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HomeMy WebLinkAboutDSD-20-044 - A 2020-021 - 44 Beasley DrStaff Report Development Services Department 1 K�_R www.ki tch en er. c a REPORT TO: Committee of Adjustment DATE OF MEETING: March 17, 2020 SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157 PREPARED BY: Richard Kelly-Ruetz, Planner — 519-741-2200 ext. 7110 WARD: 10 DATE OF REPORT: March 6, 2020 REPORT #: DSD -20-044 SUBJECT: A2020-021 —44 Beasley Drive Recommendation — Refuse r "r Subject Property,1 W WE WE rp VON y 1 Location Map: 44 Beasley Drive REPORT The subject property at 44 Beasley Drive is zoned Business Park Service Centre Zone (B-3) in Zoning By-law 85-1 and zoned General Business Park Employment (EMP -5) with Site Specific Provision (82) in Zoning By-law 2019-051, the latter of which is currently under appeal. In the City's 2014 Official Plan, the property is designated Business Park Employment. A previous minor variance was approved in 2014 (A2014-081) to permit 100% office in the building; Site Specific Provision (82) was applied to the property in Zoning By-law 2019-051 to carry forward the 100% office permissions from the 2014 approval. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Background — New Zoning By-law 2019-051 Between 2014 and 2019, the City of Kitchener undertook the Comprehensive Review of the Zoning By- law (CRoZBy) which implemented, through zoning, the policies of the City's 2014 Official Plan for most non-residential lands in the City. An extensive public engagement program was followed which included providing written notice to over 3,700 properties, holding 10 open houses, receiving over 1,800 individual comments, providing over 400 formal responses letters from staff, and holding 2 statutory public meetings. The owner of the subject property at 44 Beasley Drive was among the many property owners included in the zoning by-law review that received notice and provided comment on the content of the new Zoning By-law. The subject property's base zone was proposed to be changing from Business Park Service Centre Zone (B-3) in Zoning By-law 85-1 to the comparable General Business Park Employment (EMP - 5) zone. As part of the change in zoning and the implementation of the policies of the 2014 Official Plan, various uses were removed, modified, and/or added. For example, some uses that were removed include: commercial recreation, convenience retail, hotel, dwelling unit, and studio. These uses are more commercial in nature and not contemplated in the 2014 Official Plan for the subject property. The current property owner was made aware of the changes, and provided comments to and received written responses from the CRoZBy team between 2015 and 2017. Zoning By-law 2019-051 was approved by Council in April 2019 and included the subject property's base EMP -5 zone. The property owner did not delegate to Council when the By-law was passed and is not among the appellants to the By-law. Variance Request The applicant is seeking to restore uses on the property that were previously permitted by the B-3 zoning in Zoning By-law 85-1. The applicant has indicated they do not have a specific tenant in place for either use. The applicant has requested relief from Section 10.2 of Zoning By-law 2019-051 to permit Commercial School and Light Repair Operation, whereas these uses are not permitted in the EMP -5 zone. As this variance request pertains exclusively to the (new) Zoning By-law 2019-051 and its EMP -5 zoning on the subject property, this report will focus exclusively on By-law 2019-051. Relevant Definitions In Zoning By-law 2019-051, the two (2) requested uses to be added to the property are defined as follows: Commercial School — means the use of a premises where teaching or instruction is offered for academics, arts, crafts, motor vehicle driving, language, modelling, hairdressing, gymnastics, beauty, culture, dancing, music, golf, yoga, martial arts, photography, business or trade, or other similar subjects, but shall not include an adult education school, elementary school, secondary school or post -secondary school. Light Repair Operation — means the use of a building for the servicing or repairing of household articles and appliances, but shall not include heavy repair operation, major equipment supply and service, or automotive detailing and repair operation. Staff notes that `Heavy Repair Operation' is currently a permitted use in the EMP -5 zone and although it is not included as part of the applicant's request, it is worth referencing its definition for Committee's reference: Heavy Repair Operation — means the use of a premises for the servicing or repairing of mechanical equipment including furnace or oil burners; water and air coolers; domestic water heaters; fixtures and equipment and any other like articles; heavy and light construction equipment; industrial and agricultural equipment; and lawn care equipment. Heavy repair operation shall not include a light repair operation, major equipment supply and service, or automotive detailing and repair operation. Planning Comments: Planning Staff conducted a site visit on March 3, 2020 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. 1. General Intent and Purpose of Official Plan Test The subject property is designated Business Park Employment in the Official Plan. This designation applies to lands which are planned as a unit and tend to be regarded as a prestigious location for certain industrial uses due to their need for access to major transportation corridors, high visibility, and distinct identity. In addition to the manufacturing and other employment uses found in the General Industrial Employment designation, there are a range of other permitted uses more commonly found in business parks. As the applicant has requested to add two uses to the property, each use will be examined separately for this test. Commercial School The request to add Commercial School as a use on the subject property does not meet the general intent and purpose of the Official Plan. The permitted uses on the property are listed in the policies of the General Industrial Employment section (15.D.6.17) and the Business Park Employment section (15.D.6.30). A Commercial School is a teaching and/or training establishment. Among all the uses permitted by the Official Plan on the subject property, there are some training facilities permitted: heavy equipment, motorcycle, motor vehicle, truck training and related commercial training establishments. The Commercial School definition in the Zoning By-law expands well beyond these examples by including training facilities for academics, arts, crafts, language, and modelling, among others. Based on the commercial nature of this list, a Commercial School is evidently a commercial use not contemplated by any relevant Official Plan policies for the subject site. However, the Business Park Employment Section does permits a limited range of `complementary service commercial uses'. The next section will examine if Commercial School can be considered as such. Is Commercial School a Complementary Service Commercial Use? Section 15.D.6.30 h) of the Official Plan permits a range of complementary service commercial uses in the Business Park Employment land use designation and provides a list of examples such as: - Restaurants, print shops, computer service facilities, financial establishments, personal services, fitness centres, recreation facilities, day care facilities, health offices, and veterinary services. The Commercial School use is not a `complementary service commercial use'. Complementary service commercial uses are those whose location on the business park lands is a function of their proximity to the traditional business park uses themselves. For instance, a restaurant use is likely to be a destination for employees at nearby businesses. A day care facility can offer child care to parents who are employed nearby. A fitness centre can offer memberships to nearby employees, who may choose to attend prior to, during, or after their working hours. A financial establishment may choose to locate in a business park to be close to their business clients. In contrast, a Commercial School does not share any of these characteristics. Though specific details were not provided with the application, a Commercial School can be a destination in -and -of itself for clientele who could feasibly travel to the business park for the sole purpose of attending courses (etc.) at said Commercial School. This is not the intent of the Business Park Employment lands and permitting such a use would compromise the integrity of the Business Park Employment lands and is not in keeping with the general intent and purpose of the Official Plan. Light Repair Operation The Business Park Employment policies permit most of the uses in the General Industrial Employment designation. This includes the aptly named `repair operations'. Therefore, there may be flexibility in the Official Plan to permit another type of repair operation on the subject property that is not otherwise permitted by the implementing EMP -5 zoning. However, the specifics on the use that the applicant is proposing are not known at this time. Employment lands are among the most important lands to protect and it is important to ensure that any new uses to be added to this zone are employment uses. The definition of Light Repair Operation is broad enough to permit some commercial uses which is not in keeping with the general intent of the Official Plan. Though the General Industrial Employment's permitting of `repair operations' is also broad, Staff is not comfortable permitting Light Repair Operations outright. Staff need more information such as the specific nature of the business to do a balanced review of the proposed use with regards to the Official Plan test. For these reasons, staff recommends that this request be refused until more details can be provided to Planning staff. 2. General Intent and Purpose of Zoning By-law Test The request to add Commercial School to the EMP -5 zone does not meet the general intent and purpose of the Zoning By-law. The intent of the permitted uses section of the EMP -5 zone is to implement the permitted uses in the Business Park Employment section of the Official Plan. With similar rationale to the extensive analysis undertaken in the first test, it is staffs position that the zoning does not contemplate this use as appropriate in the General Business Park Employment (EMP -5) zone. Therefore, the request does not meet the general intent and purpose of the Zoning By-law. Staff notes that should more details become available on the specific nature of the Light Repair Operation use, staff may be able to reassess the appropriateness of such a use in the EMP -5 zone. As such, staff is recommending refusal on the request to add Light Repair Operation as a use. For Committee's information, the EMP -5 zone was approved by Council in April 2019 as part of the overall approval of most non-residential zones of Zoning By-law 2019-051. In By-law 2019-051, Commercial School and Light Repair Operation were permitted in the Commercial (COM) and Mixed - Use (MIX) zones. 3. "Minor" Test Commercial School The variance to add Commercial School as a permitted use is not minor. A Commercial School is a commercial use, and adding such a use would compromise the integrity of the property's employment land use designation. Light Repair Operation The request to add Light Repair Operation as a permitted use in the EMP -5 zone has the potential to be minor as repair operation is contemplated on these lands; however, no details were provided on the specific nature of the use. Based on the information staff has to formulate its position, staff can only speculate as to how the use will ultimately function and there is room in the definition for repair operations that may be more appropriate for commercial and/or mixed-use lands. Therefore, staff recommend that this request be refused. 4. Desirability for Appropriate Development or Use of the Land Test The variance to add Commercial School as a permitted use is not appropriate for the development or use of the land. There is a limited supply of business park lands, and most permitted uses on business park lands cannot locate elsewhere in the City for reasons such as their industrial nature and/or proximity to residential uses. A Commercial School is not faced with these same restrictions and could locate on many other non -employment lands in the City (notably commercial or mixed-use lands). Permitting a Commercial School on business park lands is not appropriate as it would occupy space that could otherwise be uses by an employment use. Staff reiterate that depending on the specific nature of the Light Repair Operation, there may be grounds to consider the request provided more details are provided to staff to ensure that it remains an employment use in order to protect the limited supply of business park lands. As such details were not provided with the variance request, staff is recommending refusal on the request for a Light Repair Operation use. Summary of Staff Position Commercial School Staff recommends that the request to permit Commercial School be refused. There is no room in the City's Official Plan to permit a Commercial School on lands designated General Industrial Employment and it is staff's opinion that a change in land use designation would be required to permit such a use. It is staff's opinion that such a request is not appropriate to consider through a minor variance request. Light Repair Operation To protect the integrity of the employment zones, and ensure that any new uses are employment uses, staff recommends that the request to permit a Light Repair Operation be refused as the use has the potential to not meet the business park employment policies. More specifics are needed such as: nature of business, size and location of unit, etc. If further details are provided, staff would be able to consider the request knowing further details. There may be an opportunity to fit such a use in another permitted EMP -5 use, which would be staff's preferred approach. Potential Conditions of Approval for Lipht Repair Operation if so desired by the Committee of Adiustment: Notwithstanding the above section, should the Committee of Adjustment approve the request to add Light Repair Operation as a permitted use, staff recommends that consideration be given to the following conditions of approval: 1. That a Zoning (Occupancy) Certificate be applied for no later than August 31, 2020; 2. That Light Repair Operation be permitted only within the existing building(s); 3. That the maximum size of the Light Repair Operation be the lesser of 25% of the size of the existing building(s) or 1,500 square metres; and, 4. That the minor variance to Zoning By-law 2019-051 shall become effective only at such time as Zoning By-law 2019-051 comes into force, pursuant to Section 34 (30) of the Planning Act, R.S.S. 1990, c. P 13, as amended, and the variances shall be deemed to have come into force as of the date of this decision. Building Comments: The Building Division has no objections to the proposed variance. Transportation Services Comments: Transportation Services does not have any concerns with the proposed application. Heritage Comments: No heritage planning concerns. Environmental Comments: No environmental planning concerns. RECOMMENDATION A. That Minor Variance Application A2020-021 requesting relief from Section 10.2 of Zoning By-law 2019-051 to permit Commercial School and Light Repair Operation BE REFUSED. Richard Kelly-Ruetz, BES Juliane von Westerholt, BES, MCIP, RPP Planner Senior Planner Region of Waterloo Feb 27, 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 5) 08 WEBER KIT, Mary Kolosowski 7) 08 KING KIT, AHMET SHERIFALI Re: Committee of Adjustment Meeting on March 17, 2020, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2020-019 — 33 Lancaster Street East — No Concerns. 2) A 2020-020 — 51 Nelson Avenue — No Concerns. 3) A 2020-021 — 44 Beasley Drive — No Concerns. 4) A 2020-022 — 903 Zeller Crescent — No Concerns. 5) A 2020-023 — 312 Weber Street West — No Concerns. 6) A 2020-024 — 85 Wood Street — No Concerns. 7) A 2020-025 — 624 King Street West — No Concerns. 8) A 2020-026 — 924 Redtail Court — No Concerns. 9) A 2020-027 — 293 Field Sparrow Crescent — No Concerns. 10)A 2020-028 — 783 Guelph Street — 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 400 Clyde Road, P.O. Box 729 Resource Management Division Cambridge, Ontario N 1 R 5W6 Chris Foster -Pengelly, Resource Planner Phone: (519) 621-2763 ext. 2319 E-mail: cfosterpenge I ly@g rand river. ca PLAN REVIEW REPORT: City of Kitchener Holly Dvson DATE: March 3, 2020 YOUR FILE: See below RE: Applications for Minor Variance: A 2020-019 33 Lancaster Street East A 2020-020 51 Nelson Avenue A 2020-021 44 Beasley Drive A 2020-022 903 Zeller Crescent A 2020-023 312 Weber Street West A 2020-024 85 Wood Street A 2020-025 624 King Street West A 2020-026 924 Redtail Court A 2020-027 293 Field Sparrow Crescent A 2020-028 783 Guelph Street Applications for Consent: B 2020-010 123 Pioneer Drive B 2020-011 98 Strange Street B 2020-012-019 Valencia Avenue 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, Chris Foster -Pengelly, M.Sc., CAN-CISEC Resource Planner Grand River Conservation Authority *These comments are respectfully submitted as advice and reflect resource concerns within the scope Page 1 of 1 and mandate of the Grand River Conservation Authority.