HomeMy WebLinkAboutDSD-2024-320 - A 2024-055 - 71 Kingsbury Dr
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: July 16, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Craig Dumart, Senior Planner 519-741-2200 ext. 7073
WARD(S) INVOLVED: Ward 2
DATE OF REPORT: June 27, 2024
REPORT NO.: DSD-2024-320
SUBJECT: Minor Variance Application A2024-055 71 Kingsbury Drive
RECOMMENDATION:
That Minor Variance Application A2024-055 for 71 Kingsbury Drive requesting relief
from the following sections of Zoning By-law 2019-051:
i) Section 5.6, Table 5-5, to permit a minimum parking requirement of 46 parking
spaces (1 parking space per 59 square metres of Gross Floor Area (GFA))
instead of the minimum required 68 parking spaces (1 space for 40 square
metres of Gross Floor Area (GFA)); and
ii) Section 9.3, Table 9-2, to permit a minimum Landscaped Area of 17% instead of
the minimum required 20%.
to facilitate the redevelopment of the site with a 'Commercial School' providing on-
site hockey instruction, in accordance with Conditionally Approved Site Plan
Application SP24/016/K/CD, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review a minor variance application to facilitate the
redevelopment of the property with a 'Commercial School' providing on-site hockey
instruction.
The key finding of this report is that the requested variances meet the 4 tests of the
Planning Act.
There are no financial implications.
Community engagement included notice signs 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 and this
Adjustment meeting.
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This report supports the delivery of core services.
BACKGROUND:
The subject property is located on the southeast side of Kingsbury Drive near the
intersection of Kingsbury Drive and Weber Street East.
Figure 1: Location Map
on Map 2 Urban Structure and is
Commerci
General Commercial Zone (COM-2-law 2019-051.
The purpose of the application is to permit the redevelopment of the property with a
'Commercial School' providing on-site hockey instruction. The applicant is proposing
additions and interior alterations to the existing commercial building and have received
conditional site plan approval.
Figure 2: View of Existing Site Conditions
Figure 3: Site Plan.
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
land use designation is to provide for a wide range of
commercial activities and use intended to ensure that commercial activities are well
businesses and visitors. The proposed commercial school is a permitted use in the
Commercial land use designation and an appropriate use for subject building and lands.
Planning Staff are of the opinion that the requested variances will meet the general intent of
the Official Plan.
General Intent of the Zoning By-law
The intent of the 1 parking space per 40 square metres of Gross Floor Area (GFA) is to
provide adequate parking for users of the proposed development. The applicant provided
a cover letter with a detailed explanation of the requested parking reduction which was
reviewed by Transportation Services who have no concerns with the proposed parking
rate of 1 parking space per 59 square metres of Gross Floor Area (GFA).
The proposed redevelopment of the site will include 92 surface parking spaces of which
only 46 can be included towards the required Zoning By-law parking requirement as 36
existing surface parking spaces are located in the MTO setback within the subject lands.
The MTO has no concerns with the spaces continuing to be used however they cannot be
counted towards the required parking. In addition to adequate on-site parking, on-street
parking is available on Kingsbury Drive and bicycle parking spaces will also be provided
for users of the development. Staff are of the opinion that the proposed parking provision
will provide for adequate parking for users of the proposed commercial school.
The intent of the required 20% landscaping regulation is to ensure developments are not
dominated by parking and buildings. The applicant is proposing additions and interior
alterations to the existing commercial building which results in existing landscaping being
removed and replaced by surface parking and additional building area. Adequate
landscaping is proposed, and a landscape buffer will screen the new surface parking from
the street and adjacent properties.
In the opinion of Staff, the requested variances meet the general intent of the Zoning By-
law.
Is/Are the Effects of the Variance(s) Minor?
The requested variance to reduce the required parking to 1 parking spaces per 59 square
metres of GFA rather 1 parking space per 40 square metres of GFA and the requested
variance to reduce the required landscaping from 20% to 17% are minor in nature. Staff is of
the opinion that the requested variances will not inhibit the appropriate functioning of a
commercial school on the property and will not negatively impact any of the adjacent
properties or surrounding neighbourhoods. The 3% landscaping reduction is minor and
adequate on-site parking is being provided.
Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable and appropriate for the development and use of the land as
they will facilitate the adaptive reuse of the existing building and the commercial property
in an Urban Corridor for a commercial school that will provide on-site hockey instruction.
Environmental Planning Comments:
No Environmental Planning concerns.
Heritage Planning Comments:
No heritage concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance. Applications have been
made for the renovations to the existing building for the change of use.
Engineering Division Comments:
No Engineering comments.
Parks/Operations Division Comments:
No Parks/Operations comments.
Transportation Planning Comments:
Transportation Services have no concerns with this application.
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
June 25, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (1) 06 FREDERICK 250 FREDERICK STREET
Kitchener, ON N2G 4G7 250 FREDERICK INC
(3) VAR KIT/ 124 WOOLWICH STREET
ZHENGYU CUI
(4) VAR KIT/ 71 KINGSBURY 71 KINGSBURY
INC
(5) 06 HIGHLAND / 359 HIGHLAND ROAD
W 2689943 ONTARIO INCORPORATED
(6) VAR KIT / 176 WOOLWICH STREET
HECTOR LOPEZ
Subject: Committee of Adjustment Meeting July 16, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 052 250 Frederick Street No concerns.
2) A 2024 - 053 224 Contrystone Crescent (Unit C) There are no conditions for
the above application. However, the applicants are advised that there would be
impacts from road noise to the existing and the proposed dwellings. The
applicants are responsible for ensuring no environmental noise impacts from/to
the proposed development.
3) A 2024 - 054 124 Woolwich Street No concerns.
4) A 2024 - 055 71 Kingsbury Drive No concerns.
5) A 2024 - 056 359 Highland Road West No concerns.
6) A 2024 - 057 176 Woolwich Street 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
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Њ ƚŅ Ћ
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
Katrina Fluit, Region of Waterloo FYI only.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍАЊЍВЎВ tğŭĻ Ћ ƚŅ Ћ
2
June 28, 2024via email
Marilyn Mills
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMarilyn Mills,
Re:Committee of Adjustment Meeting July16, 2024
Applications for Minor Variance
A 2024-052250 Frederick Street
A 2024-053224 Countrystone Crescent
A 2024-054124 Woolwich Street
A 2024-05571 Kingsbury Drive
A 2024-056359 Highland Road West
Applicationsfor Consent
B 2024-0131188 Fischer Hallman Road
B 2024-014267 Dumfries Avenue
B 2024-01582 York Street
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