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Home My WebLink AboutDSD-2022-344 - A 2022-077 - 211 Pioneer Tower Road Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: July 19, 2022 SUBMITTED BY: Tina Malone-Wright, Supervisor, Development Applications 519-741-2200 ext. 7765 PREPARED BY: Tara Zhang, Planner 519-741-2200 ext. 7760 WARD(S) INVOLVED: Ward 3 DATE OF REPORT: July 19, 2022 REPORT NO.: DSD-2022-344 SUBJECT: Minor Variance Application A2022-077 - 211 Pioneer Tower Road RECOMMENDATION: Zoning By-law 2019-051 That Minor Variance Application A2022-077 requesting permission under section 45(2)(a)(i) of the Planning Act to permit the enlargement or extension of a legal non-conforming use to facilitate the construction of a one-storey storage shed, having a building floor area of 100 square metres, for the storage of landscape maintenance equipment (tractors and attachments) in conjunction with the Pioneer Sportsmen Club use, in the location as shown on the Key Plan and Part Site Plan, prepared by John MacDonald Architect, dated May 31, 2022, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to make recommendations with respect to the requested application for permission for 211 Pioneer Tower Road. Staff recommend that the application be approved. This report supports the delivery of core services. BACKGROUND: The subject property is located north of the Grand River and south of Pioneer Tower Road. The subject lot contains an abundance of green spaces that provides outdoor recreational uses such as archery, camping, and firearms for the existing business. The proposed extension of the one-storey shed is located south of the 115 acre property adjacent to an existing building and shipping container. The applicant intends to use the shed to store landscape maintenance equipment for the existing Pioneer Sportsmen Club. Green Areas Urban Structure and is designated Natural Heritage Conservation lan. The property is split zoned Zone (NHC-1)-specific provision (114) (OSR- with site-specific provision (114) in Zoning By- law 2019-051. The proposed storage shed is proposed to be located within the portion of the site *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. NHC-1(114). The applicant is seeking permission under s 45(2)(a)(i) of the Planning Act to permit the construction of the shed to assist the business in maintaining the landscaping of the subject property. The applicant will submit the necessary site plan application pending approval of the minor variance. City Planning staff conducted a site visit on June 30, 2022. FIGURE 1: Site location of subject property Green indicates proposed location FIGURE 2: Proposed One Storey Shed FIGURE 3: Front view of subject property FIGURE 4: Proposed One Storey Shed beside the existing building and shipping container 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)(i). 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 is of the opinion that approval of this application is in the public interest because it will result in a new accessory structure that will help to support the existing use on site. The proposed shed, is proposed to be located outside of any treed area on the property (outside the Regionally Significant Woodland) and will not pose a health and safety hazard to a sensitive use being accessory to the Pioneer Sportsman Club. It will provide a safe location to store equipment and materials, needed for the maintenance of the use and property, out of public view and without disturbing or negatively impacting the environmental features on the site. The increased storage space will help visitors enjoy the natural landscape and does not negatively impact surrounding vegetation or existing use of the site. Any Adverse or Unacceptable Impacts? 6.C.2.10. Further to Policy 6.C.2.9 and except as prohibited in Policies 6.C.2.4 and 6.C.2.6, development, redevelopment or site alteration may be permitted in those portions of natural hazardous lands and hazardous sites where the effects and risk to public safety are minor following are demonstrated and achieved: a) development, redevelopment or site alteration is carried out in accordance with floodproofing standards, Protection Works Standards, and access standards; b) vehicles and people have a way of safely entering and exiting the area during the times of flooding, erosion and other emergencies; c) new hazards are not created and existing hazards are not aggravated; d) no adverse environmental impacts will result; and, e) a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Permit (Pursuant to Ontario Regulation 150/06) is issued by the Grand River Conservation Authority. Policy 6.C.2.10 permits development, redevelopment or site alteration in hazardous lands, the The location of the proposed accessory building is appropriate, as it will be located outside of the environmental feature, and similar in size with the other existing accessory structures on the site (i.e. shed and shipping container). The proposed accessory shed will be 11 metres in length, 9.1 metres in width, 5.75 metres in height and 100 square metres in area. Staff is of the opinion that as the one-storey shed will comply with a) to e) of Policy 6.C.2.10, there will not be any adverse or unacceptable impacts with its development on the subject lands. Environmental Planning Comments: Zoning By-law 2019-051 zones the floodplain (both Grand River and the unnamed tributary from north of Pioneer Tower Road) and woodland (Regionally Significant Woodland) portions of this property NHC- bylaw leading to 2019-051, the GRCA requested that the City zone all floodplain / floodway lands NHC-1, wherever possible. Because the concept location is outside of any treed area on the property (Regionally Significant Woodland) and the GRCA supports the proposal, in this specific instance staff can also support the minor variance. Heritage Planning Comments: No heritage concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A building permit application has been made for the new storage building and it is currently under review. Engineering Division Comments: No comments. Parks/Operations Division Comments: No comments. Transportation Planning Comments: Transportation Services have no concerns with the proposed application. Region of Waterloo Comments: No 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 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 interested parties to find he application was mailed to all property owners within 30 metres of the subject property. PREVIOUS REPORTS/AUTHORITIES: Planning Act Provincial Policy Statement (PPS 2014) A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 Regional Official Plan (ROP) Official Plan (2014) Zoning By-law 2019-051 June 28, 2022 Sarah Goldrup City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 (1) / 56 BLEAMS/ 186 GEHL PLACE STAMM GRAVEL PIT (5) / 54/ LACKNER BOULEVARD KEEWATIN SANDRA SPRING FARMS SUBDIVISONS 30T 91005 30T 02206 (11)/ 08 WEBER KIT/ 149 TO 151 ONTARIO STREET NORTH AND 21 WEBER STREET WEST KIAH GROUP INC. (12)/ 09 BRIDGEPORT/ 544 BRIDGEPORT ROAD LUTHERAN HOMES KITCHENER WATERLOO (19)/12, STAUFFER WOODS SUBDIVISION 30T 08203 (20)/53 COURTLAND, 165 COURTLAND AVE E AEC DEVELOPMENTS INC Subject: Committee of Adjustment Meeting July 19, 2022, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have following comments: 1) A 2022 - 070 Rosenberg Way & Amand Drive No Concerns. 2) A 2022 - 072 177 Eden Oak Trail No Concerns. 3) A 2022 - 073 10 Langton Drive No Concerns. 4) A 2022 - 074 240 Chapel Street No Concerns. 5) A 2022 - 075 50 Otterbein Road No Concerns. 6) A 2022 - 076 95 Patricia Avenue No Concerns. 7) A 2022 - 077 210 Pioneer Tower Road No Concerns. 8) A 2022 - 078 125 Uplands Drive No Concerns. 9) A 2022 - 079 31 Monterey Road No Concerns. 10) A 2022 - 080 64 Wilhelm Street No Concerns. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЊЊЍЎББ tğŭĻ Њ ƚŅ Ћ 11)A 2022 -081149-151 Ontario Street North & 21 Weber Street WestNo Concerns. 12) A 2022 - 082 544 Bridgeport Road No Concerns. 13) A 2022 - 083 99 Becker Street No Concerns. 14) A 2022 - 084 26 Pony Way (Unit 21) No Concerns. 15) A 2022 - 085 28 Pony Way (Unit 22) No Concerns. 16) A 2022 - 086 30 Pony Way (Unit 23) No Concerns. 17) A 2022 - 087 32 Pony Way (Unit 24) No Concerns. 18) A 2022 - 088 34 Pony Way (Unit 25) No Concerns. 19) A 2022 089-094 3,11,13,21,23 & 29 Shaded Creek Drive No Concerns. 20) A 2022 - 095 165 Courtland avenue East No Concerns. 21) A 2022 - 096 247 Glasgow Street No Concerns. 22) A 2022 - 097 296 Highland Road East 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 development(s) prior to the issuance of a building permit. The comments contained in this letter pertain to the Application number(s) listed. If a site is subject to more than one application, additional comments may apply. Please forward any decisions on the above mentioned Application number(s) to the undersigned. Yours Truly, Joginder Bhatia Transportation Planner C (226) 753-0368 CC: Alison Fox, City of Kitchener Kristen Hilborn, City of Kitchener CofA@Kitchener.ca 2 July 4, 2022 via email GRCA File: A 2022-077 - 211 Pioneer Tower Road Sarah Goldrup Committee Administrator Planning Division City of Kitchener th 200 King Street West, 6 Floor Kitchener, ON, N2G 4G7 CofA@Kitchener.ca Dear Sarah Goldrup, Re: Minor Variance Application A 2022-077 211 Pioneer Tower Road, City of Kitchener Pioneer Sportsmen Club Grand River Conservation Authority (GRCA) staff has reviewed the above-noted minor variance application. Recommendation GRCA has no objection to the above-noted minor variance application. Documents Reviewed by Staff GRCA staff have reviewed the following documents submitted with this application, received onJune 23, 2022 from the City of Kitchener: Applicationfor Minor Variance (City of Kitchener, June 6 2022) Key Plan and Part Site Plan (John MacDonald Architect Inc., May 31 2022) GRCA Comments GRCA has reviewed this application as per our delegated responsibility from the Province to represent provincial interests regarding natural hazards identified in Section 3.1 of the Provincial Policy Statement (PPS, 2020) and as a regulatory authority under Ontario Regulation 150/06. GRCA has also provided comments as per our MOU with the Region of Waterloo and as a public body under the Planning Act as per our CA Board approved policies. Information currently available at this office indicates that the subject property contains provincially significant Grandview Wetland, watercourses, floodplain, slope hazards, and the associated regulated allowances to these features. A copy of our resource mapping is attached. Due to the presence of these resource features, the majority of the subject 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 within the regulated area on the subject property will require the prior issuance of a permit pursuant to Ontario Regulation 150/06. We understand the property currently contains a recreational club and campground. The purpose of the application is to permit the enlargement/extension of a legal non- conforming use (the Pioneer Sportsman Club) to facilitate the construction of a one- storey storage shed with a floor area of 100 square metres for storage of landscape maintenance equipment.GRCA has no objection to this minor variance application. A GRCA permit is required prior to construction of the shed. GRCA has already received the related permit application. Consistent with GRCA’s 2022 approved fee schedule, this application is considered a ‘minor’ minor variance and the applicant will be invoiced in the amount of $290 for the GRCA’s review of this application. A separate fee applies for the associated GRCA permit application. Should you have any questions, please contact meat jconroy@grandriver.ca or 519- 621-2763 ext. 2230. Sincerely, Jessica Conroy, MES Pl. Resource Planning Technician Grand River Conservation Authority Enclosed: GRCA Resource Map Copy: Pioneer Sportsmen Club – Owner (via email) Grand River Conservation Authority Date: Jun 23, 2022 Author: AG 211 Pioneer Tower Road, Kitchener Legend Regulation Limit (GRCA) Regulated Watercourse (GRCA) Regulated Waterbody (GRCA) Wetland (GRCA) Floodplain (GRCA) Engineered Estimated Approximate Special Policy Area Slope Valley (GRCA) Steep Oversteep Steep Slope Erosion (GRCA) Oversteep Toe Lake Erie Flood (GRCA) Lake Erie Shoreline Reach (GRCA) Lake Erie Dynamic Beach (GRCA) Lake Erie Erosion (GRCA) Parcel - Assessment (MPAC/MNRF) This legend is static and may not fully reflect the layers shown on the map. The text of Ontario Regulation 150/06 supercedes the mapping as represented by these layers. Copyright Grand River Conservation Authority, 2022. Disclaimer: This map is for illustrative purposes only. Information contained herein is not a substitute for professional review or a site survey and is subject to change without notice. The Grand River Conservation Authority takes no responsibility for, nor guarantees, the accuracy of the information contained on this map. Any interpretations or conclusions drawn from this map are the sole responsibility of the user. The source for each data layer is shown in parentheses in the map legend. For a complete listing of sources and citations go to: https://maps.grandriver.ca/Sources-and-Citations.pdf 060120240360 GRCA Metres Map Centre (UTM NAD83 z17): 548,234.09 4,805,545.56 NAD 1983 UTM Zone 17NScale: 9,885 This map is not to be used for navigation | 2020 Ortho (ON) ±