HomeMy WebLinkAboutDTS-06-138 - Zone Change Application ZC06/10/K/JB, 501 Krug St
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Development &
Technical Services
Report To:
Date of Meeting:
Submitted By:
Prepared By:
Ward(s) Involved:
Development and Technical Services Committee
September 18, 2006
Jeff Willmer, Director of Planning (741-2325)
Jeff Bannon, Planner (741-2643)
1 Bridgeport - Centre (Coun. John Smola)
Date of Report:
September 8, 2006
Report No.:
Subject:
DTS 06-138
ZONE CHANGE APPLICATION ZC06/10/K/JB
501 Krug St
12911 05 Ontario Ltd.
1
RECOMMENDATION:
That Zone Change Application ZC06/10/K/JB (1291105 Ontario Ltd) for the purpose of changing
the zoning from Neighbourhood Shopping Centre Zone (C-2) to Neighbourhood Shopping
Centre Zone (C-2) with a special use provision to allow a commercial bingo centre on lands
legally described as Registered Plan 927 Lots 1 to 9 including Lots 22 to 31 and Part of Lots 10
and 21 (501 Krug St) in the City of Kitchener be refused.
BACKGROUND:
The subject land is currently a commercial plaza and located on the south side of the
intersection of Sherwood Avenue and Krug Street. The unit that is to be occupied is presently
vacant and the former tenant was a grocery store. The applicant would like add a special use
provision that would allow for a commercial bingo centre in the C-2 zone. The applicant also
held a public meeting to discuss the potential zone change on June 6, 2006 at the Kitchener
Memorial Auditorium. Following this meeting, the bingo charities held their annual meeting and
as such, several of the approximately 50 attendees were representatives of the involved
charities.
REPORT:
1. Planning Comments
The applicant is proposing to change the zoning from Neighbourhood Shopping Centre Zone
(C-2) to Neighbourhood Shopping Centre Zone (C-2) with a special use provision to allow a
commercial bingo centre. The C-2 zoning currently permits a variety of commercial uses that
are intended to provide services for the surrounding neighbourhood, but the zoning does not
permit commercial entertainment uses including a commercial bingo centre.
The property is designated as a Neighbourhood Mixed Use Centre in the Official Plan. This
designation is intended to serve as a neighbourhood focal point and is expected to meet the
convenience and service orientated needs of the surrounding residential areas.
While the proposed zone change would not require an amendment to the Official Plan, the
intent of the designation in the Official Plan is to provide the neighbourhood with land uses that
will serve their service needs. A commercial bingo centre is expected to attract patrons from
across the city of Kitchener and potentially from across the region. The current Provincial Policy
Statement reinforces the planning principle that a mixed use walkable community contributes to
the community public health in that it provides opportunities for neighbourhood residents to walk
to supportive commercial uses rather than having to drive to such establishments. Although
some residents in the community will likely walk to the bingo centre, the business will be serving
a much wider population base. The intent of the current designation is to provide a land use
which is to be utilized by the immediate community which in turn, promotes a more walkable
community. Staff believe that the rezoning of the property to allow for a commercial bingo
centre is not a land use that is intended for the neighbourhood and is not compatible with the
surrounding area. There are several other commercially zoned and downtown areas in the city
of Kitchener that would be better suited to accommodate this type of land use. These zones
have been planned accordingly to accommodate the servicing needs of a bingo hall and have
been planned to handle the pedestrian and vehicular traffic and the associated activities that
result from a commercial entertainment use. As a result, the zone change application complies
2
with the official plan but does not meet the intent of the official plan and is not compatible with
the community.
2. Property Owner Comments
Thirty-seven responses were received from neighbouring property owners, four of which were
returned by neighbours who had no concerns with the proposal.
Many of the concerns raised by property owners involved concerns with traffic, increased noise,
parking problems and the safety of residents and school children in the neighbourhood. The
applicants would be operating from the former grocery store and they have indicated that they
expect many of their customers will arrive via some form of public transportation, which should
help alleviate some concerns of the respondents. It is also important to note that the current
required parking based on the commercial plaza calculation meets our by-law requirements.
According to the most recently submitted site plan, 182 spaces are required and 206 spaces
have been provided.
Residents are concerned that the business is planned to be open past traditional operating
hours of typical commercial businesses and the noise and traffic generated during these longer
business hours will disrupt residents in the neighbourhood and contribute to loitering and
undesirable activity when the business closes. It is also important to note that at the
neighbourhood meeting the applicant stated that a manager would be monitoring the parking lot
and that video surveillance would be implemented. Neighbourhood residents also are
concerned with the safety of residents and children in the community that will now be coming
into contact with an influx of customers from around the region that are unknown to the
community. Another concern that was raised by respondents related to the future use of the
commercial space once it is no longer being utilized by the bingo centre. The zoning that is
being applied for would permit a commercial bingo centre as a special use rather than
"commercial entertainment" in general. The remaining uses associated with the C-2 zoning
would remain and the only additional use that would be allowed even after the bingo centre left
the premises would be another bingo centre.
Respondents were equally as concerned with the future devaluation of properties in the area.
The Planning Division is not prepared to comment on issues such as market conditions and the
value of homes in a neighbourhood.
3. Department/Agency Comments
The application was circulated to all applicable agencies and internal departments and
Transportation Planning was the only respondent with concerns. Transportation Planning has
requested that the applicant submit a parking analysis indicating the parking demand for the
proposed use and whether the parking demand for the entire site can be accommodated on the
property. They have also requested the submission of a traffic analysis indicating the impact of
the operation of the property on traffic volumes on the adjacent roads and the need for road
improvements resulting from this application.
3
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are expected with this recommendation. If the
traffic analysis indicates that road improvements are necessary, Council may wish to obtain
financial securities from the proponent through the use of a holding provision.
COMMUNICATIONS:
The applicant held a public meeting to discuss the potential zone change on June 6, 2006.
Preliminary circulation of the original application was undertaken on June 13, 2006 to
department/agencies and all property owners within 120 metres of the site. The advertisement
for the zone change appeared in the Kitchener Waterloo Record on August 25, 2006. The
comments received are discussed in the report above and are attached as Appendices A and B.
CONCLUSION:
In summary, the Department of Development and Technical Services recommends that Zone
Change Application ZC06/1 O/K/JB be refused.
Jeff Bannon, B.A.
Planner
Jeff Willmer, MCIP, RPP
Director of Planning
Attachments:
Existing Site Plan
Proposed By-law
Newspaper Advertisement
Appendix 'A' - Internal/Agency Comments
Appendix 'B' - Property Owner Comments
4
PROPOSED BY-LAW
September 8,2006
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
- 1291105 Ontario Ltd, 501 Krug Street)
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 177 of Appendix "A" to By-law Number 85-1 is hereby amended by
designating as Neighbourhood Shopping Centre Zone (C-2) with Special Use
Provision 358U, instead of Neighbourhood Shopping Centre Zone (C-2), the
parcel of land described as Registered Plan 927 Lots 1 to 9 including Lots 22 to
31 and Part of Lots 10 and 21 in the City of Kitchener. These lands are shown on
Map No. 1 attached hereto.
2. Appendix "C" to By-law 85-1 is hereby amended by adding subsection 358 thereto
as follows:
"358. Notwithstanding Section 8.1 of this by-law, within the lands zoned C-2 on
Schedule 177 of Appendix 'A' and described as Registered Plan 927 Lots 1 to 9
including Lots 22 to 31 and Part of Lots 10 and 21 in the City of Kitchener, a
commercial bingo hall shall be permitted in accordance with the regulations in
Section 8.2
PASSED at the Council Chambers in the City of Kitchener this
,2006.
day of
Mayor
Clerk
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