The Committee considered Development Services Department report DSD-2024-203, dated April 15, 2024, recommending adoption of Zoning By-law Amendment Application ZBA24/006/W/ES, for the property municipally addressed as 115-131 Whitney Place. Eric Schneider, Senior Planner and Garett Stevenson, Director, Housing and Development Approvals, were in attendance to respond to questions from the Committee.
Andrew Head, agent on behalf of the property owner, addressed Council in opposition to the staff recommendation. A. Head stated the applicant has been operating out of the existing building and applied for a building permit to install automotive lifts in the rear of the building, to be advised that the rear of the property is split zoned within a floodplain, and they were not permitted to expand the use into that portion of the building without zoning relief. A. Head stated they property owner was initially seeking a minor variance application but was advised by City staff that a minor Zoning By-law amendment would be a better approach. A. Head stated while they are supportive of the staff recommendation which would expand the automotive use into 100% of the building, they are requesting that the recommendation be amended to permit all the uses permitted in the M-2/EMP-2 zone, rather than a site-specific zoning that would only allow the expansion of the automotive use. A. Head indicated he reached out to the Grand River Conservation Authority, and he received an opinion from their planner that they would have no objection to the expansion of the M-2/EMP-2 zone being applied to the entire building, rather than the existing 80%, noting that the building is existing and nothing on the property is proposed to be changed.
In response to questions, G. Stevenson advised that staff recommended proceeding with a Zoning By-law application based on the "Existing Use Policy", which notes that where a use already exists and the property owner only wishes to enable "one existing use" that they could be permitted to apply for a Zoning By-law amendment through a no-cost expedited approval, which was before Committee this date. G. Stevenson stated the expedited process, while it meets the notice requirements under the Planning Act, staff do not seek out any additional public engagement. G. Stevenston stated that the applicant has requested Committee permit all of the uses within the M-2/EMP-2 zone, that would be approximately 20 additional uses that would be permitted to operate at the subject property. G. Stevenson stated that request would be a major Zoning By-law process, and would have had a greater public engagement process, including a neighbourhood information meeting. G. Stevenson indicated staff were not in support of the request to allow for all the uses within the M-2/EMP-2 zone as requested by the applicant this date.
Councillor M. Johnston brought forward a motion to approve the recommendation as outlined in Report DSD-2024-203.
Councillor B. Ioannidis brought forward an amendment to Councillor Johnston to substitute the site specific zoning to allow the expansion of all of the uses within the M2/EMP-2 zone to be applied to the entirety of the existing building.
Mayor B. Vrbanovic brought forward a further amendment to include an additional clause, as follows; "That the Proposed By-law to amend Zoning By-law 2019-051, as amended, shall have no force and effect against the subject lands until the date that By-law 2024-064 (Growing Together Secondary Plans, Non-PMTSAs) is in full force and effect.", which was voted on and was Carried.
Councillor B. Ioannidis's amendment was voted on and was Carried.
The following motion was then voted on.