will serve the nearby low density residential lands to the south, Highway 7 users, as well as those
travelling along the Victoria Street Urban Corridor (as identified in the Urban Structure of the 2014 Official
Plan).
Reauested Variances 2 throuah 4:
General Intent and Purpose of Zoning By-law and Official Plan Test
The purpose of the landscape strip and drive aisle setback regulations is to ensure an aesthetically
pleasing streetscape and ensure safe on-site vehicular circulation. Policy 11.C.1.30. of the 2014 Official
Plan states, "The City will, through the Site Plan Control process: b) ensure safe, comfortable and
functional on and off site circulation for all modes of transportation .... d) provide landscaping which
enhances each building or project as well as the streetscape".
It should be noted that the approved Site Plan for this property which dates to 2001 shows landscape
strips (Bruce St: approx. 1.8 metres wide; Victoria St: approx. 2.5 metres wide) and drive aisle setbacks
that do not comply with the current regulations. The current landscape strips and drive aisle setbacks
have existed in a similar form since the construction of the building in the 1970s. Variances 2 through 4
meet the general intent of the Official Plan and Zoning By-law.
"Minor" Test
Variances 2 through 4 are minor since they do not cause unacceptably adverse impacts on adjacent
properties. Transportation Services staff has indicated that there are no concerns with the requested
variances. Planning staff advises that the landscape strips and drive aisle setbacks have existed without
issue for many years.
Desirability for Appropriate Development or Use Test
Variances 2 through 4 are desirable for the appropriate use of the building because they will facilitate a
convenience retail use that will serve the nearby low density residential lands to the south, Highway 7 users,
as well as those travelling along the Victoria Street Urban Corridor (as identified in the Urban Structure of
the 2014 Official Plan).
Summarized Recommendation
Based on the foregoing, Planning staff recommends that this application be approved subject to the
conditions outlined below, in the Recommendation section of this report.
Heritage Planning Comments:
No concerns.
Environmental Planning Comments:
No concerns.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services has no concerns with the proposed application.
Engineering Comments:
No concerns.
Regional Municipality of Waterloo Comments:
No Concerns.
RECOMMENDATION
That Minor Variance Application A2019-025, requesting relief from the following sections of the Zoning
By-law:
1. Section 12.2.1 of the Zoning By-law to allow the Maximum Gross Leasable Commercial Space for a
convenience commercial retail outlet to be 572 square metres, rather than the required maximum of
225.0 square metres,
2. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 1.5 metre wide landscape strip adjacent to the
Bruce Street street line, rather than the required 3.0 metre landscape strip,
3. Section 6.1.1.1a)iv) of the Zoning By-law to allow a 2.0 metre wide landscape strip adjacent to the
Victoria Street North street line, rather than the required 3.0 metre landscape strip, and
4. Section 6.1.1.1a)iv) of the Zoning By-law to allow aisles giving direct access to abutting parking
spaces to be located less than 3.0 metres from the street line, rather than the required minimum of
3.0 metres,
be approved, subject to the following conditions:
1. That the owner apply for and obtain an Occupancy Certificate for the new convenience
commercial space (Dutchie's Fresh Market), and
2. That Condition 1 be completed prior to March 19, 2020. 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 this condition will result in this approval becoming null
and void.
Andrew Pinnell, MCIP, RPP Juliane von Westerholt, MCIP, RPP
Planner Senior Planner
Region of Waterloo
February 27, 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, Sth 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.: D17-40/VAR KIT GEN
/58 KIT, Gary Bromberg (2)
Re: Committee of Adjustment Meeting on March 19, 2019, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have following comments:
1.
SG 2019-005
— 1275 Bleams Road — No Concerns.
2.
SG 2019-006
— 1415 Huron Road — The plan shows the signs located just along
the property line.
It must be ensured by the proponent that the signs including
their foundation must be located entirely on private property.
3.
SG 2019-007
— 540 Bingemans Centre Drive — No Concerns.
4.
A 2019-018 —
396 Vanier Drive — No Concerns.
5.
A 2019-019 —
396 Vanier Drive — No Concerns.
6.
A 2019-020 —
604-656 King Street East — No Concerns.
7.
A 2019-021 —
859 Queen's Boulevard — No Concerns.
8.
A 2019-022 —
312 River Trail Avenue — No Concerns.
9.
A 2019-023 —
79, 83, 87 Scott Street; 66, 68, 82 Weber Street; and 15, 25, 29
Pearl Street—No Concerns.
10.
A 2019-024 —
51 Benton Street — No Concerns.
11.
A 2019-025 —
25 Bruce 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.
Document Number: 2944634
Page 1 of 2
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
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: March 8, 2019 YOUR FILE: See below
RE: Application for Minor Variance (Signs):
SG 2019-005 1275 Bleams Road
SG 2019-006 1415 Huron Road
SG 2019-007 540 Bingemans Centre Drive
Applications for Minor Variance:
A 2019-018
396 Vanier Drive
A 2019-019
396 Vanier Drive
A 2019-020
650-664 King Street East
A 2019-021
859 Queens Boulevard
A 2019-022
312 Rivertrail Avenue
A 2019-023
79-87 Scott Street, 66-82 Weber Street East &
A 2019-024
51 Benton Street
A 2019-025
25 Bruce Street
Applications for Consent:
B 2019-007 396 Vanier Drive
B 2019-008 50 & 52 Breckenridge Drive
B 2019-009 500 Karn Street
GRCA COMMENT*:
15-29 Pearl Place
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, CPT
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.