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Home My WebLink AboutDSD-19-077 - A 2019-026 - 607 Victoria St NStaff Report AaR Development Services Department www.kitchenerea REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2019 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 Ext. 7157 PREPARED BY: Lisa Thompson, Planning Technician 519-741-2200 Ext. 7847 WARD: 10 DATE OF REPORT: April 5, 2019 REPORT #: DSD -19-077 SUBJECT: A2019-026 — 607 Victoria Street North Applicant — Mudassar Khan & Eddie Partito Approve OnPoint Image — 607 Victoria Street North REPORT Planning Comments: City Planning staff conducted a site inspection of the property on April 4, 2019. The subject property is located at the intersection of Victoria Street North and Edna Street and is presently vacant. The former gas station on the property has been demolished. The Official Plan designates the property is Arterial Commercial Corridor and the property is zoned Arterial Commercial Zone (C-6) in By-law 85-1. The applicant has received Site Plan Approval in Principle to redevelop the site with a convenience retail store and gas bar subject to approval of the required minor variances. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance In order to achieve the City's objective for pedestrian friendly development and active streets, the building has been located close to the street at the intersection of Victoria Street North and Edna Street necessitating a minor variance for the front yard setback and side yard abutting a street setback. lff� SITE STATISTICS dmlo4-�IGS OM ImhB-C7 (W BW CofRR(glatlan• A2tl19LC9 W Nes-182fm' ®dldry ConiaBa-110m'(97'k} Lmaac.�ped Brea-Msm� i13.5`dj Mien 1 Heb Sufars Pres. 1254N [TP.] PrYJng ReW 6e615P® C.rrcnlmav RCall IIed:12IXn� = C ipJY6 :=11•�f.r l.I- .. a.l . tl I.I�::rclma-2Amaa5R I, r COMM—.CIS,. T�IaIGvs: FLS. -a �. pnd�h9meB.vrl•.,. SITE PLAN Myr SITE PLAN APPLICATION : SP181015MLT scare}:am PART OF LOT 52, REGISTERED PLAN 763 SUNCOR ENERGY INC. City of Kitchener RINENI =�13`II`; sNr=:a:l,uv:c 607 VICTORIA STREET NORTHDWROPMENTs_R`nEs)E W18E: IMRCH 8, �f8 Site Plan —Approved in Principle Through the site plan review process, two minor variances were identified in order to facilitate the proposed development: 1. Relief from Section 12.2.1 to allow a front yard setback of 3.0 metres rather than the required 6.0 metres; and 2. Relief from Section 12.2.1 to allow a side yard abutting a street of 3.0 metres rather than the required 6.0 metres. Staff have worked with the applicant to achieve a functional site design and pedestrian friendly development. The convenience store building has been located closer to the intersection making it easily accessible from the municipal sidewalk and the gas pumps and parking have been located further away from the public realm. 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. 1. Does the proposal maintain the general intent and purpose of the Official Plan? The variances meet the general intent of the Official Plan for the following reason. The Arterial Commercial Corridor designation of the property supports locations for predominantly automobile oriented uses which are located on primary arterial roads. The proposed gas station and convenience store are in keeping with the designation of the property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance 2. Does the proposal maintain the general intent and purpose of the Zoning By-law? The variances meet the general intent of the Zoning By-law for the following reasons. The Arterial Commercial zone (C-6) permits the use of the property for a gas station and convenience retail use. The 6.0 metres setback is to ensure adequate separation from public streets and to provide space for landscaping. The reduction in setback to 3.0 metres coupled with a large Regional Road right-of-way will give the appearance of a greater setback and still allows for the required landscape buffer on the property. 3. Is the proposal desirable for the appropriate development or use of the land? The variances are appropriate for the development and use of the land for the following reasons. Both the City's Official Plan and Zoning By-law permit the use of the property for a gas station and convenience retail use. The design of the site supports the City's goal of creating more pedestrian friendly environments and creates an active street edge. 4. Is the proposal minor? The variances are minor for the following reasons. The reduced setback of 3.0 metres rather than the required 6.0 metres will maintain adequate separation from the public streets and allow for landscaping around the perimeter of the site. The reduced setback will not impact any adjacent property. Creating a more pedestrian accessible development is preferable in such a highly auto oriented area. The building being located closer to the street will allow for better vehicular access to and from the site as well as creating a functional fire route and fuel truck delivery route. Based on the foregoing, Planning staff recommends that the application be approved subject to the condition outlined below in the Recommendation section of this report. Building Comments: No concerns. Transportation Services Comments: No concerns. Engineering Comments: No concerns. Heritage Comments: No Concerns. RECOMMENDATION That application A2019-026 requesting relief from Section 12.2.1 to allow a front yard setback of 3.0 metres rather than the required 6.0 metres and a side yard abutting a street of 3.0 metres rather than the required 6.0 metres be approved subject to the following condition: 1. The owner shall receive final approval of Site Plan Application SP19/015N/LT. Lisa Thomspon, CPT Planning Technician Juliane von Westerholt, BES, MCIP, RPP Senior Planner *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance Region of Waterloo April 02, 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.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. SG 2019-008 — 72 Wilson Road — No Concerns. 2. A 2019-026 — 607 Victoria Street North — No Concerns. 3. A 2019-027 — 151 Wentworth Avenue — No Concerns. 4. A 2019-028 — 151 Wentworth Avenue — No Concerns. 5. A 2019-029 — 150 Eaglecrest Street — No Concerns. 6. A 2019-030 — 176 Woolwich street — No Concerns. 7. A 2019-031 — 24 Gaukel Street—No Concerns. 8. A 2019-032 — 262-286 Kingswood Drive — No Concerns. 9. A 2019-033 — 306 Field Sparrow Crescent — No Concerns. 10.A 2019-034 — 188 Redtail Street — No Concerns. 11.A 2019-035 — 186 Kent Avenue — No Concerns. 12.A 2019-036 — 2960 Kingsway Drive — No Concerns. 13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns. 14.A 2019-038 — 128 Mill 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: 2976564 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: April 8, 2019 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-024 51 Benton Street A 2019-026 607 Victoria Street North A 2019-027 151 Wentworth Avenue A 2019-028 151 Westworth Avenue A 2019-029 150 Eaglecrest Street A 2019-031 24 Gaukel Street A 2019-032 262-286 Kingswood Drive A 2019-033 306 Field Sparrow Crescent A 2019-034 188 Redtail Street A 2019-036 2960 Kingsway Drive A 2019-037 Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201) A 2019-038 128 Mill Street Applications for Consent: B 2019-005 151 Wentworth Avenue B 2019-006 151 Wentworth Avenue B 2019-011 75 Tillsley Drive B 2019-012 53 Lichty Crescent B 2019-013 118 Doon Valley Drive B 2019-014 128 Mill Street 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, 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.