HomeMy WebLinkAboutDSD-20-019 - B 2020-001 to B 2020-004 - 1250, 1270 & 1314 Fischer Hallman RdStaff Report
Deveiopment Services Department
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www.ki tch en er. c a
REPORT TO: Committee of Adjustment
DATE OF MEETING: January 21, 2020
SUBMITTED BY: Juliane von Westerholt, Senior Planner — 519-741-2200 ext. 7157
PREPARED BY: Andrew Pinnell, Senior Planner — 519-741-2200 ex. 7668
WARD: 5
DATE OF REPORT: January 14, 2020
REPORT #: DSD -20-019
SUBJECT: B2020-001 - B2020-004 — 1250, 1270, & 1314 Fischer -Hallman Road
Owners — WAM Fischer -Hallman G.P. Inc.
Defer
REPORT
Planning Comments:
Site Location and Context:
The subject property is located on the east side of Fischer -Hallman Road, at the northern gateway to the
Rosenberg Secondary Plan Area. The property does not contain any buildings. The property is
composed of 3 formerly individual properties that have been consolidated. Although the property has
three separate addresses, the property is now one lot. The owner / applicant, WAM Fischer -Hallman GP
Inc. (also known as One Properties), assembled the three properties in order to develop them
comprehensively.
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
The subject lands are adjacent to the main branch of Strasburg Creek and the Strasburg Creek Provincially
Significant Wetland Complex (PSW).
The lands on the west side of Fischer -Hallman Road are designated High Density Residential within the
Rosenberg Secondary Plan and are mostly undeveloped. Huron Business Park is located to the
northeast and contains a range of uses, including industrial, office, and religious institution.
Planning staff visited the site on January 2, 2020.
Zoning By-law Amendment and Appeal
In 2016, the Owner submitted a zoning by-law amendment (ZBA) to change the zoning of the property
from Business Park zones to several variations of the Medium Intensity Mixed Use Corridor Zone (MU -
2). In addition, the ZBA sought to rezone lands with environmental significance, by protecting them with
Hazard Land zoning (P-3) for their conservation. This change would bring the zoning into conformity with
the Mixed Use Two Official Plan designation of the Rosenberg Secondary Plan.
The main purpose of the ZBA was to allow the development of the lands with a mixed-use development
concept, to be implemented through a site plan approval process. The development concept features
the following:
• First Phase (centre of site): Development of approximately 7,300 square metres (80,000 sq.ft.) of
commercial floor area, including a 3,340 square metre (36,000 sq.ft.) food store and several
attached non-food retail units, and 3 stand-alone commercial buildings with multiple tenants in
each.
• Second Phase (south end of site): Development of three 10-12 storey apartment buildings
comprising 418 total dwelling units with both underground and structured parking.
• Third Phase (north end of site): Development of a 6-10 storey mixed-use building (office/retail and
residential) at the north end of the site that will be oriented to both the Fischer -Hallman and
Bleams frontages.
In September 2018, City Council approved the ZBA. However, in October 2018, the ZBA was appealed
to the Local Planning Appeal Tribunal (LPAT) by a nearby developer. A hearing was held in August 2019
and a decision from LPAT is currently pending.
Site Plan Application
In July 2018, the owner submitted a Site Plan Application (SP) for the first phase of development, as
described above (Site Plan Application SP18/083/F/AP). The SP also includes development of private
roads into the site from Bleams Road and Fischer -Hallman Road. The site plan has evolved positively
through the application review, though it remains under review (approval in principle has not yet been
granted) pending resolution of certain technical matters, most notably the design for the access at the
south end of the site, and how this may impact building locations.
The Application (Consent Application)
At this time the owner is requesting approval of the subject consent application in order to assist in
implementing the above noted vision for the site. The subject consent application would divide the
property into 4 lots, thereby allowing other developers to purchase and develop different areas of the
property.
The subject consent application requests both the creation of lots and the establishment of easements
for common features, as follows:
1. Creation of Lots
Note: the below lot
Lot
Lot Area in
Lot Frontage
Existing Use
Proposed
numbers correspond
Type
Hectares
(B = Bleams;
2
Use
to the lots shown on
Access
3
F = Fischer -
Easement 4
Stormwater
the severance sketch
1 and 3
Easement 5
Hallman
3
1 and 2
Lot 1
Severed
0.794
74.5 (B)
Vacant
Residential /
1
2 and 3
Easement 8
Servicing
2
Commercial
Lot 2
Retained
3.195
207.4 F
Vacant
Commercial
Lot 3
Severed
1.903
39.3 (F)
Vacant
Residential
Lot 4
Severed
0.792
11.3 (F)
Vacant
Natural
Heritage
Conservation
2. Establishment of Specific Easements
Note: the below easement numbers
do not correspond to the severance
sketch, and are provided for
identification purposes only. These
specific easements will be defined at
a later date, via approval conditions
Easement
Purpose
Servient Lot (i.e.,
the lot that is
subject to the
easement)
Dominant Lot(s)
(i.e., the lot that
benefits from the
easement)
Easement 1
Access
1
2 and 3
Easement 2
Access
2
1 and 3
Easement 3
Access
3
1 and 2
Easement 4
Stormwater
2
1 and 3
Easement 5
Stormwater
3
1 and 2
Easement 6
Stormwater
4
1, 2, and 3
Easement 7
Servicing
1
2 and 3
Easement 8
Servicing
2
1 and 3
Easement 9
Servicing
3
1 and 2
Note that although specific easements are requested, these are to be defined as approval conditions, at
a later date, rather than as part of the present application review.
Specific easements are necessary because the property, as a whole, when developed, is proposed to
function as a unit with common facilities and services. Establishing specific easements will ensure that
when the site is divided into 4 lots, the site continues to function as a unit, despite separate ownership of
the lots.
Region of Waterloo's Request for Deferral
The Region provided comments on January 10, 2020, requesting deferral of the applications for one
month, in order to allow Region staff additional time to review the subject applications in further detail,
and consult with the owner/applicant and City staff, to outline approval conditions (see below Region
comments).
City Planning staff is amenable to Region's request for a deferral and, subsequently, is recommending
that the application be deferred to the February 18, 2020 Committee of Adjustment meeting.
Region of Waterloo Comments:
Regional Staff, in consultation with the City of Kitchener, are requesting a deferral of the subject
applications for one month. This deferral is to allow Regional Staff additional time to review the subject
applications in further detail and consult with the owner/applicant and City Staff to outline conditions of
final approval. Regional Staff require additional time to address concerns related to the proposed access
roundabout at Fischer -Hallman, site servicing for the subject lands and other relevant matters.
Regional Staff request deferral of the subject applications.
RECOMMENDATION
A. That Consent Application B2020-001 requesting consent to:
a. create a new lot (i.e., Lot 1) with a lot width of approximately 74.5 metres along Bleams
Road and an area of approximately 0.8 hectares, and
b. create easements over Lot 1,
be deferred to the February 18, 2020 Committee of Adiustment meeting.
B. That Consent Application B2020-002 requesting consent to:
a. create easements over the retained lot (i.e., Lot 2), be deferred to the February 18, 2020
Committee of Adiustment meeting.
C. That Consent Application B2020-003 requesting consent to:
a. create a new lot (i.e., Lot 3) with a lot width of approximately 39.3 metres along Fischer -
Hallman Road and an area of approximately 1.9 hectares, and
b. create easements over Lot 3,
be deferred to the February 18, 2020 Committee of Adiustment meeting.
D. That Consent Application B2020-004 requesting consent to:
a. create a new lot (i.e., Lot 4) with a lot width of approximately 11.3 metres along Fischer -
Hallman Road and an area of approximately 0.8 hectares, and
b. create easements over Lot 4,
be deferred to the February 18, 2020 Committee of Adiustment meeting.
Andrew Pinnell, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Attachments:
• Consent Sketch submitted with application form
Consent Sketch submitted with application form
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1250, 1270, AND 1314 FISCHER HALLMAN ROAD
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Region of Waterloo
Holly Dyson
Committee of Adjustment
City of Kitchener
P.O. Box 1118
200 King Street East
Kitchener, ON N2G 4G7
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
Community Planning
150 Frederick Street 8th Floor
Kitchener Ontario N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4466
www. reg i o nofwate rl oo. ca
Matthew Colley
575-4757 ext. 3210
D20-20/19 KIT
January 10, 2020
Re: Comments for Consent Application B2019-074 to 62019-
075 and B2020-001 through B2020-004
Committee of Adjustment Hearing January 21, 2020
CITY OF KITCHENER
B2019-074 and B2019-075
32 Forwell Road
Gatekey Aggregates Inc. c/o Justin Bischoff
The owner/applicant is proposing two severances from 32 Forwell Road to be added as
lot additions to existing abutting lots at 80-88 Centennial Road and 20 & 36 Centennial
Road.
Regional staff have no objection to the subject applications.
B2020-001 to B2020-004
1250, 1270 and 1314 Fischer Hallman Road
WAM Fischer -Hallman GP Inc. / One Properties
The owner/applicant is proposing consent applications to sever three parcels of land,
retaining one parcel, and to facilitate easements over the parcels for access, stormwater
and servicing.
The subject lands are located at the southeast corner of Fischer Hallman Road and
Bleams Road and are subject to Site Plan Approval application SP18/083/F/AP and
recently received Council approval to re -zone the lands to a site-specific "Mixed -Use Two"
zone with special use regulations. The Zoning By-law Amendment application has been
appealed and is currently proceeding through the LPAT process.
Document Number: 3190214 Version: 1
Regional Comments:
Regional Staff, in consultation with the City of Kitchener, are requesting a deferral of the
subject applications for one month. This deferral is to allow Regional Staff additional time
to review the subject applications in further detail and consult with the owner/applicant
and City Staff to outline conditions of final approval. Regional Staff require additional time
to address concerns related to the proposed access roundabout at Fischer -Hallman, site
servicing for the subject lands and other relevant matters.
Regional Staff request deferral of the subject applications
General Comments
Any future development on the lands subject to the above -noted consent application(s)
will be subject to the provisions of Regional Development Charge By-law 19-037 or any
successor thereof. Please accept this letter as our request for a copy of the staff reports,
decisions and minutes pertaining to each of the consent applications noted above. Should
you require Regional Staff to be in attendance at the meeting or have any questions,
please do not hesitate to contact the undersigned.
Yours truly,
Matthew Colley
Planner
Document Number: 3190214 Version: 1
Grand River Conservation Authority 400 Clyde Road, P.O. Box 729
Resource Management Division Cambridge, Ontario N1 R 5W6
Melissa Larion, Supervisor of Resource Phone: (519) 621-2761 ext. 2247
Planning Fax: (519) 621-4945
E-mail: mlarion@grand river.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: January 9, 2019 YOUR FILE: B 2020-001 to B2020-004
GRCA FILE: B 2020-001 to B2020-004
RE: Applications for Consent B2020-001 to B2020-004
1250, 1270 and 1314 Fischer Hallman Road
WAM Fischer -Hallman GP Inc./One Properties
GRCA COMMENT:
The Grand River Conservation Authority (GRCA) has no objection to the approval of the
consent applications.
BACKGROUND:
1. Resource Issues
Information currently available at this office indicates that the subject lands contain erosion
hazard and its associated allowance as well as the allowance to a wetland located on an
adjacent property. A copy of our resource mapping is attached for your reference.
2. Legislative/Policy Requirements and Implications
Due to the presence of the resource features noted above, a portion of the property is
regulated by the GRCA under Ontario Regulation 150/06 — Development, Interference with
Wetlands and Alterations to Shorelines and Watercourses Regulation. Any future
development on within the regulated area will require the prior issuance of a GRCA permit
pursuant to Ontario Regulation 150/06. The permit process involves the submission of a
permit application to this office, the review of the application by Authority staff and the
subsequent approval/refusal of the permit application by the GRCA.
As part of a recent permit approval (GRCA Permit 514/19), GRCA reviewed both a
satisfactory Environmental Impact Study and a geotechnical analysis which identified the
stable top of slope and a 6 metre access allowance. The Consent Sketch (prepared by
Speight, Van Nostrand and Gibson Ltd.) is consistent with the approved geotechnical
analysis in that Lot 4 contains all of the erosion hazard, the 6 metre access allowance and
the regulated area to the wetland. It is our understanding that Lot 4 will not be developed
and zoned as "Natural Heritage Conservation". Only Lots 1 to 3 will be permitted to be
developed. As noted previously, any future development will need to conform to the Alder
Creek Watershed Study and Upper Strasburg Creek Subwatershed Plan.
Page 1 of 2
3. Plan Review Fees
These consent applications were reviewed together and will only require one plan review
fee. The applicable plan review fee is the minor consent application review fee of $420.00,
which the applicant will be invoiced by copy of this correspondence.
We trust this information is of assistance. If you have any questions or require additional
information please contact the undersigned.
Sincerely,
Melissa Larion, MA, MCIP, RPP
Supervisor of Resource Planning
Grand River Conservation Authority
Encl.
cc: WAM Fischer -Hallman G.P. Inc. c/o J. Marshall — Suite 2710, 333 Bay Street, Toronto,
ON M5H 2R2
Mathew Campbell, Zelinka Priamo Ltd. (email)
Andrew Pinnell, City of Kitchener (email)
* These comments are respectfully submitted as advice and reflect resource concerns
within the scope and mandate of the Grand River Conservation Authority.
Page 2 of 2
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