HomeMy WebLinkAboutDTS-06-086 - OMB Settlement Hearing MP04/04/G/CB, ZC04/18/G/CB, SP05/20/F/CB, 715 Fischer Hallman Rd1
Kd LR
Development&
Technical Services
6 REPORT
Report To: Development and Technical Services Committee
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Date of Report:
Report No.:
May 15, 2006
Jeff Willmer, Director of Planning (741 -2325)
Cory Bluhm, Planner (741 -2776)
South Ward (4), Councillor Michael Galloway
May 10, 2006
DTS -06 -086
Subject: OMB Settlement Hearing
MP04 /04 /G /CB
ZC04 /18 /G /CB
SP05 /20 /F /CB
715 Fischer Hallman Road (formerly Grove Drive)
1581780 Ontario Limited (Jamesway Construction)
RECOMMENDATION:
That subject to the resolution of the traffic issues and required road improvements to the
satisfaction of the Regional Municipality of Waterloo, the proposed Municipal Plan Amendment
and Zoning By -law Amendment set out in Report No. DTS -06 -086 be supported as the basis for
resolution of the appeals by 1581780 Ontario Limited in OMB File Nos. 0050114 & Z050102.
BACKGROUND:
In 2004 and 2005, 1581780 Ontario Limited (Jamesway Construction) submitted applications for
a municipal plan amendment, zone change and site plan at 715 Fisher Hallman. The purpose
of these applications is to expand the existing commercial plaza at 685 Fischer Hallman Road
southerly, to the hydro corridor. A maximum 45m of the 60m wide hydro corridor is also
proposed to be commercial lands, with the remaining 15m to be a future community trail.
Jamesway and the Region, however, have been unable to agree on the necessary
transportation improvements to Fisher Hallman Road. City Planning staff elected not to bring
any recommendations forward to Council until such time as the traffic concerns were
addressed. As a result, Jamesway appealed the City of Kitchener's lack of action and decision
on its applications.
An OMB hearing has been scheduled for Monday June 5t" for 5 days However, it appears the
Region and Jamesway are close to agreeing on a solution — essentially a dual left turn lane
along Fisher Hallman to accommodate left hand turns in and out of the site. As such, City
Planning staff need to provide the OMB with a supporting basis as to why the applications
represent good planning.
REPORT:
Proposed Amendment to the City of Kitchener's Municipal Plan
The proposed land use change, from the current Low Rise Residential designation to the
proposed Planned Commercial Campus designation, would require an amendment to Map no 4
"Land Use Plan" only.
Providing the traffic related concerns of the Regional Municipality of Waterloo can be
addressed, the proposed amendment represents good and orderly land use planning. The
hydro corridor acts as a logical edge of the commercial land use. The current low rise
residential land use no longer represents the best, highest and most efficient use of these lands.
Given the proximity to existing commercial uses and the Primary Arterial road, these lands are
better suited for commercial land uses, rather than low rise residential land uses.
Proposed Amendment to Zoning Bylaw 85 -1
The proposed zoning change would change the zoning on the subject lands from Arterial
Commerical Corridor Zone C -6 (685 Fisher Hallman Road), Residential Six Zone R -6 (715
Fisher Hallman Road) and Open Space Zone P -2 (hydro corridor) to Commercial Campus Zone
C -8, with Special Regulation Provision 440R.
The purpose of Special Regulation Provision 440R is to:
i) permit a 0 metre yard setback along the property line which abuts the hydro
corridor;
ii) permit a 0 metre yard setback along any side or rear property line for a garbage
enclosure; and,
iii) for the purposes of calculating the required off - street parking, to permit such
parking to be permitted off -site without the need for a perpetual agreement.
Once again, providing the traffic related concerns of the Regional Municipality of Waterloo can
be addressed, the proposed zoning amendment represents good and orderly planning. The
proposed C -8 zone is currently used by other lands in the same Commercial Campus, being
1400, 1440 and 1450 Ottawa Street South. The proposed zone will implement the proposed
Planned Commercial Campus land use designation.
The special regulations contained in provision 440R are also appropriate.
It is unlikely that the hydro corridor will be developed with new building construction. As such,
the need to separate buildings from these adjacent lands is unnecessary. Similarly, as the
owners of 715 Fisher Hallman Road have secured a lease to use a portion of the hydro corridor
for parking, the reduction in the required yard setback will allow both properties to be developed
as and function as one coordinated development, as shown on the proposed site plan attached.
The purpose of reducing the yard setback for garbage enclosures is to legalize an existing
situation. The existing enclosure was originally constructed under the assumption that it does
not meet the definition of a building under the zoning bylaw. However, this interpretation has
since changed, and the enclosure now must meet the required yard setbacks. As the setback
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refers only to garbage enclosures, and not to the primary commercial buildings, and as the
subject commercial lands are only surrounded by open space and not residential lands, the
resulting impact on adjacent residential properties would be minimal.
Proposed Site Plan and Site Plan Agreement
The proposed site plan has been reviewed by the City's Site Plan Review Committee, which
includes City and Regional Transportation Planning staff. While no official approval has been
granted, the proposed site plan generally addresses the comments received during the review.
Planning staff have developed standard conditions of Site Plan Approval and a standard
development agreement pursuant to Section 41 of the Planning Act, for consideration by the
OMB.
The proposed site plan and related conditions are consistent with the proposed zoning bylaw,
the City's urban design guidelines and standards, and are appropriate for the proposed
development.
Overall Planning Opinion
Until such time as the Regional Municipality of Waterloo is satisfied that a satisfactory
transportation study has been completed, the City of Kitchener cannot conclude that the
proposed applications represent good planning, are consistent with and meet the requirements
of the City's Official Plan, and are consistent with the Provincial Policy Statements.
However, if the Region advises the City that the proposed developments will create an effective
and efficient transportation system, and will not create potential concerns for public safety, the
proposed applications would be consistent with the Provincial Policy Statements, comply with
the City of Kitchener Municipal Plan, and the Planning act, and would represent good land use
planning that is in the public interest.
FINANCIAL IMPLICATIONS:
No Capital expenditures required as part of the approvals or development of on these specific
lands.
COMMUNICATIONS:
Preliminary notice of the Municipal Plan Amendment and Zone Change were mailed to property
owners within 120m of the subject lands, in November of 2004. No public comments or
concerns were received.
CONCLUSION:
Based on the foregoing, the Department of Development and Technical Services recommends
that, pending resolution of Regional transportation planning concerns, Council support staff's
position that the proposed Municipal Plan Amendment and Zoning By -law Amendment
applications represent good planning.
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Cory Bluhm, BES
Planner
Attac:hmPnt .q,-
Draft Municipal Plan Amendment and Schedule `A'
Draft Amending Zoning Bylaw and Map No. 1
Jeff Willmer, RPP, MCIP
Director of Planning
AMENDMENT NO.63 TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
CITY OF KITCHENER
715 FISCHER HALLMAN ROAD
TNDF,X
SECTION 1 TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
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AMENDMENT N0.63 TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
SECTION 1— TITLE AND COMPONENTS
This amendment shall be referred to as Amendment No.63 to the Municipal Plan of the City of
Kitchener. This amendment is comprised of Sections 1 to 4 inclusive.
SECTION 2 — PURPOSE OF THE AMENDMENT
This Municipal Plan Amendment proposes to amend the existing `Low Rise Residential' land
use designation of the lands municipally known as 715 Fischer Hallman Road, the former Grove
Drive right -of -way, and the existing hydro corridor to the `Planned Commercial Campus' land
use designation. The subject lands are shown on the attached Schedule A.
SECTION 3 — BASIS OF THE AMENDMENT
1581780 Ontario Limited has applied for a Municipal Plan Amendment and Zone Change
amendment to facilitate the development of a mixed use office commercial building adjacent to
the existing plaza located at 685 Fischer Hallman Road.
1581780 Ontario Limited is proposing to develop a multi- storey building containing a mix of
office and commercial uses.
The adjacent electricity transmission corridor is also to be designated for commercial use in
order to provide for parking under the transmission line to support the adjacent commercial uses.
The transmission corridor forms a logical southern limit to the commercial node.
Municipal Plan Amendment
The current land use designation on the subject property is Low Rise Residential. This
designation recognized property as an area of existing residential development. However, over
the past 10 years, other lands in this area have developed as a large commercial destination
within the City of Kitchener. The proposed Municipal Plan amendment will increase the area of
the `Planned Commercial Campus' to include the subject land within the same designation as the
surrounding commercial development.
SECTION 4 — THE AMENDMENT
1. The Municipal Plan for the City of Kitchener is hereby amended as follows:
a. That the land use designation for the property municipally known as 715 Fischer
Hallman Road and a portion of the adjoining hydro corridor be amended from
Low Rise Industrial to Planned Commercial Campus.
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a By-law to amend By-law 85-1, as amended, known as the Zoning By-law for the City
of Kitchener — 1581780 Ontario Limited, 1465762 Ontario Limited and Ontario Hydro — Fischer
Hallman Road)
WHEREAS it is deemed expedient to amend By -law 85 -1;
NOW THEREFORE the Council of the Corporation of the City of Kitchener enacts as follows:
1. Schedules No. 47 and 67 of Appendix "A" to By -law Number 85 -1 are hereby amended
by designating as Commercial Campus Zone (C -8) with Special Regulation Provision
440R instead of Arterial Commercial Zone (C -6), Residential Six Zone (R -6) and Open
Space Zone (P -2), the parcels of land legally described as Part Lot 47, German Company
Tract, (municipally known as 685 Fischer Hallman Road, 715 Fischer Hallman Road and
part of the Former Grove Drive Right -of -way), in the City of Kitchener, as shown on
Map No 1 attached hereto.
2. Schedules No. 47 and 67 of Appendix "A" to By -law Number 85 -1 are hereby further
amended by incorporating the amended zone boundaries as shown on Map No. 1 attached
hereto.
3. Appendix "D" to By -law 85 -1 is hereby amended by adding the following section 440
thereto as follows:
"440. Notwithstanding Section 6.1.1.1 a)ii, 6.1.1.1 a)iii and 13A.2.1 of this By -law, within the
lands zoned C -8 on Schedules No. 47 and 67 and legally described as Part Lot 47,
German Company Tract, in the City of Kitchener (Municipally known as 685 Fischer
Hallman Road, 715 Fischer Hallman Road and part of the Former Grove Drive Right -of-
way), the following shall apply:
a) the minimum side yard setback shall be 3.Om, except where the side lot line abuts
a hydro corridor, in which case no side yard shall be required along the length of
such abutting side;
b) the minimum setback for a garbage enclosure in a side or rear yard shall be 0
metres;
C) for the purposes of calculating required parking subsection 6.1.1.1 a) iii) shall not
apply;
d) the use of the hydro corridor for purposes accessory to a commercial use shall not
be permitted within 15 metres of a residential lot line."
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4. This By -law shall come into effect only upon the approval of the Ontario Municipal
Board /Minister of Municipal Affairs, or his /her designate, of Municipal Plan Amendment
No. 63, (715 Fischer Hallman Road) but, upon such approval, the provisions hereof shall
be deemed to have come into force on the date of passing thereof.
APPROVED by the Ontario Municipal Board this day of
P
, 2006.
Mayor
Clerk