HomeMy WebLinkAboutDSD-2024-276 - 160 Webster Road - A 2024-044
Development Services Department www.kitchener.ca
REPORT TO: Committee of Adjustment
DATE OF MEETING: June 18, 2024
SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals
519-741-2200 ext. 7765
PREPARED BY: Arwa Alzoor, Planner, 519-741-2200 ext. 7847
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: May 28, 2024
REPORT NO.: DSD-2024-276
SUBJECT: Minor Variance Application A2024-044 160 Webster Road
RECOMMENDATION:
That Minor Variance Application A2024-044 for 160 Webster Road requesting
Permission under section 45(2)(a)(ii) of the Planning Act to permit the enlargement
of a legal non-conforming use, the 'Sale, Rental and Service of Industrial Equipment'
in a 'Heavy Industrial Zone (EMP-3)' to facilitate the enclosure an existing open
loading area that is 128.76 square metres in size, in accordance with Site Plan
Application SP24/012/W/AA, BE APPROVED.
REPORT HIGHLIGHTS:
The purpose of this report is to review and make recommendations with respect to the
requested application for Permission for 160 Webster Road.
The key finding of this report is that the application be approved.
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
Committee of Adjustment meeting.
This report supports the delivery of core services.
BACKGROUND:
The subject property is located in the Trillium Industrial Park on the east side of Manitou
Drive and the south side of Fairway Road South. The subject lot currently contains an
existing office and warehouse for the sale, rental and service of industrial equipment, with
an existing parking lot and loading space. The property is surrounded by industrial
buildings in the Heavy Industrial Employment Zone and commercial buildings in the
Commercial Campus Zone.
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Industrial Employment AreaUrban
Heavy Industrial Employment Land Use in the
Heavy Industrial Employment Zone (EMP-3-law
2019-051.
Figure 1: The proposed property on the Zoning map.
The purpose of the application is to facilitate the enclosure of an existing open loading
area of 128.76 square metres. The current loading area is roofed but not considered part
of the building area. The proposal includes adding large overhead rolling doors and a man
door; in accordance with the Conditionally Approved Site Plan Application
SP24/012/W/AA.
Figure 2: The proposed Site Plan.
The Zoning Occupancy Certificate from 2021 (number 21-113233) permits the existing use
of Sale, Rental, and Service of Industrial Equipment as a Legal Non-Conforming use,
initially established under the M-4 zone in Zoning By-law 85-1. The M-4 zone, a heavy
industrial zone, permits various industrial uses, including Biotechnological Establishments,
the Sale and Storage of Heating Fuel, and the Sale, Rental, Storage, or Service of Tools
and Industrial, Farm, or Catering Equipment. However, the current zoning, EMP-3,
designated for Heavy Industrial Employment under Zoning By-law 2019-51, does not
permit this specific use.
The EMP-3 zone is intended for industrial uses, including noxious ones, and for activities
requiring large tracts of land for sizable buildings, materials, and products situated away
from sensitive land uses. As a result, the existing use became legal and non-conforming
when the zoning changed.
To accommodate any expansion or addition to this use, approval under section 45(2)(a)(ii)
of the Planning Act.
Section 45(2)(a)(ii) of the Planning Act:
ii) the use of such land, building or structure for a purpose that, in the opinion of
the committee, is similar to the purpose for which it was used on the day the by-
law was passed or is more compatible with the uses permitted by the by-law
than the purpose for which it was used on the day the by-law was passed, if the
use for a purpose prohibited by the by-law or another use for a purpose
previously permitted by the committee continued until the date of the application
to the committee;
Staff conducted a site visit on May 30, 2024
Figure 3: Front photo of the subject property.
Figure 4: West photo of the subject property showing the existing loading area.
Figure 5: A photo of the building side that will be closed.
REPORT:
Planning Comments:
Case law sets out the tests to be applied by the Committee of Adjustment in considering
applications under Section 45(2)(a)(ii). It should be noted that the test to be applied is not
the four-part test for minor variances under Section 45(1) but rather whether the approval
of the application:
1. Is in the public interest; and
2. Creates unacceptable or adverse impact upon abutting properties.
Is Approval in the Public Interest?
Staff are of the opinion that the approval of this application is in the public interest as it would
allow for the continuation of the existing use. This expansion supports the stability and
consistency of the local business environment, ensuring that the established industrial
operations can maintain their contributions to the local economy. Additionally, the existing
use integrates well into the current heavy industrial zone.
Moreover, the area increase is within the buildable area of the existing building and will not
have a significant impact or disruption on the adjacent properties. Maintaining the current use
avoids the potential adverse effects that might arise from repurposing the site for a different
use or relocating the business, which could involve significant construction or new
environmental concerns.
In conclusion, the proposal aligns with broader community goals by fostering economic
strength, supporting industrial employment, and utilizing existing infrastructure efficiently.
Therefore, approving the addition as a legal non-conforming use is in the public's best
interest.
Any Adverse or Unacceptable Impacts?
Staff are of the opinion that permitting the expansion of the legal non-conforming use of Sale,
Rental, and Service of Industrial Equipment on the subject property will not create any
adverse or unacceptable impacts. The property has enough parking to accommodate the
existing and proposed gross floor area. Staff note that the property is surrounded by
industrial buildings in the Heavy Industrial Employment Zone and commercial buildings to the
north. The current infrastructure is adequate to support the expansion without requiring
significant modifications that might disrupt the local environment or community. The
surrounding industrial and commercial properties are compatible with the continued use of
the site for industrial equipment services, minimizing any potential conflicts or nuisances. The
separation from sensitive land uses, such as residential and institutional areas, further
reduces the likelihood of adverse impacts on the local population. The proposal has received
conditional site plan approval, demonstrating that the site can function appropriately and that
the addition will not have any significant impacts on adjacent properties, the overall
neighbourhood, or the streetscape. Therefore, no adverse or unacceptable impacts are
anticipated.
Environmental Planning Comments:
No concerns
Heritage Planning Comments:
No heritage planning comments or concerns.
Building Division Comments:
The Building Division has no objections to the proposed variance provided building permit
for the addition and renovation to the existing industrial building is obtained prior to
construction. Please contact the Building Division at building@kitchener.ca with any
questions.
Engineering Division Comments:
No comments
Parks/Operations Division Comments:
Parks and Cemeteries concerns and requirements have been addressed through
SP24/012/W/AA.
Transportation Planning Comments:
Transportation Services has no concerns with this application.
The Region of Waterloo Comments:
No concerns
Grand River Conservation Authority (GRCA) Comments:
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 are not subject to Ontario Regulation 41/24 and,
therefore, permission from GRCA is not required.
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)
Zoning By-law 2019-051
May 29, 2024
Connie Owen
City of Kitchener File No.: D20-20/
200 King Street West VAR KIT GEN
P.O. Box 1118 (7, 8) 64/ 45 TO 75 CHARLES STREET EAST
Kitchener, ON N2G 4G7 HOUSE OF FRIENDSHIP
Subject: Committee of Adjustment Meeting June 18, 2024, City of Kitchener
Regional staff has reviewed the following Committee of Adjustment applications and
have the following comments:
1) A 2024 - 044 160 Webster Road No concerns.
2) A 2024 - 045 3 Ivy Lane Court No concerns.
3) A 2024 - 046 59 Cartier Drive No concerns.
4) A 2024 - 047 948 Chapel Hil Court No concerns.
5) A 2024 - 048 101 Breckenridge Drive There are no concerns/conditions for
this application. However, the applicants are advised that the subject lands are
located within the outer 6km of the airport zoning-regulated area and specifically
under the takeoff approach surface. Accordingly, the lands are subject to all
provisions of airport zoning.
6) A 2024 - 049 174 Wellington Street North There are no conditions for the
above application. However, the applicants are advised that there would be
impacts from road noise & railway noise/vibration to the existing and the proposed
dwellings/building. The applicants are responsible for ensuring no environmental
noise impacts from/to the proposed development.
7) A 2024 - 050 51 Charles Street East No concerns.
8) A 2024 - 051 75 Charles Street East No concerns.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Њ ƚŅ Ћ
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
Katrina Fluit, Region of Waterloo FYI only.
5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏВЋАЉЋ tğŭĻ Ћ ƚŅ Ћ
2
June3, 2024via email
Mariah Blake
Secretary-Treasurer
Committee of Adjustment
City of Kitchener
200 King Street West
Kitchener, ON, N2G 4G7
DearMariahBlake,
Re:Committee of Adjustment Meeting June 18, 2024
Applications for Minor Variance
A 2024-044160 Webster Road
A 2024-0453 Ivy Lane Court
A 2024-04659 Cartier Drive
A 2024-047948 Chapel Hill Court
A 2024-048101 Breckenridge Drive
A 2024-049174 Wellington Street North
A 2024-050to 05147-75Charles Street East& 40-50 Eby Street South
Applicationsfor Consent
B 2024-010578 Guelph Street
B 2024-011 to 01247-75Charles Street East & 40-50 Eby Street South
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 41/24and,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