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HomeMy WebLinkAboutDSD-2021-238 - A 2021-136 - 888 Trillium DriveStaff Report Dbvelo n7ent Services Department REPORT TO: Committee of Adjustment DATE OF MEETING: December 14, 2021 www. kitchener ca SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869 PREPARED BY: Schneider, Eric, Senior Planner, 519-741-2200 ext. 7843 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: December 3, 2021 REPORT NO.: DSD -2021-238 SUBJECT: Application A2021-136 888 Trillium Drive Owner- Scholars' Hall Inc. Applicant- Caitie Fitzpatrick, Witzel Dyce Engineering Inc. RECOMMENDATION: That application A2021-136 requesting permission to construct an addition expanding the legal non -conforming use of `Educational Establishment' having an increased Gross Floor Area (GFA) of 42% (2017.1 sq.m. GFA to 2869.94 sq.m. GFA) of the institutional building (AS AMENDED) be approved. REPORT HIGHLIGHTS: The applicant is requesting permission to expand a legal non -conforming use (educational establishment) by constructing an addition to an existing building. Location Map: 888 Trillium Drive *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. BACKGROUND: The subject property located at 888 Trillium Drive received site plan approval to construct an Educational Establishment in 2001. The building was constructed and established as a permitted use under Zoning By-law 85-1. Zoning By-law 19-051 came into effect on April 29, 2019. The use of "Educational Establishment" on the lands became legal non -conforming on that date as the new zoning designation (EMP -5) does not permit an educational establishment use. The subject property is designated as Business Park Employment City's Official Plan and identified as an Industrial Employment Area on the City's Urban Structure Map. The property is zoned as General Business Park Employment (EMP -5) in Zoning By-law 19-051 REPORT: Planning Comments: In considering Section 45(2) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offers the following comments: Section 45(2) of the Planning Act allows the Committee of Adjustment to grant permission for the enlargement or extension of a building or structure that is considered legal non -conforming. The site was designed to include a second phase expansion. The expansion is proposed to be within the boundaries of the subject site. Planning Staff have received a site plan application for the proposed expansion, which is currently under review. Planning Staff do not have any concerns with the proposed expansion of a legal non -conforming use on this site. In the opinion of staff, this request conforms to Section 17.E.20.9 of the City's Official Plan. City Planning staff conducted a site inspection of the property on December 2, 2021 View of Existing Educational Establishment (December 2, 2021) Building Comments: The Building Division has no objections to the proposed variance provided building permit for the addition to the school 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. Heritage Comments: No Heritage concerns. Environmental Comments: No Environmental Planning concerns. View of Proposed Area of Expansion (December 2, 2021) 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 Adjustment meeting. A notice signed was placed on the property advising 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: None. Region of Waterloo November 30, 2021 Kristen Hilborn City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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 (7) /06 HIGHLAND, 1572 HIGHLAND ROAD WEST 1863342 ONTARIO INCORPORATED (10) /55, 945 VICTORIA STREET NORTH PURELAND INVESTMENTS INCORPORATED (12)/04 URBAN, TRUSSLER NORTH SUBDIVISION 30T 08204 ACTIVA HOLDINGS OTTAWA TRUSSLER HWY 7 AND 8 (13)/06 BENTON, 120 BENTON STREET ARROW LOFTS INC (14, 15)/64, 45 TO 75 CHARLES STREET EAST HOUSE OF FRIENDSHIP (16, 17)/VAR KIT, 86 WHITNEY PLACE VLAD KNEZEVIC Subject: Committee of Adjustment Meeting November 16, 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2021-120 — 12 Hilda Place — No Concerns. 2) A 2021-130 — 878 Frederick Street —No concerns. 3) A 2021-131 — 95 Maitland Street — No Concerns. 4) A 2021-132 — 26 Monteagle Crescent — No Concerns. 5) A 2021-133 — 12 East Landsowne — No Concerns. 6) A 2021-134 — 715 Frederick Street — No Concerns. 7) A 2021-135 — 1572 Highland Road West — No Concerns. Document Number: 3887462 Page 1 of 2 8) A 2021-136 — 888 Trillium Drive — No Concerns. 9) A 2021-137 — 29 Hurst Avenue — No Concerns. 10)A 2021-138 — 945 Victoria Street North — No Concerns. 11)A 2021-139 — 938 Strasburg Road — No Concerns. 12)A 2021-140 — 630 Benninger Road — No Concerns. 13)A 2021-141 — 120 Benton Street — No Concerns. 14)A 2021-142 — 47-63 Charles Street East — No Concerns. 15)A 2021-143 — 75 Charles Street East — No Concerns. 16)A 2021-144 — 86 Whitney Place (Retained) — No Concerns. 17)A 2021-145 — 86 Whitney Place (Severed) — 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. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Sarah Goldrup CofA(aMtchener.ca KA ,avid Rp,@� Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6 n w �- Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca 0 tion PLAN PLAN REVIEW REPORT: City of Kitchener Sarah Goldrup DATE: December 1, 2021 YOUR FILE: A2021-136 GRCA FILE: A2021-136 — 888 Trillium Drive RE: Application for Minor Variance A2021-136 888 Trillium Drive, City of Kitchener Scholars' Hill Inc. GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property contains an erosion hazard, an associated allowance, and the regulated allowance adjacent to a wetland. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: It is our understanding that the applicant is requesting an extension of the legal non- conforming use to facilitate a proposed addition to the building. GRCA staff have no objections to the intent of the application and we do not anticipate any impacts to the adjacent features as a result of this application. Due to the features noted above, a portion of the property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. The proposed addition and any future development within the regulated area 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. NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-136 - Pagel of 2 888 Trillium DriveW2021-136 - 888 Trillium Drive.docx Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River 3. Plan Review Fees: This application is considered a `minor' minor variance and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280.00. The applicant will be invoiced in the amount of $280.00 under separate cover. Should you have any questions or require further information, please do not hesitate to contact me at 519-621-2763 ext. 2228. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority cc: Scholars' Hill Inc. c/o Frederick Gore (via email only) Witzel Dyce Engineering Inc. c/o Caitie Fitzpatrick (via email only) N:\Resource Management Division\Resource Planning\Waterloo Region\KITCHENER\2021\Minor Variance\A2021-136 - Page 2 of 2 888 Trillium Drive\A2021-136 - 888 Trillium Drive.docx +T N (_ Z 0 N0 U Q- L �' OQ N �Q _ cje°�E4 �°a� ">12 - > Q (7 cLi L Q O Q d _ o E N - 2(9 c- = E Y t M MD (D o ° m (7 E -= 5 A o_ '0 3 v L i L r V N N a5 a5 (� a5 O J J> > Q E d Q Q U U O Q O O C 0 L w a) U E �- N N w - w '8 ` s 30. `w N U v - N O C N a) (7 O o E 0 m -° m N D- n D- C? 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