Agenda Board of Adjustment December 21, 2011 PUBLIC HEARINGS Item No.

. 12 Conditional Use 43 57 Osborne Street (Fort Rouge East Fort Garry Ward) File DCU 176975/2011C

WINNIPEG PUBLIC SERVICE RECOMMENDATION: The Urban Planning Division recommends approval of the application for a Conditional Use under Zoning By-Law No. 200/2006 to permit the expansion of a retail sales use exceeding a gross floor area of 5,000 square feet (464.5 sq m) through the construction of an 13,231 square foot (1229.6 sq m) addition for a total of 23,279 square feet (2162.7 sq m), subject to the following condition(s): 1. 2. That the square footage shall be a maximum of 23, 279 square feet; That prior to the issuance of any development permits, plans shall be submitted showing the location and design of proposed buildings, the location and design of accessory parking areas, garbage enclosures, fencing, lighting, pedestrian/bicycle amenities and landscaping to the Director of Planning, Property and Development for plan approval prior to the issuance of any building or development permits, and thereafter to be maintained to the satisfaction of the Director of Planning, Property and Development That the plans submitted for plan approval shall be in substantial conformance with plans submitted and attached hereto and identified as Sheets 1-3 for File No. DCU 176975/2011C, dated November 25, 2011

3.

Agenda Board of Adjustment December 21, 2011 File: Applicant: Premises Affected: Legal Description: DCU 176975/2011C MMM Group (Brock Feenstra) 43 57 Osborne Street LOT 23/24 PLAN 27379 42 ST B SUBJ TO ROW FOR ALL PURPOSES & AS APPURT TO LOT 22 PL 27379 OVER & UPON SAID LOT 23 LOT 25 LOT 21 PLAN 27379 42 ST B LOT 22 PLAN 27379 42 ST B TOG WITH ROW FOR ALL PURPOSES & AS APPURT TO SAID LOT 22 OVER & UPON LOT 23 PL 2737 (PROPOSED LOT 1, DASSF 589/11) hereinafter called the land C2 PDO Nbhd Main Street Area(s) Commercial Community Planned Development Overlay Nbhd Main Street Area(s) District AB24 For a Conditional Use under the Winnipeg Zoning By-Law No. 200/2006 to permit the expansion of a retail sales use exceeding a gross floor area of 5,000 square feet (464.5 square metres) through the construction of an 13,231 square foot (1,229.16 square metre) addition for a total of 23,279 square feet (2,162.7 square metres). 1. 2. 3. 4a. 4b. 5. 6. Application dated November 30, 2011 Notification of Public Hearing dated December 1, 2011 Manitoba Status of Title 2213863; 2138039 and 1233891 Letter of authorization dated November 28, 2011 from Shoppers Realty Inc., to MMM Group Letter of authorization dated August 30, 2011 from Martin L. Ringer to Shoppers Realty Inc. Confirmation from the Zoning Development Administrator that the subject property may be posted in substitution for newspaper advertising Plans, Sheets 1 to 3 inclusive, for File DCU 176975/2011C sheet 1 of 3 dated November 29, 2011 and sheet 2 of 3 and 3 of 3 dated November 25, 2011 2

Property Zoned:

Zoning Atlas Sheet: Nature of Application:

Exhibits Filed:

7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Communication dated December 12, 2011, from Sarah Medill in opposition to the application Communication dated December 12, 2011, from Judianne Jayme in opposition to the application Communication dated December 12, 2011, from Carleen Lewicki in opposition to the application Communication dated December 12, 2011, from Jewellyn Alvarez in opposition to the application Communication dated December 12, 2011, from Barry Pomeroy in opposition to the application Communication dated December 13, 2011, from Claire Gunzel in opposition to the application Communication dated December 13, 2011, from Jeannette Leblanc in opposition to the application Communication dated December 13, 2011, from Marlyn Martinez in opposition to the application Communication dated December 13, 2011, from Maribeth Tabanera in opposition to the application Communication dated December 13, 2011, from Samantha Ibalio in opposition to the application Report from the Planning and Land Use Division dated December 14, 2011 Inspection Report

Agenda Board of Adjustment December 21, 2011 The Winnipeg Public Service to advise that all statutory requirements with respect to this application have been complied with. Moved by That the report of the Winnipeg Public Service be taken as read. REPRESENTATIONS: In Support: In Opposition: For Information: For the City: Moved by That the receipt of public representations be concluded.

Agenda Board of Adjustment December 21, 2011 Moved by That Section 254 and criteria (a), (b) and (d) of Subsection 247(3) of The City of Winnipeg Charter, set out below, are / are not satisfied: (a) (b) is consistent with Plan Winnipeg, and any applicable secondary plan; does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; is compatible with the area in which the property to be affected is situated.

(d)

Moved by That the recommendation of the Winnipeg Public Service be / not be concurred in. Moved by That the public hearing with respect to this application be concluded.

Exhibit 7 referred to in File DCU 176975/2011C

ADMINISTRATIVE REPORT
Title: Issue: Critical Path:
DCU 11-176975/C - 43 Osborne ST For consideration at the public hearing for a Conditional Use for DCU 11176975/C - 43 Osborne ST Board of Adjustment as per the Development Procedures By-law and The City of Winnipeg Charter.

AUTHORIZATION

Author P. Regan

Department Head n/a n/a

CFO

CAO

RECOMMENDATIONS The Urban Planning Division recommends approval of the application for a Conditional Use under Zoning By-Law No. 200/2006 to permit the expansion of a retail sales use exceeding a gross floor area of 5,000 square feet (464.5 sq m) through the construction of an 13,231 square foot (1229.6 sq m) addition for a total of 23,279 square feet (2162.7 sq m), subject to the following condition(s): 1) That the square footage shall be a maximum of 23, 279 square feet 2) That prior to the issuance of any development permits, plans shall be submitted showing the location and design of proposed buildings, the location and design of accessory parking areas, garbage enclosures, fencing, lighting, pedestrian/bicycle amenities and landscaping to the Director of Planning, Property and Development for plan approval prior to the issuance of any building or development permits, and thereafter to be maintained to the satisfaction of the Director of Planning, Property and Development 3) That the plans submitted for plan approval shall be in substantial conformance with plans submitted and attached hereto and identified as Sheets 1-3 for File No. DCU 11-176975/C, dated November 25, 2011

REASON FOR THE REPORT

The Report is being submitted for the Committees consideration of the development application at the Public Hearing.

IMPLICATIONS OF THE RECOMMENDATIONS If the recommendations of the Urban Planning Division are concurred in, a development permit can be issued.

CONSULTATION In preparing this Report there was consultation with: N/A

SUBMITTED BY

Department Division Prepared by Date: File No.

Planning, Property and Development Urban Planning Michael Robinson, AICP, MCIP December 14, 2011 DCU 11-176975/C

APPENDIX A DATE: FILE: RELATED FILES:

COMMUNITY: NEIGHBOURHOOD #: SUBJECT:

December 14, 2011 DCU 11-176975/C DCU 108460A/2011C, DAV 108464A/2011C, DCU 150078/2008C, DAV 150105/2008C, DAV 547/98B, DAV 340/97D, DAV 561A/90, DCU 169A/90, DAV 110/87 DASSF 589/11 City Centre Community 1.117 For a Conditional Use under Zoning By-Law No. 200/2006 to permit the expansion of a retail sales use exceeding a gross floor area of 5,000 square feet (464.5 sq m) through the construction of an 13,231 square foot (1229.16 sq m) addition for a total of 23,279 square feet (2162.7 sq m). 43 Osborne ST LOT 23/24 PLAN 27379 42 ST B SUBJ TO ROW FOR ALL PURPOSES & AS APPURT TO LOT 22 PL 27379 OVER & UPON SAID LOT 23 LOT 25 LOT 21 PLAN 27379 42 ST B LOT 22 PLAN 27379 42 ST B TOG WITH ROW FOR ALL PURPOSES & AS APPURT TO SAID LOT 22 OVER & UPON LOT 23 PL 2737 Brock Feenstra MMM Group 93 LOMBARD AVE SUITE 111 WINNIPEG MB R3B 3B1 SHOPPERS REALTY INC. 243 CONSUMERS RD TORONTO ON M2J 4W8 Approval, with conditions

LOCATION: LEGAL DESCRIPTION:

APPLICANT:

OWNER:

RECOMMENDATION:

CRITERIA FOR APPROVAL Pursuant to Section 247(3) of the City of Winnipeg Charter, a Conditional Use application can be approved for posters if the proposed development: (a) is consistent with Plan Winnipeg and any applicable secondary plan; (b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; and (d) is compatible with the area in which the property to be affected is situated. SITE DESCRIPTION The subject property, which is zoned C2 Commercial (PDO-1 Neighbourhood Main Streets), is located at the southwest corner of Osborne Street and Roslyn Road in the Osborne Village neighbourhood of the Fort Rouge East Fort Garry ward. North: Roslyn Road, then a commercial use zoned C2 Commercial (PDO-1 Neighbourhood Main Streets) South: Commercial use zoned C2 Commercial (PDO-1 Neighbourhood Main Streets)

East: Osborne Street, then commercial uses zoned C2 Commercial (PDO-1 Neighbourhood Main Streets) West: Commercial use zoned C2 Commercial (PDO-1 Neighbourhood Main Streets) BACKGROUND Previous applications for the subject property are as follows: DAZ 214/1997 City Council approved the rezoning of the subject site from RM-7 MultiFamily Residential District to C1.5 Commercial District to allow for the development of a drug store DCU 150078/2008C The Board of Adjustment approved a conditional use to allow for a 1,614 square foot addition of a mezzanine. This mezzanine addition was never constructed. DCU 108460/2011C Appeals Committee granted approval of a conditional use to allow for a 8,522 square foot addition of a second storey. This addition is not being undertaken. DAV 108464/2011C Appeals Committee granted approval of a variance to allow for the addition of a commercial building to permit 23 parking stalls instead of 53 stalls. DESCRIPTION OF THE PROPOSED DEVELOPMENT Shoppers is proposing a 13,231 square foot expansion to their existing drug store in Osborne Village. This expansion involves acquiring the two adjacent properties to the south, demolishing the existing buildings on those properties, and an expansion of the existing building area from 10,048 square feet to a total building footprint of 17,648 square feet. A second floor is intended to be added above the new retail store expansion area and will provide an additional 5,631 square feet of storage, employee, and office space. Reason for application In the C2 Commercial (PDO-1 Neighbourhood Main Streets), retail stores over 5,000 square feet require a conditional use. ANALYSIS AND ISSUES Osborne Village Neighbourhood Plan The proposed development is consistent with the Osborne Village Neighbourhood Plan. The two sections of the Plan that are most applicable to this development proposal are Section 3.0, Character Element, and Section 5.0 Commercial Element. A more detailed summary of how it complies is found in Appendix A. Previous development application The previous development application for Shoppers, which was approved earlier this year, included an expansion of 8,522 square feet, for a total size of 18,570 square feet. The previous development included 12,638 square feet of retail space and a total of 23 parking stalls. As previously mentioned, this application was approved at Appeals Committee.

Compared to the previous application, the new proposal has roughly the same amount of retail square footage. (See Appendix B for square footage breakdown) However, it offers several improvements over the previous proposal: 6 more parking stalls (29 stalls instead of 23 stalls) Removal of the garbage dumpster with the installation of a garbage room inside the building New loading dock, which will eliminate truck deliveries from Roslyn Road

Removing the dumpsters, adding the loading dock, and removing the cantilevered second level over the parking area will result in better traffic flow and site lines through the parking lot. Additionally, given the removal of the cantilevered second level, which was + 35 feet high, the new proposal will have a less imposing massing profile from Roslyn Road. Plan Approval Conditions are included requiring final plan approval, to address design details (condition #2). However, it is expected that the final design shall be substantially similar to what has already been submitted to the City (condition #3). REASONS FOR RECOMMENDATIONS In the context of Section 247(3), the Urban Planning Division recommends approval for the following reasons: (a) is consistent with Plan Winnipeg and any applicable secondary plan; (b) does not create a substantial adverse effect on the amenities, use, safety and convenience of the adjoining property and adjacent area, including an area separated from the property by a street or waterway; and (d) is compatible with the area in which the property to be affected is situated. The development complies with the Osborne Village Neighbourhood Plan The development provides several improvements over the previous development, which was approved by Appeals Committee in May 2011 (DCU 11-108460C & DAV 11-108464C)

RECOMMENDED CONDITIONS OF APPROVAL 1) That the square footage shall be a maximum of 23, 279 square feet 2) That prior to the issuance of any development permits, plans shall be submitted showing the location and design of proposed buildings, the location and design of accessory parking areas, garbage enclosures, fencing, lighting, pedestrian/bicycle amenities and landscaping to the Director of Planning, Property and Development for plan approval prior to the issuance of any building or development permits, and thereafter to be maintained to the satisfaction of the Director of Planning, Property and Development 3) That the plans submitted for plan approval shall be in substantial conformance with plans submitted and attached hereto and identified as Sheets 1-3 for File No. DCU 11-176975/C, dated November 25, 2011 This Report Submitted by:

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Planning, Property and Development Department Urban Planning Division Report Prepared by: Michael Robinson, AICP, MCIP PPD File # DCU 11-176975/C

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Figure 1: Aerial Photo (Flown in 2009)

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Appendix A Osborne Village Neighbourhood Plan Applicable Policies

Policy Section 3 Character Policies 3.1.1 Character Urban Form & Design Comply (Yes or No)

3.1.1.A - Intensification and infill projects will be consistent in design with the street pattern and architectural character of existing areas. Existing patterns of streets, blocks, and private or public open spaces will be respected 3.1.1.B.1 - Orienting buildings to the street to restore traditional neighbourhood character. New buildings are to be located to the front and corner side property lines and have a street front orientation 3.1.1.B.2 - Respecting the traditional character of the area and surrounding properties in terms of pedestrian orientation, mass and scale of surrounding properties, compatible building materials, orientation of entrances to the street, and incorporation of compatible alignment, setbacks, and height of building(s) along the street 3.1.1.B.3 - Providing pedestrian access at the street level, and locating parking, loading, and service entrances at the rear of buildings 3.1.1.B.4 - Having consideration for light, view, and privacy of adjacent buildings and areas 3.1.1.C.1 - Ensuring pedestrian access is a prominent feature in site design 3.1.1.C.2 - Ensuring building design reinforces activity and vitality at the ground level through the use of architectural elements and accommodate features to create interest at the street level 3.1.1.C.3 - Ensuring building design elements that are consistent with surrounding properties including materials, finishing, signage, placement of windows and doors, and height and massing of buildings 3.1.1.C.4 - Ensuring sensitive design that clearly defines public, semi-private, and private space

Yes. By adding a second storey to the building and breaking up the facade into three separate components with three different roof heights and wall planes, the building will read, from the street, as a series of smaller buildings - addressing the issue of compatible mass and scale with surrounding properties.

Yes. Yes. By adding a second storey to the building and breaking up the facade into three separate components with three different roof heights and wall planes, the building will read, from the street, as a series of smaller buildings addressing the issue of compatible mass and scale with surrounding properties. Yes Yes. It will not effect light, view, and privacy of adjacent properties Yes. They will be keeping two pedestrian entrances; one on Osborne and one in the rear. Having two main doors is a very unique quality to what other Shoppers buildings usually provide. Yes. Most windows at ground level will be transparent, allowing pedestrians to look into the store. Windows which are not transparent will have panels depicting the history of Osborne Village, which will create visual interest. Yes. The building is sensitive to the existing context in terms of materials and finishing (masonry), signage (pedestrian oriented fascia signage), placement of windows and doors (at street level), and height and massing of building (massed like a series of smaller buildings)

N/A

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3.1.1.C.5 - Providing wider sidewalks in active areas to accommodate pedestrian traffic, particularly where outdoor seating and retail activities are to occur 3.1.1.C.6 - Encourage the development of gathering places and active areas, such as pedestrian plazas, outdoor seating areas, and patios at prominent, highly visible locations 3.1.1.C.7 - Signage will be primarily oriented towards the pedestrian 3.1.2.A - Encourage mixed use buildings in Commercial and Mixed Use areas, with active commercial uses at street level and commercial, office, live/work units, and residential uses above 3.1.3.A - Development should reinforce existing view corridors and street vistas, including view corridors and vistas of the Red & Assiniboine rivers, the Downtown, and prominent landmarks 3.1.3.B - Encourage preservation of existing mature canopy shade trees and natural areas through good design 3.1.4.A - The incorporation of concepts of Universal Design and CPTED into building, streetscape, and site design is strongly encouraged 3.1.4.B - Encourage the use of green design principles, such as the use of sustainable building design, and the utilization of green roofs 3.1.4.C - Ensure new buildings are designed and developed in a manner that considers future reuse, and not solely designed and built for only one specific use or user

Yes. The building addition will be setback slightly from the Osborne Street property line to allow for a bicycle stand, bench, and landscaping. The existing building is also setback from the Osborne Street property line.

N/A Yes. According to the rendering, there will be no additional signage. All current signage is fascia signage that meets the intent of this policy.

Yes. The proposed development will have some office space on the second level.

N/A N/A Yes. The project incorporates a pedestrian crosswalk with ramps across the parking light and upgraded lighting, to make the parking lot safer. In addition, the building provides significant transparency along all street elevations.

To be determined at plan approval Yes. The building is designed so that if it was subdivided for multiple uses in the future, it would appear as three separate storefronts.

Policy Section 5 Commercial Policies 5.1.1 Common Commercial Policies 5.1.1.A Focus new commercial development that serves both local and broader needs, including a wide range of retail, restaurants, entertainment, professional, financial services, and limited industrial businesses in the commercial category areas 5.1.1.B - Encourage mixed use building combining commercial, office, residential, and live/work units

Comply (Yes or No)

Yes. Shoppers meets the needs of the local population. As a 24 hour location, it also attracts clientele from outside Osborne Village. Yes. The proposed development will have some office space on the second level.

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5.1.1.C - Encourage commercial development to achieve a pedestrian oriented character and reinforce the relationship between buildings and the street 5.1.1.D - Encourage gathering places, such as pedestrian plazas, outdoor seating areas, and patios 5.1.1.E - Require new commercial development that is adjacent to residential to minimize negative impacts on the residential district, by mitigating the impacts of parking, loading zones, refuse collection, vehicle access, and other issues via site design, buffering, setbacks, and landscaping 5.1.2 Village Character Commercial 5.1.2.A - Encourage a mix of day-to-day and special purpose shopping, dining, and entertainment services to meet the needs of village residents and visitors 5.1.2.B - Encourage mixed use buildings, with ground floors predominantly occupied by street oriented commercial uses such as retail, restaurant, entertainment, and personal services. Upper floors should contain office, professional services, live/work units, and residential uses 5.1.2.C - Development will be pedestrian oriented in form by requiring that buildings maintain the traditional building line and height at the street. Periodic setbacks not to exceed 25% of the building faade may be considered for the purpose of accommodating public spaces, plazas, cafes, outdoor seating and dining areas, and other amenities 5.1.2.D - Buildings fronting onto River, Stradbrook, McMillan, and Corydon Avenues may have additional setbacks for the purpose of accommodating public open spaces, plazas, cafes, outdoor seating and dining areas, and other amenities 5.1.2.E - Development along Osborne Street, River Avenue, Stradbrook Avenue, Wardlaw Avenue, Gertrude Avenue, McMillan Avenue, and Corydon Avenue will be characterized by street oriented retail, entertainment, and restaurant/caf use: 5.1.2.F - New development and additions will have a minimum of two storeys and a maximum of four storeys

Yes N/A

Yes. The new proposal offers improvements in loading, refuse collection, and parking.

Yes. Shoppers meets the needs of the local population. As a 24 hour location, it also attracts clientele from outside Osborne Village.

Yes. The proposed development will have some office space on the second level.

Yes

N/A

Yes Yes

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Appendix B Comparison between current proposal and previous proposal (May 2011)
Current Proposal 13,344 sq ft 4,880 sq ft 1,794 sq ft Previous Proposal (May 2011) 12,638 sq ft `2,327 sq ft 1,035 sq ft

Sales floor Storage Office/staff

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Exhibit 6 referred to in File DCU 176975/2011C

17

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