HomeMy WebLinkAboutCSD-17-010 - Zone Change ZC16-007-O-BB - 751 Ottawa Street South
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: February 13, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Catherine Lowery, Junior Planner,519-741-2200 ext. 7071
Brian Bateman, Senior Planner, 519-741-2200 ext. 7869
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: January 11, 2017
REPORT NO.: CSD-17-010
SUBJECT: ZONE CHANGE APPLICATION
ZC16/007/O/BB
751 Ottawa Street South
2291523 Ontario Inc.
_____________________________________________________________________________
RECOMMENDATION:
That Zone Change application ZC16/007/O/BB (2291523 Ontario Inc.) for the purpose of
changing the zoning of the subject property from Gas Station Zone (C-7)to Commercial
Campus Zone (C-8) with Special Use Provision 458U and Special Regulation 693R be
-January 8, 2016, attached to
Report CSD-17-010
Subject Property: 751 Ottawa Street South
*** This information is available in accessible formats upon request. ***
Please call 519-741-2345 or TTY 1-866-969-9994 for assistance.
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REPORT:
The subject property is municipally addressed as 751 Ottawa Street South and is located on the
southeast corner of Ottawa Street South and Strasburg Road. The site is currently vacant but
was previously developed as a gas station.Surrounding the site are commercial plazas to the
north and west, with low rise residential backing on to the property to the south and east.
The subject property is designated Planned Commercial Campus
zoned Gas Station Zone (C-7) -law 85-1. The Applicant is proposing to
change the current zoning to Commercial Campus Zone (C-8) in order to permit a restaurant.
The site plan submitted proposes a drive through fast food restaurant.Staff deems it appropriate
to re-zone the subject property to C-8, as the proposed use is suitable for the location and size
of the site, and will more appropriately implement the goals of the Official Plan.
Staff recommend adding Special Use Provision 458U to prohibit specific uses that are less
appropriate for the site, being those that may require a larger site to function or are more
suitable for other areas of the City. These prohibited uses include: Conference Centre; Private
Club or Lodge and Union Hall; Sale, Rental, Service, Storage or Repair of Motor Vehicles, Major
Recreational Equipment and Parts and Accessories for Motor Vehicles or Major Recreational
Equipment; Storage or Service of Tools and Industrial or Farm Equipment; and Transportation
Depot. In addition, staff is recommending Special Regulation 693R be added, which will better
inform and regulate the design of the site, specific to the proposed drive-through restaurant.
Planning Analysis:
Planning staff is of the opinion that the proposed zone change of the property to C-8 with
Special Use Provision 458U and Special Regulation 693R will benefit the subject property and
surrounding community. The proposed C-8 zone will allow for a broader range of uses that are
more in line with the planning direction set out in both the current and new Official Plans, and
will better implement the long term vision for this area of the City
that the proposed restaurant will be compatible with the surrounding commercial and residential
properties, and that the location of the subject property at the intersection of two arterial roads is
appropriate for the proposed use.
Through the review of the associated site plan application, Planning staff have determined that
the size of the site is appropriate to support the proposed use with respect to access, building
separation, and site circulation.Consideration has been given to the design to ensure the use is
compatible with the neighbouring residential properties. As a result, the building will be set back
from these properties, the intercom system will be located on the opposite side of the building
near the corner of Ottawa Street South and Strasburg Road, and a solid 2.4 metre (8 foot) fence
and 3 metre (9.8 foot) landscape buffer will separate the parking area from the adjacent
residential properties.
The Provincial Policy Statement (2014)
The Provincial Policy Statement sets the policy foundation for regulating the development and
use of land. With respect to achieving healthy, liveable and safe communities, the Provincial
Policy Statement promotes efficient development and land use patterns, accommodates an
appropriate range and mix of residential, employment (including commercial uses), recreational
and open space uses to meet long-terms needs, and avoids development and land use patterns
which may cause environmental or public health and safety concerns. Planning staff is of the
opinion that the proposed zone change will allow the subject site to accommodate additional
compatible employment opportunities to meet long-term needs of the surrounding community.
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As such, Planning staff is of opinion that the proposed zone change is consistent with the
policies and intent of the Provincial Policy Statement.
Growth Plan for the Greater Golden Horseshoe
Greater Golden Horseshoe. The Growth Plan promotes economic development and
competitiveness by providing for an appropriate mix of employment uses including industrial,
commercial and institutional uses to meet long-term needs of the community. Planning staff is of
the opinion that the proposal complies with the policies of the Growth Plan.
Regional Official Plan
The subject lands are designated as -up Area in the Regional Official Plan. The Region of
Waterloo advises that they do not have concerns with the proposed zone change.
City of Kitchener Official Plan (Ineffect)
Plan. This designation allows for a broad range of commercial uses. The proposed zone change
to allow a restaurant is not in conflict with the current Official Plan. A high level of urban design
is expected within lands designated Planned Commercial Campus. To achieve a high quality,
comfortable and aesthetic urban environment, the policies in the Official Plan require
appropriate screening and buffering for adjacent residential land uses. Staff notes that these
specific design concerns have been taken into consideration during the review of the site plan.
New City of Kitchener Official Plan
Kitchener City Council adopted a new Official Plan on June 30, 2014 which was approved by
the Region of Waterloo on November 19, 2014 and is now under appeal.
range of commercial uses including a restaurant.
Planning staff is of the opinion that the requested application conforms to the intent of the
current and new Official Plan as the proposed C-8 Zone will allow for compatible commercial
uses and the proposed Special Use Provision 458U will prohibit uses that may not be
appropriate for the size of the site. Further, Special Regulation 693R will better inform and
regulate the design of the site, specific to the proposed drive-through restaurant.
New City of Kitchener Zoning By-law
The City is currently undertaking a comprehensive review of the Zoning By-law to update the
various sections and to implement the new Official Plan. Staff note that the current C-7 zoning
of the subject property was likely applied to recognize the former gas station use. As part of this
review the existing zoning of this site will change to implement the Commercial Campus Official
Plan designation.
Site Plan
The Applicant submitted a site plan application to be reviewed concurrently with the zone
change application, giving staff and the Applicant the opportunity to work through site design
issues raised during the public consultation process of the zone change. A number of concerns
raised by neighbouring property owners have been addressed, such as the provision of a 2.4
metre (8 foot) high solid fence and appropriate landscaping/buffering. Other considerations,
including the location of the building and intercom system,site lighting, and garbage enclosures
have also been addressed.
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ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN:
through the delivery of core service.
COMMUNITY ENGAGEMENT:
INFORM and CONSULT The Zone Change Application was circulated to City departments,
commenting agencies and property owners within 120 metres of the subject land onSeptember
23, 2016 as per Planning Act requirements. A copy of all department/agency comments are
C to this report. A standard notice sign was placed on the subject land
advising of the zone change application.
agenda in advance of the committee meeting.
Staff received written responses from seven (7) adjacent residents (D).
Common concerns were related to: noise and light pollution; increased emissions from idling
vehicles; odours and rats; garbage/litter; increased traffic; loss of privacy and enjoyment of land;
lowered property values; safety; loss of trees; the number of existing fast food restaurants in the
area; contamination on the subject site; and snow removal. Many of these issues are primarily
design concerns that have been considered during the review of the site plan application and
are not directly related to the zone change, or are not necessarily land use planning
considerations related to good planning. The site plan will ensure appropriate location and
containment of garbage, apply lighting standards that limit light trespass and glare on
neighbouring properties, tree management, and snow removal. Traffic volumes are not an issue
as the site is located on a busy intersection of two arterial roads. Privacy, safety, and noise
issues are addressed through fencing and landscaping, while odours are addressed through a
deep well garbage system and by locating the grease trap internally to the building.Staff note it
is difficult to assess the impact of emissions as the site is located at a busy intersection. While
restaurants in locations such as this on arterial roads. Lastly, Staff note that a Record of Site
Condition was filed July 28, 2016, addressing any concerns related to contamination.
To address neighbourhood concerns, Planning staff hosted a Neighbourhood Information
Meeting (NIM) on December 15, 2016, facilitating a discussion with neighbouring property
owners regarding the nature of the application and overall design of the site. Four (4)
neighbouring property owners were in attendance and spoke to the concerns raised during the
application circulation. Specific discussion points were related to fencing, landscaping, and
lighting, as well as day-to-day operations of the proposed restaurant. Planning staff have taken
these concerns into consideration and have incorporated measures into the site specific zoning
regulations and detailed design of the site including increased building setbacks, attention to the
location of the drive-through intercom, a higher fence built with solid building materials, and an
increased landscape buffer.
A common concern among neighbouring property owners was related to lowered property
values as a result of re-development of the subject site. Based on information provided by
evaluated based on several factors including: location, lot size/dimensions, living area, age of
the house, and quality of construction. The market value of a property depends on other factors
Planning
staff understand the concern regarding property value, it is not a land use planning
consideration. It is the role of the City planner to ensure good planning is achieved, which
ultimately will ensure the intent of the Official Plan is met, the site functions in a safe and
attractive manner, and any impacts caused by the proposed use are mitigated.
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FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Notice of a complete application was circulated to property owners within 120 metres of the
subject land on September 23, 2016, and property owners who provided written comments were
invited to a Neighbourhood Information Meeting held on December 15, 2016. Notice of the
February 13, 2017 public meeting of the Planning & Strategic Initiatives Committee will be in
The Record on January 20, 2017B
newspaper notice, as well as the statutory circulation described under the Community
Engagem
Community Engagement Strategy. The notice will also be posted on the City of Kitchener
website at www.kitchener.ca.
CONCLUSION:
Planning staff is of the opinion that the proposed zone change demonstrates good planning
principles and therefore recommends approval of the zone change as outlined in the
Recommendation section of this report.
REVIEWED BY: Della Ross, Manager of Development Review
ACKNOWLEDGED BY: Michael May, Deputy CAO (Community Services Department)
Attachments
Appendix A Proposed Zoning By-law
Appendix B Newspaper Notice
Appendix C Department/Agency Comments
Appendix D Resident Comments
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A- CSD-17-010
PR O P O S E D B Y L A W
January 8, 2016
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 of the City of Kitchener
- 2291523 Ontario Inc. 751 Ottawa Street South)
WHEREAS it is deemed expedient to amend By-law 85-1 for the lands specified
above;
NOW THEREFORE the Council of The Corporation of the City of Kitchener
enacts as follows:
1. Schedule Numbers 115 and 116 of Appendix "A" to By-law Number
85-1are hereby amended by changing the zoning applicable to the parcel of land
specified and illustrated as Subject Area 1on Map No. 1, in the City of Kitchener,
attached hereto, from Gas Station Zone (C-7) to Commercial Campus Zone (C-8)
with Special Use Provision 458U and Special Regulation Provision 693R.
2.-law 85-1 is hereby amended by adding Section 458 thereto as
follows:
458. Notwithstanding Section 13A.1 of this By-law, within the lands zoned C-8,
shown as affected by this subsection on Schedules 115 and 116 of
, Conference Centre; Private Club or Lodge and Union Hall;
Sale, Rental, Service, Storage or Repair of Motor Vehicles, Major
Recreational Equipment and Parts and Accessories for Motor Vehicles or
Major Recreational Equipment; Storage or Service of Tools and Industrial
or Farm Equipment; and Transportation Depot shall not be permitted.
3.D-law 85-1 is hereby amended by adding Section 693thereto as
follows:
693. Notwithstanding Section 13A.2 of this By-law, the following regulations
shall apply in respect of any restaurant use established within the lands
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A- CSD-17-010
zoned C-8 shown as affected by this subsection on Schedules 115 and
:
a) a front yard setback of 2.20 metres;
b) a side yard setback abutting Ottawa Street South of 10.4 metres;
c) a side yard setback abutting a corner visibility triangle of 4.00 metres;
d) an interior side yard setback of 20.00 metres; and
e) a rear yard setback of 25.00 metres.
PASSED at the Council Chambers in the City of Kitchener this day of
2017.
_____________________________
Mayor
_____________________________
Clerk
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Appendix B - CSD-17-010
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
A PROPOSED ZONING BY-LAW
UNDER THE APPLICABLE SECTION 34 OF THE PLANNING ACT
751 Ottawa Street South
The owner is proposing to change the zoning from Gas Station Zone (C-7) to Commercial Campus Zone (C-8)(458U)
(693R) in order to permit a fast food restaurant. The proposed zoning would permit a restaurant along with a limited
range of commercial campus uses while regulating the location of a building for a restaurant.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
th
MONDAY, February 13 at 7:00 P.M.
nd
COUNCIL CHAMBERS, 2 FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER
Any person may attend the public meeting and make written and/or verbal representation either in support of, or in
opposition to, the above noted proposal. If a person or public body does not make oral submissions at this public
meeting or make a written submission prior to approval/refusal of this proposal, the person or public body is not
entitled to appeal the decision to the Ontario Municipal Board, and may not be added as a party to the hearing of
an appeal unless there are reasonable grounds in the opinion of the Board.
ADDITIONAL INFORMATION is available by contacting the staff person noted below, viewing the report contained in the
agenda(posted 10 days before the meeting at www.kitchener.ca - click on the date in the Calendar of Events and select the
th
appropriate committee), or in person at the Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
Catherine Lowery, Junior Planner - 519-741-2200 ext. 7071 (TTY: 1-866-969-9994), Catherine.Lowery@kitchener.ca
Brian Bateman, Senior Planner - 519-741-2200 ext. 7869 (TTY: 1-866-969-9994), Brian.Bateman@kitchener.ca
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Appendix "C" - CSD-17-010
Appendix “C” - CSD-17-010
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Appendix "D" - CSD-17-010
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Appendix “D” - CSD-17-010
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