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Home My WebLink AboutDSD-2025-077 - A 2025-022 - 25 Haldimand Street Development Services Department www.kitchener.ca REPORT TO: Committee of Adjustment DATE OF MEETING: March 18, 2025 SUBMITTED BY: Tina Malone-Wright, Manager, Development Approvals 519-783-8913 PREPARED BY: Evan Wittmann, Senior Planner, 519-783-8523 WARD(S) INVOLVED: Ward 5 DATE OF REPORT: March 5, 2025 REPORT NO.: DSD-2025-077 SUBJECT: Minor Variance Application A2025-022 25 Haldimand Street RECOMMENDATION: That Minor Variance Application A2025-022 for 25 Haldimand Street requesting relief from the following sections of Zoning By-law 85-1: i) Section 6.1.1.d) i) to permit parking between the façade and the front lot line whereas parking is not permitted in this location; ii) Section 6.1.2 a) to permit a parking requirement of 52 parking spaces instead of the minimum required 53 parking spaces; iii) Section 6.1.2. b) vi) A) to permit a visitor parking requirement of 6 spaces instead of the minimum required 8 visitor parking spaces; and, iv) Section 42.2.1 to permit a Floor Space Ratio (FSR) of 0.55 whereas 0.6 is required. AND the following sections of Zoning By-law 2019-051: i) Section 5.3.3. b) i) to permit parking in the front and exterior side yards whereas parking is not permitted in these locations. ii) Section 5.6. a), Table 5-5, to permit a parking requirement of 61 parking spaces instead of the minimum required 72 parking spaces; iii) Section 5.6. a), Table 5-5, to permit a visitor parking requirement of 6 visitor parking spaces instead of the minimum required 11 visitor parking spaces; iv) Section 5.6. a), Table 5-5, to permit a Class A bicycle parking space requirement of 32 Class A bicycle spaces instead of the minimum required 36 bicycle spaces; v) Section 5.6. a), Table 5-5, to permit an EV ready parking space requirement of 0 spaces instead of the minimum required 17 EV ready parking spaces; vi) Section 19, Site-Specific Provision (251) to permit a Floor Space Ratio (FSR) of 1.0 whereas 0.75 is required; and, *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. vii) Section 19, Site-Specific Provision (251) to permit a maximum building height of 12 metres instead of the maximum permitted 11.5 metres. to permit the development of the property located at 25 Haldimand Street in accordance with Site Plan Application SPF24/094/F/EW, BE APPROVED. REPORT HIGHLIGHTS: The purpose of this report is to review and make a recommendation regarding the minor variance application for 25 Haldimand Street. The key finding of this report is that the variances meet the four tests of the Planning Act and approval is recommended. 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 southwestern area of the City, east of Fischer- Hallman Road, bordered by Haldimand Street and Broadacre Drive. The subject property is currently vacant and is part of the greater Wallaceton subdivision, being Phase 6 of the development. FIGURE 1: THE SUBJECT PROPERTY (PHOTO TAKEN FEBRUARY 28, 2025) FIGURE 2: AERIAL VIEW OF THE SUBJECT PROPERTY The subject property is uniquely positioned with roughly half of the property being within the Rosenberg Secondary Plan area and Zoning By-law 85-1 (the western side of the property), and the other half of the property being outside the Secondary Plan area and is under Zoning By-law 2019-051 (the eastern side of the property). The western side of the Urban Corridor on Map 2 Urban Structure, Rosenberg Secondary Plan Community Structure Plan and Medium Density Residential Two Map 22e Rosenberg Secondary Land Use FIGURE 3: OFFICIAL PLAN DESIGNATIONS (TOP LEFT: MAP 2, TOP RIGHT: MAP 3, BOTTOM LEFT: MAP 22a, BOTTOM RIGHT: MAP 22e) The western side of the subject Residential Eight Zone (R-8 425U, 467U, 67H, 737R-law 85-1, and the eastern side of the subject property is zoned Zone (RES-5 (251), (252), (253)-law 2019-051. FIGURE 4: ZONING This dual zoning results in a number of variances being required to facilitate development, as the provisions of each Zoning By-law are applied to the land they cover, regardless of the subject property being a single parcel. For example, the western side of the subject property is planned for 30 dwelling units. The R-8 zone in place on this area of the subject property is then applied to just these 30 units (i.e. Parking requirements for 30 units, the Floor Space Ratio of these units, etc.). FIGURE 5: SITE PLAN AND ZONING BY-LAW OVERALY The purpose of the application is to facilitate the development of the subject property for 102 stacked townhouse units, in accordance with Site Plan Application file SPF24/094/F/EW. REPORT: Planning Comments: Due to the number of variances requested, and their need being almost entirely due to the dual zoning of the subject property, the variances will be reviewed, where appropriate, in a collective manner rather than one-by-one. 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 Considering the subject property as a whole, the parking arrangement proposed is consistent with policy direction, being an adequate supply on a site wide basis and generally located internal to the site and away from public view. Two variances have maximums established in the Official Plan: Floor Space Ratio (FSR) and building height. Policy 15.D.3.11 of the Official Plan states that within lands designated Low Rise Residential, the maximum FSR is 0.75 and cannot be increased without an Official Plan Amendment. This land use designation applies to only the eastern half of the subject property. The western half of the subject property is designated Medium Density Residential Two in the Rosenberg Secondary Plan, which establishes a minimum FSR of 0.6 and maximum of 2.0. The eastern side of the subject property proposes an FSR of 1.0, while the western side of the subject property proposes 0.55. Based on the total site area and not the land use designations, the total FSR is 0.77. comply with the FSR requirements of the respective land use designations; however, this would likely be a detriment to the function of the site as a whole and design as a single property. Considering the minimums and maximums of the two designations, the requested 0.77 FSR across the entire site is an appropriate compromise of the 2.0 and is in keeping with the general intent of the Official Plan. Regarding building height, Low Rise Residential policy 15.D.3.12 establishes that no building will exceed 3 storeys or 11 metres in height, with relief being considered on a site- by-site basis. The subject property is subject to a site-specific provision (251) that permits building heights of 11.5 metres. compatible with the built form and physical character of the neighbourhoodThe proposed built form is consistent with the other stacked townhouses located in the Wallaceton development and is in general compatible with the single detached and street townhouse dwellings located in the immediate area, which are also separated by a municipal road. The subject property features a grade change upwards towards Fischer-Hallman Road, which will minimize transition impacts on the existing heritage property adjacent to the subject property. Overall, the requested variances meet the general intent of the Official Plan. General Intent of the Zoning By-law Several of the variances requested are resolved when reviewing the site as a whole. For example, although a variance is requested to provide zero EV ready spaces on the lands zoned RES-5, the number of EV ready spaces required are provided on the land zoned R-8. If the subject property was entirely under Zoning By-law 85-1, two variances would be required: a reduced parking rate where 1.5 parking spaces per dwelling unit would be required and permitting parking between the façade and front lot line. If the subject property was entirely under Zoning By-law 2019-051, three variances would be required: building height, parking being permitted in the front and exterior side yard, and the maximum FSR. The consistent variances between the two Zoning By-laws is the location of parking; being between the façade and front lot line or being in the front and exterior side yards. As this is the only consistent variance, logically it would be the variance that may not be consistent with the general intent of the Zoning By-laws. The intent of these provisions is to keep parking areas internal to a site and away from public view. The following figure outlines the parking spaces in question, with the red box being Zoning By-law 81-5, and the blue box being Zoning By-law 2019-051. As illustrated, Zoning By-law 85-1 land. Considering the entire proposed development, only a portion of the parking space closest to the road would be between the façade and front lot line. Both outlined areas meet the intent of parking being generally away from the public realm and view. FIGURE 6: LOCATION OF OFFENDING PARKING SPACES Overall, the requested variances meet the general intent of the Zoning By-laws. Is/Are the Effects of the Variance(s) Minor? Although the number of variances may suggest that the application is not minor, the need for the variances is largely technical in nature due to the dual zoning of the subject property. A primary method to assess if variances are minor is to consider the impact on nearby properties. The subject property is part of a larger, comprehensively planned subdivision, featuring a mix of single detached, street townhouse, and stacked townhouse dwellings. The built form proposed and provisions thereof are consistent with those observed in the area. An adequate amount of parking is provided and is generally internal to the subject property. Considering the impact of the variances on a site wide basis, the effects of the variances are minor in nature. Is/Are the Variance(s) Desirable For The Appropriate Development or Use of the Land, Building and/or Structure? The variances facilitate the orderly development of the subject property, a vacant lot, introducing a stacked townhouse development that implements the Official Plan. The variances resolve a complicated land use framework that would feasibly require variances for any development consistent with the Official Plan to occur. The variances are desirable for the appropriate development and use of the subject property. Environmental Planning Comments: No natural heritage in this part of DP 30T- 07205. Trees only pre-existed at the south p/l. Several immature Wab / 1 hickory were approved for removal as part of the DVP for the subdivision due to grading constraints. Trees on adjacent property to the south and on 1940 FH to west are to be protected. Heritage Planning Comments: The subject property is located adjacent to 1940 and 1970 Fischer Hallman Road, which are both listed as non-designated properties of cultural heritage value or interest on the Municipal Heritage Register. This property is subject to an active planning application involving 1940 Fischer Hallman Road. Staff have no concerns regarding the requested parking and FSR variances as no impacts to the adjacent heritage properties are anticipated. With regards to the requested height variance, staff do not think there will be an adverse impact to the adjacent heritage resources due to the topography of the adjacent sites, and location and separation of the heritage resources. Further, the proposed stacked town homes remain three storeys. Building Division Comments: The Building Division has no objections to the proposed variance provided building permits for the stacked townhouses are obtained prior to construction. Please contact the Building Division at building@kitchener.ca with any questions. Engineering Division Comments: Engineering has no comments. Parks and Cemeteries/Forestry Division Comments: All Parks concerns will be addressed through SPF24/094/F. Transportation Planning Comments: City Transportation staff are supportive of the variances regarding reductions to the parking rate, Class A Bicycle Parking Spaces, Visitor Parking Space, and EV Ready Spaces, conditional to the regularly required rate of Class A Bicycle Parking Spaces, Visitor Parking Space, and EV Ready Spaces being provided in full on-site, rather than on the land of their respective zoning category. Region Comments: No concerns. GRCA Comments: GRCA has no objection to the approval of the above application. 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, a 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 Planning Statement (PPS 2024) Regional Official Plan Official Plan (2014) Zoning By-law 85-1 and 2019-051 ATTACHMENTS: Attachment A Proposed Site Plan Attachment B Site Plan with Zoning Overlay ATTACHEMENT A PROPOSED SITE PLAN ATTACHEMENT B SITE PLAN WITH ZONING OVERLAY March 4, 2025 Connie Owen City of Kitchener File No.: D20-20/ 200 King Street West VAR KIT GEN P.O. Box 1118 Kitchener, ON N2G 4G7 Subject: Committee of Adjustment Meeting March 18, 2025, City of Kitchener Regional staff has reviewed the following Committee of Adjustment applications and have the following comments: 1) A 2025 013 160 Grand River Boulevard - No Concerns 2) A 2025 014 51 Meadowridge Street - No Concerns 3) A 2025 015 1180 Union Street - No Concerns 4) A 2025 016 45-53 Courtland Avenue East - No Concerns 5) A 2025 017 1157 & 1175 Weber Street East- No Concerns 6) A 2025 018 - 60 Wellington Street North - No Concerns 7) A 2025 019 - 114 Madison Avenue South- No Concerns 8) A 2025 020 - 15 Palace Street - No Concerns 9) A 2025 - 021 - 2880 King Street East No Concerns 10) A 2025-022 - 25 Haldimand Street - No Concerns 11) A 2025-023 - 140 Byron Avenue No Concerns 12) A 2025-024 - 507 Stirling Avenue South No Concerns 13) A 2025-025 - 93-95 Kinzie Avenue No Concerns 14) A 2025-026 - 250 Frederick Street No Concerns 15) A 2025-027- 13 Chicopee Park Court No Concerns 16) A 2024-096 - 165 Fairway Road North No Concerns 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ 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, Tanikia Kinear, C.E.T. Senior Transportation Planner (519) 897-5691 5ƚĭǒƒĻƓƷ bǒƒĬĻƩʹ ЍВЋЉЍВЍ ĻƩƭźƚƓʹ Њ March 3, 2025 via email Marilyn Mills Secretary-Treasurer Committee of Adjustment City of Kitchener 200 King Street West Kitchener, ON, N2G 4G7 Dear Marilyn Mills, Re: Committee of Adjustment Meeting March 18, 2025 Applications for Minor Variance A 2024-096 165 Fairway Road North A 2025-013 160 Grand River Boulevard A 2025-014 51 Meadowridge Street A 2025-015 1180 Union Street A 2025-016 45-53 Courtland Avenue East A 2025-017 1157-1175 Weber Street East A 2025-018 60 Wellington Street North A 2025-019 114 Madison Avenue South A 2025-020 15 Palace Street A 2025-021 2880 King Street East A 2025-022 25 Haldimand Street A 2025-023 140 Byron Avenue A 2025-024 507 Stirling Avenue South A 2025-025 93-95 Kinzie Avenue A 2025-026 250 Frederick Street A 2025-027 13 Chicopee Park Court Applications for Consent B 2025-006 142 Carson Drive B 2025-007 13 Chicopee Park Court B 2025-008 11a & 11b Chicopee Park Court 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 are not subject to Ontario Regulation 41/24 and, 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