HomeMy WebLinkAboutDSD-2024-218 - 125 Seabrook Dr - A 2024-042
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: May 21, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 5
DATE OF REPORT: May 1, 2024
REPORT NO.: DSD-2024-218
SUBJECT: Minor Variance Application A2024-042 - 125 Seabrook Drive
RECOMMENDATION:
That Minor Variance Application A2024-042 for 125 Seabrook Drive requesting relief
from Section 7.2 of Zoning By-law 85-1 to permit:
i) a gross leasable commercial space of 1,932.5 square metres instead of the
maximum permitted 999 square metres; and
ii) to permit a gross leasable commercial space for a convenience retail outlet to
be 555 square metres instead of the maximum permitted 225 square metres;
to construct Phase Two of a development for a commercial plaza with a specialty
grocery store, in accordance with Site Plan Application SP24/002/S/AA, BE
APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
construction of Phase Two of a development for a commercial plaza.
The key finding of this report is that the requested variances meet the four tests of the
Planning Act.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
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BACKGROUND:
The subject property is locatedin the Rosenberg area north of Huron Road and east of
Fischer Hallman Road.
Figure 1:The subject property in an aerial view.
Figure 2:The subject property in the zoning map.
The subject Urban CorridorUrban Structure and is
designated as
Convenience CommercialZone (C-1) with Special Use Provision
331U-law 85-1
The purpose of the applicationis to facilitate the construction ofPhase Two of the site
development, which is proposed to contain a one-storey commercial building with a
storage basement. The proposed building will add to the overall gross leasable
commercial space for the property whichexceeds the maximum required,and itwill have
a retail unit that exceeds the maximum gross leasable commercial space for a
convenience retail outlet
The applicant has submitted a Site Plan Application, SP24/002/S/AA, which has been
reviewed with all applicable divisions and agencies and has
subject to receiving approval of the minor variances.
Figure 3: The proposed Site Plan
Figure 4: The corner view of the existing building
Figure 5: The existing road access to the commercial plaza
nd
Staff visited the subject property on March 2, 2024.
Figure 6: The subject property from Seabrook Drive where the proposed building
will be located
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 ixed Use land use designation in the Rosenberg Secondary Plan states that The
City may impose maximum gross floor area limits on non-residential development,
including limiting the gross floor area of individual non-residential outlets (including food
store) as well the combined total gross floor area of non-residential outlets, in the Zoning
By-law to ensure that the uses are appropriately scaled for the planned function of the
Mixed Use area and community.
Lands designated Mixed Use 1 are generally intended to provide a minimum amount
of small-scale commercial uses at neighbourhood gateway locations supplemented
with multiple residential and other non-residential uses.
Permitted non-residential, neighbourhood oriented uses may include the following:
o Retail, but not including Major Retail;
o Office, but not including Major Office;
o Financial establishments, personal services and/or restaurants in a plaza or
mixed-use building;
o Health-related uses, such as health offices and clinics;
o Studios
o Craftsman shop
o Education establishments, day care, religious institutions and museum up to
25% of a building.
The proposed commercial building aims to fulfill this objective by offering a diverse range
of neighbourhood-oriented commercial services without exceeding the scope outlined in
the official plan. The absence of major retail or major office spaces ensures that the
development remains in line with the intended character of a convenience commercial
plaza. Therefore, staff are of the opinion that the new commercial building and requested
variances meet the general intent of the Official Plan.
General Intent of the Zoning By-law
The general intent of the Zoning By-law to limit the gross leasable commercial space and
the gross leasable commercial space for a convenience retail outlet is to avoid having a
major retail development within a neighbourhood and to maintain the convenience retail
character. The proposed commercial building reflects this objective by integrating retail
and other commercial uses into a one-storey single development on the subject property.
The proposed increase in the retail gross area for the specialty grocery store will still
provide a convenience retail use, and the overall gross leasable commercial will be one
storey with this being the only convenience retail outlet greater than 225 square metres in
area. Considering the above, staff are of the opinion that the requested variances meet the
general intent of the Zoning By-law.
Is/Are the Effects of the Variance(s) Minor?
The variance effects will be minor, given that the proposed development adheres closely
to the primary goals and principles outlined in the Official Plan and Zoning By-law.
Furthermore, the proposal mitigates any potential negative impacts on the surrounding
area, ensuring that the proposed changes remain in harmony with the existing
neighborhood fabric, providing the required amount of parking, and meeting the overall
character and functionality of the convenience commercial plaza.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The minor variances to permit an increase in the overall gross leasable commercial space
and in the gross leasable commercial space for a convenience retail outlet are desirable
and appropriate as they will enable the development of a specialty grocery store in a
neighbourhood that will accommodate the needs of local residents and businesses within
walking distance while maintaining the neighborhood convenience retail planned function.
Environmental Planning Comments:
No concerns.
Heritage Planning Comments:
No concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance, provided a building permit
for the commercial unit is obtained prior to construction. Please contact the Building Division
at building@kitchener.ca with any questions.
Engineering Division Comments:
No comments.
Parks/Operations Division Comments:
No concerns.
Transportation Planning Comments:
No concerns.
The Region of Waterloo Comments:
No comments.
Grand River Conservation Authority Comments:
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 are not subject to Ontario Regulation 41/24 and,
therefore, a permission from GRCA is not required.
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 85-1
May 2, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK
Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD
HOMES LTD
(4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO
CATHOLIC DISTRICT SCHOOL BOARD
(10) 58 KIT / 125 SEABROOK DRIVE BUILT BY
ENGINEERS CONSTRUCTION INC
Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 033 1955 Fischer Hallman Road No concerns.
2) A 2024 - 034 215 Morgan Avenue There are no conditions for the above
application. However, the applicants are advised that there would be impacts from
road noise & railway noise/vibration to the existing and the proposed
dwellings/building. The applicants are responsible for ensuring no environmental
noise impacts from/on the proposed development.
3) A 2024 - 035 42 Hazelglen Drive No concerns.
4) A 2024 - 036 50 Confederation Drive No concerns.
5) A 2024 - 037 67 Blucher Street No concerns.
6) A 2024 - 038 32 Montana Crescent There are no conditions for the above
application. However, the applicants are advised that there would be impacts from
road noise from Highland Road West to the existing and proposed
dwellings/buildings. The applicants are responsible for ensuring no environmental
noise impacts from/on the proposed development.
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7)A 2024 -039114 BrandonAvenueNo concerns.
8) A 2024 - 040 39 Turner Avenue No concerns.
9) A 2024 - 041 133 Max Becker Drive No concerns.
10) A 2024 - 042 125 Seabrook Drive No concerns.
11) A 2024 - 043 500 Stauffer Drive 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
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
May 6, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariahBlake,
Re:Committee of Adjustment Meeting May 21, 2024
Applications for Minor Variance
A 2024-0331955 Fischer Hallman Road
A 2024-034215 Morgan Avenue
A 2024-03542 Hazelglen Drive
A 2024-03650 Confederation Drive
A 2024-03767Blucher Street
A 2024-03832 Montana Crescent
A 2024-039114 Brandon Avenue
A 2024-04039 Turner Avenue
A 2024-041133 Max Becker Drive
A 2024-042125 Seabrook Drive
Applicationfor Consent
B 2024-0087Upper Mercer Street, Units B6 & B7
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