HomeMy WebLinkAboutCSD-17-036 - Zone Change ZC16-013-P-M-CL - Manitou Dr. - Fairway Rd. S.
REPORT TO: Planning and Strategic Initiatives Committee
DATE OF MEETING: May 1, 2017
SUBMITTED BY: Alain Pinard, Director of Planning, 519-741-2200 ext. 7319
PREPARED BY: Catherine Lowery, Junior Planner,519-741-2200 ext. 7071
WARD(S) INVOLVED: Ward 3
DATE OF REPORT: March 29, 2017
REPORT NO.: CSD-17-036
SUBJECT: ZONE CHANGE APPLICATION
ZC16/013/M/CL
10 Manitou Drive, 655 Fairway Road South, and 569-579 Fairway
Road South
First Capital Holdings (Ontario) Corporation, First Capital
(Fairway) Corporation, and FC Domaine Holdings (Ontario)
Corporation
_____________________________________________________________________________
RECOMMENDATION:
That Zone Change application ZC16/013/M/CL (First Capital Holdings (Ontario)
Corporation, First Capital (Fairway) Corporation, and FC Domaine Holdings (Ontario)
Corporation)for the purpose of changing the zoning of the subject properties to remove
Special Use Provision 112U andadd Holding Provision 79H be approved in the form
-March 29, 2017, attached to Report CSD-17-036 as
*** 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 properties are municipally addressed as 10 Manitou Drive, 655 Fairway Road
South, and 569-579 Fairway Road South andare located on the southeast corner of Manitou
Drive and Fairway Road South. The properties are developed as a commercial plaza containing
a number of multi-tenant commercial buildings, currently occupied by various commercial uses.
Surrounding the site are commercial uses to the north, east, and west, and industrial uses to the
south.
The subject properties are designated Primary Node zoned
Commercial Campus Zone (C-8) -law 85-1 with Special Use Provision
112U and site specific Special Regulations regulating gross floor area for individual retail
outlets. Each property currently contains the following unique zoning combinations:
10 Manitou Drive: Commercial Campus Zone (C-8) with Special Regulation Provisions
297R and 298R and Special Use Provision 112U
655 Fairway Road South: Commercial Campus Zone (C-8) with Special Regulation
Provisions 297R and413R and Special Use Provision 112U
569-579 Fairway Road South: Commercial Campus Zone (C-8) with Special Regulation
Provision 297R and Special Use Provision 112U
The Applicant is proposing to change the current zoning by removing Special Use Provision
112U on all three properties, which prohibits convenience retail and personal service uses.The
purpose of the application is to permit the full range of commercial uses already permitted by
the C-8 zone in order to provide greater flexibility re-tenanting existing commercial units within
the plaza. No new buildings or changes to the design and configuration of the site are proposed
at this time.Planning staff notes that the original intent of Special Use Provision 112U was to
reduce traffic volumes on Fairway Road by prohibiting
convenience-type uses with a greater turnover in patrons. However, given that improvements
have since been made to Fairway Road and the properties are located between two Major
Transit Station Areas, staff is satisfied that convenience retail and personal service uses are
appropriate for the site.
Through the review of the application, Regional staff have identified that the properties are
within the Regions Threats Inventory Database, and are located within wellhead protection
the Review of
Development Applications on or Adjacent to Known and Potentially Contaminated Sites, a
Record of Site Condition (RSC) is required for the change to or addition of a non-sensitive land
use. However, as the site is already built out as an existing commercial plaza, an RSC is not
obtainable. Through discussions with the Applicant and City Planning staff, the Region has
agreed to waive the requirement for an RSC, subject to the addition of a Holding Provision. The
purpose of this Holding Provision is to obligate the Owner to file an RSC, to the satisfaction of
the City of Kitchener and Region of Waterloo, prior to any future redevelopment that increases
the gross floor area of the site by more than 500 square metres.
Planning Analysis:
Planning staff is of the opinion that the proposed zone change to remove Special Use Provision
112U and add 79H will benefit the subject properties and surrounding community. Removal of
112U will permit the full range of commercial uses already permitted in the C-8 zone, improving
the ability to re-tenant existing units and prevent longer term vacancies. The addition of the
Holding Provision will ensure an RSC is filed prior to any large scale redevelopment.
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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.
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, subject to the
addition of the Holding Provision.
City of Kitchener Official Plan (In effect)
The subject property is within the
broad range of commercial uses including retail uses, which can locate within plazas or in
freestanding building and only places a restriction on the maximum size of units. The proposed
zone change to allow for convenience retail and personal services is not in conflict with the
current Official Plan.
New City of Kitchener Official Plan
was approved in 2014; however, some portions are currently under
appeal before the Ontario Municipal Board (OMB). The subject properties are primarily located
within an Urban Corridor between two Major Transit Station Areas and proposed to be
designated Commercial. The Commercial land use designation is currently under appeal. The
Commercial designation is intended to provide for a range of retail and service commercial uses
that cater primarily to the weekly and daily needs of residents within the surrounding
neighbourhoods. As such, the new Official Plan provides support for the zone change to permit
convenience retail and personal services.
Planning staff is of the opinion that the proposed zone change conforms to the intent of the
current and new Official Plans, as the removal of Special Use Provision 112U will allow for the
full range of commercial uses permitted in the C-8 Zone, and the proposed Holding Provision
79H will ensure an RSC is filed prior to any future large scale redevelopment.
Planning Around Rapid Transit Stations (PARTS) and Zoning By-law Review
Through Phase 1 of Planning Around Rapid Transit Stations (PARTS), the subject lands were
identified within the Fairway Station Study Area. The PARTS Fairway Plan process is
scheduled to begin in Fall of 2018. The process will recommended a comprehensive plan that
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addresses land use designation, zoning and urban design for the study area. The process will
also include confirmation of the boundary which would help determine and confirm if the subject
site should be included within the plan. The PARTS exercise will include consultation with
landowners, the public and other stakeholders. Should the site not be included within the plan,
the new Commercial zoning, which is being prepared as part of the Comprehensive Review of
the Zoning By-law CRoZBy process, would be considered for the site. It is anticipated that
the first draft of the Commercial zoning will be tabled in April of this year to be released for
several months of public review. However, it is not expected that there will be a final draft of the
new Zoning By-law until 2018 and certain portions of the new Zoning By-law coming into effect
will be dependent upon the status of related Official Plan appeals.
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 onJanuary 18,
2017 as per Planning Act requirements. A copy of all department/agency comments are
C to this report. Astandard notice sign was placed on the subject land
advising of the zone change application.
agenda in advance of the committee meeting.
Staff received a phone call from one (1) neighbouring property owner requesting clarification on
the purpose of the application. No concerns were raised.
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 January 18, 2017. Notice of the May 1, 2017 public meeting of the Planning &
Strategic Initiatives Committee will be advertised in The Record on April 7, 2017. The
newspaper notice B, as well as the statutory
circulation described under the Community Engagement section of this report, fall under the
o 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
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- CSD-17-036
PR O P O S E D B Y L A W
March 29, 2017
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 First
Capital Holdings (Ontario) Corporation, First Capital (Fairway)
Corporation, and FC Domaine Holdings (Ontario) Corporation
10 Manitou Drive, 655 Fairway Road South, and 569-579
Fairway Road 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 Number 197 of Appendix "A" to By-law Number 85-1is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area1on Map No. 1, in the City of Kitchener, attached hereto,from Commercial
Campus Zone (C-8) with Special Regulation Provisions 297R and 298R and Special
Use Provision 112U to Commercial Campus Zone (C-8) with Special Regulation
Provisions 297R and 298R and Holding Provision 79H.
2. Schedule Number 197 of Appendix "A" to By-law Number 85-1is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 2 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial
Campus Zone (C-8) with Special Regulation Provisions 297R and413R and Special
Use Provision 112U to Commercial Campus Zone (C-8) with Special Regulation
Provisions 297R and413R and Holding Provision 79H.
3. Schedule Number 197 of Appendix "A" to By-law Number 85-1is hereby amended
by changing the zoning applicable to the parcel of land specified and illustrated as
Area 3 on Map No. 1, in the City of Kitchener, attached hereto, from Commercial
Campus Zone (C-8) with Special Regulation Provision 297R and Special Use
Provision 112U to Commercial Campus Zone (C-8) with Special Regulation
Provision 297R and Holding Provision 79H.
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- CSD-17-036
4.-law Number 85-1is hereby further
amended by incorporating additional zone boundaries as shown on Map No. 1 attached
hereto.
5.F-law 85-1 is hereby amended by adding Section 79 thereto as
follows:
79. Notwithstanding Section 13A of this By-law, within the lands zoned C-8,
shown as affected by this subsection on Schedule 197,
any redevelopment resulting in an increase to the gross floor area
existing on the date of the passing of the by-law greater than 500 square
metres will not be permitted until such time as the City of Kitchener and
Regional Municipality of Waterloo are in receipt of a Record of Site
Condition, prepared in accordance with Ontario Regulation 153/04, as
amended, under the Environmental Protection Act and acknowledged by
the Ministry of Environment and Climate Change, confirming that the
subject property is suitable for redevelopment and this Holding Provision
has been removed by By-law.
PASSED at the Council Chambers in the City of Kitchener this day of
2017.
_____________________________
Mayor
_____________________________
Clerk
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Appendix B - CSD-17-036
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
10 Manitou Drive, 655 Fairway Road South, and 569-579 Fairway Road South
The Owner has requested to change the zoning by removing Special Use Provision 112U on all three properties. The
proposed zoning would permit convenience retail and personal services uses currently prohibited by Special Use
Provision 112U, with the Holding Provision toobligate the Owner to file a Record of Site Condition prior to any
redevelopment resulting in an increase in gross floor area greater than 500 square metres.
The public meeting will be held by the Planning & Strategic Initiatives Committee, a Committee of Council which deals
with planning matters on:
st
MONDAY, May 1 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
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Appendix "C" - CSD-17-036
Appendix “C” - CSD-17-036
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