Loading...
HomeMy WebLinkAboutDSD-20-013 - A 2020-003 - 5 Manitou DrStaff Report wR Development Services Department wwwkltchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: January 21, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Garett Stevenson, Senior Planner — 519-741-2200 ext. 7070 WARD: 3 DATE OF REPORT: January 10, 2020 REPORT NUMBER: DSD -20-013 SUBJECT: Application A2020-003 5 Manitou Drive Owner — 5 Manitou Drive Inc. Applicant — Scott Patterson, Patterson Planning Consultants Inc. Approve, with conditions t errs rr - •� '�,ri� ��� _ � row - at..AS e ` - ►n t ext - 1� r r 7115,�, Ft� ;, Subject Property Report: The property is currently development with a commercial building containing multiple commercial units. The applicant has requested relief from Section 13A.2 of the zoning by-law to permit no minimum gross floor area devoted to retail uses, whereas a minimum gross floor area of 1500 square metres is required for an individual outlet. The application also seeks to add "Dwelling Unit" as a Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca permitted use in a mixed use building which contains at least one other non-residential use, and such dwelling unit would not be permitted on the ground floor, and the total floor area for all dwelling units shall not exceed a FSR of 2.0. A site inspection was conducted on January 10, 2020. Existing Building: 5 Manitou Drive Planning Comments: The property is identified as an Urban Corridor Intensification Area and designated as Commercial in the Official Plan. The lands are currently zoned as Commercial Campus Zone (C-8) with Special Regulation 297R (permits certain commercial uses to have a floor space of up to 5,550 square metres) and Special Use Provision 112U (permits two additional uses being Convenience Retail and Personal Services). 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. General Intent of the Official Plan Urban Corridors are generally linear in form and are located along existing or planned transit corridors. They are intended to have strong pedestrian linkages and be integrated with neighbouring residential and employment uses. The planned function of Urban Corridors is to provide for a range of retail and commercial uses and intensification opportunities that should be transit -supportive. Urban Corridors function as the spine of a community as well as a destination for surrounding neighbourhoods. Lands designated as Commercial are intended to provide for a range of retail and service commercial uses that cater primarily to the weekly and daily needs of residents within the surrounding neighbourhoods. Permitted uses on lands designated Commercial and identified as an Urban Corridor may include dwelling units, where appropriate, provided that they are located in the same building as compatible commercial uses and are not located on the ground floor. The total maximum Floor Space Ratio for the dwelling unit portion of a building is 2.0. Staff Report Development Services Department K"'""' NFR wwwki tchenr. ca The application also seeks to add "Dwelling Unit" as a permitted use in a mixed use building which contains at least one other non-residential use, and such dwelling unit would not be permitted on the ground floor, and the total floor area for all dwelling units shall not exceed a FSR of 2.0. The requested variances meet the general intent of the Official Plan. The Official Plan policies for this property, approved in 2014, have changed and are not reflected in the current zoning regulations that apply to this property. Official Plan policies applicable to these lands state that individual retail outlets, including food store outlets, will have no gross floor area restrictions. Additionally, dwelling units are now a permitted use in the Official Plan for these lands. For these reasons, Planning Staff is of the opinion that the general intent of the Official Plan is maintained. 2. General Intent of the Zoning By-law The intent of the minimum floor area for retail uses is to require the property to be used for retail uses, including larger retail uses. Existing uses on the property include smaller commercial and office uses that have an accessory retail component. There are also existing retail uses. Collectively, all of the existing uses, including retail and commercial and office uses with an accessory retail component, make up a large portion of the uses on the property. While there is not a single large retail use, combined there is a large portion of the building that is used for retail uses. The requested variance would permit smaller retail uses that are a similar scale to other uses on the property. Planning Staff is also of the opinion that the requested minor variance meets the general intent of the Zoning By-law. The floor space limitations and permitted uses (excluding residential uses) in the Commercial Campus Zone (C-8) were applied to properties prior to the 2014 Official Plan, which now includes a new Urban Structure which provides guidance on growth management and structure for the City's Urban Area. With the new direction on growth management in the Official Plan, retail and commercial floor area regulations are no longer applied in Zoning By-law 2019-051 (CRoZBy) for lands designated as Commercial within the Urban Corridor intensification area. However, the subject lands are not regulated by CRoZBy as they are adjacent to the Block Line and Fairway stations areas and will be further reviewed as part of a future station area planning exercise. As such, the current zoning of the property does not align with the Official Plan approved in 2014. In other locations in the City, outside of station area plan areas, lands that are identified as an Urban Corridor intensification area and designated as Commercial in the Official Plan, were zoned as General Commercial (COM -2) in CRoZBy. The requested variances align with the permitted uses and regulation in the new COM -2 zone, which will likely apply to these lands once they are rezoned. 3. Is the Variance Minor? The requested variances would permit new commercial uses and also allow for residential uses in mixed use buildings which are not on the ground floor, with a maximum residential FSR of 2.0. Planning Staff is of the opinion that the requested minor variances are minor and will permit the implementation of the 2014 Official Plan in advance of the full completion of the CRoZBy and station area planning projects. Staff Report Development Services Department 4. Is the Variance Appropriate? K"'""' NFR wwwki tchenr. ca Mixed use buildings, with a residential component, align with the planned function for the lands and Planning Staff is of the opinion that the variances are appropriate as they will help implement the long-term vision for these lands. Building Comments: The Building Division has no objections to the proposed variance. Transportation Comments: Transportation Services has no concerns with the proposed application. Heritage Comments: Heritage Planning staff has reviewed the minor variance application and has no concerns. Engineering Comments: Engineering staff has no objections to the proposed variance. Engineering requirements will be satisfied through a future site plan approval process. Operations Comments: Operations staff has no objections to the proposed variances. Parkland dedication will be satisfied through the site plan approval process. Environmental Planning Comments: Environmental Planning staff has no objections to the proposed variance. RECOMMENDATION: I. That Application A2020-003, requesting relief from Section 13A.2 of the zoning by- law to permit no minimum gross floor area devoted to retail uses, whereas a minimum gross floor area of 1500 square metres is required for an individual outlet, be approved. II. That Application A2020-003, seeking to add "Dwelling Unit" as a permitted use, be approved subject to the following: A dwelling unit is permitted only within a mixed use building containing at least one other non-residential use, ii. A dwelling unit is not permitted on the ground floor of a building, and iii. The total maximum floor area for all dwelling units shall not exceed a FSR of 2.0. Garett Stevenson, B.E.S., MCIP, RPP Juliane von Westerholt, B.E.S., MCIP, RPP Senior Planner Senior Planner Region of Waterloo January 03, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: File No.: D20-20/ VAR KIT GEN 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 Re: Committee of Adjustment Meeting on January 21, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-001 — 618 King Street West — No Concerns. 2) A 2020-002 — 149 Roxborough Avenue — No Concerns. However, the owner is advised that a future development application for the above property may require the dedication of a 7.62 metre daylight triangle at the northeast corner of the property. 3) A 2020-003 — 5 Manitou Drive — No Concerns. However, the owner is advised that a dwelling located within the property boundaries of the stationary source is not considered as a noise sensitive land use for the purposes of this application. 4) A 2020-004 — 30 Saddlebrook Court — No Concerns. 5) A 2020-005 — 196 grand Flats Trail — No Concerns. 6) A 2020-006 — 95 Crosswinds Drive — No Concerns. 7) A 2020-007 — 78 Valleybrook Drive — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the 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 above. If a site is subject to more than one application, additional comments may apply. Document Number: 3186251 Page 1 of 2 Please forward any decision on the above mentioned application to the undersigned. Yours Truly, p� �-7- ` Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Andrew Herreman, Resource Planning Phone: (519) 621-2761 ext. 2228 Technician E-mail: aherreman@grand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: January 7, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2019-103 581 Strasburg Road A 2019-108 41 Moore Avenue A 2020-001 618 King Street West A 2020-002 149 Roxborough Avenue A 2020-003 5 Manitou Drive A 2020-004 30 Saddlebrook Court A 2020-005 196 Grand Flats Trail A 2020-006 95 Crosswinds Drive A 2020-007 78 Valleybrook Drive 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 Page 1 of 1 and mandate of the Grand River Conservation Authority.