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HomeMy WebLinkAboutCSD-11-085 - Zone Change Application - 2340, 2360 & 2380 Shirley DrS~a~F Re opt I~TC~~nT~~ CommunrtyServicesDepar~men~ REPORT TO: DATE OF MEETING: SUBMITTED BY: PREPARED BY: WARD(S) INVOLVED: DATE OF REPORT: REPORT NO.: SUBJECT: RECOMMENDATION: Planning & Strategic Initiatives Committee August 15, 2011 Alain Pinard, Director of Planning Katie Anderl, Senior Planner, 519-741-2987 Ward 1 July 14, 2011 CSD-11-085 ZC 11 /03/S/KA 2340, 2360 & 2380 SHIRLEY DRIVE M.K.G. HOLDING CORPORATION www.kitchenerca That Zone Change Application ZC11/03/S/KA (2340, 2360 & 2380 Shirley Drive, M.K.G. Holding Corporation) for the purpose of changing the zoning from Business Park Zone (B-1) with Special Regulation Provision 31 R and from Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provision 57U to Business Park Zone (B-1) with Special Regulation Provision 31 R and Special Use Provision 413U and Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provisions 57U, 413U and 414U, be approved in the form shown in the "Proposed By-law" dated June 14, 2011, attached to Report CSD 11-085 as Appendix "A". -- '~ ~. ._-- N ~ ~f ~~ ~_~ ~~s, ~~ ~ `~ ` ~~ l ' _ . ~~ P~ SUBJECT - AREA .~` ~~ ,. - r .. -- .- ._ ~~ - .~ = ' ~~~~,p1r~~N~~IO~~~' ~, ~ __ ~, ,_ ~ , Location Map - 2340, 2360, 2380 Shirley Drive 1- 1 S~a~F Re opt ~ITCH~I`rTE~ ~011117]unrtyServi[eSDepQr~men~ www.kitthenerca EXECUTIVE SUMMARY: The applicant is proposing that sale and rental of motor vehicles and outdoor storage of motor vehicles be added as permitted uses to 2340, 2360 and 2380 Shirley Drive to allow the lands to be used as an automobile service centre and dealership. Staff supports the proposed zone change and recommends that the application be approved. REPORT: The subject lands are owned by MKG Holdings Inc and are located at the corner of Shirley Drive and Crestview Place. The lands consist of three properties, 2340, 2360 & 2380 Shirley Drive and together are approximately 1.6 hectares in size. The lands are located on the outskirts of a business park near Victoria Street North. Surrounding lands are developed with industrial and business uses and are in close proximity to a number of other large automobile dealerships which are located along the Victoria Street Commercial Corridor. The lands are proposed to be developed as a new automobile dealership and service centre. The subject lands are designated Business Park and are zoned Business Park Zone (B-1) with Special Regulation Provision 31R and Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provision 57U. Special Use Provision 413U is proposed to be added to allow the sale and rental of automobiles as a permitted use. Special Regulation Provision 56, which only applies to 2380 Shirley Drive, prohibits outdoor storage. Staff are also recommending that a Special Use Provision 414U be added to 2380 Shirley Drive to permit the outdoor storage of motor vehicles when associated with an automobile dealership. Outdoor storage is currently permitted by the zoning of 2340 and 2360 Shirley Drive. Conformity with Official Plan Staff have evaluated the subject proposal in the context of the Comprehensive Review of Employment Lands (CREL) and find that the proposed use is considered a service based employment use. Therefore, the proposal is consistent with employment policies and does not trigger the need for a municipal comprehensive review. The lands are designated Business Park under the current Official Plan which provides for additional office, commercial and service uses not permitted in other industrial areas, and permits a wide variety of industrial businesses and uses not typically found in industrial areas, including "uses relating to motor vehicle and major recreation equipment sales and service". Staff have considered the wording of the policy and have interpreted it to mean that uses such as an automobile dealership which includes both a service and repair function as well as a sales and leasing function is a use that conforms to the policies of the designation. Staff are of the opinion that a business consisting of only the sale and leasing of automobiles would not be permitted as this would be a purely retail use without the requisite service function. Staff also note that policies proposed for the new Official Plan will only permit automobile service stations, and automobile repair and detailing in Business Park areas, as recommended by the Comprehensive Review of Employment Lands. Any sales associated with automobile related uses must clearly be subordinate to and must support the main use to which they are accessory. Therefore, the sale and leasing of automobiles will be strictly limited and uses such as large automobile dealerships will not be permitted in the new Official Plan. Existing previously approved uses would be permitted to continue. 1-2 S~a~F Re opt I~TC~~nT~~ CommunrtyServicesDepar~men~ www.kitchenerca Proposed Zone Change The applicant is proposing to change the zoning to permit an automobile dealership which will include sales/leasing, storage of vehicles, detailing, service and repair of vehicles, and also includes a parts warehouse. The zoning currently permits service, storage and repair of motor vehicles, warehousing, and also allows up to two vehicles per service bay to be displayed for sale/lease purposes. Therefore, the zoning currently allows the range of services provided by a typical automobile dealership, however the amount of space dedicated to sales is limited. The intent of this regulation is to ensure that the primary function of the site is service and employment use with subordinate retail. The proposed zone change will remove the limitation on the number of vehicles for sale/lease at the dealership. Staff are supportive of an automobile dealership in this location. Economic Development staff support of the creation of an automobile dealership cluster near the Victoria Street North corridor. This area is centrally located to the golden triangle region, has good access to a number of transportation routes, and is located within an automobile focussed part of the City. The subject lands are in very close proximity to the emerging cluster of dealerships on Victoria Street North, and the site is visible from the intersection of Shirley Drive and Victoria Street North. Due to the proximity to other automobile dealerships, the location of the lands very near Victoria Street North, staff are of the opinion that an automobile dealership in this location is appropriate. Staff also note that sales and leasing represent only one component of the business of a dealership and in terms of space within the building and number of employees, is typically the subordinate use, regardless of the ratio between service bays and vehicles on display. The applicant has indicated that the approximate space and staff distribution are planned as follows. The dealership will be approximately 2,000 m2. The service and parts warehousing components, which are currently permitted uses, will occupy the majority of the building space (approximately 1500m2). The remaining 500m2 are shared between the showroom, administrative and customer service space. Similarly, the applicant has indicated that the service and parts warehousing function of the dealership will employ approximately 60% of employees, while the sales function will employ approximately 30% employees (an additional 10% of staff perform an administrative function). There will be about 10-12 services bays provided within the building and about 10 - 12 vehicles on display in the showroom. There will be additional vehicles both on display and in storage (either awaiting delivery or repair) outdoors, as well as customer and staff parking, and parking for cars being serviced or repaired. In consideration of the functioning and space distribution within the building, and the ratio of service to sales employees, staff are of the opinion that the sales and leasing component of the proposed automobile dealership is secondary to the repair and service function. Therefore, staff are of the opinion that in this location, due to the proximity to Victoria Street and the emerging dealership cluster, this particular site is appropriate for an automobile dealership. Staff note that similar dealerships may not be supported in other Business Park or Industrial areas. 1-3 S~a~F Re opt ~ITCH~I`rTE~ ~011117]unrtyServi[eSDepQr~men~ www.kitthenerca In addition, Special Regulation Provision 56R, which only applies to the portion of the lands known as 2380 Shirley Drive, prohibits outdoor storage. Staff recommend that a new special use provision be added to this parcel to permit the outdoor storage of motor vehicles when associated with an automobile dealership. Other types of outdoor storage would continue to be prohibited. Provincial Policy The subject lands are within the built-up area as defined by the Provincial Growth Plan for the Greater Golden Horseshoe. General policies, with respect to growth, direct new growth to built- up areas through intensification and direct growth to areas that offer municipal water and wastewater systems. The lands are also considered Employment Lands. The proposed use is a service based employment use and therefore, the proposed zone change does not represent a conversion of employment lands and does not necessitate a Municipal Comprehensive Review. Staff is of the opinion that the proposed development is consistent with these policies. The proposed zone change does not conflict with policies of the Provincial Policy Statement. Regional Official Plan The lands are located in the City's Urban Area, and within a Wellhead Protection Area. As such the Region required that a Spills Management Plan and a Salt Management Plan be approved prior to final approval of the proposed Zone Change. The Region has approved these documents and has no additional conditions or objections to the proposed application. Comments from other Departments and Agencies The application was circulated to Commenting Departments and Agencies. These comments are attached as Appendix "B". There are no objections to the subject zone change application. Comments from Neighbouring Property Owners Staff received comments from four property owners. Comments are attached as Appendix "C". Three of the property owners indicated that they are either in support of the proposed zone change or that they do not object to it. The fourth respondent indicated that while they are not strongly opposed to the subject application, they feel that there are certain aspects that require careful consideration as they relate to high quality urban design and the creation of a "Gateway to Kitchener". They comment that it may be more appropriate to direct automobile dealerships to the Victoria Street North corridor, and that in any case there should be no competitive advantage (lower taxes, less site improvements, etc.) provided to a dealership that is not located along the primary commercial corridor. With respect to site improvements staff comment that through the required Site Plan Approval process, which must proceed prior to the issuance of any building permits, the applicant will be subject to a thorough urban design review process. This will include landscaping, lighting, building elevations and other requirements to ensure that the proposed development will be consistent with the City's policies and urban design standards. It is also noted that other high end automobile dealerships in this vicinity are also located on sites with either Business Park or Industrial zoning (Business Park Service Centre (B-3). Wth 1-4 S~a~F Re opt ~ITCH~I`rTE~ ~O111munrtyServi[eSDepQr~men~ www.kitthenerca respect to taxation rates, staff comment that tax rates for uses are usually consistently applied, however the property will be assessed and tax rate set by MPAC. With respect to creation of a gateway to the Kitchener, Economic Development staff generally support the creation of a high-end automobile dealership cluster along and near the Victoria Street North corridor. Staff have encouraged the applicant to consider locations along Victoria Street North, and would be supportive of a decision to locate dealerships there in the future. However, staff are of the opinion that the subject site is still in close proximity to Victoria Street North, and the emerging cluster of dealerships. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: This proposal supports development of our community and will align with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. COMMUNITY ENGAGEMENT: Preliminary circulation of the Zone Change was undertaken on March 2, 2011 to all appropriate agencies and to all property owners within 120 metres of the subject lands. As a result of the preliminary circulation, staff received 4 responses from neighbouring property owners. A notification sign was also erected on the property. Notice of the August 15, 2011 statutory public meeting of the Planning and Strategic Initiatives Committee was advertised in The Record on July 22, 2011. Notice of the statutory public meeting was also posted on the City's website. CONCLUSION: Staff are of the opinion that in this location, due to the proximity to Victoria Street and the emerging dealership cluster, this particular site is appropriate for an automobile dealership. As a service based employment use, this use does not trigger a municipal comprehensive review, and the use conforms to the Business Park designation. The proposed zone change is consistent with the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, and the Regional Official Policies Plan. Based on the foregoing, Planning staff recommend that Zoning By-law Amendment application ZC11/085/S/KA be approved. REVIEWED BY: Della Ross, Manager of Development Review ACKNOWLEDGED BY: Alain Pinard, Acting Deputy CAO Community Services Department Attachments: Appendix `A' -Proposed Zoning By-law and Map 1 Appendix `B' -Newspaper Advertisement Appendix `C' -Preliminary Circulation and Department/Agency Comments Appendix `D' -Community Input 1-5 Appeudil "A" Proposed Zoiuug B~ -la~~ PROPOSED BY -LAW June 14, 2011 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 - M.K.G. Holding Corporation -Shirley Drive) 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 No. 230 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 1 on Map No. 1, in the City of Kitchener, attached hereto, from Business Park Zone (B-1) with Special Regulation Provision 31 R to Business Park Zone (B-1) with Special Regulation Provision 31 R and Special Use Provision 413U. 2. Schedule No. 230 of Appendix "A" to By-law Number 85-1 is hereby amended by changing the zoning applicable to the parcel of land specified and illustrated as Subject Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provision 57U to Business Park Zone (B-1) with Special Regulation Provisions 1 R, 31 R and 56R and Special Use Provisions 57U, 413U and 414U. 3. Schedule No. 230 of Appendix "A" to By-law Number 85-1 is hereby further amended by incorporating additional zone boundaries as shown on Map No. 1 attached hereto. 4. Appendix "C" to By-law 85-1 is hereby amended by adding Section 413 thereto as follows: "413U. In addition to those uses permitted by Section 23.1 of this By-law, on lands known municipally as 2340, 2360 and 2380 Shirley Drive, sale and rental of motor vehicles shall also be a permitted use. Furthermore, notwithstanding Section 23.3 there shall not be a limitation on the maximum number of vehicles permitted to be displayed for retail purposes on the lot at any one time." 1-6 Appeudil "A" Proposed Zoiuug B~ -la~~ 5. Appendix "C" to By-law 85-1 is hereby amended by adding Section 414 thereto as follows: "414U. Notwithstanding Special Regulation Provision 56R, on lands known as 2380 Shirley Drive, outdoor storage of motor vehicles, shall be permitted when associated with an automobile dealership." PASSED at the Council Chambers in the City of Kitchener this day of , 2011 Mayor Clerk 1-7 ~ ~ ~z `~ `~ o o z z ~ m a Q Q ~ J ~ LL ~-' ~-' V U . M M 0 N ~ ~ ~ ~ Q W Z M M M M~ O Z Z O O Z Z ~ O Ov N w ~ ^> >M ~ V m~ ^» ~r r ~ ~ ~ Z W z ('7 0 ^ d~ d Z m~ ^~ (n d Z~ d Z In M U W W O Z ~ z z m z 0 c z z O m z 0 ~ ~ U N O J ~ ~ L~ pOWO n WOcn 00 Q J w>J Q V ~~ ~ N H Z H~ ~aOa° N H~ Z H~ ~a°oQO W z m Z~ Q W M D~~~z ~ f~1 ~a Q~Y~a Q~aY~a w C~ 11~~~ ~_ Z ~ a w~ w W a w W~ w W ~~ Z ~~ 0~ 0 J 0 ~~ W ~~ d~~ ~~~ d~~ w N Q O d d z~ Q Z ~ ~~ Q Za(naQ ZaQ(naQ ~00~ ~ (n(nQ W 0 QN W W~ U Q V }+a~~i p ~ U ~ M u J W W U m a M a d N 2 ~2 M w U W w U m a d M a d 2 ~= J Z W U~ a W ~ ~ Z_ Z_ W M M Z~ N OU2 ~ a ~ v ~ `~ CO ~ W ~ m D W ~~ O~ Z ~ D Dm ~~ Z O~ Z Z 2QU O U LL~ mm ~ M N M M Q a i O M ~ Q w~~~Q Q LL~Q~~Q Ncn0~1 mm~~a W >. (~ ~ ~ M a ~ ~ ~ £~, ~~, ~, I uJ ~E ~ 00 ~ ~ bas, ~ i ~b ~\ 6LL9'1185 Nd ,d Z ~ `\ \ m y O "T ~ m~ ` ~~'~ C~ N m~ M ~~ Q~ c NM ^Z ~ ~ ` ~ ~ ^d~~~ 9`~~Y& ~ \ `yyM a LL9~ ~ ~ n ;~ ~9'a 6 ry 0 0 ~~b I ~ ~\ 9 ~\ N ~ `~~ ~~ Nd ~g~ r9~` I ,l \ e, J ~ ~ M / ~ ` (n 0 ' ~ ~~ ~ I ~ ~ ~ ~ /~ \ ~ W ~ O N 7 ~ / ~ ~ N ~ ~ '~~~.>> ~M~ M ~ / NI N ~. `d N~ N ~ J , ~a ~~ ' ~ I , ~ r m ~ u~ ~ ~ ~~ \ \ o J W ~ s ~ ~ ~ \ Q H ~ ~y ~ I ~ " ~~ ~ cn o o e2 .~~~CM ~\ ~ ar g2 m ~~ I ~ 26 ~ \ Nd~ ~ , \ g g2 ~9g \ d^d93 I ~M ~ r ~~g ~~S G ~ ~ ~ O Z o ~d~~ ~g`~ ~~ m M I I ~ ~ ~, Z Q ~ N L L a ~ ~ I Q 6 ~V° ° ~ m ~ ~ ~ ~ a a ~ w ~ ~~ d ~ ~ a s a ~ a O J -- - -- ----- - - ~-- ---- ~ + --- __ _ --~ z 2 ~.. ~~ e n a ~s~ 2 y ~ a n e ~ ~ ~ M y r ~ d I N ~ l p S Z - o ~ 5 g~ ~ ~ ~ = N ~° 6 ~ I c~ o e I Zg Y M ~, I cn ~, ~ N 1-8 Appendil `B Newspaper Advertisement PLANNING MATTERS: PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED TO ATTEND A PUBLIC MEETING TO DISCUSS A PROPOSED ZONE CHANGE APPLICATION UNDER THE APPLICABLE SECTION 34 OF THE PLANNING ACT 2340, 2360 & 2380 Shirley Drive The purpose of this application is to add special use provisions to the existing Business Park (B-1) zoning to permit an automobile dealership. The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals with planning matters on: MONDAY, AUGUST 15 at 7:00 P.M. COUNCIL CHAMBERS, 2"d 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 that files a notice of appeal of a decision, does not make oral submissions at this public meeting or make a written submission prior to approval/refusal of this proposal, 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 at www.kitchener.ca on the Friday afternoon prior to the meeting -click on the meeting date in the Calendar of Events), or in person at the Planning Division, 6t" Floor, City Hall, 200 King Street West, Kitchener between 8:30 a.m. - 5:00 p.m. (Monday to Friday) Katie Anderl, Senior Planner - 519-741-2987 (TTY: 1-866-969-9994), katie.anderl a(~.kitchener.ca 1-9 _~ . ~~. g_ :~ ~~ ~z.x, G~~n~t ~iv~r ~'onser°vation Aut~a~rity Resource iVtanagement Division 1Vlelissa Larion, Resource planner 400 Clyde Road, P.O. 130: 72~i Cambridge, Ontario i~IR 5W6 Phone. {529} 622-2751 ext. 2319 Fax: {519)0`21-4945 E-mail: mlarionLgrandriver.ca ~~~A ~®MI®/~~I~1T: We have no objection to the approval of the zone change application. Portions of the subject properties are within the floodplain of the Grand River. Consequently, they are regulated by the Grand River Conservation Authority under Ontario Regulation 2 50!06 {Development, Cnterference urith Wetlands and Alterations to Shorelines and VJatercaurses}, The proposed development wilt need to conform to the City of Kitchener's Two Zone Floodplain Policy Arti.a policies and will require a Development, Interference with Wetlands and Alterations to Shorelines and Watercourses permit from GRCA. >I~A~K~~ ~1JN~: 1. Res®u;rce issues: Current information available at this office indicates that the subject lands lie within the flood fringe of the Grand River. Consequently, the property is regulated by the Grand River Conservation Authority under Ontario Regulation 150IOb (Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation}. Z. I.egislativeJi'csticy ;C~equi~°ecaretrts anct Irnptications: The Grand River Conservation Authority's Development, Interference with Wetlands and Alterations to Shorelines and Watercourses Regulation (Ontario Regulation 15Q/06), prohibits development in or on the following areas: a) adjacent or close to the shoreline of the Great Lakes-St Lawrence River System or to inland lakes that maybe affected by flooding, erosion or dynamic beaches, and within the 15 metre allowance. b) river or stream valleys that have depressional features associated. with a river or stream, whether or not they contain a watercourse, c) hazardous lands; d} wetlands; or e) other areas where development could interfere with the hydrologic function of a wetland, including areas within 120 metres of all provincially significant wetlands and wetlands greater Than or equal to 2.0 hectares in size, and areas within 30 metres of wetlands less than 2.0 hectares in size, but not including those where development has been approved pursuant to 'an application made under the Planning Act or other public planning or regulatory process; n:\4vatershed resources planning\resnurce planning\row\kitdlener\2U11\~eU.c-1 I -U3-s-ka 2340 2360?38U shidey dr.docx 1-10 As well, this Regulation prohibits alteration to: r~ straigl2ten, change, divert or interfere in any way with the existing channel of a river, creek, strearri or watercourse or change or interfere in any way with a wetland prior to receiving written consent of the Grand River Conservation Authority. This reaoh of floodplain is in a Two Zone Floodplain Policy Area. In designated Two Zane Areas the floodplain contains two sections -the floodway and the flood fringe. The floodvvay is the area of the floodplain required to pass the flows of greatest depth and velocity. The :flood fringe lies bettiveen the floadway and the edge of the floodplain. 3~epths and velocities of r'7ooding in the flood fringe are much less than those in the floodway, allowing for Iimited development to occur. The subject lands Ile within the flood fringe. The proposed development will be required to conform to the City of Kitchener's Two Zane Floodplain Policies as well as GRCA's Policies for the Administration of the Development, Interference with Wetlands and Alterations to Watercourses and Shorelines Regulation (Ontario Regulation 350/05). The GRCA would require the following in support of any supporting site plan application: - A site plan with the regulatory floodline (301.1 metros) illustrated including confirmation that: o no basement is proposed o buildings/structures are floodproofed to the regulatoryy flood elevation {RFE} o storage of chemicals will be above the RFE o mechanical/electrical utilities will be above the RFE o the building has safe access - if applicable, any septic the beds must be above the 300 year event - A grading and drainage plan (illustrating existing and proposed) - An erosion and sediment control plan - A stormwater management/servicing plan - A Development, lnterference with. Wetlands and Alterations to Watercourses and Shorelines (Ontario P.egulation 150/06} permit We recommend that the site be designed in such a way that long-term parking for motor vehicles be placed outside of the floodplain. 3. Plan Review ~`ees: The General ivlembership of the Grand River Conservation Authority passed Resolution No. 122-01 on September 28, 2001 for the implementation of plan review fees in the .Regional Municipality of Waterloo. The Grand River Conservation Authority applies a review fee for all nsw Planning Act applications within the Grand. River Conservation Authority areas of interest received after October ls`, 2001. The above-noted application is within a Grand River Conservation Authority area of interest due to the presence of floodplain. In accordance with the Plan Review Fee Schedule, the applicable fee is $380.00 payable to the Grand River Conservation Authority: Should you have any questions or require additional information, please do not hesitate to contact the undersigned. ~~ '~~ ~ --z----- Melissa Larion Resource Planner Grand River Conservation Authority n:\watershed resources planning\resourceplanning\rowit:itdiener\2611\zc\zc-t 1-03-s-ka 2340 23602380 shitley dr.docx 1-11 c.c. ~,n~ineering - ~ify of i~ac~ener Glenn ~c.heels, ~~~ ~1~/~.I.C`i. ~~ldin~ C~Ypuratio,,, A stn: Vlichaei f~rQSby, i 1'7~ Weber ~tEeei Easy, Kitchener, CAI, r '~~ l~I * ~°h~~~ er~~~3~~°~ats r~r•e s~e~,~~~t~t~llj, s~rt~~rai~ter~ ~s rrr~v~ce rr~rt ~°e,~7e~t ~~s~zr~~~ r~rac~rffr,~ ~vtt~i'~~ t~ ~~~~~ r~~r~ ~~craar~rate rayt~a~ ~'~~~rt iv~~• Ca~.~e~•~~rrtar~~a ~€rtp~a~•tt~. n:\wateashed resources pla~ming~resource planning~roFVU:itehener\20l l~CC~c-11-03-s-ka 2340 236U 2380 Shirley dr.doox 1-12 1-13 COi~I~U~JITY SER~IICES Re~ior~ of Waterloo 150 Frederica Street, 8th Floor Kitchener 0~1 N2G 4J3 Canada Telephone: 519-575-4533 Fax: 519-575-4449 www.regionof,~vaterloo.ca Alyssa Bridge 519 575 4757 ext. 3417 April 1, 2011 File: C1 4-60/2/1 1 003 Ms. Katie Anderl Senior Planner GSD ®Planning Division Kitchener Gity Hall, 6th Floor 200 King Street West, PO Box 1118 Kitchener, ON N2G 4G7 ®ear Ms. Anderl: Re: Zone Ghange Appiication ZC11/03I/K 'MKG Floidings Corporation 2340, 236® and 23t30 Shirley ®rive City of Kitchener The owner/applioant is proposing to amend the zoning on the subject property, Business Park (B-1) with Special Regulation 31 R, 56R and Special Use Provision 57U, to include a Special Use Provision to permit the sale and rental of motor vehicles. The owner/applicant is also proposing that Special Regulation 56R be amended such that the outdoor storage of motor vehicles is permitted. The property is currently vacant and is proposed to be developed as an automotive dealership and service center. The property is on Map No. 6 of the Regional Official Policies Plan (ROPP} as Gity Urban Area. Hydrogeology and Source.LNater Protection The subject properties are located within a Well Head Protection Area (WHPA) E of the Woolner and Forwell/Pompeii well fields. Section 2.2 of the 2005 Provincial Policy Statement (2005) provides for the long-term protection of groundwater supplies. Due the size and nature of the proposed development, the owner/applicant will be required to submit a Salt Management Plan and Spills Management Plan to the satisfaction of the Regional Municipality of Waterloo prior to final approval, of the zone change application. Generally, the Salt Management Plan should outline the proposed winter maintenance procedures for the subject lands during construction and at full -build-out such as the quantity and type of snow/ice melting materials used, the storage and handling of these materials, and the storage of snow cleared from common facilities such as the parking/roadway area. The Spills Management Plan should discuss any impacts from the storage of fuels and lubricants on the site and include a discussion of any Best Management Practices that will be used to prevent spills and/or mitigate against any impacts of spills should they occur. The Region has no objections to this application, subject to the following: 1. That-prior to final approval, the ownerlapplicant shah prepare a Salt Management and Reduction Plan to indicate to the Regional Municipality of Waterloo, methods to be used to reduce the application of road salt to driveways and parking areas; and Docs# 961599 v1 - Page 1 of 1 1-14 2. That prior to final approval, the ownerlapplicant shall prepare a Spills N]anagement I°'lan to indicate to the Regional Municipality of VV~terloo, methods to be used to reduce impacts from the storage of fuels and lubricants on the site and any lest Management Practices to be used to prevent spills and/or rr~itigate the impact of spills should they oocur. ~~ral C~e~ts Any issuance of a building permit for future development on the lands subject to the above-noted application will be subject to the provisions of Regional development Charge Sy-law 09-024 or any successor thereof. Please accept #his letter as our request for a copy of the decisions and minutes pertaining to the zone change application noted above. Should you require Regional Staff to be in attendance at the meeting or have any questions, please do not hesitate to contact the undersigned. Sincerely, ,, Alyssa Sridge, MAES it Principal Planner cc: Kendra Murphy, GSP Group Docs# 951599 v1 ~ ° ' - ~ Page;2 of 1- 1-15 t .> I ~Ir ~, v.il {qua .~„ _W a ~ i, De~,relopment Floor 5, 100 Scarborough, M1 P 4L~12 Tel: 416-296 Fax: 416-296 x Municipal Services Control Centre Borough Drive Ontario -6291 Toll-Free: 1-800-748-6284 -0520 March 17, 2011 City Of Kitchener Planning Department P.O. Box, 1118, 200 King Street 6~Jest Kitchener, Ontario N2G 4G7 Attention: Katie Anderl Dear Sir/Madam: RE: Zoning Amendment 2340, 2360, 2380 Shirley Dr. File No: ZC/11/03 Be11 File No: 46265 Thank you for your letter of March 2, 2011 concerning the above application. A detailed review of the Zoning Amendment has been completed. P]e have no conditions/objections to the above application as submitted. If there are any conflicts with existing Bell Canada facilities or easements, the Owner/Developer shall be responsible far re-arrangements or relocations. Should you have any questions please cantact Sandra Hugh-Yeun at 416-296-6590. Yours truly ~Y~-~~ yifJohn La Chapelle, MCIP, RPP Manager - Development & Municipal Services, Ontario 1 _ m s ~, ~~ '~~~y~ ~~r'~l 01, X011 ~a~p 1 0~ ~ ~ ~~rl Transportation Planning has no concerns with the proposed zoning. We will comment on the proposed plan at the Site Plan review stage. thanks. r®rn: Katie Anderl Sint: Friday, April 01, 2011 11:26 AM 1°~< Barry Cronkite; Peter Wetherup; Greg Reitzel ~~jecta ZG11/03/S/KA m Shirley Drive Ni, This is a friendly reminder that today is the last day for comments for this application. Should you have any comments please forward them, to me at your earliest convenience. I have reattached the notice and concept plan for your convenience. Katie Katie Anderl Senior Planner City of Kitchener -Planning Department Phone:519-741-2987 Fax: 5'19-741-2624 Email: katie anderl~a kitchener.ca 4/1/2011 1 - 17 ~ ~~ ~~~ Lenore Ross ~t; Wednesday, I~laroh 3d, 2011 4:30 ~'~ ~~: Katie Anderl 'tote ~C11 td3/~/KA Ni Katie 1 have no partiouiar issues with the above noted zone change progressing; any conditions I require will be obtained at site plan approval: Regards, Lenore L-swore ~zoss r~~c, Nice, ~.~~ Urban Designer Community Services Department Planning Division City of Kitchener P: 519.741.2427 F: 519.741.2624 TTY: 1.866.969.9994 lenore.ross@kitchener.ca 1-18 ~~ ~::~~: FDA I3~A'~'~~~+id~' / AI~IC~' ~1~1v+ D~~ ~:~:~ If you have ~C concerns or comments, please complete, detach and return. Department / Agency Date ZC 11/03/S/KA 2340, 2360, 2380 Shirley Drive MKCJ Holding Corporation Katie Anderl -Planning Division P. 519-741-2987 F. 519-741-2624 E. katie.anderl cr,kitchener.ca AT _ 4 ( ~ ,bl~ 5 ,_ 1-19 ~.;~:~ T+®R D1+PAP~~'1~+~~ / AEN~~' ~JSE+ ®I~d~~ ~~:~ If you have 1~1® concerns or comments, please complete, detach and return..- Department /Agency .~ ~~ Signature of Representative Date ZC11/03/SfKA 2340, 2360, 2380 Shirley Drive MKG Holding Corporation Katie Anderl -Planning Division P. 519-741-2987 F.519-741-2624 E. )k<itie.an.clerl(ri~l~itchenur.ca a~ ~~-`' ~,° .~ij~C~~``1a'©~.~' ~ ~~~tu~ @~~~~ ` s~. ~~~y, 1-20 7p~~3 (~g5 _ f(~~ yy r311~.31 s'J~C1f' ~ 1+S~Li ~i3i YJ~y ~~11 ~°~`~~ ~ t~rl F~°or: Shuyu thou [8huyu.~hou~wcdsb.ca~ er~t: `Thursday, March 03, 2011 11:20 AM To: Katie Anderl Sub]ect: FW: Circulation for Comment -Zone Change Application (2340, 2360 ~ 2380 Shirley ®rive) Staff at the Waterloo Catholic District School board has reviewed the above Hated application and has no concerns and comments. Shuyu Zhou, MCIi', RPP Planner Waterloo Catholic ®istrict School Board P.O. Box 91976 77 Young Street Kitchener ON N2H 4Y9 Tel:(599)~78-3660 ext.2359 Fax:(599)569-4fl95 Pmail: shuyu.zhou ,wcdsb.ca __. , , _- _. w . . Fr~ttt. Christine.Kompter@kitchener.ca [mailto:Christine.Kompter@kitchener.ca] Sent: Wednesday, March 02, 2011 3:31 PM °T®a Barry.Cronkite@kitchener.ca; cyndi.cormier@bell.ca; dan.magwood@bell.ca; danielsteffler@bell.ca; david.kerton@bell.ca; rowcentre@bell.ca; Binu.KorahCa?kitchener.ca; Dan.Ritz@kitchener.ca; Ibulford@grandriver.ca; mlarion@grandriver.ca; Greg.Reitzel@kitchener.ca; laura.giunta@hydroone.com; John.McBride@kitchener.ca;7oyce.Evans@kitchener.ca; bmckague@kwhydro.on.ca; Lesley.MacDonald@kitchener.ca; Linda.Cooper@kitchener.ca; Mayor'sOffice-Admin@kitchener.ca; Mike.Seiling@kitchener:ca; Ian.C.Smyth@ontario,ca; Peter.Wetherup@kitchener.ca; akutler@regionofwaterloo.ca; ballen@regionofwaterloo.ca; bmackinnon@regionofwaterloo.ca; barb@regionofwaterloo.ca; Robert.Morgan@kitchener.ca; Steve.Ross@kitchener.ca; Lindsay Ford; Shuyu Zhou; shawn_callon@wrdsb.on.ea Cca Katie.Anderl@kitchener.ca Subjects Circulation for Comment -Zone Change Application (2340, 2360 & 2380 Shirley Drive) Please see attached. Comments or questions should be directed to Katie Anderl at katie anderl~kitchener.ca or by calling 519-741-1987. C',~..e kdfh~ Administrative Assistant -City of Kitchener -Planning IOivision 200 King Street West, 6th Floor P.O. Box 1118 Kitchener ON N2G 4G7 Phone: 519-741-2425 Fax: 519-741-2624 TTY: 1-866-969-9994 "UNLESS srsnaenne like yon cares a whole awful I~t, nothing is going #® gef better. It's nit.'" Dx. Seuss ~° TLe L~~ax 3/3f2011 1 - 21 i 1~is.l ~:Af~,~~~ iV~Gl3. ~~ ~~ y ~ i.I s 1 3 ~.~y~ ~ ~~ ~. Frost; Katie Pietrzai< art#e °~hursday, March 03, 2011 14:25 AM ~a Katie Anderi Subj~o#a Zone change for 2340, 2360, 2380 Shirley give Hello Katie I have reviewed the above noted application. Since the actual zoning on the si#e will not be changing (just adding a Special Use Provision) engineering does nd# have any requirements. If you have any questions feel free to con#ac# me. C.E.T. Engineering Technologist Infrastructure Services Phone: 519-741-3400 ex#. 3328 Fax:519-741-2747 TTY: 1-866-969-9994 e-mail: katie pietrzakCa'?kitchener.ca 3/3/2011 1 - 2 2 _ ~ ~ ;1~y ~~ .} h `'. -- " 3 i ~~i J~ ~.i~r3 Z` {kaiiL ~Y ', '.13..3.. "~~. ~3.et>=- r. *x i`®~ ~~i Y A~1C 3.8~1v~ / A~3.1®~ d YJ ~Pi ~19 &r Y ~;4 k If you have NO concerns or comments, please complete; detach and return. y / 1 Department /Agency Signature of Representativ ~ r Date ZC 11 /0315/KA 2340, 2360, 2380 Shirley Drive MKG Holding Corporation Katie'Anderl -Planning Division P.519-741-2987 F.519-741-2624 E.katie.anderl ~r,.kitchener~.ca 1-23 ~rx~~~y, I~~'1~ac~a 0~9 X01' ~,~~ 1 0l ~ ~ nd~~ Frown: ~]iohelie Wade Santa Friday, Maroh 04, 2011 9:10 AM °To: Katie Anderl Subae~t: FW: Circulation for Comment -Zone Change Applioation (2340, 23fi0 &~ 2380 Shirley give} No Heritage Planning concerns. Michelle Fr®ra': Christine Kompter Sent: Wednesday, March 02, 2011 3:32 PM 1°®: Jeff Willmer; Alain Pinard; Alexandra Pires; Alisha Buitenhuis; Andrew Pinnell; Barbara Steiner; Brandon Sloan; Brian Bateman; Brian Page; Carrie Musselman; Della Ross; Elizabeth Brown; Garett Stevenson; Heather Holbrook; Juliane vonWesterholt; Katie Anderl; Lenore Ross; Leon Bensason; Lisa Thompson; Mat Vaughan; Michael Palmer; Michelle Wade; Sandro Bassanese; Sarah Longstaff; Sheryl Rice; Tina MaloneWright Subject: Circulation for Comment m Zone Change Application (2340, 2360 & 2380 Shirley Orive} Please see link - at katie.anderl~a kitchener.ca or by L'~~.~.e kr~~t'~ Administrative Assistant City of Kitchener -Planning ~ivis'son 200 King Street West, 6th Floor P.O. Box 1118 Kitchener ON N2G 4G7 Phone: 519-741-2425 Fax: 519-741-2624 TTY: 1-866-969-9994 9-741-1987. 3ne t;nangeti.ircuiauvi~ -LVUC vuai~W~ or questions should be directed to Katie Ander! "IiNLESS sonieux~e lilts yon Bares a ~rhole ~v~I iot, nottein is going to get better. It's not.'" Dr. Se:lss ~° Tiie Isora~ __ 3/4/2011 1 - 24 ray ~r Om~n~nt ~rr~ ~~ f c ; EF~;~1~:~'~ Proposed Zone Change: ZC11jo3/S/KA ~,_ `~ Owner: MKS Holding Corporation ~. What do you like or dislike about the proposed zone change? Thank you for taking the time to fil( aut this farm. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staff report; however your name will be-kept confidential. Separate letters ar emails are also welcome. Name: Signature: Date: Address: Please direct al! correspondence to: Katie Anderl, Senior Planner Phone: 519-741-2987 BmaiL katie.anderl@kitchener.ca Fax: 519-741-2624 Mail: City Nall 200 King Street West, gtn Floor, PO Box 11.18 Kitchener, ON N2G 4G7 1-2~ c-~s v° ~ J 1 . ~ r ~;!~ Et~:SIJ/41~~~~4 U~iZ~teusi uo.~~ ~ ~, .~'~ __ v~~ ~ ~~e ~n~f ~r~C~le~ ~r~ ~f ,; ;~ '~ ' ~°2~' y ~~. ~ "j , _.~ I :[ ~ Proposed Zone Change: ZC11/O3JSjKA ~ ,~ d `~ Owner: MKS Helding Corp®r~tion , R`ll~,fSC~.~f. ' ~6"HPdiL~L S~ ~. What do you like or dislike about the proposed zone change? i Thank you for taking the time to fill out this form. To ensure that we receive only one set of comments from each individual, staff can only consider comments if they include a name and address. Please note that all comments contained on this form may be used as part of a public staf# report; however your name will be kept confidential. Separate letters or emails are also welcome. (Jame: Signature: Date: ~r'' Address: °` ' ~`~ .~~ ' ~.: ,~~ . -~~ Please direct all carrespar~dence to: Mail: City Ha11 Katie Anderl, Senior Planner 2p0 King Street West, Phone: 519-741-2987 6th Floor, PO Box 1118 Email: katie.anderl@kitchener.ca Kitchener, ON N2G 4G7 Fax: 519-741-2624 1-26 ~" ridgy, 1~~~~i ~ ~, _~2t~ 11 x'~~~ 1 cif 1 ~ ~~ 1-27 3/18J2011 ~f'.u~~tiay, arc~~ ~ t 9>0 "~ l ~~a~c 1 et 2 tip r~ Just wanted to take a minute to respond to your Property Owner Comment Form -Proposed Zoning Change ZG11/03IS/KA Owned by MKS Holding Corporation on Shirley Drive. Although we are certainly not strongly opposed to the development, we do think there are certain aspects that need careful consideration as they relate to making this intersection the "Gateway to Kitchener" from the east. 7. What do you like_or dislike about the proposed zone chanpe? Placing the proposed retail automotive facility in the service industrial zone does not meet the City's urban design objective in a number of ways. The stated objeotive was to have high end retail facilities on Victoria and enhance Victoria Street as the ""gateway" to Kitchener Given the availability of land on Victoria there is no reason to put the proposed building in a location behind the main street; in effeot it is similar to putting a house behind a house which is not goad planning policy. It will also marginalize the remnant lot adjacent to the proposed BMW facility if these uses are allowed to be put on industrial lands not presently zoned for this use, and therefore of lesser value. It puts our proposed dealership at a competitive disadvantage. Would the City be in favour of us relocating the BMW dealership to Shirley Drive? 2 What changes do you suggest r`or the proposed zone chanpe? Any zone change would have to have the limits of what is appropriate defined. The property in question would be properly defined as a use secondary to a principal dealership and as a use supporting primary dealerships properly located on Victoria Street.. 3. Any additional comments? We feel that any proposed dealerships should be held to the same standard that has been required of us in our proposed development of the new BMW facility. To that end it should be on Victoria and as continuation of and further enhancement of the urban realm. Additionally, it is imperative that no competitive advantage is granted to the subject property (i.e. lower taxes, less site improvements required etc.) since this would be deemed to be unfair to those of us that have paid a higher cost for land, buildings and site improvements that would make Victoria St. a true Gateway to the City of Kitchener" that all stakeholders of the city could be proud of. Yours thankfully. R~4~aile,r Prii~cipat w } ~LJT~M~`f`I V E ;f,J~' 1-28 3/31 /2011 '1~1~u~s~1~.y; ~r1~r~'_~ 31, 201.1 P~~~ 2 cif 2 1-29 3/31/2011