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HomeMy WebLinkAboutDSD-18-156 - A 2018-123 - 108 Ahrens St W1 Staff Report i�TTCH� Nf R Community Services Department www kitchener cn REPORT TO: Committee of Adjustment DATE OF MEETING: December 11, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: December 4, 2018 REPORT #: DSD -18-156 SUBJECT: AMENDMENT - A 2018-123 — 108 Ahrens Street West Applicant — Brandon Flewwelling / GSP Group Inc Owner —The Allen Building Inc Approval with Conditions REPORT Planning Comments: At the Committee of Adjustment meeting of November 19, 2018, the original variance request to permit an existing industrial building to have 100% office use rather than the maximum permitted 25% of the gross floor area was not supported by staff. The application was deferred in order for the applicant to discuss further with staff. After a brief discussion, it was determined that 65% office use would be supported by staff and the applicant agreed with this amendment. The amendment is noted below: The owner is requesting permission for an existing industrial building to have 65% office use rather than the maximum permitted 25% of the gross floor area. 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 offers the following comments. Office use The proposed variance meets the general intent of the Official Plan. The intent of the land use designation is to provide for a broad range of industrial employment uses as well as permitting small freestanding offices in mixed industrial -residential areas and providing locational opportunities for small incubator industries. Some areas in this designation act as a buffer or transition area between more intensive industrial uses and residential uses and the subject property is located across the street from a residential zone. The existing building is divided into multiple tenants and it functions similar to having small freestanding office uses and small incubator tenants. Permitting an increase from 25% to 65% for general `office' meets the intent of the Official Plan. The proposed variance meets the general intent of the Zoning By-law. As previously noted, some of the currently permitted M-2 uses are similar to general `office' use, such as research and development establishment; scientific, technological or communications establishment; surveying and engineering, planning or design business. The applicant has advised that there is no specific tenant requesting 100% general `office' use but that the owner wishes to have flexibility in renting his units. Currently there are fourteen units in the building. The request to add 65% general `office' use would open up the building to uses such as a law office, travel agent or financial consultants. Increasing the general `office' use but limiting it to 65%, staff are of the opinion that the intent of the Zoning By-law is met. In addition, as discussed with the applicant, it is recommended that a condition be implemented to limit any individual `office' use to a maximum of 250 square metres. The proposed variance is minor and appropriate for the development of the property and streetscape. Currently there are multiple units located in the building. Some of these units may be occupied by office - type uses that are already permitted in the M-2 zone, such as an engineering, planning or design businesses. Occupying the building with up to 65% general `office' use would not appear to have an impact on the building or surrounding streetscape. The applicant is advised that when the new Zoning By-law is approved, office use will likely become legal non -conforming. Based on the foregoing, Planning staff recommends that the amended variance noted above, and variances #2 to #7 requested in the original staff report (and restated below in alphabetical order), be approved subject to the conditions noted below. RECOMMENDATION: That application A 2018-123 requesting permission, and as amended by this report: a) to have an existing industrial building to have 65% office use rather than the maximum permitted 25% of the gross floor area; b) to provide off-street parking based on a rate of 1 space per 45 square metres, rather than individual parking requirements, for the following uses: artisan's establishment; biotechnical establishment; building material and decorating supply sales; canine or feline grooming or training; computer, electronic and data processing business; craftsman shop; financial establishment; garden centre and nursery; office; printing establishment; private club or lodge, union hall; repair service; research and development establishment; sale, rental or service of business machines and office supplies; scientific, technological or communications establishment; surveying, engineering, planning or design business; tradesman or contractor's establishment and veterinary services; c) for a lot with a width of 6.96 metres rather than the required 15 metres; d) for a front yard setback of 1 metre on Breithaupt Street rather than the required 6 metres; e) for a side yard abutting Ahrens Street West of 0.27 metres rather than the required 6 metres; f) for a rear yard setback of 0.26 metres rather than the required 7.5 metres; g) and, to permit an artisan's establishment whereas the M-2 zone does not permit an artisan's establishment as a permitted use, be approved, subject to the following conditions: 1) That a Zoning (Occupancy) Certificate be submitted to the Planning division for any and all future uses; 2) That any individual `artisan's establishment' or `office' use(s) be limited to a maximum of 250 square metres; 3) That a building permit is obtained from the Building division for any future interior renovations; 4) That 5 Class A and 3 Class B bicycle parking spaces be provided and noted on the Site Plan; 5) That the Site Plan be updated to the satisfaction of the Manager of Site Development and Customer Service; and, 6) That the above noted conditions # 4 and 5 be fulfilled no later than May 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner y fY� t Staff Report i\1 R Community Services Department www.ki[chenercv REPORT TO: Committee of Adjustment DATE OF MEETING: November 20, 2018 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Sheryl Rice Menezes, Planning Technician — 519-741-2200 ext. 7844 WARD: 10 DATE OF REPORT: November 14, 2018 REPORT #: DSD -18-156 SUBJECT: A 2018-123 — 108 Ahrens Street West Applicant — GSP Group Inc / Brandon Flewwelling Owner —The Allen Building Inc Refuse Variance #1 and Approve Variances #2 to 7 with Conditions y fY� t REPORT Planning Comments: The property is zoned General Industrial (M-2) in By-law 85-1 and is designated as General Industrial Employment in the 2014 Official Plan. Staff visited the site on November 14, 2018. The owner is requesting permission for an existing industrial building to have: 1) 100% office use rather than the maximum permitted 25%; 2) to provide off-street parking based on a rate of 1 space per 45 square metres, rather than individual parking requirements for the following uses: artisan's establishment; biotechnical establishment; building material and decorating supply sales; canine or feline grooming or training; computer, electronic and data processing business; craftsman shop; financial establishment; garden centre and nursery; office; printing establishment; private club or lodge, union hall; repair service; research and development establishment; sale, rental or service of business machines and office supplies; scientific, technological or communications establishment; surveying, engineering, planning or design business; tradesman or contractor's establishment and veterinary services; 3) on a lot with a width of 6.96 metres rather than the required 15 metres; 4) with a front yard setback of 1 metre on Breithaupt Street rather than the required 6 metres; 5) a side yard abutting Ahrens Street West of 0.27 metres rather than the required 6 metres; 6) a rear yard setback of 0.26 metres rather than the required 7.5 metres; and, 7) to permit an artisan's establishment whereas the M-2 zone does not permit an artisan's establishment as a permitted use. 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 offers the following comments. Office use (variance #1) The proposed variance to permit 100% general `office' use rather than the maximum 25% `office' does not meet the intent of the Official Plan and Zoning By-law. The intent of this land use designation and zoning category is to provide for a broad range of industrial employment uses. It is noted that some of the currently permitted M-2 uses are similar to general `office' use, such as research and development establishment; scientific, technological or communications establishment; surveying and engineering, planning or design business. The applicant has advised that there is no specific tenant requesting 100% general `office' use but that the owner wishes to have flexibility in renting his units. Currently there are fourteen units in the building. The request to add 100% general `office' use would open up the building to being entirely occupied by uses such as a law office, travel agent or financial consultants. At 100% of the floor area, these types of general `office' uses are not considered to be in keeping with the intent of the employment land use designation. A building used for 100% general `office' would be more appropriately located in a commercial zone. The proposed variance is appropriate for the development of the property and streetscape. Currently there are multiple units located in the building. Some of these units may be occupied by office -type uses that are already permitted in the M-2 zone, such as an engineering, planning or design businesses. Occupying the building with 100% general `office' use would likely have little impact on the streetscape. Based on the above, as variance #1 does not meet the intent of the Official Plan or the Zoning Bylaw, staff is not in support of this variance. View from corner of Breithaupt and Ahrens Streets Parking reduction (variance #2) The proposed variance meets the intent of the Official Plan and the Zoning By-law and can be considered minor. This building is located near the downtown and close to transit and residential neighbourhoods, all of which encourage and support tenants using public transit, biking or walking. A Parking Justification and Transportation Demand Management Study (prepared by Paradigm and dated May 2018) has been previously submitted and reviewed by Transportation Planning staff. Based on the study, the variance can be supported by staff provided that bicycle parking spaces are added to the site and noted on the Site Plan. The proposed parking variance is appropriate for the development of the property and streetscape. As noted above, tenants are able to take advantage of other modes of transportation besides using vehicles and this supports a parking reduction. Staff is of the opinion that this request is appropriate for the tenants of the building and for the surrounding neighbourhood. Lot Width and Building Setbacks (variances #3 to 6) The proposed variances meet the general intent of the Official Plan and the Zoning By-law and can be considered minor. The building is existing; however, the property owner has recently purchased some former railway land behind the building. This has resulted in the front lot line and lot width being established along Breithuapt Street, which is the shorter lot line abutting a street. The site continues to operate the same in regards to parking and access. The proposed variances are appropriate for the development of the property and streetscape. As noted above, the site operates the same as it previously functioned. These variances acknowledge an existing situation that has not been a concern in the past nor have any complaints been received. Artisan's establishment (variance #7) The proposed variance meets the general intent of the Official Plan and the Zoning By-law and can be considered minor. The General Industrial Employment designation provides for a broad range of industrial uses and it acts as a buffer or transition area between more intensive industrial uses and residential uses. An artisan's establishment is defined as "an establishment used for the study or instruction of a performing or visual art such as dancing, music or painting or the workplace of an artisan such as a painter, sculptor, photographer, dressmaker or tailor together with the accessory retailing of paintings, sculpture, photography or handcrafts." The addition of an artisan's establishment is similar to the permitted uses in the M-2 zone of `craftsman shop' and `manufacturing and accessory retail'. In addition, staff notes that an artisan's establishment, as defined above, includes businesses that provide lessons, such as dance, painting or music studios. The applicant has advised that there is no specific tenant being considered at this time. As a dance studio, or similar use place of instruction, would not be appropriate for the entire building, staff recommends that the artisan's establishment be restricted to 25% of the building gross floor area. The proposed variance is appropriate for the development of the property and streetscape. As noted above the proposed use is similar and complements already existing uses permitted in the M-2 zone. The applicant is advised that when the new Zoning By-law is approved, the uses for office and artisan's establishment will likely become legal non -conforming. Based on the foregoing, Planning staff recommends that variance #1 be refused and variances #2 to 7 of this application be approved subject to the conditions noted in the Recommendation section below. Building Comments: The Building Division has no objections to the proposed variance provided a building permit for the proposed interior alterations is obtained prior to construction. Please contact the Building Division @ 519-741-2433 with any questions. Transportation Services Comments: Transportation Services has reviewed the parking justification and the requested parking variance and offer the following comments. Transportation Services supports the proposed rate of 1 parking space per 45 square metres for the uses listed in the Application for Minor Variance letter dated October 15, 2018, subject to the following condition: • 5 Class A and 3 Class B bicycle parking spaces should be provided and noted on the plan. Engineering Comments: No comments. Heritage Planning Comments & Environmental Planning Comments: Heritage Planning staff is of the opinion that there will be no adverse impact on the listed properties. The property located at 108 Ahrens St. W is adjacent to 111 Ahrens Street West/135 Breithaupt Street and 100 Ahrens Street West which are listed properties on the Municipal Heritage Register. The Kitchener Cultural Heritage Landscape Study (CHLS) dated December 2014 and prepared by the Landplan Collaborative Ltd. was approved by Council in 2015. The CHLS serves to establish an inventory. The CHLS was the first step of a phased Cultural Heritage Landscape (CHL) conservation process. The owner of the property municipally addressed as 108 Ahrens Street West is advised that the property is located within the Warehouse District CHL and adjacent to the Canadian National Railway Line CHL. The owner and the public will be consulted as the City considers listing CHLs on the Municipal Heritage Register, identifying CHLs in the Official Plan, and preparing action plans for each CHL with specific conservation options. RECOMMENDATION: That application A 2018-123 is requesting permission for an existing industrial building to have 100% office use rather than the maximum permitted 25% be refused; and, That application A 2018-123 requesting permission to provide off-street parking based on a rate of 1 space per 45 square metres, rather than individual parking requirements, for the following uses: artisan's establishment; biotechnical establishment; building material and decorating supply sales; canine or feline grooming or training; computer, electronic and data processing business; craftsman shop; financial establishment; garden centre and nursery; office; printing establishment; private club or lodge, union hall; repair service; research and development establishment; sale, rental or service of business machines and office supplies; scientific, technological or communications establishment; surveying, engineering, planning or design business; tradesman or contractor's establishment and veterinary services; on a lot with a width of 6.96 metres rather than the required 15 metres; with a front yard setback of 1 metre on Breithaupt Street rather than the required 6 metres; a side yard abutting Ahrens Street West of 0.27 metres rather than the required 6 metres; a rear yard setback of 0.26 metres rather than the required 7.5 metres; and, to permit an artisan's establishment whereas the M-2 zone does not permit an artisan's establishment as a permitted use, be approved, subject to the following conditions: 1) That a Zoning (Occupancy) Certificate be submitted to the Planning division for any and all future uses; 2) That `artisan's establishment' use(s) be limited to a maximum of 25% of the gross floor area of the building; 3) That a building permit is obtained from the Building division for any future interior renovations; 4) That 5 Class A and 3 Class B bicycle parking spaces be provided and noted on the Site Plan; 5) That the Site Plan be updated to the satisfaction of the Manager of Site Development and Customer Service; and, 6) That the above noted conditions be fulfilled no later than May 1, 2019. Any request for an extension must be approved in writing by the Manager of Development Review (or designate) prior to completion date set out in the decision. Failure to fulfill these conditions will result in this approval becoming null and void. Sheryl Rice Menezes, CPT Planning Technician (Zoning) Juliane von Westerholt, BES, MCIP, RPP Senior Planner Region of Waterloo November 5, 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 No.: D20-20/VAR KIT GEN Re: Committee of Adjustment Meeting on November 13, 2018, City of Kitchener Regional staff have reviewed the following Committee of Adjustment applications and have following comments: 1. FN 2018-003 — 626 Blair Creek Drive — No Concerns 2. SG 2018-013 — 396 Victoria Street North —At this location the Regional Official Plan designates Regional Road 55 (Victoria Street), Bruce Street to Westmount Road, at 26.213 metres. Should a development application be submitted for this property, an approximate 3 metre road widening would be required. As such, we would not support having the sign located within the future road widening. We request that the sign be relocated outside of the designated road allowance. 3. A 2018-116 — 359 Alice Avenue — At this location, the subject property appears to have the municipal sidewalk within their private property. Regional staff would like to work with City staff and the property owner to have the portion of the lands containing the sidewalk be put in Regional ownership. The Region can contribute up to $1800.00 to be refunded back to the property owner to assist with the cost for the reference plan. 4. A 2018-117 — 170 Weber Street East — No Concerns 5. A 2018-118 — 392 Fischer Hallman Road — Any proposed changes/alterations to the access on Regional Road 58 (Fischer -Hallman Road) will require a Regional Road Access Permit ($100 Fee). Should the Committee of Adjustment approve the minor variance, we respectfully request that a Regional Road Access Permit Document Number: 2861575 be a condition of approval. 6. A 2018-119 — 515 Riverbend Drive — No Concerns 7. A 2018-120 — 57 Chestnut Street — No Concerns 8. A 2018-121 — 87 Dekay Street — No Concerns 9. A 2018-122 — 410 Rivertrail Avenue — No Concerns 10. A 2018-123 — 108 Ahrens Street West — No Concerns Document Number: 2861575 11. A 2018-124 — 3 Katherine Crescent — No Concerns 12. A 2018-125 — 810 Frederick 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 14-046 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, Monirul Islam, P.Eng. Transportation Planner (519) 575-4435 400 Clyde Road, P.O. Box 729 Grand River Conservation Authority Cambridge, Ontario N1 R 5W6 Resource Management Division Phone: (519) 621-2761 ext. 2307 Beth Brown, Supervisor of Resource Fax: (519) 621-4945 Planning E-mail:bbrown@grandriver.ca PLAN REVIEW REPORT: City of Kitchener Holly Dyson DATE RE November 6, 2018 YOUR FILE: See below Applications for Minor Variance (Sign & Fence): FN 2018-003 626 Blair Creek Drive SG 2018-013 396 Victoria Street North Applications for Minor Variance: A 2018-116 359 Alice Avenue A 2018-117 170 Weber Street East A 2018-118 392 Fischer Hallman Road A 2018-119 515 Riverbend Drive A 2018-120 57 Chestnut Street A 2018-121 87 Dekay Street A 2018-122 410 Rivertrail Avenue A 2018-123 108 Ahrens Street West A 2018-124 3 Katherine Crescent A 2018-125 810 Frederick Street Applications for Consent: B 2018-117 B 2018-118 B 2018-119 & B 2018-120 GRCA COMMENT*: 95 King Street West 543 Weber Street East 11 Chicopee Park Court 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, ,E&tk 6,1r� Beth Brown Supervisor of Resource Planning Grand River Conservation Authority BB/Iw "These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1 Grand River Conservation Authority.