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Home My WebLink AboutDSD-2021-194 - A 2021-110 - 125 Seabrook DrREPORT TO:Committee of Adjustment DATE OF MEETING:October 19, 2021 SUBMITTED BY:Bateman, Brian,Senior Planner, 519-741-2200ext. 7869 PREPARED BY:Thompson, Lisa, Planning Technician, 519-741-2200 ext. 7847 WARD(S) INVOLVED:Ward5 DATE OF REPORT:October 6, 2021 REPORT NO.:DSD-2021-194 SUBJECT:Minor Variance Application A2021-110 125 Seabrook Drive Owner -2427101 Ontario Inc. (Ahmad Masri) Applicant -Rupa Idzik RECOMMENDATION: That application A 2021-110requesting permission to permit an Educational Establishment (commercial school) in an existing commercial plazazoned C-1 (331U) whereas the By-law does not permit educational establishment in the C-1 zone,be approved, subject to the following conditions: 1.That the use of Educational Establishment shall be permitted to occupy a maximum of122 square metres of the existing plazain the space identified as “Unit E”; and 2.That the applicant shall obtain a Zoning Occupancy Certificate prior to occupancy of the unit. 3. That the owner applies for an interior renovation permit to the satisfaction of the Chief Building Official. REPORT HIGHLIGHTS: Theapplicantis requestingpermission to permitthe use of “Educational Establishment” for a commercial school in an existing commercial plaza zoned C-1 (331U) whereas the By-law does not permit educational establishment in the C-1 zone. The subject property is located on the south-east leg of the roundabout at Fischer Hallman Road and Seabrook Drive. It is presently developed with a small commercial plazaand associated parking lot. There is additional vacant land on the site that has yet to be developed. BACKGROUND: The property is designatedasMixed Use 1in the City’s Official Planand identified as Corridor on the Rosenberg Secondary Plan -Community Structure Plan. The property is zoned asConvenience Commercial (C-1) in Zoning By-law 85-1with Special Use Provision 331U which prohibitsa gas bar use on the property. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Staff note that the C-1 zoning of the property is not in conformitywith the Official Plan Designation as this property has not been brought into the City’s new Zoning By-law 2019-051. Lands within the City’s Secondary Plan areas will be re-zoned in the near future at which time the zoning and official plan designation will be in conformity with one another. Staff visited the site on October 5,2021. Location Map REPORT: 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 Mixed Use 1in the City’s Official Planand classified as a Corridor in the Rosenberg Secondary Plan.Lands within theMixed Use 1 designation are generally intended to provide small-scale commercial uses at neighbourhood gateway locations supplemented with multiple residential and other non- residential uses. Permitted non-residential, neighbourhood-oriented usesincluderetail, office, financial establishments, personal services,restaurants,health related uses, studio,craftsman shop as well as Educational Establishments, day care, religious institutions,and museums up to 25% of amixed-use buildingor plaza. The proposed educational establishment isintended to occupyUnit Eof the existing plaza which has an area of 122square metreswhile the plaza has atotal area of 994square metres. The proposed use would occupy 12% of the building.With educational establishments listed as a permitted use and the scale of the proposed commercial school aligns with the neighbourhood-oriented uses, it is staff’s opinion that the variance meets the intent of the Official Plan. General Intent of the Zoning By-law The subject lands are zoned C-1 (331U)in By-law 85-1. This zone permits a variety of commercial uses including convenience retail, financial establishment, health office, personal services,and restaurant.It is important to note that this property has not been re-zoned to be in conformity with the City’s new Official Plan yet. Staff are of the opinion that a small educational establishment operating as a commercial school will maintain the intent of the zoning by-law as the use would be used similarly or less intensely than the other permitted uses. The proposed commercial school use would function more as an “office” type use rather thanhow a typical schoolwould operate.In consideration of the above noted information, staff are satisfied that the use maintains the general intent of the zoning by-law. Minor As the proposed educational establishment will only occupy 12%of building area(122 square metres)and the Official Plan permits the use up to 25% of the building’s floor area, staff is satisfied that the requested variance is minor. Appropriate Development The existing multi-tenant plaza is occupied by a variety of commercial useswhich has ample parking on site to support the usesalong with access to public transportation,staff consider the addition of 122 square metres of educational establishment as appropriate for the plaza. Based on the foregoing, Planning staff recommends that this application be approvedsubject to the conditions outlined in the Recommendation section of this report. Building Comments: The Building Division has no objections to the proposed variance provided building permit for the interior renovation to Unit E is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Transportation Comments: Transportation Services does not have any concerns with the proposed application. Engineering Comments: Engineering has no comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget –The recommendation has no impact on the Capital Budget. Operating Budget –The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM –This report has been posted to the City’s website with the agenda in advance of the Committee of Adjustmentmeeting.A notice sign was placed on the propertyadvising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City’s website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authoritiesrelated to this matter. October 07, 2021 Kristen Hilborn City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (5) VAR KIT/ 388 TO 400 KING STREET EAST MIXED USE DEVELOPMENT (8) /VAR KIT, 133 WELLINGTON STREET NORTH 1001235 ONTARIO LIMITED (10,11) /VAR KIT, 75 79 LOUISA STREET RANDALL MASYK (14) /VAR KIT 134 WOOLWICH STREET 124 WOOLWICH STREET JAMES & SUE ROBERTS (15)/52, 300 BRIDGE STREET EAST COLDPOINT HOLDINGS Dear Ms. Hilborn: Re: Committee of Adjustment Applications Meeting October 19, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-105 25 Courtland Avenue East No concerns to the application provided the parking spots/vehicles are located within the private property. Imagery shows that currently the vehicles are being parked just abutting the sidewalk. The staff note that this property abuts a high traffic Regional road, and is in close proximity of a high volume Regional road intersection. Therefore, it is strongly re manoeuvers safely without impacting the road traffic. Also, the owners must be advised that a dedicated widening of 4.0m approximately would be required on 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЌБЍЍЌЉВ tğŭĻ Њ ƚŅ Ќ any future development application(s) e.g. Site Plan, Consent. At such times in future, the parking spots would be impacted accordingly. 2) A 2021-106 37 Highland Road West The applicant is proposing an additional house at the back of the property. There are no concerns to this application. However, the owners are advised that a dedicated widening of 4.0m approximately would be required on any future development application(s) e.g. Site Plan, Consent. 3) A 2021-107 26-28 Ellen Street West No concerns. 4) A 2021-108 102 Fenwick Court No Concerns. 5) A 2021-109 388 King Street East No Concerns. 6) A 2021-110 125 Seabrook Drive No Concerns to the application. However, staff note that an education institution is considered as a noise sensitive land use and may have impacts from the environmental noise sources in the vicinity. 7) A 2021-111 52 Anvil Street No Concerns. 8) A 2021-112 135 Wellington Street North No Concerns. 9) A 2021-113 1421 Victoria Street North No Concerns. 10) A 2021-114 75 Louisa Street No Concerns. 11) A 2021-115 79 Louisa Street No Concerns. 12) A 2021-116 74 Rutherford Drive (Retained) No Concerns. 13) A 2021-117 74 Rutherford Drive (Severed) No Concerns. 14) A 2021-118 134 Woolwich Street No Concerns. 15) A 2021-119 300 Bridge Street East 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 2 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. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Dianna Saunderson CofA@Kitchener.ca 3 October 8, 2021 Sarah Goldrup Via email only City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Ms. Goldrup, Re:October 19,2021Committee of Adjustment Meeting ______________________________________________________________________ Applications for Minor Variance A 2021-10525 Courtland Avenue EastA 2021-11152 Anvil Street A 2021-10637 Highland Road WestA 2021-112135 Wellington Street North A 2021-10726-28 Ellen Street WestA 2021-11475 Louisa Street A 2021-108102 Fenwick CourtA 2021-11579 Louisa Street A 2021-109388 King Street EastA 2021-11674 Rutherford Drive A 2021-110125 Seabrook DriveA2021-11774 Rutherford Drive Application for Consent B 2021-04451 Nelson AvenueB 2021-050441 East Avenue B 2021-04535 Coral Crescent B 2021-051945 Victoria StreetNorth B 2021-04674 Admiral RoadB 2021-052961 Victoria StreetNorth B 2021-04781 Fifth AvenueB 2021-05375 & 79 Louisa Street B 2021-048441 East AvenueB 2021-05474 Rutherford Drive B 2021-049441 East Avenue The above-noted applications are located outside the Grand River Conservation Authority areasof 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 at 519-621-2763 ext. 2228 or aherreman@grandriver.ca. 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 Page 1of 1 the Grand River Conservation Authority.