HomeMy WebLinkAboutDSD-19-087 - A 2019-036 - 2960 Kingsway Dr1
Staff Report
i�TTCH� N� R Community Services Department www kitchener cn
REPORT TO: Committee of Adjustment
DATE OF MEETING: April 16, 2019
SUBMITTED BY: Juliane von Westerholt, Senior Planner - 519-741-2200 ext. 7157
PREPARED BY: Katie Anderl, Senior Planner - 519-741 2200 ext. 7987
WARD: 3
DATE OF REPORT: April 5, 2019
REPORT #: DSD -19-087
SUBJECT: A2019-036 — 2960 Kingsway Drive
Applicant — K. Barisdale (GSP Group)
Owner — CF Realty and Ontrea
Approve with Conditions
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Subject Lands Lot G
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Map 1 — 2960 Kingsway Drive
REPORT
The subject lands are located at 2960 Kingsway Drive and contain the existing Fairview Park Mall. The
lands are designated Mixed Use in the City's 2014 Official Plan and zoned Regional Shopping Centre
Zone (C-5) in Zoning By-law 85-1 with Special Regulation 16R, which restricts the maximum gross
leasable commercial space permitted to 72,000 square metres. The lands are developed with Fairview
Park Mall. The Owner is requesting two variances at this time to facilitate Phase 1 of the mall's
redevelopment.
Variance 1: relief from Section 6.1.1.1 a) iv) to permit a 0.0 metre wide landscape strip and to permit
parking within 3 metres of the streetline along Highway 8, whereas a 3 metre wide landscape strip and
parking setback are required.
Variance 2: relief from s.6.1.2 a) to permit 2164 parking spaces rather than 2531 parking spaces. Since
the minor variance application was submitted, staff has requested minor refinements to the proposed site
layout, which has resulted in 16 additional parking spaces being removed from the plan. Therefore, the
applicant is requesting that the Committee consider a variance to permit 2148 parking spaces rather than
2531 parking spaces.
Planning Comments:
In considering the four tests for minor variances as outlined in Section 45(1) of the Planning Act, R.S.O.,
1990 Chap. P. 13, as amended, Planning staff offer the following comments.
Variance 1: To permit a 0.0 metre wide landscape strip and to permit parking within 3 metres of the
streetline along Highway 8, whereas a 3 metre wide landscape strip and parking setback are required.
This same variance was considered in 2017 in support of a Site Plan application which was being
considered at that time. The Committee recommended approval, however on the condition that the
approval only applied to the property as it existed on June 20, 2017 and additional relief would be required
if changes were proposed to the gross floor area. At this time, the applicant is proposing renovations in
the vicinity of the former Sears store, and new construction near the main site entrance to Fairway Road.
No changes are proposed to the existing parking layout along the MTO lands. However, staff advises
that parking spaces along Fairway Road and up to the intersection with the MTO off -ramps are being
adjusted as part of site improvements so that there is compliance with the required landscape buffer and
setback along this frontage.
General Intent of the Official Plan
The subject lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of
uses, including retail and office, which are proposed as part of the current development proposal. The
lands are also located in a Major Transit Station Area (MTSA) which are the focus for development. The
proposed reduction to the parking setback does not impact the ability of the site to be developed for the
proposed uses, and facilitates the Site Plan applications currently being considered. Based on the
foregoing, staff is of the opinion that the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent and purpose of the 3 metre landscape strip and required parking setback is to provide
separation and landscaping between parking areas and the public realm, in order to improve the
streetscape and pedestrian experience. Staff observes there is a substantial grade change and separation
between the property line and the traffic lanes within the MTO right-of-way. This area is grassed and
contains a variety of trees which act as a visual screen for drivers. Pedestrians are not permitted within the
MTO right-of-way. As there is substantial grade change and existing vegetation between the parking and
traffic lanes, staff is of the opinion that there is no benefit to providing additional landscape buffer between
parking and the MTO right-of-way at this time, and that the general intent of the Zoning By-law is maintained.
Is the Variance Appropriate
The owner is proposing substantial redevelopment of the subject lands in areas not associated with these
parking lots (Lot F and G on Map 1). This redevelopment supports the evolution of the mall to a mixed use
centre which complies with the planning direction for this MTSA. The variance is required to legalize the
existing layout of this parking in order to ensure by-law compliance, which is required to facilitate
redevelopment of other sections of the site. Staff is of the opinion that the variance is appropriate for the
development and use of the lands.
Is the Variance Minor
Staff is satisfied the requested variance will not cause any impacts to adjacent properties or the
streetscape and is of the opinion that it is minor. However, staff recommends that at such time as this
parking lot is redeveloped, that the boundary condition is reevaluated in the context of the proposed
development. Based on the foregoing, staff is of the opinion that the proposed variance is minor and
appropriate for the development and use of the land. Further, staff recommend that a condition be added
indicating that the proposed 0 metre setback remain valid until development is proposed within Lot F or Lot
G as shown on the plan submitted in support of this application.
Photo 1 — existing parking setback to Highway 8 (MTO) right-of-way (March 20, 2019)
Variance 2: to permit 2148 parking spaces rather than 2531 parking spaces.
Cadillac Fairview Park Mall has been developed as one large shopping mall with common access to
interior and exterior areas including hallways, parking, sidewalks, drive aisles, etc. However, the mall
property is held in two separate ownerships and as such zoning and parking requirements are calculated
on an individual property basis. Cadillac Fairview (CF) has applied for Site Plan approval to redevelop
and increase the gross floor area on their portion of the lands (220 Fairway Road and 2960 Kingsway
Drive). Through this redevelopment a large area of surface parking is being removed and replaced with
buildings.
Parking requirements and provisions (based on the redevelopment plans being considered through
SP18/091/F/KA) are as follows:
(* when calculating parking, spaces that are located within 14 metres of the MTO right-of-way are not
counted towards the parking total as these lands are regulated by the MTO and could be required for
future highway widening. Therefore, while these spaces currently exist, they cannot be guaranteed to
be in place permanently.)
Based on the overall site statistics, while there may be a deficit of parking on CF lands (subject of this
application), Walmart lands provide a large surplus of parking, resulting in an overall surplus for the mall
as a whole. The owners of CF Mall have entered into private agreements for shared use of parking,
however, as the City is not party to these agreements they cannot be counted as an off-site parking
agreement as provided for in the zoning by-law. Never -the -less, the existing agreements have been in
place for decades and have proven to be an effective tool which provides for the ongoing shared parking
arrangements.
General Intent of the Official Plan
The lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of
commercial uses, including retail and office, which are proposed as part of the current development
proposal. The lands are also located in an MTSA and policies support development at higher densities
and transit oriented development with less reliance on private automobile. The associated Site Plan
Application seeks to intensify and redevelop lands near the transit station and focussed onto Fairway
Road South. The proposed parking reduction will support the proposed redevelopment plan and staff
are of the opinion that the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of minimum parking requirements in the zoning by-law is to ensure sufficient parking for the
ongoing site operations. While consisting of two separate ownerships, Fairview Park Mall operates as a
single entity and in accordance with private agreements the owners are obligated to provide for access
to parking across the entirety of the lands. Given that the mall overall remains in a position of parking
surplus, staff is of the opinion that the intent of the by-law is maintained.
Number of Parking Spaces
Required by by-law
Provided
# in MTO
Provided (minus
By-law
setback *
MTO)
Surplus/Deficit
CF Lands
2531
2211
63
2148
-383
GFA = 68337
Walmart Lands
376
967
85
882
+506
GFA = 10151
Entire Mall
2907
3194
148
3046
+139
GFA = 78488
(* when calculating parking, spaces that are located within 14 metres of the MTO right-of-way are not
counted towards the parking total as these lands are regulated by the MTO and could be required for
future highway widening. Therefore, while these spaces currently exist, they cannot be guaranteed to
be in place permanently.)
Based on the overall site statistics, while there may be a deficit of parking on CF lands (subject of this
application), Walmart lands provide a large surplus of parking, resulting in an overall surplus for the mall
as a whole. The owners of CF Mall have entered into private agreements for shared use of parking,
however, as the City is not party to these agreements they cannot be counted as an off-site parking
agreement as provided for in the zoning by-law. Never -the -less, the existing agreements have been in
place for decades and have proven to be an effective tool which provides for the ongoing shared parking
arrangements.
General Intent of the Official Plan
The lands are designated Mixed Use in the 2014 Official Plan. Policies support a broad range of
commercial uses, including retail and office, which are proposed as part of the current development
proposal. The lands are also located in an MTSA and policies support development at higher densities
and transit oriented development with less reliance on private automobile. The associated Site Plan
Application seeks to intensify and redevelop lands near the transit station and focussed onto Fairway
Road South. The proposed parking reduction will support the proposed redevelopment plan and staff
are of the opinion that the general intent of the Official Plan is maintained.
General Intent of the Zoning By-law
The intent of minimum parking requirements in the zoning by-law is to ensure sufficient parking for the
ongoing site operations. While consisting of two separate ownerships, Fairview Park Mall operates as a
single entity and in accordance with private agreements the owners are obligated to provide for access
to parking across the entirety of the lands. Given that the mall overall remains in a position of parking
surplus, staff is of the opinion that the intent of the by-law is maintained.
Is the Variance Appropriate
The subject development is located in a MTSA and is adjacent to a multi -modal hub. Through the
Comprehensive Review of the Zoning By-law (CRoZBy), staff is generally recommending lower parking
rates than are in the current zoning by-law, and this is especially true in MTSA's where there is excellent
access to public transit. The current ratio in By-law 85-1 is 1 space / 27 m2 resulting in a requirement of
2531 spaces (based on a total GFA of 68,337 m2). CRoZBy recommends maximum and minimum
requirements for plaza developments ranging from a minimum of 1/35m2 to a maximum of 1/24m2
resulting in a range from 1952 — 2847 spaces. The development concept provides for 2148 spaces on
CF lands which is consistent with the range recommended by the new zoning regulations. As the overall
mall continues to provide more than the minimum amount of parking, and as the amount of parking
provided on the subject lands is in keeping with the recommended ratio for plaza parking in mixed use
areas, staff is of the opinion that the proposed variance is appropriate for the development and use of
the lands.
Is the Variance Minor
Staff are of the opinion that due to the surplus of parking for the mall as a whole, the excellent access to
transit, and the recommended reductions to parking rates in transit station areas that the proposed
parking reduction is minor.
Based on the foregoing, planning staff recommends that this application be approved subject to the
conditions outlined in the Recommendation section of this report.
Heritage Planning Comments:
The lands are a listed heritage property. A Heritage Impact Assessment was completed in supported of
the associated Site Plan Application and has been approved. Heritage planning staff is of the opinion
that the minor variance application will not adversely impact the heritage features and have no concerns.
Building Comments:
The Building Division has no objections to the proposed variance.
Transportation Services Comments:
Transportation Services staff is of the opinion that there is sufficient on-site parking for the entire Fairway
Park Mall and therefore can support the requested parking variance.
RECOMMENDATION
That application A2019-036 requesting relief from Section 6.1.1.1 a) iv) to permit a 0.0 metre wide
landscape strip and to permit parking within 3 metres of the streetline along Highway 8, whereas a 3
metre wide landscape strip and parking setback are required; and from Section 6.1.2 a) to permit 2148
parking spaces rather than 2531 parking spaces, be approved, subject to the following conditions:
1. That the reduced landscape strip and parking setback to Highway 8 shall only apply to the parking
spaces and landscaping configuration existing as of April 16, 2019, and shall only remain valid
until such time as lands located within Lot F and Lot G (as shown on the plan attached to the
variance application) are developed.
Katie Anderl, MCIP, RPP
Senior Planner
Juliane von Westerholt, MCIP, RPP
Senior Planner
Region of Waterloo
April 02, 2019
Holly Dyson
City of Kitchener
200 King Street West
P.O. Box 1118
Kitchener, ON N2G 4G7
Dear Ms. Dyson:
PLANNING, DEVELOPMENT
AND LEGISLATIVE SERVICES
150 Frederick Street, Sth Floor
Kitchener ON N2G 4A Canada
Telephone: 519-575-4400
TTY: 519-575-4608
Fax: 519-575-4449
www. reg i o n ofwate r l o o. ca
File No.: D20-20/VAR KIT GEN
Re: Committee of Adjustment Meeting on April 16, 2019, City of Kitchener
Regional staff have reviewed the following Committee of Adjustment applications and
have following comments:
1. SG 2019-008
— 72 Wilson Road — No Concerns.
2. A 2019-026 —
607 Victoria Street North — No Concerns.
3. A 2019-027 —
151 Wentworth Avenue — No Concerns.
4. A 2019-028 —
151 Wentworth Avenue — No Concerns.
5. A 2019-029 —
150 Eaglecrest Street — No Concerns.
6. A 2019-030 —
176 Woolwich street — No Concerns.
7. A 2019-031 —
24 Gaukel Street—No Concerns.
8. A 2019-032 —
262-286 Kingswood Drive — No Concerns.
9. A 2019-033 —
306 Field Sparrow Crescent — No Concerns.
10.A 2019-034 —
188 Redtail Street — No Concerns.
11.A 2019-035 — 186 Kent Avenue — No Concerns.
12.A 2019-036 — 2960 Kingsway Drive — No Concerns.
13. A 2019-037 — (ARN: 301206001102101) Valencia Avenue — No Concerns.
14.A 2019-038 — 128 Mill Street — No Concerns.
Please be advised that any development on the subject lands is subject to the
provisions of the Regional Development Charge By-law 14-046 or any successor
thereof and may require payment of Regional Development Charges for these
developments prior to the issuance of a building permit.
The comments contained in this letter pertain to the Application numbers listed. If a site
is subject to more than one application, additional comments may apply.
Document Number: 2976564
Page 1 of 2
Please forward any decisions on the above mentioned Application numbers to the
undersigned.
Yours Truly,
Joginder Bhatia
Transportation Planner
(519) 575-4500 Ext 3867
Grand River Conservation Authority
Resource Management Division
Andrew Herreman, Resource Planning
Technician
400 Clyde Road, P.O. Box 729
Cambridge, Ontario N 1 R 5W6
Phone: (519) 621-2761 ext. 2228
E-mail: aherreman@grandriver.ca
PLAN REVIEW REPORT: City of Kitchener
Holly Dyson
DATE: April 8, 2019 YOUR FILE: See below
RE: Applications for Minor Variance:
A 2019-024
51 Benton Street
A 2019-026
607 Victoria Street North
A 2019-027
151 Wentworth Avenue
A 2019-028
151 Westworth Avenue
A 2019-029
150 Eaglecrest Street
A 2019-031
24 Gaukel Street
A 2019-032
262-286 Kingswood Drive
A 2019-033
306 Field Sparrow Crescent
A 2019-034
188 Redtail Street
A 2019-036
2960 Kingsway Drive
A 2019-037
Valencia Court (Blocks 2, 3 and 4 of Stage 12, 30T-01201)
A 2019-038
128 Mill Street
Applications for Consent:
B 2019-005
151 Wentworth Avenue
B 2019-006
151 Wentworth Avenue
B 2019-011
75 Tillsley Drive
B 2019-012
53 Lichty Crescent
B 2019-013
118 Doon Valley Drive
B 2019-014
128 Mill Street
GRCA COMMENT*:
The above noted applications are located outside the Grand River Conservation Authority areas
of interest. As such, we will not undertake a review of the applications and plan review fees will
not be required. If you have any questions, or require additional information, please contact me.
Sincerely,
Andrew Herreman, CPT
Resource Planning Technician
Grand River Conservation Authority
"These comments are respectfully submitted as advice and reflect resource concerns within the scope and mandate of the Page 1 of 1
Grand River Conservation Authority.
Holly Dyson
From: Katie Anderl
Sent: 03 April, 2019 4:11 PM
To: john.morrisey@ontario.ca
Cc: Holly Dyson; Dianna Saunderson; Juliane vonWesterholt
Subject: RE: A 2019-036 2960 Kingsway Drive
Hi John,
Thanks for your comments. I can confirm that the existing parking located in the 14 metre setback has not been
included as part of the required parking for the site. Since they applied for the application we have further adjusted the
plan resulting in 2148 spaces provided. I had planned to include this chart in my report to explain the parking provisions
for the site, and we have not counted the spaces in the MTO setback.
The setback variance serves to legalize the existing landscape buffer and parking setback from the perspective of the
City's zoning by-law so that we may issue approval for redevelopment of other parts of this site (I believe you are aware
of the Site Plan that is in progress). I will recommend that the Committee include a condition of the variance indicating
that the variance only applies to the existing parking lot configuration and that the variance shall only be valid until such
time as the these portions of the parking lot are redeveloped.
On another note, I expect that we will be in a position to issue approval in principle for the site plan that these variances
relate to in the near future. As a condition of the Site Plan they will require an MTO permit and I expect that GSP Group
will be connecting with you on this, if they haven't already.
Regards,
Katie
From: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Sent: Wednesday, April 03, 2019 2:21 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Cc: Holly Dyson <Holly.Dyson@kitchener.ca>
Subject: FW: A 2019-036 2960 Kingsway Drive
IN
Dianna Saunderson
Committee Administrator Corporate Services I City of Kitchener
519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca
Number of Parking Spaces
Required by by-law
Provided
# in MTO
Provided
By-law
setback *
(minus MTO)
Surplus/Deficit
CF Lands
2531
2211
63
2148
-383
GFA = 68337
Walmart Lands
376
967
85
882
+506
GFA = 10151
Entire Mall
2907
3194
148
3055
+148
GFA = 78488
The setback variance serves to legalize the existing landscape buffer and parking setback from the perspective of the
City's zoning by-law so that we may issue approval for redevelopment of other parts of this site (I believe you are aware
of the Site Plan that is in progress). I will recommend that the Committee include a condition of the variance indicating
that the variance only applies to the existing parking lot configuration and that the variance shall only be valid until such
time as the these portions of the parking lot are redeveloped.
On another note, I expect that we will be in a position to issue approval in principle for the site plan that these variances
relate to in the near future. As a condition of the Site Plan they will require an MTO permit and I expect that GSP Group
will be connecting with you on this, if they haven't already.
Regards,
Katie
From: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Sent: Wednesday, April 03, 2019 2:21 PM
To: Katie Anderl <Katie.Anderl@kitchener.ca>
Cc: Holly Dyson <Holly.Dyson@kitchener.ca>
Subject: FW: A 2019-036 2960 Kingsway Drive
IN
Dianna Saunderson
Committee Administrator Corporate Services I City of Kitchener
519-741-2200 ext. 7277 TTY 1-866-969-9994 1 Dianna.Saunderson@kitchener.ca
r.
L
D
From: Morrisey, John (MTC) <John.Morrisey@ontario.ca>
Sent: Wednesday, April 3, 2019 2:20 PM
To: Dianna Saunderson <Dianna.Saunderson@kitchener.ca>
Cc: Pastor, Tracy (MTC) <Tracy.Pastor@ontario.ca>
Subject: A 2019-036 2960 Kingsway Drive
To: Dianna Saunderson
Secretary -Treasurer
Committee of Adjustment
Re: A 2019-036
2960 Kingsway Drive
Fairview Park Mall
The Ministry of Transportation (MTO) has completed its review of the above -noted amendment. The amendment has
been considered in accordance with the requirements of our highway access control policies and the Public
Transportation and Highway /mprovementAct (PTH/A). The following outlines our comments.
MTO do not support off-street parking which will be located within O.m of the streetline along Highway 8 interchange. If
any part of a development is integral to the operation of the development (including minimum parking requirements,
fire lanes, drive-through lanes, delivery areas and loading dock areas) those parts of the development should be set back
a minimum of 14 m from MTO's Highway Property Limit. The applicant should be made aware that where MTO's
setback requirement exceeds that of the City of Kitchener; then MTO's setback will apply.
The existing parking spaces located within 14.Om of the Highway Property Limit may remain for their current use, but
shall not be 'legalized' through this amendment.
The existing parking spaces located within 14.Om of the Highway Property Limit should be deducted from the total
number of parking spaces required under the by-law. The City should contemplate this when considering the applicant's
request to reduce the number of parking spaces from 2531 spaces to 2164 spaces.
Section 38 of the PTHIA in part states:
38 (2) Despite any general or special Act, regulation, by-law or other authority, no person shall, except under a
permit therefor from the Minister,
(a) place, erect or alter any building, fence, gasoline pump or other structure or any road upon or within 45
metres of any limit of a controlled -access highway or upon or within 395 metres of the centre point of an
intersection;
(e) display any sign, notice or advertising device, whether it contains words or not, other than one sign not more
than sixty centimetres by thirty centimetres in size displaying the name or the name and occupation of the owner
of the premises to which it is affixed or the name of such premises within 400 metres of any limit of a controlled -
access highway;
(f) use any land, any part of which lies within 800 metres of any limit of a controlled -access highway, for the
purposes of a shopping centre, stadium, fair ground, race track, drive-in theatre or any other purpose that causes
persons to congregate in large numbers.
We would appreciate receiving a copy of Committee's decision for this application.
Regards,
John Morrisey
Corridor Management Planner
Corridor Management Section
Engineering Office
Ministry of Transportation
659 Exeter Road, London, ON
WE 11-3
Telephone 519-873-4597
Fax 519-873-4228
John.morrisey@ontario.ca