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HomeMy WebLinkAboutDSD-2024-085 - 962 Guelph Street - A 2024-016 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: February 20, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 ext. 7765 PREPARED BY: Craig Dumart, Senior Planner, 519-741-2200 ext. 7073 WARD(S) INVOLVED: Ward 1 DATE OF REPORT: February 7, 2024 REPORT NO.: DSD-2024-085 SUBJECT: Minor Variance Application A2024-016 962 Guelph Street RECOMMENDATION: That Minor Variance Application A2024-016 for 962 Guelph Street requesting relief from Section 20.1 of Zoning By-law 85-1 to permit a "Pet Aquamation" use as a permitted use in the 'General Industrial Zone (M-2)' to facilitate the reuse of the existing building for a use not currently permitted in the 'M-2' Zone and Zoning By- law 85-1, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review an application for a minor variance to permit the existing building to be used for a Pet Aquamation use. There are no financial implications. Community engagement included a notice sign being placed on the property advising that a Committee of Adjustment application has been received, notice of the application was mailed to all property owners within 30 metres of the subject property and this report was poste Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located near the intersection of Guelph Street and Spring Valley Road and currently developed with a vacant industrial building. The subject property is Industrial Employment Areas Urban Structure and is designated General Industrial on Map 19- North Ward Neighbourhood Secondary Plan in the City of . *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. The General Industrial Zone (M-2-law 85-1 which permits a wide range of industrial and commercial uses such as manufacturing, Research and Development Establishment, Veterinary Services, and Laboratoriesamong otheruses. The purpose of the application is to recommend the approval of a variance to as the use is currently not permitted in the 'M-2' Zone and Zoning By-law 85-1. Pet Aquamation is the eco-friendly alternative to cremations and burials which uses water to return the pet back to nature (the process of hydrolysis). City Planning staff conducted a site inspection of the property on February 1, 2024. Figure 1: Location Map 962 Guelph Street Figure 2: Existing Building at 962 Guelph Street REPORT: Planning Comments: In considering the four tests for the 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 The subject property Urban - North Ward Neighbourhood The General Industrial designation allows provides for opportunities for a wide range of manufacturing and industrial business uses; technical/scientific businesses; transportation depots; truck transport terminals; veterinary services; and warehouses. Staff is of the opinion that the minor variance to add use as a permitted use is consistent with the General Industrial land use designation and meets the general intent of the Official Plan. General Intent of the Zoning By-law The subject property is zoned - in Zoning By-law 85-1 which permits a wide range of commercial and industrial uses such as manufacturing, Research and Development Establishment, Veterinary Services, and Laboratories among others. is not a permitted use in Zoning By-law 85-1 but is similar in use to a Laboratory and has similar operations to a Research and Development Establishment, and components of the operation of a Veterinary Services all which are permitted in the M-2 zone. Staff is of the opinion that a Pet Aquamation operation in the existing building on the subject property would meet the intent of the Zoning By-law. Is/Are the Effects of the Variance(s) Minor? All Other Uses Not Otherwise Listed Above in the By-law is 1 parking space for each 40.0 square metres of gross floor area which accommodates such use., with a building which is 116 square metres in gross floor area, would need to provide 3 parking spaces and 3 parking spaces can easily be accommodated on the subject property. The requested variance is considered minor as the Zoning By-law currently allows for similar uses. The effects of adding Pet Aquamation as a permitted use will be minor and staff are of the opinion the new use will not have any negative impacts on the adjacent or surrounding properties and will not negatively impact the functioning of the industrial employment area. Is/Are the Variance(s) Desirable for The Appropriate Development or Use of the Land, Building and/or Structure? Staff is of the opinion that the proposed variance is desirable and appropriate, as it will allow the applicant to operate a new unique business in the existing vacant building. Environmental Planning Comments: No Concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance provided building permit for the for any interior renovations is obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No concerns. Transportation Planning Comments: No concerns. 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 of the Committee of Adjustment meeting. A notice sign was placed on the property advising that a Committee of Adjustment application has been received. The sign advises Planning Division. A notice of the application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2020) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan Official Plan (2014) North Ward Secondary Plan Zoning By-law 85-1 January 29, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 12/ 628 NEW DUNDEE ROAD FUSION HOMES Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting February 20, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 012 628 New Dundee Road No Concerns. 2) A 2024 013 49 Madison Avenue North There are no concerns/conditions for this application. However, the applicants are advised that the existing and the proposed dwellings would have impacts from environmental noise from environmental noise (transportation & stationary) in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 3) A 2024 014 132 Merner Avenue There are no concerns/conditions for this application. However, the applicants are advised that the existing and the proposed dwellings may have impacts from environmental noise from environmental noise from the local municipal street system in the vicinity, and the owners are responsible for ensuring that the proposed development does not have any impacts from the environmental noise in the vicinity. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЎВЊЏЎВ tğŭĻ Њ ƚŅ Ћ 4) A 2024 - 015 50 Mountain Mint Crescent No concerns. 5) A 2024 - 016 962 Guelph 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 19-037 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, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Mariah Blake, City of Kitchener CofA@Kitchener.ca 2 February 2, 2024via email Mariah Blake Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 DearMs.Blake, Re:Committee of Adjustment Meeting February 20, 2024 Applications for Minor Variance A 2024-012628 New Dundee Road A 2024-01349 Madison Avenue North A 2024-014132 Merner Avenue A 2024-01550 Mountain Mint Crescent A 2024-016962Guelph Street Applicationfor Consent B 2024-003140 Highland Road East Grand River Conservation Authority (GRCA) staff has reviewed the above-noted applications. GRCA has no objection to the approval of the above applications.The subject properties do not contain any natural hazards such as watercourses, floodplains, shorelines, wetlands, or valley slopes.The properties arenot subject to Ontario Regulation 150/06 and,therefore,a permission from GRCA is not required. Should you haveany questions, please contact meataherreman@grandriver.caor 519-621-2763 ext. 2228. Sincerely, Andrew Herreman,CPT Resource Planning Technician Grand River Conservation Authority