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Home My WebLink AboutDSD-2024-219 - 1955 Fischer Hallman Rd - A 2024-033 Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: May 21, 2024 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-741-2200 x7765 PREPARED BY: Katie Anderl, Project Manager - Planning, 519-741-2200 x7987 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: May 3, 2024 REPORT NO.: DSD-2024-219 SUBJECT: Minor Variance Application A2024-033 1955 Fischer Hallman Road RECOMMENDATION: That Minor Variance Application A2024-033 for 1955 Fischer Hallman Road requesting relief from Section 12.3, Table 12-2, of Zoning By-law 2019-051 to permit a minimum side yard setback to Fischer Hallman Road of 8.5 metres instead of the minimum required side yard setback of 10 metres, to facilitate the development of a recreational athletic complex, in accordance with Site Plan Application SP24/020/F/KA, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review a minor variance application to facilitate the construction of a recreational complex and sports facility. The key finding of this report is that the requested variance meets the 4 tests of the Planning Act. 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 s website with the agenda in advance of the Committee of Adjustment meeting. This report supports the delivery of core services. BACKGROUND: The subject property is located at 1955 Fischer Hallman Road and is being developed by the City of Kitchener as a district park (see Figure 1). Phases 1 and 2 included construction of outdoor facilities including a splash pad and playground, playing fields and courts, an operational/maintenance building and washroom/change room building. *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. Detailed planning for Phase 3 is now underway and includes an indoor recreation complex with an aquatic facility, FIFA sized fieldhouse and future gymnasium space. Subject lands Figure 1 Location Map - City Urban Area 2014 Official Plan. In accordance with Map 1, Policy 3.C.1.22 applies to the lands which permits the lands to be used for the development of a municipal park (active or passive), athletic/community centre and associated facilities. --law 2019-051 and is subject to regulation 4.15.7 (Public Uses and Utilities) which permits public uses in any zone subject to compliance with the regulations. The purpose of the minor variance application is to permit a minimum setback of 8.5 metres rather than 10.0 metres along Fischer Hallman Road in the location shown on Figure 2 below. The proposed reduction is limited to the area near the roundabout and is due to the irregular property line, which accommodates for the geometrics of the roundabout design (including turning lanes, multi-use pathway and pedestrian crossing). Figure 2 Proposed Recreation Complex 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 intent of the Official Plan is to facilitate the development of a municipal park, athletic/community centre and associated facilities. The proposed variance allows for the proposed site design which provides for a large athletic complex. Staff is of the opinion that the general intent of the Official Plan is maintained. General Intent of the Zoning By-law The intent of the side setback regulations in the Agricultural Zone is to provide for setbacks which are appropriate to a range of agricultural buildings in a rural context. The proposed community and athletic facility is permitted as a public service use and interfaces with the Urban Area and a Mixed Use Node which will be developed with a mixed of commercial and residential uses. By comparison, if the proposed building were located in an Institutional (INS) zone, the minimum setback would be between 4.5 and 6.0 metres (and no maximum applies). The majority of the building is setback more than 20 metres from the street line and exceeds the minimum requirements of the zone providing for landscaping and a park appropriate frontage. The proposed 8.5 metre setback is limited to the corner of the building nearest the roundabout, where there is an irregular property boundary which accommodates the geometry of the roundabout. Staff is of the opinion that the general intent of the Zoning By-law is maintained. Is the Effect of the Variance Minor? Staff is of the opinion that the effect of the variance is minor. The majority of the building setback exceeds minimum requirements, providing for park appropriate greenspace and landscaping along the street. Locating the built form near intersections and the street is generally desirable from an urban design and streetscape perspective, and sufficient space is provided for landscaping, the driveway/entrance and a multi-use pathway connection into the site. Is the Variance Desirable for the Appropriate Development or Use of the Land, Building and/or Structure? The requested reduction accommodates for the irregular lot line, while allowing efficient placement of the building to accommodate for the site layout and building function. The majority of the building is located more than 20 metres from the street line, providing space for extensive landscaping and a park-like frontage along Fisher Hallman Rd. Staff note that sightlines for vehicles, pedestrians and cyclists using the roundabout is accommodated for within the right-of-way, which has resulted in the irregular frontage. Staff is of the opinion that the proposed minimum setback of 8.5 metres is desirable and appropriate. Environmental Planning Comments: No concerns. Heritage Planning Comments: No concerns. Building Division Comments: The Building Division has no objections to the proposed variance. A Building Permit application has been made for the athletic complex. Engineering Division Comments: No concerns. Parks/Operations Division Comments: No comments or 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) Zoning By-law 2019-051 DSD-2024-011 May 2, 2024 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 (1) 58 KIT/ KITCHENER SOUTH DISTRICT PARK Kitchener, ON N2G 4G7 (3) VAR KIT/ 42 HAZELGLEN DRIVE A&F GREENFIELD HOMES LTD (4) VAR KIT/ 50 CONFEDERATION DRIVE WATERLOO CATHOLIC DISTRICT SCHOOL BOARD (10) 58 KIT / 125 SEABROOK DRIVE BUILT BY ENGINEERS CONSTRUCTION INC Subject: Committee of Adjustment Meeting May 21, 2024, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2024 - 033 1955 Fischer Hallman Road No concerns. 2) A 2024 - 034 215 Morgan Avenue 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/on the proposed development. 3) A 2024 - 035 42 Hazelglen Drive No concerns. 4) A 2024 - 036 50 Confederation Drive No concerns. 5) A 2024 - 037 67 Blucher Street No concerns. 6) A 2024 - 038 32 Montana Crescent There are no conditions for the above application. However, the applicants are advised that there would be impacts from road noise from Highland Road West to the existing and proposed dwellings/buildings. The applicants are responsible for ensuring no environmental noise impacts from/on the proposed development. 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍЏЏАЌБЊ tğŭĻ Њ ƚŅ Ћ 7)A 2024 -039114 BrandonAvenueNo concerns. 8) A 2024 - 040 39 Turner Avenue No concerns. 9) A 2024 - 041 133 Max Becker Drive No concerns. 10) A 2024 - 042 125 Seabrook Drive No concerns. 11) A 2024 - 043 500 Stauffer Drive 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 May 6, 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 May 21, 2024 Applications for Minor Variance A 2024-0331955 Fischer Hallman Road A 2024-034215 Morgan Avenue A 2024-03542 Hazelglen Drive A 2024-03650 Confederation Drive A 2024-03767Blucher Street A 2024-03832 Montana Crescent A 2024-039114 Brandon Avenue A 2024-04039 Turner Avenue A 2024-041133 Max Becker Drive A 2024-042125 Seabrook Drive Applicationfor Consent B 2024-0087Upper Mercer Street, Units B6 & B7 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