HomeMy WebLinkAboutDTS-07-075 - Municipal Plan Amendment MP 06/03/F/DR, 1548 Fischer Hallman RdI L REPORT 74
Report To: Development and Technical Services Committee
Date of Meeting: May 28, 2007
Submitted By: Jeff Willmer, Director of Planning (741-2325)
Prepared By: Tina Malone-Wright, Senior Planner (741-2765)
Ward(s) Involved: Ward 4
Date of Report: May 11, 2007
Report No.: DTS-07-075
Subject: MUNICIPAL PLAN AMENDMENT MP 06/03/F/DR
KITCHENER PORTUGUESE CLUB INC.
1548 FISCHER HALLMAN ROAD
RECOMMENDATION:
1. That Municipal Plan Amendment MP 06 /03 /F /DR (Kitchener Portuguese Club Inc. — 1548
Fischer Hallman Road) be adopted, to amend the City's Municipal Plan as follows:
i) Map 5 — Land Use Plan is amended by designating the lands to `Low Rise Residential'
instead of `Business Park' as shown on the attached Schedule `A', Land Use Plan.
ii) Map 8 — Special Policy Areas is amended by deleting a portion of Special Policy Area
No. 17 from the area as shown on the attached Schedule `B', Special Policy Areas.
iii) Map 8 — Special Policy Areas is amended by deleting the phrase "17. Lancaster &
Westmount Corporate Centre" and replacing it with "17. Lancaster & Fischer Hallman
Corporate Centre" as shown on the attached Schedule `B', Special Policy Areas.
EXECUTIVE SUMMARY:
The subject property which is 10.16 hectares in area is located on the easterly side of Fischer
Hallman Road just north of Seabrook Drive in the Huron Community. The lands are currently
home to the Kitchener Portuguese Club which was established in 1969. The purpose of the
application is to redesignate the rear portion of the subject property, which would be
approximately 5.697 hectares in area, to facilitate its future development with a residential plan
of subdivision containing approximately 85 residential dwellings. The portion of the property
fronting onto Fischer Hallman would have an area of 4.466 hectares, and continue to be used
by the Kitchener Portuguese Club.
BACKGROUND:
As noted the Kitchener Portuguese Club was established on the subject lands in 1969. Since
that time the facility has grown and intensified the use of the property which includes several
dinner - dances a year, religious festivals highlighting Portuguese traditions and culture, providing
services for weddings and other special events, and renting out their soccer facility to other
soccer clubs across the Region. The Club would like to construct a new facility at this location
which would include a larger more modern building and which would continue to provide its
current services and functions.
Through the review of the Club's needs it was determined that any proposed expansion or
upgrading of their facility could be accommodated on the portion of the property adjacent to
Fischer Hallman Road. The rear portion of the property, 5.697 hectares, could be considered
surplus to the Club's needs and be developed for other purposes.
Since at least 2001, it has been contemplated that the rear portion of the subject property would
be developed as part of the Huron Village (Activa) Subdivision. Draft Plan of Subdivision 30T-
01201 (Activa) provided two road stubs to facilitate the extension of Valencia Avenue through
the rear portion of the lands owned by the Kitchener Portuguese Club. This plan of subdivision
was draft approved by Council on July 2, 2003.
In the spring of 2006, the applicant submitted applications to facilitate the development of the
rear portion of lands with a draft plan of subdivision containing approximately 85 dwelling units.
The applications included a draft plan of subdivision application and a municipal plan
amendment and a zone change application. Although it was previously contemplated that the
lands would be developed as part of the Huron Village (Activa) Subdivision, given the recent
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changes in the provincial policy with respect to employment land conversions, staff felt it was
appropriate to deal only with the municipal plan amendment application at this time. If the
municipal plan amendment was still considered appropriate in light of the new provincial
policies, then consideration could be given to the subdivision and zone change applications.
REPORT:
Provincial Policy Statement
The Municipal Plan amendment attached to this report identifies how the proposed municipal
plan amendment is consistent with the provincial policy.
City's Municipal Plan
The Municipal Plan amendment attached to this report provides the basis and explanation of the
proposed municipal plan amendment application.
The applicant had requested a special policy be added to the front portion of the subject
property to recognize the current and future use of the property by the Portuguese Club. Section
4.1.1.4 of the City's Municipal Plan recognizes uses which existed at the time of the approval of
the Plan which are not permitted in the specific land designation in which they are located
provided they do not have a negative impact on the environment. This can be done by site
specific zoning which would only permit the specific use in addition to the uses permitted in the
zone which ultimately implements the policies of the Plan. The site specific zoning would not be
considered to be in contravention of the policies of the Plan.
Accordingly, it is not necessary to deal with the current and future use of the front portion of the
property by the Portuguese Club through this municipal plan amendment. The use of the
property by the Portuguese Club can be considered at such time as the zone change
application and draft plan of subdivision application are considered for the rear portion of the
subject property subject of this amendment.
Huron Community Plan
The Huron Community Plan was adopted by Council on November 7, 1994. The land use plan
currently shows the front portion of the subject property being designated as 'Business
Park/Office' and the rear portion of the property being designated 'Low Density Residential'. The
proposal for residential development of the rear portion of the property is consistent with the
policies of the Huron Community Plan. No revisions to the community plan are required.
Agency/Department Comments
No concerns or objections to the proposed municipal plan amendment were received through
the preliminary circulation of the application.
Community Input
As a result of the preliminary circulation of the proposed municipal plan amendment two letters
from adjacent landowners were received by Planning Staff. Both letters expressed concern
relative to their current application for a municipal plan amendment (MP 04/03/B/BS) on
neighbouring lands to the north and northwest of the subject property. Application MP
04/03/B/BS is an application submitted on behalf of multiple landowners to change the land use
designation from the existing 'Agricultural' and 'Business Park' designations to 'Residential' I
`Open Space', and 'Major Institutional' land uses. The application was circulated for comment to
identify any issues that would assist in the establishing of a terms of reference for a community
plan study, the consideration of the subject municipal plan amendment application and the
determination of planning the future land use and design of this area of the City.
K
One of the letters, from Activa Holdings Inc., expressed objection to the proposed municipal
plan amendment in advance of a decision on their own municipal plan amendment for
redesignation of employment lands.
Both the lands owned by Activa and the Portuguese Club are located within the Huron
Community Plan. With respect to the application subject to this report, the approved Huron
Community Plan already designates the rear portion of the subject property for residential use.
In accordance with this designation in the Huron Community Plan, draft plan of subdivision 30T-
01201(Activa), contemplated the development of these lands for residential purposes and
provided road stubs to these lands for future access.
In the case of the more northerly Activa lands, they are designated for Business Park use in the
Huron Community Plan. Their redesignation to non-employment uses is being considered in the
context of a new community plan for the lands south of Bleams Road between Trussler and
Fischer Hallman. In the processing of Municipal Plan Application MP 04/03/B/BS, Planning staff
will also be developing a community plan that will determine future design and land use in the
area. It is appropriate to include these lands in the development of a new community plan to
ensure that the distribution and integration of employment opportunities in residential areas is
being reviewed comprehensively.
The other letter from a neighbouring landowner, South Estates Farms, wished to ensure that the
evaluation and review of the Portuguese Club application, particularly any required
comprehensive review, would not be premised upon any assumptions with respect to any future
land uses proposed by application MP 04/03/B/BS. As discussed in the attached municipal plan
amendment, the application proposed by the Portuguese Club was exempted from Phase 1 of
the comprehensive review process and accordingly, its review was independent of any
proposals subject of application MP 04/03/B/BS.
FINANCIAL IMPLICATIONS:
None.
COMMUNICATIONS:
Preliminary circulation of the proposed municipal plan amendment was undertaken on July 26,
2006 to all prescribed agencies/public bodies and to all property owners within 120 metres of
the subject lands. As a result of the circulation of the application, staff received two letters from
representatives of landowners to the north and northwest of the subject property. Their
concerns related to the impact that the consideration and approval of this municipal plan
amendment application would have on their current application for an amendment to the
municipal plan. This has been discussed above.
Notice of the May 28, 2007 public meeting of the Development and Technical Services
Committee was advertised in The Record on May 4, 2007. A copy of the advertisement is
attached. All persons who inquired or responded to the preliminary circulation were notified of
the date of the public meeting and mailed a copy of this staff report.
CONCLUSION:
Based on the foregoing, the Municipal Plan Amendment is considered appropriate for the
redevelopment and use of the rear portion of the subject property for residential use and would
be compatible with the surrounding lands. The amendment is consistent with the objectives of the
Provincial Policy Statement and complies with the Regional Official Policies Plan. The
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amendment will allow the expansion and upgrading of the current Portuguese Club and facilitate
the extension of Valencia Avenue in the Huron Village Subdivision.
Tina Ma|one4WhghL.MC|P.RPP Alain Pinard.MC|P.RPP
Senior Planner Manager of Long Range and Policy Planning
Della Romm, MC|P, RPP Jeff WiUmer MC|P, RPP
Manager of Development Review Director of Planning
Aopendix^A^ - NevvmpaperAdvertisennent
Appendix ^B^- Proposed Municipal Plan Amendment
Appendix "C" - Preliminary Circulation and Department/Agency Comments
Appendix "D" - Community Input
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APPENDIX "A"
Councillor Kelly Galloway
South Ward
MP 06/03/F/DR
Kitchener Portuguese Club Inc.
Advertised in The Record — May 4, 2007
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED MUNICIPAL PLAN AMENDMENT
UNDER SECTION 22 OF THE PLANNING ACT
1548 Fischer Hallman Road
The property is currently designated 'Business Park' in the City's Municipal Plan. The applicant
proposes to redesignate the rear portion of the subject property to 'Low Rise Residential' to
facilitate its future development with a residential subdivision containing approximately 85
residential dwellings. The applicant also proposes to add a special policy to the front portion of
the subject property abutting Fischer Hallman Road to recognize the existing Kitchener
Portuguese Club and its current use of these lands.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES
COMMITTEE, a Committee of Council dealing with planning matters, on MONDAY, MAY 28, 2007
AT 7:00 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING STREET
WEST, KITCHENER.
Any persons may attend the Public Meeting and make written and/or verbal representation either in
support of or in opposition to the proposed Municipal Plan Amendment. If a person or public
body that files a notice of appeal of a decision of The Regional Municipality of Waterloo in
respect of the proposed municipal plan amendment does not make oral submissions at a
public meeting or make written submissions to the City of Kitchener before the proposed
municipal plan amendment is adopted by City Council, the Ontario Municipal Board may
dismiss all or part of the appeal.
If you wish to be notified of the adoption of the proposed municipal plan amendment, you
must make a written request to:
Mr. Randy Gosse, City Clerk
The City of Kitchener
City Hall, P.O. Box 1118
200 King Street West
Kitchener, Ontario
N2G 4G7
ADDITIONAL INFORMATION relating to the proposed Municipal Plan Amendment is available for
inspection between 8:30 a.m. and 5:00 p.m. at the Department of Development and Technical
Services, Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener.
Tina Malone- Wright, MCIP, RPP
Senior Planner
741 -2765 (TTY -TDD — 741 -2385)
ti na. malonewrig ht @kitchener. ca
rA
AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
KITCHENER PORTUGUESE CLUB INC. -
1548 FISCHER HALLMAN ROAD
AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
KITCHENER PORTUGUESE CLUB INC. —
1548 FISCHER HALLMAN ROAD
SECTION I TITLE AND COMPONENTS
SECTION 2 PURPOSE OF THE AMENDMENT
SECTION 3 BASIS OF THE AMENDMENT
SECTION 4 THE AMENDMENT
SCHEDULE `A' Amendment to Map 5 — Land Use Plan
SCHEDULE `B' Amendment to Map 8 — Special Policy Areas
APPENDICES
APPENDIX I Notice of Public Meeting of Development and Technical
Services Committee — May 28, 2007
APPENDIX 2 Minutes of the May 28, 2007 Public Meeting of the
Development and Technical Services Committee
APPENDIX 3 Minutes of Council — , 2007
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AMENDMENT NO. TO THE MUNICIPAL PLAN
OF THE CITY OF KITCHENER
SECTION 1— TITLE AND COMPONENTS
This Amendment shall be referred to as Amendment No. to the Municipal Plan of the City of
Kitchener. Sections I to 4 inclusive of this document shall constitute the Amendment.
SECTION 2 — PURPOSE OF THE AMENDMENT
The purpose of the amendment is to redesignate the rear portion of 1548 Fischer Hallman Road,
5.697 hectares, from 'Business Park' to 'Low Density Residential'. The amendment will also
amend the boundaries of Special Policy Area No. 17 to be consistent with the boundary of the
`Business Park' land use designation.
SECTION 3 — BASIS OF THE AMENDMENT
Provincial Policy Statement
In 2005 with the new Provincial Policy Statement and in 2006 with the Places To Grow Plan the
Province of Ontario identified the preservation of employment lands as a matter of provincial
interest. In order to protect employment lands, policies were put in place to require a
comprehensive review of employment areas to ensure municipalities would have sufficient
employment lands in relation to current and projected needs over the long term.
This municipal plan amendment application is subject to the policies of the Provincial Policy
Statement. The application predates the Places To Grow Plan which came into effect on June 16,
2006. Section 1.3 of the Provincial Policy Statement — Employment Areas states that planning
authorities may permit the conversion of employment areas to non-employment uses through a
comprehensive review which demonstrates that the lands are not required for employment
purposes over the longer term.
In the fall of 2006, City of Kitchener Planning staff, along with other planning staff from
municipalities within the Region of Waterloo met with Regional Planning staff to develop a
common understanding and interpretation of the employment area conversion policies of the
Provincial Policy Statement and the Growth Plan. The working group determined that the
comprehensive review process could be completed in 2 phases. Through the first phase of the
comprehensive review, properties would be evaluated against four criteria to identify whether
they could reasonably be exempted from the comprehensive review process while still meeting
the intent of the provincial policies. The second phase of the comprehensive review process
would be undertaken by the individual municipalities and would include a review of the
remaining employment lands within the municipal boundaries to determine whether they are
appropriate and needed to meet the municipality's future needs based on growth forecasts and
planning objectives.
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A two phase process to deal with the employment area policies in the PPS and Places To Grow
was adopted by Regional Council on January 17, 2007. The recommendations in the report allow
the processing of individual applications proposing the conversion of employment lands to non-
employment type uses prior to municipalities completing Phase 2 of the comprehensive review
process.
In considering the criteria, staff are of the opinion that criteria iii) and iv) can be applied to the
subject application.
iii) The subject lands consist of remnant parcels located within an area where the local
municipality determines a land use transition has already taken place to an extent to
sufficient to warrant conversion of the entire area.
The adoption MPA 49 and the draft approval of the Huron Village (Activa) Subdivision to the
south and east of the subject property in 2003 began the transition of a portion of the lands along
Fischer Hallman Road from 'Business Park' to 'Residential'. Even before those approvals, the
Huron Community Plan which was adopted in 1994, contemplated residential development for
these lands. The remaining 'Business Park' parcels of land along Fischer Hallman are sufficient
size to provide many opportunities for employment uses and have been or will be zoned to
provide for appropriate uses and buffers from the adjacent residential development.
The redesignation of the rear portion of the Portuguese Club will provide the lands necessary to
provide for anticipated extension and completion of Valencia Avenue in the Huron Village
(Activa) Subdivision.
The retention of some 'Business Park' lands along Fischer Hallman Road is appropriate given
visibility and the functionality of the road. These lands have the ability to provide employment
opportunities to the residents of adjacent subdivisions and contribute to more complete
communities.
iv) The local municipality, in consultation with the Region in its role as the designate of
the Province relating to land-use compatibility, has determined that the subject
parcels are effectively surrounded by uses which are sensitive to and would be or are
negatively impacted by the establishment or continuation of industrial activities.
The lands to the east and south of the subject property were redesignated and zoned 'Residential'
in 2003 to facilitate the Huron Village (Activa) Subdivision. With the redesignation of the rear of
the subject property, the east/west dividing line between the 'Business Park' lands fronting onto
Fischer Hallman Road and the 'Low Density Residential' lands will be consistent and provide an
appropriate divide between the two different land uses. Also, with the redesignation,
development of the 'business park' lands along Fischer Hallman Road will only have to deal
with one lot line abutting residentially designated lands rather than two lot lines which exist now
for the Portuguese Club lands.
The issue of compatibility was reviewed through the development of the Huron Community Plan
and further examined through the review and approvals of the Huron Village (Activa)
Subdivision.
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Regional Planning staff have stated that they have no objections to the proposed municipal plan
amendment and based on the criteria as noted above, the subject amendment is consistent with
the provincial policies.
City's Municipal Plan
The subject property is currently designated 'Business Park' in the City's Municipal plan. The
amendment proposes to change the designation of the rear portion of the subject property to
`Low Density Residential'. This designation permits a full range of housing types to a maximum
density of 25 units per hectare. A maximum floor space ratio of 0.6 shall be applied and no
building shall exceed 3 storeys in height at street level. The 'Low Density Residential' land use
designation would allow the rear portion of the subject property to be developed for residential
purposes.
The front portion of the property abutting Fischer Hallman Road, which would contain the
existing Portuguese Club, is proposed to remain designated 'Business Park'. This land use
designation caters to the needs of the technical and/or scientific businesses such as computer,
electronic, data processing, and research and development firms. The designation also provides
for additional office, commercial and service uses not permitted in other industrial areas and
some manufacturing and industrial businesses having a commercial component or requiring
areas for the storage of goods.
The boundaries of Special Policy Area No. 17 are also proposed to be revised to delete it from
the rear portion of the Portuguese Club property and to reflect Municipal Plan Amendment No.
49. MPA 49 redesignated lands from 'Business Park' to 'Low Rise Residential' as part of the
approvals of the Huron Village (Activa) Subdivision. Special Policy Area No. 17, which only
applies to the 'Business Park' designation should have been revised at that time to delete it from
the lands proposed to be designated 'Low Rise Residential' but was inadvertently missed.
The need to retain industrial land or employment opportunities on this site is outweighed by the
improved compatibility of the proposed residential development. It is also acknowledged that the
nearby Huron Business Park provides a significant range of opportunities in the community for
employment land development or intensification.
In accordance with Municipal Plan Policy 5.3.6, the future zoning of the lands currently
designated and proposed to remain 'Business Park' will be subject to additional buffering
requirements by means of building setback, berming, land use, open space or landscaped
screening. This will ensure compatibility with the adjacent lands proposed to be designated 'Low
Density Residential'.
Based on the foregoing, the Municipal Plan Amendment is considered appropriate for the
redevelopment and use of the rear portion of the subject property and would be compatible with
the surrounding lands. The amendment is consistent with the objectives of the Provincial Policy
Statement and complies with the Regional Official Policies Plan.
SECTION 4 — THE AMENDMENT
The Municipal Plan for the City of Kitchener is hereby amended as follows:
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1) Map 5 — Land Use Plan is amended by designating the lands to 'Low Rise Residential'
instead of 'Business Park' as shown on the attached Schedule W. Land Use Plan.
2) Map 8 — Special Policy Areas is amended by deleting a portion of Special Policy Area
No. 17 from the area as shown on the attached Schedule 'B', Special Policy Areas.
3) Map 8 — Special Policy Areas is amended by deleting the phrase "17. Lancaster &
Westmount Corporate Centre" and replacing it with "17. Lancaster & Fischer Hallman
Corporate Centre" as shown on the attached Schedule 'B', Special Policy Areas.
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