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Home My WebLink AboutDSD-20-021 - A 2020-008 - 141 Whitney PlStaff Repoil Development Services Department www.kitch ever. ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 18th, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Nicholas Godfrey, Technical Assistant — 519-741-2200 ext. 7071 WARD: 9 DATE OF REPORT: February 4th, 2020 REPORT #: DSD -20-021 SUBJECT: A2020-008 — 141 Whitney Place Applicant — Jeremy Willis, Becky DeLeo Property Owner — The Globe Studios Approve with Conditions Subject Lands: 141 Whitney Place REPORT Planning Comments: The subject property located at 141 Whitney Place is zoned Existing Use Zone (E-1) and General Industrial Zone (M-2) with Special Provision 1R and 159U in Zoning By -Law 85-1. The land is designated General Industrial and Open Space in the Mill Courtland Woodside Park Secondary Plan. The applicant is requesting permission to allow retail sales of pottery supplies in an existing multi -tenant industrial building, whereas the *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. By-law does not permit general retail sales. The applicant operates "The Pottery Supply House", where they retail clay bodies, glazes, tools, raw materials, books and equipment related to the creation of pottery. While retail uses that are accessory to manufacturing are permitted in the M-2 zone, the variance would add a general retail use that is not permitted in both zoning sections E-1 and M-2. The current building at 141 Whitney Place is mixed-use, and houses a number of different uses including ice cream manufacturing and sales, artisan's workshop spaces, and a theatre. City Planning staff conducted a site inspection of the property on February 7th, 2020. Site Visit: 141 Whitney Place 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. 1. Meets the General Intent of the Official Plan Test The subject property is divided between General Industrial and Open Space in the Mill Courtland Woodside Park Secondary Plan, with the majority of the subject lands located within the Open Space designation. The Open Space designation is intended to reserve lands for district or city scale recreational facilities, as well as to identify areas unsuitable for developments due to hazards. In this case, the subject lands have been identified as being within the flood fringe of Schneider Creek. Alternative uses may be permitted within this designation, provided that the use is compatible with surrounding land use designations and that the uses do not prevent a risk to life and property. The proposed use would not be incompatible with the surrounding area, as the property contains uses such as food manufacturing, theatre space and studio space for artisans. Therefore, the requested variance under the Open Space designation within the Mill Courtland Woodside Park Secondary plan meets the general intent of the secondary plan. Open Space / E-1 Zone rYP to 011 rr1*Q Stx k7 dntatk.7r Doors doors MI to M31 a,vsting m Tan%N, Hxce%Ml5 and M16_ WwhwAy)ry& For era Ang oras "a, sen shetrLAgc "I N 011"--v, General Industrial / M-2 Zone Approximate Location of Unit within 141 Whitney Place A smaller portion of this use is within the General Industrial zone (see above). The general intent of the General Industrial zone is to provide a buffer between industrial and residential uses, as well as to allow the continuation of neighbouring heavy industrial uses. This designation largely prohibits commercial uses in industrial areas in order to preserve their continuation as employment lands. The requested variance under the General Industrial zone in the Mill Courtland Woodside Park Secondary Plan would not be minor, and would be introducing a use that is not provided for. However, only a small portion of the floor space of this proposed use falls within this zone, therefore the requested variance meets the general intent of the Secondary Plan. It should be noted that City Planning staff is currently undertaking a review of the area designated in the Mill Courtland Woodside Park Secondary plan, which will be known as the Cedar Hill and Schneider Creek Secondary Plan. This review will re -designate the area between Innovation Employment and Natural Heritage. The majority of the area will be within the Natural Heritage area, while the minority will be within Innovation Employment. The Natural Heritage designation is intended to protect natural heritage features, as well as to limit future development. This use is within a pre-existing development, and therefore the impact on natural features would be largely non-existent. There is no new development proposed within this variance. Finally, the proposed Innovation Employment designation will allow greater flexibility in permitted uses, especially regarding uses that are related to creative production industries, artisan's establishments, studio (art and music), craftsman shop, shared facilities, and other such creative professional uses. As a small portion of the site falls within this designation, and because it permits uses that are compatible with artisan's establishments, this variance adds a use that may be permitted as -of -right by proposed forthcoming land use changes. The pottery sales would be compatible with the rentable artisan's workshop space in neighbouring units. 2. General Intent and Purpose of Zoning By-law Test The subject property is divided between Existing Use Zone (E-1) and General Industrial Zone (M-2). The general intent of the Existing Use Zone is to prohibit uses that did not exist on the date that the E-1 Zone was applied to the land, or to allow a use within the same type of use as the use lawfully existing on, and was continually used for, since the date that the E-1 Zone was applied to the land. The current use exists under Zoning Occupancy Certificate #13 130336 as "manufacturing & craftsman shop", and contains a kiln room, studio and storage related to the creation of pottery. As the "craftsman shop" use permits some retail, the proposed variance to permit a stand -a -lone pottery retail use complementary to the needs of current uses on site meets the intent of the zoning by-law. The general intent of the M-2 zone is to permit general light industrial uses and to prohibit noxious industrial uses. The M-2 use does permit some retail sales, limited primarily to building material and decorating supplies, office supplies, monuments, and wholesaling. As a small portion of the proposed use falls within the M-2 use, and because there is already some limited retailing available in the building, the proposed variance meets the general intent and purpose of the zoning by-law. Staff is currently reviewing the zoning by-law through the comprehensive review (CRoZBY), and is proposing to divide the lot between Existing Use Floodplain (EUF-1) and Innovation Employment (EMP -6). The EUF-1 zone will be similar to E-1 zone, and will only recognize existing uses within a floodway or floodplain. As this use is complimentary to an existing use, it would continue to meet the general intent of the new zoning by-law as well. The EMP -6 zone is meant to accommodate a range of high-tech, research and development and other unique employment uses with limited complimentary uses, which will include creative products manufacturing. In the proposed variance, retailing of pottery would be a complimentary use to the artisan's workshops on site. 3. Is the Variance "Minor" Test Staff is of the opinion that requested variance is minor, as the building currently exists as a creative adaptive re -use of an older industrial property, which permits varied uses such as ice cream retail, theatre space, and artisan's workshops. The proposed use will not cause any significant impacts to the subject property or surrounding neighbourhood and has existed at this site for some time. 4. Is the Variance Appropriate Test The requested variance is appropriate for the use of the land, as the proposed use is consistent with and compliments the creative adaptive re -uses occurring at the older industrial property at 141 Whitney. Agency Comments: Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services has no objections to the proposed variance. Engineering Comments: The Engineering Division has no objections to the proposed variance. Heritage Comments: Heritage has no objections to the proposed variance. Environmental Comments: Environmental has no objections to the proposed variance. RECOMMENDATION Based on the foregoing, Planning staff recommends that Minor Variance Application A2020-008 requesting permission to allow retail sale of pottery supplies in an existing multi -tenant industrial building, whereas the By-law does not permit general retail sales, be approved subject to the condition that the owner/applicant obtain a Zoning Occupancy Certificate from the Planning department, be approved subject to the following conditions: 1. That the owner/applicant apply for a Zoning Occupancy Certificate from the Planning department by June 30th, 2020. Nicholas Godfrey, MA Technical Assistant Juliane von Westerholt, MCIP, RPP Senior Planner Region of Waterloo January 29, 2020 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, Sth 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 2) 55 DUKE STREET WEST ANDRIN CITY CENTRE PHASE II 5) 1333 WEBER STREET EAST PAMATA HOSPITALITY INC 6) 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO Re: Committee of Adjustment Meeting on February 18, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-008 — 141 Whitney Place — No Concerns. 2) A 2020-009 — 120, 130, 140 King Street West; 31 Young Street and 55 Duke Street — No Concerns. 3) A 2020-010 — 25 Wellington Street North — No Concerns. 4) A 2020-011 — 23 Forfar Avenue — No Concerns. 5) A 2020-012 — 1333 Weber Street East — No Concerns. 6) A 2020-013 — 544 Bridgeport Road — No Concerns. 7) A 2020-014 — 2121 Hidden Valley Crescent — No Concerns. 8) A 2020-015, 016, 017 & 018 — 23 Burgetz Avenue — No Concerns. Please be advised that any development on the lands subject to the Applications noted above are subject to the provisions of the Regional Development Charge By-law 14-046 or any successor thereof and may require the payment of Regional Development Charges for these developments prior to the issuance of a building permit. The Document Number: 3186251 Page 1 of 2 comments contained in this letter pertain to the Application numbers listed above. If a site is subject to more than one application, additional comments may apply. Please forward any decision on the above mentioned application to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner (519) 575-4500 Ext 3867 Grand River Conservation Authority Resource Management Division Andrew Herreman, Resource Planning Technician PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: February 7, 2020 YOUR FILE: GRCA FILE: A2020-008 — 141 Whitney Place RE: Application for Minor Variance A 2020-008 141 Whitney Place, Kitchener Globe Studios GRCA COMMENT*: 400 Clyde Road, P.O. Box 729 Cambridge, Ontario N 1 R 5W6 Phone: (519) 621-2761 ext. 2228 Fax: (519) 621-4945 E-mail: aherreman@grandriver. ca A 2020-008 The Grand River Conservation Authority (GRCA) has no objection to the above -noted minor variance application. Please see our detailed comments below. BACKGROUND: 1. Resource Issues: Information currently available at this office indicates that the subject property is adjacent to Schneider Creek and also contains the floodplain associated with the Schneider Creek. This reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. A copy of our resource mapping is attached. 2. Legislative/Policy Requirements and Implications: Due to the presence of the above -noted features, the subject property is regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation. As noted above, this reach of floodplain has been designated as a Two -Zone Floodplain Policy Area. In designated Two -Zone Floodplain Policy Areas, the floodplain contains two sections: the floodway and the flood fringe. The floodway is the area of floodplain that is required to pass the flows of greatest depth and velocity. Generally, no new development is permitted within the floodway. The flood fringe lies between the floodway and the edge of the floodplain. Depths and velocities of flooding in the flood fringe are much less than those in the floodway, allowing for development to occur if certain criteria are met. Please be advised that any proposed development on the subject lands must conform to the GRCA Two -Zone Floodplain Policies and the Two -Zone Floodplain Policies outlined in the City of Kitchener Official Plan. Any future development on the subject property will also require the prior issuance of a GRCA permit pursuant to Ontario Regulation 150/06. The permit process involves the submission of a permit application to this office, the review of the application by Authority staff and the subsequent approval/refusal of the permit application by the GRCA. The proposed application requests permission to allow the retail sale of pottery supplies within the existing building. It is our understanding that no internal renovations or external modifications are needed to facilitate the proposed use. As such, the GRCA has no objection to the proposed minor variance application.. NAResource Management Division\Resource Planning\Waterloo Region\KITCHENER\2020\Minor Variance\H2O20-008 - Page 1 of 2 141 Whitney Place\A2020-008 - 141 Whitney Place.docx 3. Plan Review Fees: This application is considered a `minor' minor variance and the applicable plan review fee is $275.00. The applicant will be invoiced in the amount of $275.00 with a copy of this correspondence. We trust this information is of assistance. If you have any questions, or require additional information, please contact the undersigned. Sincerely, Andrew Herreman, CPT Resource Planning Technician Grand River Conservation Authority Encl. cc: Globe Studios — 141 Whitney Place, Kitchener, ON N2G 2X8 Jeremy Willis (email) Becky DeLeo (email) * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority. 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