HomeMy WebLinkAboutDSD-2022-047 - A 2022-007 - 110 Manitou Drive
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 18, 2022
SUBMITTED BY: Bateman, Brian, Senior Planner, 519-741-2200 ext. 7869
PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning)
519-741-2200 ext. 7844
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: January 12, 2022
REPORT NO.: DSD-2022-047
SUBJECT: Minor Variance Application A2021-007
110 Manitou Drive
Owner B3 Group Inc
Agent Patterson Planning Consultants Inc
RECOMMENDATION:
That application A2022-007 requesting permission to add the use for accessory retail sales,
to a warehouse use, to occupy a gross floor area of 22% (130 sq.m.) of the proposed unit in
a multi-tenanted building, be permitted, subject to the following conditions:
1) That a Zoning (Occupancy) Certificate is submitted to the Planning division,
2) That the accessory retail use be for the proposed car parts warehouse tenant,
3) That a Site Plan application be approved by the Planning division,
4) That the conditions noted above be completed by July 1, 2022. Any request for a time
extension must be approved in writing by the Manager of Development Review (or
designate) prior to completion date set out in this decision. Failure to complete the
condition will result in this approval becoming null and void.
BACKGROUND:
The property is designated as General Industrial Employment Official Plan and identified
as Industrial Employment Area Map.
The property is zoned as EMP-2 in Zoning By-law 2019-051.
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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 intent of the designation is to limit retail and accessory retail in industrial employment areas.
-2 zone, staff are of the opinion that
the proposed 130 sq.m of accessory retail use to a car parts sales warehouse use meets the intent of
the Official plan policies (15.D.6.18) and the primary function of the industrial use of the building can be
maintained in this industrial employment area.
General Intent of the Zoning By-law
The intent of the regulation to not permit accessory retail in the EMP-2 zone is to ensure that the main
use is industrial employment. The proposed accessory retail use is limited to 22% (130 sq.m) of a car
parts warehouse. This is one tenant in a multi-tenant building. The entire floor area of the building is
approximately 1,400 sq.m. Therefore, the proposed accessory retail use is approximately 9% of the
entire building. Staff are of the opinion that the intent of the by-law is being met.
View from Manitou Drive
Is the Variance Minor?
As noted above, the proposed accessory retail use is approximately 9% of the entire building and can
staff are of the opinion that the application is minor.
Is the Variance Appropriate?
Provided the accessory retail is limited to 130 sq.m. and the public are only permitted in this area; staff
are of the opinion that the variance is appropriate for the subject property and surrounding lands.
Staff note that the site plan on file is from 1983 (SPR 83/57/01) and does not show the current use
of the outdoor parking area which has since been divided into a parking area and outdoor storage
for storage containers (see photo below). As it is unknown how many legal-size spaces currently
exist, staff are recommending that an updated Site Plan be submitted.
View of parking area and outdoor storage containers
Building Comments: The Building Division has no objections to the proposed variance.
Transportation Comments: Transportation Services does not have any concerns with the
proposed application.
Heritage Comments: No concerns.
Engineering Comments: No comments.
Environmental Planning Comments: No concerns.
Region of Waterloo: No concerns. The owners are made aware that a dedicated road widening
of approximately 2.13 metres will be required along enter property frontage along Manitou Drive for
any future development application, e.g., Site Plan/consent application.
Grand River Conservation Authority: No objections.
STRATEGIC PLAN ALIGNMENT:
This report supports the delivery of core services.
FINANCIAL IMPLICATIONS:
Capital BudgetThe recommendation has no impact on the Capital Budget.
Operating Budget The recommendation has no impact on the Operating Budget.
COMMUNITY ENGAGEMENT:
INFORM
Committee of Adjustment meeting. A notice sign was placed on the property advising that a
Committee of Adjustment application has been received. The sign advises interested parties to find
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
There are no previous reports/authorities related to this matter.
January 05, 2022
Kristen Hilborn
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / VAR KIT, DESTARON PROPERTY MANAGEMENT
21-41PIONEER DRIVE 85 GREEN VALLEY DRIVE
ONTARIO INCORPORATED
(2) /08 WEBER KIT, 82 WEBER STREET WEST INTER
BUILDING INVESTMENTS LIMITED
(7)/69, 110 MANITOU DRIVE SCOTT PATTERSON
Subject: Committee of Adjustment Meeting January 18, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have following comments:
1) A 2022 - 001 85 Green Valley Drive No Concerns.
2) A 2022-002 79-87 Scott Street and 66-82 Weber Street East
and 12-29 Pearl Place No concerns.
3) A 2022 - 003 53 Margaret Avenue No Concerns.
4) A 2022 - 004 470 Blair Creek Drive No Concerns.
5) A 2022 - 005 86 Chestnut Street No Concerns.
6) A 2022 - 006 49 Lower Mercer Street No Concerns.
7) A 2022 - 007 110 Manitou Drive No Concerns to the proposed minor variance.
The owners are made aware that a dedicated road widening of approximately
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2.13m will be required along entire property frontage along Manitou Drive for any
future development application e.g. a Site Plan/Consent application stage.
8) A 2022 - 008 210 Waterloo Street No Concerns to the minor variance.
9) A 2022 - 009 764 Stirling Avenue South No Concerns.
10) A 2022 - 010 129 Max Becker Drive No Concerns.
11) A 2022 - 011 43 Maurice Street 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@Kitchener.ca
2
PLAN REVIEW REPORT: City of Kitchener
Sarah Goldrup, Committee Administrator
DATE:January 6, 2022 YOUR FILE:A2022-007
GRCA FILE:A2022-007 – 110 Manitou Drive
RE: Application for Minor Variance A2022-007
110 Manitou Drive, City of Kitchener
B3 Group Inc./Patterson Planning Consultants 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 slope erosion hazard and valleyslope and the associated regulated
allowances. The subject property also contains regulated allowances to floodplain
and wetland located just east of the subject property.
2. Legislative/Policy Requirements and Implications:
Due to the resource 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. 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.
The minor variance application proposes to allow a portion of floor area in the
existing building to be used for accessory retail whereas the permitted use is
industrial. The application does not propose any changes to the existing buildings or
structures. As such, GRCA staff do not anticipate any negative impacts related to
the above-noted regulated features as a result of this application.
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3. Plan Review Fees:
This application is considered a ‘minor’ minor variance. Inaccordance with the
GRCA’s 2022Plan Review Fee Schedule, the applicable fee is $290.00. The
applicant will be invoiced in the amount of $290.00 under separate cover.
Should you have any questions or require further information, please contact Jessica
Conroy, Planning Technician, at jconroy@grandriver.ca or 519-621-2763 ext. 2230.
Sincerely,
Melissa Larion, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
ML/jc
Encl.
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority
cc:B3 Group Inc.c/o Elliot Benoer (via email)
Patterson Planning Consultants Inc. c/o Scott J. Patterson (via email)
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Grand River
Conservation Authority
Date: Dec 29, 2021
Author: JC
A2022-007
110 Manitou Drive, Kitchener
Legend
Regulation Limit (GRCA)
Regulated Watercourse (GRCA)
Regulated Waterbody (GRCA)
Wetland (GRCA)
Floodplain (GRCA)
Engineered
Estimated
Approximate
Special Policy Area
Slope Valley (GRCA)
Steep
Oversteep
Steep
Slope Erosion (GRCA)
Oversteep
Toe
Lake Erie Flood (GRCA)
Lake Erie Shoreline Reach (GRCA)
Lake Erie Dynamic Beach (GRCA)
Lake Erie Erosion (GRCA)
Parcel - Assessment (MPAC/MNRF)
This legend is static and may not fully reflect the
layers shown on the map. The text of Ontario
Regulation 150/06 supercedes the mapping as
represented by these layers.
Copyright Grand River Conservation Authority, 2021.
Disclaimer: This map is for illustrative purposes only. Information
contained herein is not a substitute for professional review or a site
survey and is subject to change without notice. The Grand River
Conservation Authority takes no responsibility for, nor guarantees,
the accuracy of the information contained on this map. Any
interpretations or conclusions drawn from this map are the sole
responsibility of the user.
The source for each data layer is shown in parentheses in the map
legend. For a complete listing of sources and citations go to:
https://maps.grandriver.ca/Sources-and-Citations.pdf
012.5255075
GRCA
Metres
Map Centre (UTM NAD83 z17): 544,664.08 4,806,691.03
NAD 1983 UTM Zone 17NScale: 2,078
This map is not to be used for navigation | 2020 Ortho (ON)
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