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HomeMy WebLinkAboutDSD-2024-164 - 610 Wabanaki Drive - A 2024-027 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: April 16, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner, 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: April 3, 2024 REPORT NO.: DSD-2024-164 SUBJECT: Minor Variance Application A2024-027 - 610 Wabanaki Drive RECOMMENDATION: That Minor Variance Application A2024-027 for 610 Wabanaki Drive requesting relief from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a maximum parking requirement of 67 parking spaces instead of the maximum permitted parking requirement of 26 parking spaces, to facilitate the creation of parking spaces in an existing gravelled area on the property in accordance with Site Plan Application SP23/076/W/TZ, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for minor variance to facilitate the creation of additional parking in an existing gravelled area on the subject property. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located in the Trillium Industrial Park Neighbourhood, adjacent to the East of Schneider Creek-Manitou Greenway, nearest intersection at Wilson Avenue and Wabanaki Drive. Industrial Employment Areas Urban Heavy Industrial Employment Land Use in the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Heavy Industrial Employment Zone (EMP-3-law 2019-051. The purpose of the application is to facilitate the creation of formal parking spaces in an existing gravelled area on the subject property, to permit a maximum of 67 parking spaces rather than the maximum requirement of 26 parking spaces, for an existing legal non- conforming office use. The current use of an office is a legal non-conforming use that was established since at least 2007 and is permitted to continue as an office use. Although the office use can be considered legal non-conforming, the maximum number of parking spaces for an office use cannot. This is due to lack of delineation in the gravelled area on a previously approved site plan and in the field. As the number of parking spaces in the gravelled area was never established, it cannot be considered legal non-conforming and a minor variance is required. Figure 1: Aerial view of 610 Wabanaki Drive. Figure 2: Conditionally Approved Site Plan. Figure 3: Front view of the subject property. Figure 4: Gravel parking area for proposed parking spaces. 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 The subject property is Urban Land Use in the Employment Areas is to support and maintain economic activity in the city by providing an adequate supply of land for a range of industrial-related employment uses and appropriate accessory and ancillary uses. Staff is of the opinion that the variance meets the intent of the Official Plan as it is supporting the existing use in the employment area. General Intent of the Zoning By-law -- law 2019-051 which permits a wide range of industrial uses. The intent of limiting the parking for an office use is to encourage use of alternative modes of transportation and ensure sites are not unnecessarily dominated by asphalt parking areas. Given the location of this property and that the gravelled area had previously informally been used as parking, the variance to recognize this parking area will meet the intent of the Zoning By- law. Is/Are the Effects of the Variance(s) Minor? Staff is of the opinion that the effects of the requested variance is minor, the existing site has sufficient space to accommodate the additional parking spaces. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the variance is desirable for the appropriate development as it will not create any adverse impacts to the industrial area and will support the existing development/use of the site. Environmental Planning Comments: No natural heritage concerns. Tree management will be addressed through the site plan application. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: GSP Group submitted a Parking Justification (March 1, 2024) for this application and based on their justification; Transportation Services have no concerns with the additional on-site parking being requested. 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 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 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 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) Zoning By-law 2019-051 March 27, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (2) VAR KIT/ 101 CLIVE ROAD 12134225 CANADA INC. Kitchener, ON N2G 4G7 (3) 58 KIT/ 1187 FISCHER HALLMAN ROAD SCHLEGEL URBAN DEVELOPMENT (5) VAR KIT/ 610 WABANAKI DRIVE ELEMENTARY TEACHERS FEDERATION OF ONTARIO (10) VAR KIT / 55 TRILLIUM PARK PLACE PATTERSON PLANNING CONSULTANTS Subject: Committee of Adjustment Meeting April 16, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 023 423 Edwin Street No concerns. 2) A 2024 - 024 101 Clive Road No concerns. 3) A 2024 - 025 1187 Fischer Hallman Road No concerns. 4) A 2024 - 026 58 & 60 Ellen St E and 115 Lancaster St E No concerns. 5) A 2024 - 027 610 Wabanaki Drive No concerns. 6) A 2024 - 028 54 Franklin St S No concerns. 7) A 2024 - 029 59 Van Camp Avenue No concerns. 8) A 2024 - 030 109 Ingleside Drive No concerns. 9) A 2024 - 031 172 Kehl Street No concerns. 10) A 2024 - 032 55 Trillium Park Place No concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЍЉЉБА tğŭĻ Њ ƚŅ Ћ 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 developments prior to the issuance of a building permit. The comments contained in this letter pertain to the Application numbers listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above-mentioned Application numbers to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 April 2, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting April 16, 2024 Applications for Minor Variance A 2024-023423 Edwin Street A 2024-024101 Clive Road A 2024-0251187 Fischer Hallman Road A 2024-02658 & 60 Ellen Street East, 115 Lancaster Street East A 2024-027610 Wabanaki Drive A 2024-02854 Franklin Street South A 2024-02959 Van Camp Avenue A 2024-030109 Ingleside Drive A 2024-031172 Kehl Street A 2024-03255 Trillium Park Place Applicationsfor Consent B 2024-006103 & 105 Dalegrove Drive B 2024-007137 QueenStreet South Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 41/24and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519- 621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority