HomeMy WebLinkAboutDSD-2022-357 - A 2022-097 - 296 Highland Rd E
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 19, 2022
SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications
519-741-2200 ext. 7765
PREPARED BY: Julian Lee, Student Planner, 519-741-2200 ext. 7078
WARD(S) INVOLVED: Ward 9
DATE OF REPORT: July 8, 2022
REPORT NO.: DSD-2022-357
SUBJECT: Minor Variance Application A 2022-097 296 Highland Road East
RECOMMENDATION:
Zoning By-law 85-1
A. That Minor Variance Application A2022-097 for 296 Highland Road East requesting
relief from Section 7.2 of Zoning By-law 85-1, to permit a Health Clinic, having a unit
gross floor area of 368 square metres, as a permitted use in one of the units in the
existing commercial building in accordance with drawings prepared by Lakeland
Engineering, dated April 22, 2022, BE APPROVED.
Zoning By-law 2019-051
A. That Minor Variance Application A2022-097 for 296 Highland Road East requesting
relief from Section 9.2, Table 9-1, Footnote (2), of Zoning By-law 2019-051, to permit a
Health clinic to have a maximum gross floor area of 368 square metres in the existing
commercial building instead of the maximum permitted 300 square metres, in
accordance with drawings prepared by Lakeland Engineering, dated April 22, 2022, BE
APPROVED subject to the following:
This minor variance shall become effective only at such time as Zoning By-law 2022-
040 comes into force, pursuant to section 34 (30) of the Planning Act, R.S.O. 1990, c.
P 13, as amended, at such time the variance shall be deemed to have come into force
as of the final date of this decision.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application requesting relief from Section
7.2 of Zoning By-law 85-1, to permit a Health Clinic as a permitted use, and from Section 9.2,
Table 9.1 of Zoning By-law 2019-051, to permit a Health Clinic to have a maximum unit gross
floor area of 368 square metres rather than the maximum permitted 300 square metres.
The key finding of this report is that the requested minor variance meets the 4 tests of the
Planning Act.
There are no financial implications
This report supports the delivery of core services.
*** 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 is located at the intersection of Highland Road East and Mausser Avenue,
south of Stirling Avenue South. The surrounding neighbourhood is predominantly comprised of low
rise residential uses, as well as supporting commercial and institutional uses.
Location Map of Subject Property Photo of Subject Property
Urban Structure and is
Official Plan.
--law 85-
Commercial Zone (COM-Zoning By-law 2019-051, which is currently under appeal.
The purpose of the application is to permit a Health Clinic as a permitted use -under
Zoning By-law 85-1, and to permit a Health Clinic to have a maximum unit gross floor area of 368
square metres rather than the maximum permitted 300 square metres - under
Zoning By-law 2019-051.
The applicant intends to open a dentist clinic in a ground floor unit with an administrative office in a
separate basement unit. The 3 other existing units are to remain with no changes to the overall floor
limited to the interior fitting out of the unit. The
prohibited use and unit gross floor area were flagged by City Staff during the building permit and
Zoning Occupancy Certificate approval process.
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Planning Staff conducted a site visit on Friday, June 24.
REPORT:
Planning Comments:
In considering the four tests for the 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
Urban Structure and is
of the Community Areas designation, as specified in Section 3.C.2.50 of the Official Plan, is to
provide both residential uses and supporting non-residential uses to the immediate residential areas,
while the Low Rise Residential designation supports a diverse range of low rise housing types in
keeping with the low density character of the surrounding neighbourhood. Official Plan policy
15.D.3.14 further maintains that while the use of lands designated Low Rise Residential should
predominantly be residential, complementary non-residential land uses may be permitted at an
appropriate scale and location subject to Non-Residential Supporting Land Uses Policies 15.D.3.27
through 15.D.3.31 inclusive. Staff note that the use of a Health Clinic is permitted under Section
15.D.3.27 as a non-residential land use that is complementary to and will the serve the needs of the
surrounding neighbourhood, facilitating the development of a walkable and complete community.
--law 85--
Zoning By-law 2019-051 implements Policy 15.D.3.27. Further, as the requested variance does not
include increasing the overall floor area of the existing building, the low density residential character
of the surrounding neighbourhood will not be affected. Staff are of the opinion that the requested
minor variances meet the intent of the Official Plan.
General Intent of the Zoning By-law
Under Zoning By-law 85-1, permitted uses for lands zoned Convenience Commercial (C-1) include
convenience retail, financial establishment, gas bar, health office, personal services, and restaurant.
The intent of permitting these uses is to ensure that convenience commercial uses within the lands
zoned C-1 are supportive of the needs of residents in the immediate and surrounding communities
while maintaining an appropriate level of traffic and activity in local areas. Staff note that permitting
the use of a Health Clinic would further support the needs of the adjacent neighbourhoods without
generating additional noise, high levels of traffic, or emissions not compatible with nearby residential
uses, and would not place additional strain on municipal services, roads, or other uses permitted
under the C-1 zoning. Staff are of the opinion that the use of a Health Clinic would be consistent
with the range of uses permitted in the C-1 zoning, and complementary to the surrounding
residential neighbourhood. As --law implements the
Under Zoning By-law 2019-051, the intent of a maximum unit gross floor area of 300 square metres
for lands zoned Local Commercial (COM-1) is to ensure that the use of a commercial unit remains
a locally-oriented service that is complementary to and supports the needs of immediate and
adjacent communities. An excess of unit gross floor area by 68 square metres is not discernable
and will not significantly increase the number of residents the Health Clinic will serve, therefore
maintaining the scale and reach of the Health Clinic and its services at a level that is appropriate to
the immediate and surrounding residential neighbourhoods. Because the excess unit gross floor
area is not visible from the exterior of the building, Staff are of the opinion that the use will be
compatible with the surrounding community.
Staff are of the opinion that the requested minor variances meet the intent of the Zoning By-laws.
Is/Are the Effects of the Variance(s) Minor?
Staff are of the opinion that the requested variances are minor as the proposed use of a Health Clinic
is appropriately located within a commercial plaza, and will not generate excessive traffic, emissions,
or noise that is not compatible with the immediate and surrounding residential neighbourhoods.
Additionally, as the approval of a 368 square metre gross unit floor area rather than the maximum
300 square metres is insignificant in proportion to the total commercial plaza floor area, Staff are of
the opinion that the proposed use and requested gross floor area will not affect the low density
residential and commercial character of the C-1/COM-1 zone.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or
Structure?
The requested variances are appropriate for the use of the land and building as they will facilitate
the establishment of a Health Clinic, which will serve the needs of the immediate and surrounding
-
character of the COM-1 zone and Low Rise Residential designation and will not create additional
pressures on municipal services or adjacent commercial and residential uses. As such, the
requested variances are considered desirable in order to facilitate the creation of a Health Clinic and
to encouragethe creation of a complete and walkable community.
Environmental Planning Comments:
No natural heritage or tree management policy concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variances. Application has been made for the
dental office and is currently under review.
Engineering Division Comments:
Engineering has no comment.
Parks/Operations Division Comments:
No comments.
Transportation Planning Comments:
Transportation Services have no concerns with the proposed application.
Region of Waterloo Comments:
No concerns.
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 dvance of the
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
ailing the Planning Division. A notice of the
application was mailed to all property owners within 30 metres of the subject property.
PREVIOUS REPORTS/AUTHORITIES:
Planning Act
Provincial Policy Statement (PPS 2014)
A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020
Regional Official Plan
Official Plan (2014)
Zoning By-laws 85-1 and 2019-051
ATTACHMENTS:
Attachment 1: Proposed Site Plan
Proposed Site Plan
June 28, 2022
Sarah Goldrup
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118
Kitchener, ON N2G 4G7 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT
(5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING
FARMS SUBDIVISONS 30T 91005 30T 02206
(11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH
AND 21 WEBER STREET WEST KIAH GROUP INC.
(12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN
HOMES KITCHENER WATERLOO
(19)/12, STAUFFER WOODS SUBDIVISION 30T 08203
(20)/53 COURTLAND, 165 COURTLAND AVE E AEC
DEVELOPMENTS INC
Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and have
following comments:
1) A 2022 - 070 Rosenberg Way & Amand Drive No Concerns.
2) A 2022 - 072 177 Eden Oak Trail No Concerns.
3) A 2022 - 073 10 Langton Drive No Concerns.
4) A 2022 - 074 240 Chapel Street No Concerns.
5) A 2022 - 075 50 Otterbein Road No Concerns.
6) A 2022 - 076 95 Patricia Avenue No Concerns.
7) A 2022 - 077 210 Pioneer Tower Road No Concerns.
8) A 2022 - 078 125 Uplands Drive No Concerns.
9) A 2022 - 079 31 Monterey Road No Concerns.
10) A 2022 - 080 64 Wilhelm Street No Concerns.
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11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo Concerns.
12) A 2022 - 082 544 Bridgeport Road No Concerns.
13) A 2022 - 083 99 Becker Street No Concerns.
14) A 2022 - 084 26 Pony Way (Unit 21) No Concerns.
15) A 2022 - 085 28 Pony Way (Unit 22) No Concerns.
16) A 2022 - 086 30 Pony Way (Unit 23) No Concerns.
17) A 2022 - 087 32 Pony Way (Unit 24) No Concerns.
18) A 2022 - 088 34 Pony Way (Unit 25) No Concerns.
19) A 2022 089-094 3,11,13,21,23 & 29 Shaded Creek Drive No Concerns.
20) A 2022 - 095 165 Courtland avenue East No Concerns.
21) A 2022 - 096 247 Glasgow Street No Concerns.
22) A 2022 - 097 296 Highland Road East No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 19-037 or any successor
thereof and may require payment of Regional Development Charges for these
development(s) prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application number(s) listed. If a
site is subject to more than one application, additional comments may apply.
Please forward any decisions on the above mentioned Application number(s) to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
C (226) 753-0368
CC:
Alison Fox, City of Kitchener
Kristen Hilborn, City of Kitchener
CofA@Kitchener.ca
2
July 4, 2022 via email
GRCA File:July 19, 2022 CofA Meeting
Sarah Goldrup
Committee Administrator
Planning Division
City of Kitchener
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200 King Street West, 6
Floor
Kitchener, ON, N2G 4G7
Dear Sarah Goldrup,
Re: Committee of Adjustment Meeting – July 19, 2022
Applications for Minor Variance
A 2022-072 177 Eden Oak Trail
A 2022-073 10 Langton Drive
A 2022-074 240 Chapel Street
A 2022-076 95 Patricia Avenue
A 2022-078 125 Uplands Drive
A 2022-079 31 Monterey Road
A 2022-080 64 Wilhelm Street
A 2022-081 149-151 Ontario Street North & 21 Weber Street West
A 2022-082 544 Bridgeport Road
A 2022-083 99 Becker Street
A 2022-084 26 Pony Way (Unit 21)
A 2022-085 26 Pony Way (Unit 22)
A 2022-086 26 Pony Way (Unit 23)
A 2022-087 26 Pony Way (Unit 24)
A 2022-088 26 Pony Way (Unit 25)
A 2022-089 to 094 3, 11, 13, 21, 23 & 29 Shaded Creek Drive
A 2022-096 247 Glasgow Street
A 2022-097 296 Highland Road East
Applications for Consent
B 2022-039 63 Stanley Avenue
B 2022-040 452 Prospect Avenue
B 2022-041 456 Prospect Avenue
Grand River Conservation Authority (GRCA) staff has reviewed the above-noted
applications for minor variance and consent.
GRCA has no objection to the approval of the above applications. The subject
properties donot contain any watercourses, floodplains, shorelines, wetlands, valley
slopes or other environmental features of interest to GRCA. The properties are not
subject to Ontario Regulation 150/06 and therefore a permission from GRCA is not
required.
Should you have any questions, please contact me at jconroy@grandriver.ca or 519-
621-2763 ext. 2230.
Sincerely,
Jessica Conroy, MES Pl.
Resource Planning Technician
Grand River Conservation Authority