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Home My WebLink AboutCSD-12-043 - Temporary Occupancy Request - 405 Nyberg Stl Staff Report K~`rc;H~~T~.R Community Services Department www.kitchenerca REPORT T0: Community & Infrastructure Services Committee DATE OF MEETING: March 19, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Katie Anderl, Senior Planner 519-741-2987 WARD(S) INVOLVED: Ward 9 DATE OF REPORT: March 7, 2012 REPORT NO.: CSD-12-043 SUBJECT: TEMPORARY OCCUPANCY FOR BRAUN'S BICYCLES 405 NYBERG STREET OWNER: ERIKA GRIFFIN, ELEANOR GROFF & MARY VICTORIA GROFF RECOMMENDATION: That if City Council supports the request for temporary occupancy for 405 Nyberg Street, the approval be conditional upon the following: "That enforcement of the City's Zoning By-law be waived with respect to warehouse, sale and repair of sporting goods and accessory office uses being located at 405 Nyberg Street, within the existing building and temporary occupancy be approved subject to the uses vacating the location in the event that zone change application ZC121051NIKA is not finally approved; and further, That in the event of failure to vacate, the City's Municipal By-law Enforcement Officer be directed to commence notice of action to remove the illegal use and that any work done to the premises be at the sole risk and responsibility of the owner in the event losses are incurred as a result of the final disposition of this application." REPORT: The attached letter requests that Council consider granting temporary occupancy to Braun's Bicycles at 405 Nyberg Street and to waive enforcement of the zoning by-law. The proposed use includes a warehouse, sale and repair of sporting goods and accessory offices within the existing building. The site currently has sufficient parking to accommodate the proposed use. In accordance with the Temporary Occupancy Policy, staff confirm that: a) A zone change application (ZC12/05/N/KA) has been received and is being processed to add the sale and repair of sporting goods, warehousing, accessory office and a range of other compatible light industrial uses to the site. 3-1 b) The proposed use complies with Official Plan policy. The lands are designated Open Space. The designation recognizes that the lands are located within the Floodway portion of the floodplain, but that they contain existing buildings and uses. The policies permit existing uses and alternative uses subject to a zone change application, provided that the new use is compatible with surrounding land use designations, no new dwelling units are created, the use presents less of a risk to life and property in the event of flooding, the new use is not specifically prohibited, and approval is received from the Grand River Conservation Authority. Staff are of the opinion that the proposed temporary uses are compatible with the nearby General Industrial land use designations. There are no dwelling units being created. The use does not increase the risk to life or property in case of flooding and is not specifically prohibited. The GRCA has no objections to the proposal at this time. c) Appropriate resolutions concerning time limits, and risk and responsibility for vacating the premises are proposed in the recommendations of this report; d) No building permits are required at this time. Once the zone change application has been approved, staff can consider the issuance of building permits, and minor site plan approval for improvements to the parking lot. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: Temporary occupancy supports businesses and development of our community and aligns with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNITY ENGAGEMENT: In accordance with City Council's Policy I-1155, as amended, public notification is not required for a temporary occupancy request. ACKNOWLEDGED BY: Mike Selling, Acting Deputy CAO Community Services Department Attachments Appendix A: Letter of Request Appendix B: Council Policy I-1155 (Temporary Occupancy) z 3-2 CSD-12-043 Appendix A - Letter of Request February 29, 2012 City of Kitchener a~ ~r~~ frl~..~~ ~=~~~~ ~ ;~~~~,~;°~~r~,l,~b~ T4-._ Corporate Services Department Office of City Clerk, 2t" Floor 200 King Street West Kitchener, Ontario N2G 4G7 Attention: Randy Grosse City Clerk PLANNERS URBAN DESIGNERS Dear Mr. Grosse: LANDSCAPE ARCHITECTS Re: Request for Temporary Occupancy 405 to 409 Nyberg Street Braun's is Bicycles Project No.: 11086 On behalf of Braun's is Bicycles, please accept this request for Temporary Occupancy for the above-noted address in accordance with Council Policy Resolution I-1155. Braun's is Bicycles, established in 1925, is a long standing Kitchener business, and has successfully operated at their 27 Scott Street location for a number of years. However, their current location can no longer accommodate their existing operations and Braun's has executed a Leasing Agreement for the Nyberg Street property with the option to formally purchase the property upon approval of a Zone Change Application to permit sales, service and warehousing operations on site. KITCHENEROFFICE The property is currently zoned Existing Use Zone (E-1) in the City of GSPGrou Inc. Kitchener Zoning By-law. Permitted uses include those that lawfully existed on P 72Victoria StreetS., Suite 201 and continually used for, since the date that the E-1 Zone was applied to the Kitchener,®N N2G~Y9 lands, a use within the same type of use as the use lawfully existing on the P 519.5b9.8SB3 date that the E-1 Zone was applied, and a home business. F 519.569.563 HAMILTON OFFICE Prohibited uses in the E-1 Zone including dwelling units, hospitals, GSPGrouplnc. educational establishments, daycare facilities, residential care facilities, and 29 Rebecca Street, Suite 2ao any uses related to chemical, hazardous or toxic materials. Hamilton, ON LSR 1 B3 P 905.572.777 www.gspgroup.ca CSD-12-043 Appendix A - Letter of Request Council Policy I-1170 allows for aone-time zone change application for properties located within the Existing Use Zone. In order to permit the Sale of Sporting Goods, Braun's submitted a Zone Change Application to the City of Kitchener on February 14, 2012. It is our understanding that the Zone Change Application is currently in processed by City staff. However, Braun's would I i ke to relocate thei r existi ng operations to Nyberg Street by Apri I 1 and as such, requires the granting of temporary occupancy by City of Kitchener Council. I trust this letter is sufficient to proceed with Braun's request for temporary occupancy at 405 to 409 Nyberg Street. Please don't hesitate to contact me if you have any questions, or require further information. Yours truly, GSP Group Inc. ~vuQ.{~i~ Baiua d a.(.? Kristen Barisdale, MCIP, RPP Senior Planner cc. Katie Anderl, City of Kitchener Robert Braun, Braun's is Bicycle 3-4 CSD-12-043 Appendix 6 -Council Policy I-1155 COUNCIL POLICY RES~LUTI~N POLICY NUMBER: I-1155 POLICY TYPE: LAND USE PLANNING SUBJECT: TEMPORARY OCCUPANCY DATE: OCTOBER 22, 1984 amended: JUNE 15, 1995 amended: MAY 27, 2002 POLICY CONTENT: That the following policy be adopted in respect to requests for temporary occupancy: 1. That acceptance of all requests for ""temporary occupancy"" authorizations be subject to: a) confirmation that a zone change application has been filed with the Development and Technical Services Department. b) Council being advised of compliance with the Official Plan. c} resolutions continuing to include statements regarding time limits, risk and liability responsibility in vacating premises, etc., as in previous Council"s approvals. 2. That all requests for temporary occupancy for uses not in compliance with the Official Plan, unless incompliance with an Official Plan Amendment as approved by Council, be refused. 3. Since the Ontario Building Code prohibits the issuance of a building permit not in compliance with municipal by-laws, that all requests for temporary occupancies requiring building permits in order to accommodate illegal uses be refused. KITCHENER Page 1 of 1 MAY 2002 3-5