HomeMy WebLinkAboutDTS-10-140 - Zone Change App - ZC06/28/H/BS - Huron and Strasburg Rd (SW Corner) - Hallman Construction Ltd
REPORT
REPORT TO:
Development and Technical Services Committee
DATE OF MEETING:
August 23, 2010
SUBMITTED BY:
Alain Pinard, Interim Director of Planning
PREPARED BY:
Andrew Pinnell, Planner (519-741-2668)
WARD(S) INVOLVED:
Ward 4
DATE OF REPORT: August 13, 2010
REPORT NO.:
DTS-10-140
SUBJECT:
ZONE CHANGE APPLICATION ZC06/28/H/BS AND
HURON COMMUNITY PLAN AMENDMENT AND
MODIFICATION TO DESIGN BRIEF FOR HURON /
STRASBURG MIXED USE NODE
SW CORNER OF HURON AND STRASBURG ROAD
HALLMAN CONSTRUCTION LTD.
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RECOMMENDATION:
A. That Zone Change Application ZC06/28/H/BS for the southwest corner of Huron and
Strasburg Road (Hallman Construction Ltd.), for the purpose of changing the zoning
from Restricted Business Park Zone (B-2) and Business Park Service Centre Zone (B-3)
to Neighbourhood Shopping Centre Zone (C-2) with Special Regulation Provision 545R,
Special Use Provision 408U, Holding Provision 61H, and Hazard Land Zone (P-3) on the
parcel of land specified and illustrated as the Subject Area on Map No. 1, in the City of
Kitchener, be approved in the form shown in the attached “Proposed By-law” dated
July 12, 2010 attached to Report DTS-10-140 as Appendix “A”, and
B. That the Huron Community Plan be amended to change the designation of the
western portion of the subject lands from Restricted Business Park to Business Park
Service Centre, as shown on the attached Appendix “B”, and
C. That the revisions to the Huron/Strasburg Mixed Use Node Design Brief pertaining to
Site 2, attached as Appendix “C” to Report DTS-10-140, be adopted.
EXECUTIVE SUMMARY:
Hallman Construction is proposing to change the zoning on the property located at the
southwest corner of Huron Road and Strasburg Road from Restricted Business Park Zone (B-2)
and Business Park Service Centre Zone (B-3) to Neighbourhood Shopping Centre Zone (C-2) with
a Special Regulation Provision, a Special Use Provision, and a Holding Provision. The proposed
zoning would facilitate the anticipated development of a commercial plaza and would ensure that
future development meets Official Plan objectives related to streetscape design, function, and
compatibility.
In addition to the above noted Zone Change Application submitted by Hallman Construction,
staff is proposing to change the zoning on a narrow piece of City-owned land immediately west of
the subject lands within the Strasburg Creek floodplain from Restricted Business Park Zone (B-2)
to Hazard Land Zone (P-3). The purpose of this proposed “housekeeping” zoning amendment is to
recognize environmental constraints on these lands and ensure the zoning boundary reflects
updated floodplain mapping.
Furthermore the applicant is proposing to modify to the Huron/Strasburg Mixed Use Node Design
Brief to reflect requested changes to the subject site only. Planning staff recommends that the
proposed Zoning Amendments be approved and that the proposed modification to the Design
Brief be adopted.
BACKGROUND:
The subject property is a vacant lot located at the southwest corner of Huron Road and
Strasburg Road in the Huron Park Planning Community. The property is currently designated
Mixed Use Node in the Official Plan and is split-zoned Restricted Business Park (B-2) [west
portion of property] and Business Park Service Centre (B-3) [east portion of property]. The subject
site represents the last Greenfield development opportunity within the Huron/Strasburg Mixed
Use Node.
The site to the south was severed from the subject property in 2005 and developed in 2006 for
religious institution use. Strasburg Creek is located immediately to the west of the subject property.
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Lands on the opposite side of Huron Road to the north form part of the Huron Natural Area, while
lands to the north having frontage on Strasburg Road are included in Huron Business Park and are
used for manufacturing purposes. The lands to the northeast, on the opposite side of Huron Road
and Strasburg Road, contain Huron Heights Secondary School. The property on the opposite side
of Strasburg Road to the east is owned by Hallman Construction and is vacant but proposed to
contain a commercial plaza, including a food store. A low density residential subdivision is located
to the southeast and is separated from the subject site by Strasburg Road and the
abovementioned property used for religious institution purposes.
A Design Brief (DB) for the subject site (i.e., Site 2) and the site at the southeast corner of
Huron Road and Strasburg Road (i.e., Site 1) was considered at the Development and
Technical Services Committee (DTSC) meeting of February 9, 2009. At this meeting, DTSC
adopted the aspects of the DB pertaining to Site 1, received the aspects for Site 2, and resolved
that that any modifications to the DB pertaining to Site 2 should be considered in conjunction
with the subject Zone Change Application.
REPORT:
Planning Comments
Current Zoning and Proposed Zone Change Amendment
The subject property is currently split-zoned, with the western portion zoned Restricted Business
Park Zone (B-2) and the eastern portion zoned Business Park Service Centre Zone (B-3). The
applicant is requesting to change the existing zoning to Neighbourhood Shopping Centre Zone (C-
2) with a Special Regulation Provision, a Special Use Provision, and a Holding Provision in order to
meet the following objectives:
Facilitate the applicant’s anticipated development of a commercial plaza including allowing
further commercial land uses,
Achieve land use compatibility, and
Implement the Mixed Use Node (MUN) Official Plan designation.
The current zoning of the property (combination of the B-2 and B-3 zones) permits a wide range
of commercial and industrial uses; however, office and retail uses are significantly restricted. It
should be noted that a number of the uses that the applicant anticipates establishing on the site are
typical plaza uses that are already permitted in the current B-2 / B-3 zoning, such as financial
establishment, convenience retail, personal services, day care facility, restaurant, carwash, limited
office and health office/clinic use, and gas station (including accessory vehicle maintenance and
repair).
The requested C-2 zoning would permit a range of commercial uses including additional retail and
office uses. The C-2 zoning would prohibit industrial uses. In addition, City and Regional Planning
staff have worked with the applicant to develop site-specific zoning provisions to implement
MUN policy objectives and achieve on-site land use compatibility.
In addition to the above noted Zone Change Application submitted by Hallman Construction,
staff is proposing to change the zoning on a narrow piece of City-owned land immediately west of
the subject lands within the Strasburg Creek floodplain from Restricted Business Park Zone (B-2)
to Hazard Land Zone (P-3). The purpose of this proposed “housekeeping” zoning amendment is to
recognize environmental constraints on these lands and ensure the zoning boundary reflects
updated floodplain mapping.
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Special Regulation Provision
A Special Regulation Provision has been developed to ensure that future development achieves
MUN design objectives while allowing flexibility to accommodate a range of development
scenarios. The proposed Special Regulation Provision would have the effect of requiring the
following:
Maximum building setbacks to help achieve street-oriented development
All buildings located approximately one-third the lot depth from the Huron or Strasburg Road,
must be located a maximum distance of 7.5 metres from the street (gas bar and carwash uses
excluded for safety purposes). The intent of this provision is to encourage buildings to locate
close to the street so as to create a defined building edge and streetscape.
Provision of windows, doors, and glazing for street-facing building facades
All buildings adjacent to the street would be required to devote 40 percent of street-facing
ground floor facades to windows, doors, or glazing. The intent of this provision is to ensure
attractive design for buildings facing the street and to encourage access onto the street.
Minimum landscaped area
The site will be required to maintain a minimum landscaped area of 10 percent of the lot area.
The intent of this regulation is to ensure variation in land cover throughout the site for visual
interest and to provide a minimum level of outdoor space for enjoyment and recreation.
Minimum and maximum Floor Space Ratio (FSR)
Floor Space Ratio (FSR) expresses the relationship of the total above grade floor area of all
buildings on a lot to the lot area. The intent of minimum FSR regulations is to ensure a
minimum building density/intensity for such reasons as characterizing the streetscape and
ensuring efficient use of land. The proposed regulation specifies a minimum density of 0.26
FSR, being the density proposed through the site concept in the DB. While staff encourages
higher densities in Mixed Use Nodes, there is no mandatory minimum in the Official Plan at this
time.
In addition, a maximum density of 4.0 FSR is proposed in order to allow future intensification of
the property while ensuring compatibility with adjacent uses. The provision allows for a
significant increase in density, should the owners wish to intensify the site in the future.
Maximum building height
The site concept contained in the DB proposes low rise commercial development for the site (2-
storeys max). Should the owner wish the intensify the site by providing increased height in the
future, the proposed regulation would allow a maximum building height of 24 metres or
approximately 8 storeys.
Minimizing view of parking, loading, drive-though lanes and aisles from the street
The proposed regulation would prevent parking, loading, drive-though lanes and aisles from
locating closer to Huron Road or Strasburg Road than the building façade closest to the street.
The intent of the regulation is to achieve a streetscape that is transit and pedestrian focused
while allowing vehicles to locate primarily behind buildings that are located close to the street.
Minimum setback for day care facilities from gas bar, carwash and property containing a Class II
Industrial Facility
A regulation is proposed in order to ensure compatibility of a potential day care facility with uses
that could cause noise or other compatibility issues. In addition to the studies required to allow
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day care facility outlined in the Holding Provision section of this report, a 70 metre setback
regulation is being proposed from gas bar, carwash, and Class II Industrial Facility uses.
Location and maximum floor area devoted to day care facility use
This regulation has been developed in order to ensure that the primary function of the site
remains commercial while allowing limited day care facility use. The intent of the regulation is to
ensure day care use would be accessory to another permitted use and be limited in size. The
regulation would ensure that a day care facility is located in a building used for other permitted
C-2 uses and does not exceed 25 percent of the gross floor area of all buildings on site.
Special Use Provision
Through the circulation of subject application, Regional Water Services, Hydrogeology, and
Source Water staff raised water resource protection issues with the gas station use permitted
through the proposed C-2 zoning. It should be noted that gas station use is currently a
permitted use under the current B-3 zoning (east side of the site). The subject property is within
a Wellhead Protection Area as designated in the Regional Official Policies Plan. For this
reason, Regional staff has stated that they do not support gas station use but have agreed to
support gas bar use.
Under the City’s zoning definitions, a gas station includessale of fuel and lubricants as well as
repair and maintenance of motor vehicles, whereas a gas bar allows only sale of fuel and
lubricants. No provision is made for motor vehicle repair and maintenance. The Region has
stated that additional water resource protection measures will be implemented at the Site Plan
Approval stage and will include Best Management Practices.
In addition, the Region raised off-site and on-site land use compatibility concerns with the
sensitive land uses permitted through the proposed C-2 zoning, including dwelling unit, religious
institution, and day care facility. Specifically, the industrial use located on the opposite side of
Huron Road and proposed on-site commercial uses (especially gas bar and carwash) may
present compatibility concerns if sensitive land uses are permitted.
In this regard, a special use provision has been developed in order to address this issue. The
proposed special use provision would have the effect of prohibiting dwelling unit and religious
institution.
Holding Provision
In order to ensure land use compatibility and accommodate the applicant’s request to allow a day
care facility (a sensitive land use) within a potential office building for this site, the Region has
agreed to support the use subject to the completion of a land use compatibility study to address
any on-site compatibility concerns and a road traffic noise study. City staff has developed a
holding provision to ensure that these studies are completed prior to establishment of a day
care facility.
Policy Context
Provincial Policy Statement, 2005
The Provincial Policy Statement (PPS) provides policy direction on matters of provincial interest
related to land use planning and development. The PPS sets out principles to achieve “healthy,
liveable and safe communities”, for example:
promoting efficient development and land use patterns;
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accommodating an appropriate range and mix of residential, employment, recreational,
and open space uses to meet long-term needs; and
avoiding development and land use patterns which may cause environmental or public
health and safety concerns.
Staff is of the opinion that the proposed Zone Change Application is consistent with the PPS.
Growth Plan for the Greater Golden Horseshoe, 2006
The subject property is within the Built-up Area as defined in the Growth Plan for the Greater
Golden Horseshoe. The Growth Plan promotes the development of healthy, safe, and balanced
communities. One policy to help achieve such communities is focusing intensification in
Intensification Areas. Staff is of the opinion that the requested Zone Change complies with the
Growth Plan.
Kitchener Growth Management Strategy, 2009
The Kitchener Growth Management Strategy (KGMS) and related Kitchener Growth
Management Plan (KGMP) identify the area comprising the northeast, southeast, and southwest
(subject site) corners of Huron Road and Strasburg Road as an Intensification Area. The
KGMP states that Intensification Areas are among the highest priority locations for development
approvals.
Regional Official Policies Plan
The subject lands are designated City Urban Area in the Regional Official Policies Plan. Staff is
of the opinion that the proposal conforms to the policies of this plan.
Kitchener Official Plan
The City’s Official Plan designates the subject property as Mixed Use Node (MUN). The
property was designated as such in 2001, following Council’s approval of a commercial policy
structure based on a Nodes and Corridors planning model. MUNs are intended to serve an
inter-neighbourhood function and to allow for intensive, transit supportive development in a
compact form. It is intended that MUNs will intensify and provide a balanced distribution of
commercial, multiple residential and institutional uses. In addition, MUNs generally have strong
pedestrian linkages with the surrounding residential neighbourhoods.
The City of Kitchener is currently conducting a study named the Comprehensive Review of
Intensification Areas which will provide direction for the City’s new Official Plan. Through this
study one objective is to re-evaluate existing Intensification Areas (including MUNs) to
determine whether these areas should continue to retain their Official Plan designations.
In the short-term, the Huron/Strasburg MUN is not expected to generate residential land use or
achieve significant density due to a number of factors, for example:
Limited density potential afforded through the existing zoning of the other sites included
within this MUN.
Existing low density development (e.g., Huron Heights Secondary School and
associated sports fields).
The surrounding neighbourhoods intended to be served by (and support) this MUN
largely have yet to be constructed.
Limitations resulting from Provincial minimum distance separation requirements between
industrial and sensitive land uses.
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The Kitchener Growth Management Strategy Background Study estimates that under present
zoning the Huron/Strasburg MUN will be one of the lowest density MUNs in the City, achieving
41 residents and jobs per hectare at 50 percent of maximum build-out. The estimated average
for all MUNs at 50 percent build-out is 102.5 residents and jobs per hectare.
Notwithstanding the probable short-term density prospects, the Huron/Strasburg MUN remains
a strategic opportunity for future intensification. A number of factors including the future build-
out of the south end of Kitchener and resulting increased population, designation of Huron Road
and Strasburg Road as Planned (i.e., future) Transit Corridors in the Region’s adopted Regional
Official Plan, and the primacy of Huron and Strasburg roads as major arterial connections
between the Doon South Community and the rest of the City will result in this area becoming an
important destination point. The proposed zoning amendment recognizes this opportunity and
has been developed flexibly so as to allow for significant future intensification. Staff is generally
of the opinion that this location should continue to remain an Intensification Area of some type
and a focal point within the City’s urban structure.
Huron Community Plan Amendment
The subject lands are currently split designated Restricted Business Park (west portion of site)
and Business Park Service Centre (east portion of site) in the Huron Community Plan. The
Restricted Business Park designation permits a full range of business uses with accessory retail
and prohibits uses incompatible with residential uses. The Business Park Service Centre
designation allows commercial services to be combined with the restricted range of business
uses permitted in the Restricted Business Park designation. Additional uses such as
restaurants, banks, convenience retail and office uses are included.
At this time, staff is proposing to change the portion of the property currently designated
Restricted Business Park to Business Park Service Centre (see Appendix “B” - Proposed Huron
Community Plan Amendment). The proposed amendment affects only the Land Use Map
contained within the Huron Community Plan. If the proposed amendment is approved, the
whole of the subject property would be designated Business Park Service Centre, which more
appropriately reflects the Mixed Use Node Official Plan designation of the property. In addition,
the proposed site concept and Zone Change Amendment conform to the proposed Huron
Community Plan Amendment.
Proposed Modification to Design Brief
The purpose of a Design Brief (DB) is to serve as an analytical tool in establishing customized
zoning for a property and to guide future site development. In February 2009 a DB for both the
subject site (i.e., Site 2) and the site at the southeast corner of Huron Road and Strasburg Road
(i.e., Site 1) was considered by the Development and Technical Services Committee (DTSC).
At this meeting, DTSC adopted the aspects of the DB pertaining to Site 1, received the aspects
for Site 2, and resolved that that any modifications to the DB pertaining to Site 2 should be
considered in conjunction with the subject Zone Change Application.
In this regard, the applicant has worked with City staff to prepare a modification to the DB for
Site 2 (attached as Appendix "C"). The proposed modification relates to Site 2 only; the site
aspects related to Site 1 remain unchanged. Staff advises that the DB should be considered in
conjunction with the requested Zone Change Application and that should the DB be adopted for
Site 2 aspects, any future changes would require further Council consideration. The main
highlights of the proposed DB aspects pertaining to site 2 are as follows:
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Gas Bar Guidelines - Pages 14 and 15
In anticipation of gas bar use on Site 2, the applicant has prepared gas bar specific guidelines to
enhance site design, ensure vehicular and pedestrian safety, and promote land use
compatibility with other nearby uses. Examples of specific guidelines are:
Consider the use of trees, shrubs, decorative fencing and/or low walls to screen cars
from view while allowing eye level visibility into the site.
Provide a minimum 3.0 metre wide landscaped area along the edge of a site where
parking areas, driveways or stacking lanes are adjacent to a public street.
Design lighting so that there is no light spillage, glare or light cast over adjacent uses.
Preferred Site 2 Design Direction - Page 18
The DB provides a detailed location by location account of design guidelines for Site 2.
Examples of the guidelines included are as follows:
Encourage multi-storey free standing office with views to the natural feature. A portion
of the office should be oriented to Huron Road.
Locate Buildings to define entrances to Site 2 and minimize parking between building
and the street.
Encourage building mass across from planned buildings on Site 1 to create a strong
street edge along Strasburg
Encourage building entrances from the abutting street (Huron and Strasburg Road) as
well the internal parking area.
Recommendations for Site 2 - Page 21
The DB seeks to "inform" the zoning by providing specific zoning recommendations. These
recommendations have been reflected in the proposed zoning amendment and are discussed in
theCurrent Zoning and Proposed Zone Change Amendment section of this report.
Property Owner Comments
Preliminary circulation of the Zone Change Application was undertaken on January 26, 2007 to
all property owners within 120 metres of the subject lands. One written comment was received
from the surrounding community. The one respondent provided the following comments (staff
response below):
Request for sidewalks along Huron Road, especially between Newcastle Drive and Strasburg
Road
While provision of sidewalks is beyond the scope of the subject application, Planning staff
advises that through the Huron Road Environmental Assessment (currently underway)
sidewalks will be provided along this stretch of Huron Road.
Support for development of a food store
Since these property owner comments were received, the applicant has withdrawn their
proposal to include a food store on the subject property, with the intention of developing a food
store at the southeast corner of Huron and Strasburg Road.
Concern regarding noise and parking at the proposed plaza
The subject property is separated from low rise residential land uses by Strasburg Road (26
metre right-of-way width) and by a property used for religious institution purposes. In addition,
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an existing 1.8 metre noise barrier separates the adjacent residential subdivision from Strasburg
Road and the subject property. Existing carwash and proposed gas bar zoning provisions will
ensure a minimum 30 metre distance between such uses and residentially zoned properties.
Parking requirements and design features to mitigate impact will be implemented at the Site
Plan Approval stage.
Concern regarding access to the proposed plaza
The proposed modification to the Design Brief considers possible vehicular access options to
the site. One option is to align plaza entrances with existing streets or driveways opposite the
site. Plaza accesses will be determined through the Site Plan Approval process.
Transportation Planning Division has commented that a Traffic Impact Study will be required
through this process.
On July 12, 2010, the Zone Change Application was circulated again to all property owners
within 120 metres of the subject lands, for information purposes. The Zone Change Application
was advertised in The Record on July 16, 2010. Staff received a few phone calls from
interested members of the community since the advertisement was published. Most of these
phone call inquirers requested further information of the proposal and one questioned the
environmental concern of providing a gas bar on the subject site due to proximity to Strasburg
Creek. On this point, staff advises that overall, the uses for the proposed zoning compared with
the uses permitted by the B-2 and B-3 zones have less potential for impact on water resources.
For more information on this matter see the Special Use Provision section of this report.
It should also be noted that the proposed modification to the Design Brief was not circulated to
the community for comment since no circulation is required under the Official Plan. For
community input, refer to Appendix “F”: Property Owner Comments.
Department/Agency Comments
The application was circulated to all applicable agencies and departments. Fire Department,
Building Division, Community Services, Grand River Conservation Authority, and Bell Canada
have no concerns with the proposed Zone Change Application.
The Regional Municipality of Waterloo comments have been summarized in the Special Use
Provision and Holding Provision sections of this report.
Transportation Planning Division and Engineering Services originally commented that the Huron
Road Environmental Assessment (EA) should be completed and that land dedications should
be completed prior to approval of the subject Zone Change Application. After further review, it
was determined that the proposed Zone Change Application may proceed independently of the
EA process and that widenings will be taken at the time of Site Plan Approval should the Official
Plan be revised to include such requirements. Transportation Planning Division further
commented that a Transportation Impact Study will be required at the Site Plan Approval stage.
The Waterloo Region District School Board requested to know whether the gateway feature
located at Huron Heights Secondary School (at the intersection of Huron and Strasburg Road)
would be emulated on the subject site. Page 18 of the Design Brief states that enhanced hard
and soft landscaping shall be provided at the southwest corner of the intersection in a way that
complements the gateway feature provided at the school.
For further information, see Appendix “E”: Department/Agency Comments.
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FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation.
COMMUNICATIONS:
Preliminary circulation of the Zone Change Application was undertaken on January 26, 2007 to
all appropriate departments and agencies and all property owners within 120 metres of the
subject lands. On July 12, 2010, the application was circulated again to all property owners
within 120 metres of the subject lands, for information purposes. The Zone Change Application
was advertised in The Record on July 16, 2010. Both the recent advertisement and circulation
letter included details of the August 23, 2010 Development ant Technical Services Committee
meeting. The one written response received in February 2007 through the neighbourhood
circulation has been included in this report as Appendix “F”.
CONCLUSION:
Planning staff is of the opinion that the subject property represents an excellent opportunity for
long-term intensification. If approved, the proposed Zoning Amendment would allow the
development of a commercial plaza which would provide the existing, surrounding community,
including Huron Business Park with commercial goods and services. The proposed Zoning
Amendment allows flexibility to significantly intensify the site in the future.
City and Regional Planning staff has worked with the applicant to develop site-specific zoning
provisions to ensure compatibility of on-site uses with adjacent uses and to ensure excellent
design of the anticipated commercial plaza. In conclusion, staff is of the opinion that the
proposed Zoning Amendment and Design Brief satisfactorily address issues of design and
compatibility and represent good planning. Staff recommends that Zone Change Application
ZC06/28/H/BS and the proposed Huron Community Plan Amendment be approved, and that the
proposed Design Brief be adopted.
REVIEWED BY:
Della Ross, Manager of Development Review
ACKNOWLEDGED BY:
Jeff Willmer, Interim General Manager
Development and Technical Services Department
Attachments
Appendix “A” - Proposed Zoning By-law including Map No.1
Appendix “B” – Proposed Huron Community Plan Amendment
Appendix "C" - Proposed Modification to Design Brief – November 2008 (Revised June 2010)
Appendix “D” - Newspaper Advertisement
Appendix “E” - Department/Agency Comments
Appendix “F” - Property Owner Comments
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P R O P O S E D B Y – L A W
July 12, 2010
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 – Hallman Construction Ltd. – Southwest
Corner of Huron and Strasburg 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. Schedule Nos. 152, 153, and 165 of Appendix "A" to By-law Number 85-1 are
hereby amended by changing the zoning applicable to the lands specified and
illustrated as the Subject Areas on Map No. 1, in the City of Kitchener, attached
hereto from Restricted Business Park Zone (B-2) and Business Park Service
Centre Zone (B-3) to Neighbourhood Shopping Centre Zone (C-2) with Special
Regulation Provision 545R, Special Use Provision 408U, Holding Provision 61H,
and Hazard Land Zone (P-3).
2. Schedule Nos. 152, 153, and 165 of Appendix “A” to By-law Number 85-1 are
hereby further amended by incorporating additional zone boundaries as shown
on Map No. 1 attached hereto.
3. Appendix “C” to By-law 85-1 is hereby amended by adding Section 408 thereto as
follows:
“408. Notwithstanding Section 8.1 of this By-law, within the lands zoned C-2 on
Schedules 152, 153, and 165 of Appendix “A”, gas station, dwelling unit,
and religious institution shall not be permitted. In addition, gas bar shall
be a permitted use in accordance with the applicable requirements of
Section 13 of this By-law.”
4. Appendix “D” to By-law 85-1 is hereby amended by adding Section 545 thereto
as follows:
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“545. Notwithstanding Sections 6.1.1.1a)iv) and 8.2 of this By-law, within the
lands zoned C-2 on Schedules 152, 153, and 165 of Appendix “A”, the
following special regulations shall apply:
(i) For all buildings or portions thereof located 35 metres or less from
a street line, with the exception of buildings used for gas bar or
carwash purposes, the maximum distance between the building
façade and the nearest street line shall be 7.5 metres.
(ii) Not less than 40 percent of the area of a ground floor façade
facing Huron Road or Strasburg Road shall be devoted to display
windows, glazing, or entrances to the building; the horizontal
distance between windows, glazing, or entrances shall not exceed
4.0 metres.
(iii) The minimum landscaped area shall be 10% of the lot area.
(iv) The minimum Floor Space Ratio shall be 0.26 and the maximum
Floor Space Ratio shall be 4.0.
(v) The maximum Building Height shall be 24.0 metres.
(vi) Parking spaces, loading spaces, drive-through stacking lanes or
aisles giving direct access to abutting parking spaces shall not be
located closer to the Huron Road street line than the building
façade closest to that street line.
(vii) Parking spaces, loading spaces, drive-through stacking lanes or
aisles giving direct access to abutting parking spaces shall not be
located closer to the Strasburg Road street line than the building
façade closest to that street line.
(viii) Day care facility shall be located a minimum distance of 70 metres
from gas bar, carwash, or property containing a Class II Industrial
Facility.
(ix) Day care facility shall only be located within a building used for
other permitted C-2 uses and shall not exceed 25 percent of the
gross floor area.”
5. Appendix “F” to By-law 85-1 is hereby amended by adding Section 61 thereto as
follows:
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“61. Notwithstanding Section 8.1 of this By-law, within the lands zoned C-2,
shown as affected by this subsection on Schedules 152, 153, and 165 of
Appendix “A”, day care facility shall not be permitted until such time as a
land use compatibility study to address compatibility concerns and a road
traffic noise study are completed, to the satisfaction of the Regional
Municipality of Waterloo. This Holding Provision shall not be removed
until the City of Kitchener is in receipt of a letter from the Regional
Commissioner of Planning, Housing and Community Services advising
that such studies have been approved or are no longer required.”
PASSED at the Council Chambers in the City of Kitchener this day of
, 2010.
_____________________________
Mayor
_____________________________
Clerk
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Advertised in The Record – July 16, 2010
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
Southwest Corner Huron Road and Strasburg Road
The purpose of this application is to change the zoning of the subject property from Restricted Business Park Zone
(B-2) and Business Park Service Centre Zone (B-3) to Neighbourhood Shopping Centre Zone (C-2) with a Special
Regulation Provision, a Special Use Provision, and a Holding Provision to allow the development of a commercial
plaza.
In addition, the City is proposing to change the zoning of a narrow piece of land immediately west of the subject lands
and within the Strasburg Creek floodplain from Restricted Business Park Zone (B-2) to Hazard Land Zone (P-3).
These lands are owned by the City. The purpose of this proposed “housekeeping” zoning amendment is to recognize
environmental constraints on these lands.
Development and Technical Services Committee
The public meeting will be held by the City’s , a Committee of
Council which deals with planning matters on:
MONDAY, AUGUST 23, 2010 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
If a person or public body that files a notice of appeal of a
in opposition to, the above noted proposal.
decision, does not make oral submissions at this public meeting or make a written submission prior to
approval/refusal of this, the Ontario Municipal Board may dismiss all or part of a subsequent appeal.
ADDITIONAL INFORMATION
is available by contacting the appropriate staff person noted below, viewing the report
contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar section of the
websitehttp://www.kitchener.ca/calendar/calendarEvent.aspx), or in person at the Development and Technical
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Services Department - Planning Division, 6 Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. -
5:00 p.m. (Monday to Friday).
Andrew Pinnell
, Planner - 519-741-2668 (TTY: 1-866-969-9994), andrew.pinnell@kitchener.ca
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