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HomeMy WebLinkAboutDSD-2021-014 - A 2021-004 - 109 Ottawa St SStaff Report ` Develo lnent5ervicesDepartr7ent www.kitchenerca REPORT TO: Committee of Adjustment DATE OF MEETING: January 19, 2021 SUBMITTED BY: von Westerholt, Juliane, Senior Planner, 519-741-2200 ext. 7157 PREPARED BY: Rice Menezes, Sheryl, Planning Technician (Zoning), 519-741-2200 ext. 7844 WARD(S) INVOLVED: 9 DATE OF REPORT: January 13, 2021 REPORT NO.: DSD -21-014 SUBJECT: Minor Variance Application A2021-004 109 Ottawa Street South Owner — WM Fulton Holdings Ltd Applicant — Zakia Ahmed RECOMMENDATION: That application A2021-004 for permission to add a `private club or lodge' use to an existing multi -tenant warehouse/studio which is zoned E-1, whereas the By-law does not permit private club or lodge as a use in the E-1 zone; and, to permit 13 off-street parking spaces rather than the required 26 off-street parking spaces, be approved, subject to the following conditions: 1) An amendment to the Site Plan is approved by the Planning Division; 2) A building permit is obtained from the Building Division; 3) A Zoning (Occupancy) Certificate is obtained from the Planning Division. BACKGROUND: The property is designated as Open Space in the Mill Courtland Woodside Park Secondary Plan of the City's Official Plan and identified as Major Transit Station on the City's Urban Structure Map. The property is zoned as E-1 in Zoning By-law 85-1. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Location Map REPORT: Planning Comments: 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: General Intent of the Official Plan Regarding existing buildings and development in the E-1 zone, the intent of the Secondary Plan to is to permit all legally established uses that existed in 1994, when the zoning was applied to the lands. As well, alternate uses are permitted provided that the use is compatible with the surround land uses, no new dwelling units are created, and the use receives approval from the Grand River Conservation Authority. The proposed private club use is in keeping with the surrounding area which contains a variety of light industrial uses, offices and some residential. Prior to applying the E-1 zone, the lands were zoned was M-2 (General Industrial), which permitted the proposed use and is compatible with the existing uses in the building. The GRCA has advised that they have no concerns with the application. Additionally, Transportation Planning has no concerns with the parking variance. Therefore, Planning staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the E-1 zone it regarding existing buildings is to ensure that legally existing uses may remain and that any changes are compatible with the neighbourhood and do not create a risk to life or property. The agent for the proposed tenant has advised: - The tenant will have a maximum of 2 employees. - The hours of operation are Friday (6 to 8 pm) and weekends (10 am to 4 pm). - The club will provide educational classes (permitted in the private club definition) and it is noted that 50% of the adults drive and the remainder use the bus and the LRT, which has a stop 200 metres from the property. There will also be drop off only for children. Other tenants in the building are KW Habilitation and Hanna Restaurant Supply, both of which do not require much parking. It is noted that the GRCA is in support of this variance. The second variance request is to reduce the parking requirement. As noted above, the existing and proposed uses combined do not generate a heavy parking demand. Also, there are bus routes and an LRT stop within a walkable distance. Transportation Planning is in support of the parking variance. Staff notes that the approved Site Plan, DP 183/87/AM (dated 1988), is not current, as there are three overhead doors and not two as shown on the plan. The applicant has submitted a draft update to the plan showing the three overhead doors and a total of 18 spaces (see below). However, not all of the proposed new spaces may function and staff is recommending that a condition of this variance be that an update to the Site Plan be reviewed and approved through a formal Site Plan application process. As part of the update, staff will consider the addition of on-site bicycle parking, which help towards making the site more accessible to people who choose not to drive. ~� I ©LLJ f Y 2 fA I j F'+H7SCMlVMC q �f r.se=sant Proposed updates to Site Plan As the use is compatible with the existing building and surrounding properties, and Transportation and Planning staff is supportive of the parking variance for the existing approved 13 spaces, staff is of the opinion that the general intent of the zoning by-law for both variances is maintained. Is the Variance Minor? As noted above, the proposed use is compatible with the building and surrounding area, and there is enough parking for the all the existing and proposed tenants in the building. Staff is of the opinion that the variances are minor. Is the Variance Appropriate? Staff is of the opinion that as the proposed use and the parking variances are both compatible with the area and supported by all interested City staff that the variances are appropriate. City Planning staff conducted a site inspection of the property on January 8, 2021. I ■ Photo of Subject Property Building Comments: The Building Division has no objections to the proposed variance provided building permit for the change of use to the private club/lodge is obtained prior to construction. Please contact the Building Division @ building@kitchener.ca with any questions. Transportation Comments: Given the information provided by the owner regarding the use of the units, and that the hours of operations for the units generally do not overlap, the parking utilization is not expected to be very high. The site is also approximately a 500 -metre walk from the closest ION station and is also close to bus routes. Transportation Services can support the application for the proposed 13 parking spaces. Engineering Comments: No comments. Environmental Planning: No natural heritage issues. It is noted that the property is in both the floodway and flood fringe of Schneider Creek. Grand River Conservation Authority Comments: The GRCA understands this land use does not involve overnight accommodation, and therefore has no concerns or additional comments. STRATEGIC PLAN ALIGNMENT: This report supports the delivery of core services. FINANCIAL IMPLICATIONS: Capital Budget — The recommendation has no impact on the Capital Budget. Operating Budget — The recommendation has no impact on the Operating Budget. COMMUNITY ENGAGEMENT: INFORM — This report has been posted to the City's website with the agenda in advance of the Committee of Adjustment meeting. A notice signed was placed on the property advising that a Committee of Adjustment application has been received. The sign advises interested parties to find additional information on the City's website or by emailing the Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: There are no previous reports/authorities related to this matter. Region of Waterloo December 22, 2020 Holly Dyson City of Kitchener 200 King Street West P.O. Box 1118 Kitchener, ON N2G 4G7 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) / VAR KIT, 372 TILT DRIVE DOON CREEK LIMITED 30T 04204 (3) VAR KIT/63, 45 DUKE STREET WEST, DIBATTISTA Dear Ms. Dyson: Re: Committee of Adjustment Applications Meeting January 2021, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following updated comments: 1) A 2021-001 — 630 Blair Creek Drive — No Concerns. 2) A 2021-002 — 10 South Creek Drive — No Concerns. 3) A 2021-003 — 45 Duke Street West — No Concerns. 4) A 2021-004 — 109 Ottawa Street South — No Concerns. 5) A 2020-100 (amended) — 9 -11 Samuel 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 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 C (226) 753-0368 Document Number: 3504282 Page 1 of 1 Administration Centre: 400 Clyde Road, P.J. Box 729 Cambridge, ON N1 R 5W6 Phone: 519-621-2761 Toll free: 1-866-900-4722 Fax:519-621-4844 www.grandriver.ca PLAN REVIEW REPORT: Sheryl Rice Menezes City of Kitchener DATE: FILE: December 22, 2020 A2021-004 — 109 Ottawa Street South RE: Minor Variance Application A2021-004 109 Ottawa Street South WM Fulton Holdings GRCA COMMENT*: The Grand River Conservation Authority (GRCA) has no concerns with the application. BACKGROUND: 1. Resource Issues: Information currently available at our office indicates that the subject lands contain the Schneider Creek floodplain. 2. Legislative/Policy Requirements and Implications: Due to the presence of the floodplain, the GRCA regulates a portion of the property under Ontario Regulation 150/06 (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation). Any future development within the regulated area (as shown in yellow on the attached map) will require a permit from the GRCA pursuant to Ontario Regulation 150/06. The application proposes to allow a private club use on the property. The GRCA understands this land use does not involve overnight accommodation, and therefore we have no concerns or additional requirements. 3. Review Fees: This application is considered a "minor" minor variance, and in accordance with the GRCA's 2021 Plan Review Fee Schedule, the applicable fee is $280. We will send an invoice to the applicant. Page 1 of 2 Member of Conservation Ontario, representing Ontario's 36 Conservation Authorities I The Grand — A Canadian Heritage River We trust this information is of assistance. If you have any questions or require additional information, please contact me at 519-621-2763 ext. 2292 or theywood(agrandriver. ca. Sincerely, Trevor Heywood Resource Planner Grand River Conservation Authority * These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Grand River Conservation Authority c. c. Zakia Ahmed Page 2 of 2 o Z ++ N (6 n 'L O .. w Q C'4 0 fB U Q ll� : o cu (7L Q Q 3`O E r`=v=Eo. L� U) w (D (D Q (D .0 Q o .� E o E Q° `ovoo -w 3 N Q o E a O o o r > o U L v - tA C? O ° o C? o w - C O o � m 0 m Q w Q in .( .( .( .� Q U '�/'� m m m -° (? 0) in Q Q I aoi °�' aoi g � o w` w` w` w` O �- v, o) o) o) w w Q U) (n O !n o O F N N N N o 010 �' �' �' O®®®® Q D- CN o, J J J J d N N a) U' F `w .. 0 •2 m `()a) N _ SU qoc Qn - n A F d' m c m E U m a O n X20.2 '^v'^ G U O u U S S v F v s Z t •- j �L O 0 " N N _ O s u� Aw 10 Y O i B N 4 R rn 0 r 0 ro 10 r� hT j� 4 r•. � j m 0 F