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HomeMy WebLinkAboutDSD-18-024 - A 2018-044 - 1275 Bleams RdStaff Report Development Services Department 1 KNER www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: May 15, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Siobhan Kelly, Student Planner— 519-741-2200 ext.7074 WARD: 5 DATE OF REPORT: May 7, 2018 REPORT #: DSD -18-024 SUBJECT: A2018-044 -1275 Bleams Road Applicant — Schiedel Construction Incorporated Approve RA Location Map: 1275 Bleams Road RECOMMENDATION A That Application A2018-044 requesting relief from Appendix C, Special Use Provision 351U of By-law 85-1 to expand the existing Religious Institution by 17% whereas the Zoning By-law permits the use to occupy 100 percent the gross floor area that existing on or before October 28, 2013, be approved. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. REPORT Planning Comments: The subject property located at 1275 Bleams Road is designated Neighbourhood Institutional in the Rosenberg Secondary Plan and is zoned Restricted Business Park Zone (B-2) in Zoning By-law 85-1 with Special Use Provision 351 U. The subject property is located in close proximity to the intersection of Bleams Road and Fischer Hallman Road. The property currently contains the existing church and parking lot which is located to the front of the building. The applicant is requesting relief from the Special Use Provision 351 U to expand the existing Religious Institution by 17 percent whereas the By-law only permits the use to occupy 100 percent of the gross floor area that existed on or before October 28, 2013. City Planning staff conducted a site inspection of the property on April 23, 2018 1275 Bleams Road In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O., 1990 Chap. P. 13, as amended, Planning staff offer the following comments. The subject property is designated Neighbourhood Institutional in the Rosenberg Secondary Plan. Lands designated Neighbourhood Institutional that are not identified as a potential school site will permit educational establishments, religious institutions, community facilities, residential care facilities, day care facilities, and Low Density Residential Two land uses. It is the opinion of staff that the expansion of the legally existing religious institution is in keeping with the general intent of the Secondary Plan as the use has existed on the property since 1995 and as no new religious institution is being proposed. 2. The subject property is zoned Restricted Business Park Zone (B-2) in the Zoning By-law 85-1 with a special use provision. Special Use Provision 351U permits a Religious Institution or Educational Establishment to occupy 100 percent of the gross floor area that existing on or before October 28, 2013. The intent of the Special Use Provision was to ensure that existing religious institutions and educational establishments be considered legal non -conforming. In 2015, a By-law amendment (By-law 2015-068) legalized the existing education establishments and religious institutions that had received the Special Use Provision 351 U. In doing so, the City took away the owners' ability to apply to the Committee of Adjustment for an expansion. Given that the proposed variance will reinstate the development rights to allow the legally existing religious institution to be expanded, it is the opinion of staff that the requested variance meets the general intent of the Zoning By-law. 3. The variance is minor for the following reasons. The proposed expansion is moderate in scale and the existing religious institution will continue to occupy 100 percent of the building. It is the opinion of staff that an expansion of the existing Religious Institution by 17 percent will not impact or compromise the functioning of the subject or surrounding properties. 4. The variance is a result of Special Use Provision 351 U which is applied to the subject property and restricts the owner's ability for future development. It is the opinion of staff that the proposed variance is appropriate considering that the religious institution is an existing use and will continue to occupy 100 percent of the gross floor area of the building, including the area of the new addition. Based on the foregoing, Planning staff recommends that this application be approved. Building Comments: The Building Division has no objections to the proposed variance provided a building permit be obtained for the addition to the church. Please contact the Building Division @ 519-741-2433 with permit requirements and any questions. Transportation Services Comments: Transportation Services have no concerns with the proposed application Engineering Comments: Engineering Services have no concerns with the proposed application. Heritage Planning Comments: No heritage planning concerns. Environmental Planning Comments: No environmental planning concerns as no new development is proposed Operations Comments: Operations have no concerns with the proposed application. Policy Comments: Note that the subject property is located within the Rosenberg Secondary Plan. For more information, please contact Juliane von Westerholt by phone (519-741-2200 ext. 7157) or by email (juliane.vonwesterholt(a�kitchener.ca). Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo April 27, 2018 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 Dear Ms. Dyson: 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 i o n ofwate r l o o. ca File: D20-20/VAR KIT GEN (2) /56 BLEAMS, First Christian Reformed Church (5) /06 HIGHLAND, Savic Homes, 1402-1430 Highland Rd W (6) /15 KING KIT, James Fryett Architect Inc. 624 King St W (7) /06 FREDERICK, 834220 Ontario Inc. Re: Committee of Adjustment Meeting on December 12, 2017, City of Kitchener. Regional staff have reviewed the following Committee of Adjustment application(s) and have the following comments: 1. 51 Chestnut Street (A 2018-043): No concerns. 2. 1275 Bleams Road (A 2018-044): No concerns. 3. 46 Paige Street (A 2018-045): No concerns. 4. 671 Glasgow Street Unit 7 (A 2018-046): No concerns. 5. 1430 Highland Road West (A 2018-047): No concerns. 6. 624 King Street West (A 2018-048): No concerns. 7. 268 Frederick Street (A 2018-049): No concerns or requirements for this application. However, the owner please be advised that any redevelopment application for these lands may require dedication of 3.13 metre road widening along property frontage on Frederick Street and a 7.62 metre daylight triangle at the Pequegnat Avenue/Frederick Street intersection. Please be advised that any development on the subject lands is subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require payment of Regional Development Charges for these development(s) prior to the issuance of a building permit. 2715832 Version: 1 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 (519) 575-4757 ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE: May 7, 2018 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N1 R 5W6 Phone: (519) 621-2761 ext. 2228 E-mail: aherreman@grandriver.ca YOUR FILE: See below RE: Applications for Minor Variance: A 2018-043 51 Chestnut Street A 2018-044 1275 Bleams Road A 2018-045 46 Paige Street A 2018-046 671 Glasgow Street, Unit 7 A 2018-047 1402-1430 Highland Road West A 2018-048 624 King Street West A 2018-049 268 Frederick St Applications for Consent: B 2018-031 & B 2018-032 25 & 75 Fallowfield Drive GRCA COMMENT*: The above noted applications are located outside the Grand River Conservation Authority areas of interest. As such, we will not undertake a review of the applications and plan review fees will not be required. If you have any questions, or require additional information, please contact me. Sincerely, '4k i"_ Andrew Herreman Resource Planning Technician Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1, of i Grand River Conservation Authority.