HomeMy WebLinkAboutDSD-19-241 - A 2019-110 - 334 Manitou Dr1
Staff Report
-Ki R Community Services Department www.krtchenerca
REPORT TO: Committee of Adjustment
DATE OF MEETING: October 15, 2019
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: 3
DATE OF REPORT: October 9, 2019
REPORT #: DSD -19-241
SUBJECT: A 2019-110 — 334 Manitou Drive
Applicant — Willy Hoover
Owner — Grandridge Properties Inc (George Mouradian)
Approve with Conditions
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Planning Comments:
The property is zoned M-4, 34U in By-law 85-1 and EMP -2 in By-law 2019-051 and is designated as
Heavy Industrial Employment in the Official Plan. Staff visited the site on September 26, 2019.
The applicant is requesting permission to permit a fitness centre with a maximum gross floor area of 200
square metres in a multi -tenant building without being accessory to a permitted use, whereas the By-law
2019-051 requires a fitness centre to be an accessory use to a permitted use.
Staff notes that a variance is not required under By-law 85-1. An application for the minor variance is
required to vary By-law 2019-051 which is currently under appeal. This is to ensure that the use
permitted under 85-1 will continue to be permitted and will not be legal non -conforming once 2019-051
is in effect.
Multi -tenanted industrial building
Planning Comments:
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.
General Intent of the Official Plan
The property is designated Heavy Industrial Employment in the City's Official Plan. Section 15.D.6.25 states
that in addition to heavy industrial uses, a variety of industrial uses typically found in the General Industrial
Employment areas may also be permitted provided they are not incompatible with heavy industrial activities.
Further, Section 15.D.6.18 (General Industrial Employment) permits a number of accessory or ancillary uses
that support the primary function of the designation. This includes uses such as restaurants, fitness centres
and day care facilities which will be permitted provided they are located within a building containing at least
one primary permitted industrial employment use; the individual unit does not exceed 1,500 square metres
of gross floor area and they will not conflict or interfere with the satisfactory operation or development of the
lands for industrial employment purposes.
The proposed fitness centre will occupy approximately 200 square metres in a building with a gross floor
area of 2,234 square metres. The primary uses of the building include a warehouse, tradesman or
contractor's establishment and building material sales with accessory office use(s). The proposed fitness
centre will occupy less than 10% of the building area and staff is of the opinion that it will not conflict with the
development of the industrial employment uses already on the site and can be considered to meet the
general intent of the Official Plan by being accessory to the primary uses already established in the building.
General Intent of the Zoning By-law
The subject lands are zoned M-4, 34U, in By-law 85-1. This zone permits the proposed fitness centre as a
`private club' (defined as a building, or part thereof, used for social, literary, cultural, political, education or
recreational purposes which is operated for the exclusive use of members and their guests). The proposed
use under By-law 85-1 is permitted and meets all regulations of that by-law, including the parking
requirement, and therefore a variance to 85-1 is not required.
However, the subject lands are also zoned EMP -2 in By-law 2019-051 (under appeal). The EMP -2 zone
permits a `fitness centre' only if it is an accessory use to at least one permitted use listed in the EM P-2 section
and provided that it does not exceed 1,500 square metres gross floor area. As the applicant is proposing a
fitness centre as a primary use that is not accessory to another use, a variance to 2019-051 is required. The
intent of the regulation is to ensure that a fitness centre is not the primary use on the property and that is
does not negatively impact the industrial uses on the site. As the area of the business is less than 10% of
the total floor area, and other permitted uses that are primary to the building exist, staff is of the opinion that
the proposed variance meets the general intent of the Zoning By-law.
Minor
As noted above, under By-law 2019-051, the proposed use of a fitness centre meets the general intent of
by-law in that it is accessory to the building and therefore to other uses already existing in the building and
it will occupy a small portion of the overall building floor area. It will not negatively impact the existing
industrial uses already established in the building. Consequently, staff is of the opinion that the requested
variance is minor.
Appropriate Development
As noted above, the proposed use of one unit in this multi -tenant building can be considered as though it
were accessory to the industrial uses of the entire building. It will not impact the general industrial uses
already existing or any future industrial uses that occupy the building, nor impact any uses on abutting
properties. Therefore, staff is of the opinion that the variance is appropriate for the development of the
property and surrounding streetscape.
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.
Building Comments: The Building Division has no objections to the proposed variance provided a building
permit for the renovation to the commercial building 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 this application.
Engineering Comments: No comments.
Heritage Planning Comments: No comments.
Environmental Planning Comments: No concerns.
RECOMMENDATION:
That application A 2019-110 requesting permission under Section 10.2 — Table 10-1 (EMP -2) to
permit a fitness centre with a maximum gross floor area of 200 square metres in a multi -tenant
building without being accessory to a permitted use whereas the By-law 2019-051 requires a
fitness centre to be an accessory use to a permitted use, be approved, subject to the following
conditions:
1) That the minor variance shall become effective only at such time as Zoning By-law
2019-51 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990,
c. P 13, as amended, and the variance shall be deemed to have come into force as of
the date of this decision; and,
2) That a Zoning (Occupancy) Certificate is submitted to the Planning Division.
Sheryl Rice Menezes, CPT
Planning Technician (Zoning)
Juliane von Westerholt, BES, MCIP, RPP
Senior Planner
Region of Waterloo
September 26, 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 October 15, 2019, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1. A 2019-106 — 78 Castlebay Street— No Concerns.
2. A 2019-107 — 38 Gordon Avenue — No Concerns.
3. A 2019-108 — 41 Moore Avenue — No Concerns.
4. A 2019-109 — 26 Baird Avenue — No Concerns.
5. A 2019-110 — 330 Manitou Drive Unit C — 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,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Document Number: 3115951
Page 1 of 1
400 Clyde Road, P.O. Box 729
Grand River Conservation Authority Cambridge, Ontario N1 R 5W6
Resource Management Division Phone: (519) 621-2761 ext. 2228
Andrew Herreman, Resource Planning Fax: (519) 621-4945
Technician E-mail: a herrema n@g rand river. ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: October 7, 2019 YOUR FILE: A 2019-110
GRCA FILE: A2019-110 — 334 Manitou Drive, Unit C
RE: Minor Variance Application A 2019-110
334 Manitou Drive, Unit C, City of Kitchener
George Mouradian
GRCA COMMENT*:
The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor
variance application. Please see our detailed comments below.
BACKGROUND:
1. Resource Issues:
Information currently available at this office indicates that the subject lands contain erosion
hazards, a wetland, and the regulated allowance adjacent to these features. A copy of our
resource mapping is attached.
2. Legislative/Policy Requirements and Implications:
The minor variance application is requesting permission to allow a fitness centre within a
multi -tenant building without being an accessory to a permitted use. Based on a discussion
with the applicant, it is our understanding that no changes to the exterior of the building or
parking lot are proposed as a result of this application. As such, the GRCA has no objection
to the proposed minor variance application.
Due to the presence of the above -noted features, a majority of the subject property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation.
Any future development on the subject lands will require the prior issuance of a permit
pursuant to Ontario Regulation 150/06. The permit process involves the submission of a
permit application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA.
3. Plan Review Fees:
This application is a `minor' minor variance application and the applicable plan review fee is
$270.00. With a copy of this correspondence, the applicant will be invoiced in the amount of
$270.00.
N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCHENER\2019\Minor Vadance\A2019-110 Pagel of 2
334 Manitou DriveVQ019-110 - 334 Manitou Drive, Unit C.docx
* 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,
a
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Encl.
cc: George Mouradian — 334 Manitou Drive, Unit A, Kitchener, ON N2C 1 L3
N:\Resource Management Division\Resource Planning\Waterloo Reg ion\KITCH ENER\201 9\Minor Variance1H2019-110 Page 2 of 2
334 Manitou Drive\A2019-110 - 334 Manitou Drive, Unit C.docx
• These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand
River Conservation Authority
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