HomeMy WebLinkAboutDSD-2025-017 - A 2024-001 - 535 Manitou DriveStaff Report
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Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2025
SUBMITTED BY: Tina Malone -Wright, Manager, Development Approvals
519-783-8913
PREPARED BY: Brian Bateman Senior Planner, 519-783-8905
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: January 8, 2025
REPORT NO.: DSD -2025-017
SUBJECT: Minor Variance Application A2025-001 — 535 Manitou Drive
RECOMMENDATION:
That Minor Variance Application A2025-001 for 535 Manitou Drive requesting relief
from Section 5.6, Table 5-5, of Zoning By-law 2019-051 to permit a maximum parking
requirement of 110 parking spaces instead of the maximum permitted 82 parking
spaces and relief from Section 10.3, Table 10-2, of Zoning By-law 2019-051 to permit
an exterior side yard setback of 3.7 metres instead of the minimum required 6
metres to facilitate the development of the site with an industrial plaza in
accordance with Site Plan Application SP24/067/M/BB, BE APPROVED.
REPORT HIGHLIGHTS:
• The purpose of this report is to provide Planning staff opinion of a request to vary
regulations of Zoning By-law 2019-051 to facilitate a proposed development on lands
located at 535 Manitou Drive.
• The key finding of this report is that the proposed variances are deemed minor and
necessary for the proper and orderly development of the site given context and
location.
• 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
and this report was posted to the City's website with the agenda in advance of the
Committee of Adjustment meeting.
• 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.
Page 4 of 70
BACKGROUND:
The subject property is located at the northwest corner of the intersection of Homer
Watson Boulevard and Manitou Drive in the Huron Business Park. It is an irregular-shaped
property that is vacant and flanked by two arterial roadways and backs onto industrial and
open space lands (Budd Park).
The applicant is proposing to develop easterly portion of the property with an industrial
plaza with a right -in access only from Manitou Drive and full access to Homer Watson
Boulevard. The proposal shown below in Figure 2 has received Conditional Site Plan
Approval under Site Plan File No. SP24/067/M/BB.
To facilitate the development, two minor variances to By-law 2019-051 are required:
1. An exterior side yard setback reduction; and
2. To allow for more parking than the maximum parking rate.
O
L PARK ' -
SUBJECT PROPERTY
PJ 014
PIONLUR PARK �' 'y i 600
585' fi
a- F fie` O
Figure 1 - Aerial Photo of Subject Property
The subject property is identified as being partially within a `Neighbourhood Node' and
`Industrial Employment Area' on Map 2 — Urban Structure and is designated `General
Industrial Employment' on Map 3 — Land Use in the City's 2014 Official Plan.
The property is zoned `Service Business Park Employment (EMP- 4) Zone' in Zoning By-
law 2019-051.
Page 5 of 70
Figure 2 - 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
The planned function of Neighbourhood Nodes is to serve the day-to-day commercial
needs of surrounding residential areas and are encouraged to be cycling and pedestrian -
friendly whereas Industrial Employment Areas 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.
The intent of the General Industrial Employment land use designation is to provide for a
broad range of industrial uses, some of which by virtue of their operation or site utilization
may need to locate within an industrial area or require appropriate buffering to mitigate
potential impacts on residential areas.
Page 6 of 70
ReI lef fmm Table 5S of 8y-1_aw
2019 051 which permits a. maximum
o
parking Prgrlalon faf 82 spames far the
.proposed dsvelopmerl (mt,lll-nit rate)
whereas 110 par;<ing spaces are
proposae,
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HOMER SON EIMILEVARG
SITE STATISTICS
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2m61y EMP
Total Grass FI—Area, 2019-055 whlch requlres a minimum
C" AApplcalhrF TaG
lhquiln9 meaarlre'r 195Wexterior side yard setback a18.Om n
Lol Arra 97ce.t7'
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Bgldhg 0r<,.;s 1954.1120.1%1
=2 spas-2pmulded proposed.
I arda-aped Area- 1696Am' (16.9%)
Typy •B' reWhid (11333.' GFA)
As -halt! Had Surface Arm 6141,7m'1M.0%)
=6 xyad83. -12p Ided
Parklrg RogalreC-MIN. 56: fAAX. 02
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1 �i135=56 AND 19W24 �2
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SITE PLAN APPLICATION No. SP241067iP>hlBB
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535 MANITC7U DRIVE INC.
City of Kitchener
❑E'e EL[7PffENT SEH'.•'1.=,� GEPAHi fdENf
40 FILE:
535 MANITOU ❑RIVE$P'cvG
CAT=: '11G45—M024
Figure 2 - 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
The planned function of Neighbourhood Nodes is to serve the day-to-day commercial
needs of surrounding residential areas and are encouraged to be cycling and pedestrian -
friendly whereas Industrial Employment Areas 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.
The intent of the General Industrial Employment land use designation is to provide for a
broad range of industrial uses, some of which by virtue of their operation or site utilization
may need to locate within an industrial area or require appropriate buffering to mitigate
potential impacts on residential areas.
Page 6 of 70
The development of an industrial plaza that is setback closer to Homer Watson activates
the street thereby helping to be more pedestrian and cycling friendly while at the same
time providing uses that support and enhance economic activity of the area. Staff is
satisfied the intent is being maintained by balancing built form and design objectives of
being located within a Node with providing industrial uses to support economic expansion.
The intent of the City's parking policies is to ensure adequate parking standards and
regulations are in place and enforced and to reduce parking space demand in support of
active transportation and transit and potential redevelopment of surface parking lots
especially in intensification areas. As the proposal provides more parking than the by-law
permits are located outside of an intensification area, there is more than adequate parking
being provided. Staff is satisfied the parking policies are being met.
The variances will maintain the general intent of the Official Plan.
General Intent of the Zoning By-law
The general purpose of this zone is to accommodate industrial uses and limited
complimentary uses that support adjacent employment lands. EMP -4 zoned lands are
located within 450 metres of existing or planned transit corridors. The intent of the exterior
side yard setback in this context is to ensure there is adequate space for landscaping and
provide consistency within a typical suburban industrial context. However, this is a corner
property within a "Node" that is directly across from suburban commercial retail uses.
Overtime it is expected that those commercial properties will be re -developed with
buildings that are setback closer to street edge to frame the corners and activate the
space. Reducing the exterior side yard setback therefore makes sense within this context
while at the same time, still providing adequate exterior yard space for trees and
landscaping.
The general intent of having maximum parking rates is to limit the amount of surface
parking and impervious areas. The maximum parking for a multi -unit building is 82 spaces
and the owner proposes 110. The maximum multi -unit rate for plaza's containing 3 or
more units is 1 parking space/24 m2 of gross floor area. The parking increase is to
accommodate a restaurant and pharmacy - considered heavier parking users — that will be
tenants within the plaza. Individual uses within a plaza such as a restaurant or pharmacy,
for example, require a maximum 1 parking space/5 m2 and 1 parking space/15 m2 of
gross floor area, respectively. As such, it may be prudent to offer more parking than the
maximum rate to avoid potential parking problems that could affect future occupancy.
Is/Are the Effects of the Variance(s) Minor?
An exterior side yard setback reduction and increase in the maximum parking rate for a
multi -unit plaza may be considered minor as they will facilitate the development of an
industrial plaza with a restaurant and potential pharmacy tenant in this location.
Is/Are the Variance(s) Desirable For the Appropriate Development or Use of the Land,
Building and/or Structure?
The variances are desirable as they will facilitate development on lands that have been
sitting vacant for several years.
Page 7 of 70
Environmental Planning Comments:
No concerns
Heritage Planning Comments:
No concerns
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit for
the new buildings are obtained prior to construction. Please contact the Building Division at
building(a)kitchener.ca with any questions.
Engineering Division Comments:
No concerns
Parks/Operations Division Comments:
No concerns with proposed Minor Variances. New/revised easements are required as a
condition of final site plan approval of both SP22/144/M/BB and SP24/067/M/BB to
accommodate Multi Use Trail at proposed access.
Transportation Planning Comments:
Transportation Services have no concerns with this application based on the provided
Parking Justification.
As noted in the Parking Justification, the restaurant maximum by-law parking rate can be
applied when the GFA of a multi -unit building is less than 1,000 sq.m. Therefore,
Transportation Services notes that if the restaurant was located in Building C instead of
Building B, the site would not exceed the maximum by-law parking rate and a variance
would not be required.
Region of Waterloo
No concerns
GRCA
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 — This report has been posted to the City's website with the agenda in advance
of the Committee of Adjustment meeting. A notice sign was placed on the property
Page 8 of 70
advising that a Committee of Adjustment application has been received. The sign advises
interested parties to find additional information on the City's website or by emailing 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 Planning Statement (PPS 2024)
• Regional Official Plan
• Official Plan (2014)
• Zoning By-law 2019-051
Page 9 of 70
December 20, 2024
Connie Owen
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
File No., D20-201
VAR KIT GEN
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, 8th Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY- 519-575-4608
Fax: 519-575-4449
www.reg ionofwaterloo.ca
Subject: Committee of Adjustment Meeting January 21, 2025, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1 i
A 2025
- 001
— 535 Manitou Drive — No concerns
2)
A 2025
- 002
— 72 Strange Street — No concerns
3)
A 2025
- 003
— 126 Highland Road West — No concerns
4)
A 2025
- 004
— 240 Chapel 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
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,
Katrina Fluit
Transportation Planner
Document Number: 4853640
28935
Page 10 of 70
(226) 753-4808
CC:
Connie Owen, City of Kitchener
CofA(a)Kitchener. ca
Document Number: 4853640
Page 11 of 70
January 3, 2025
Administration Centre: 400 Clyde Road, P.O. Box 729 Cambridge, ON N1 R 5W6
Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax: 519-621-4844 www.grandriver.ca
Marilyn Mills
Secretary -Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
Dear Marilyn Mills,
Re: Committee of Adjustment Meeting — January 21, 2025
Applications for Minor Variance
A 2025-001
535 Manitou Drive
A 2025-002
72 Strange Street
A 2025-003
126 Highland Road West
A 2025-004
240 Chapel Street
Application for Consent
B 2025-001 284 Duke Street East
via email
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 are not subject to Ontario Regulation 41/24 and, therefore, a permission
from GRCA is not required.
Should you have any questions, please contact me at aherreman(a-)-grandriver. ca or 519-621-
2763 ext. 2228.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities. I The Grand - A Canadian Heritage River
Page 12 of 70
From: Jenna Auger
To: Committee of Adjustment (SM); Committee of Adjustment (SM)
Cc: Farah Faroaue
Subject: RE: ACTION REQUIRED - Committee of Adjustment Application Review — January 21, 2025 Meeting
Date: Friday, December 27, 2024 9:53:49 AM
Attachments: imaae001.ona
Some people who received this message don't often get email fromjenna.auger@metrolinx.com. Learn why this is
important
Good morning,
Metrolinx is in receipt of the following committee applications for the Committee of Adjustment
meeting scheduled for January 21, 2025.
Upon review, Metrolinx notes that none of these properties are subject to our review zones.
Therefore, Metrolinx expresses no comments or concerns for this agenda.
Best Regards,
Jenna Auger (She/Her)
Third Party Projects Review (TPPR)
Development & Real Estate Management
T: (416)-881-0579
10 Bay Street I Toronto I Ontario I M5J 21\18
METROLINX
From: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Sent: Thursday, December 19, 2024 11:02 AM
To: Committee of Adjustment (SM) <CommitteeofAdjustment@kitchen er.ca>
Subject: ACTION REQUIRED - Committee of Adjustment Application Review—January 21, 2025
Meeting
EXTERNAL SENDER: Do not click any links or open any attachments unless you trust the sender and know the content is safe.
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liable, ou clue vous ayez I'assurance que Ie contenu provient d'une source sure.
Hello,
Please be advised the applications for the City of Kitchener Committee of Adjustment
meeting scheduled for Tuesday, January 21, 2025, have been loaded and circulated
through ShareFile. You should have already received the necessary link.
If you wish to make comments, provide advice, or request the imposition of any conditions
on any of these applications, please provide the Committee with a written report.
Page 13 of 70
Please note: If you have comments, your written report must be sent to
CofA&kitchener.ca no later than 12 noon on Monday, January 6, 2025.
If you have no comments for the Committee's consideration, you do not need to respond.
Connie Owen.
Administrative Clerk I Legislated Services I City of Kitchener
519-741-2203 1 TTY 1-866-969-9994 1 cofaPkitchen er.ca
This e-mail is intended only for the person or entity to which it is addressed. If you received
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