HomeMy WebLinkAboutDTS-06-193 - ZC06/13/S/CB - 100 Sportsworld Drive
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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
JeffWillmer, Director of Planning (741-2325)
Cory Bluhm, Planner (741-2648)
Ward 3 - Fairview Gateway Ward
Date of Report:
Report No.:
Subject:
September 11, 2006
DTS-06-193
ZONE CHANGE APPLICATION ZC06/13/S/CB
100 Sportsworld Drive
GPM Managed Investments Inc
RECOMMENDATION:
That Zone Change Application ZC06/13/S/CB for the purpose of changing the zoning from:
a. Arterial Commercial Zone (C-6) with Special Use Provision 6U to Commercial Campus
Zone (C-8) with Special Regulation Provision 449R on lands legally described as
Beasley's Broken Front Concessions Part of Lots 8 and 9 (100 Sportsworld Drive); and,
b. Arterial Commercial Zone (C-6) to Commercial Campus Zone (C-8) with a Special
Regulation Provision 449R on lands legally described as Beasley's Broken Front
Concessions Part of Lots 8 and 9 (4278 King Street East and 4336 King Street East);
be approved in the form shown in attached 'proposed bylaw', dated September 12, 2006,
subject to the following condition:
i) That City Council not give 3-readings of the proposed by-law until such time as the City's
Director of Transportation Planning is in receipt of a letter from the Regional Municipality
of Waterloo, confirming that the existing transportation network can accommodate the
proposed development to a satisfactory service level, or that sufficient resources have
been secured for alternative measures necessary for the accommodation of anticipated
traffic impacts.
BACKGROUND:
The application relates to lands formerly occupied by the Sportsworld amusement park
(including Moose Winooskis and the twin pad arena), and a parcel of land currently occupied by
the offices of Christian Horizons.
Places to Grow
The subject lands are identified in the Provincial growth plan as 'Built-Up Area', which
recommends intensification of these areas to attract projected employment and residential
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growth. Intensification areas should provide a diverse and compatible mix of land uses to
support vibrant neighbourhoods.
Provincial Policv Statements
The PPS strongly supports the evolution and redevelopment of existing built up lands in a
compact form, with a mix of uses and densities to allow for the efficient use of land,
infrastructure and public services.
ReQional Growth ManaQement StrateQV
The subject lands are identified in the Regional growth plan as 'Primary Reurbanization Area',
which recommends accommodating an additional residential population of 30,000 people and
an additional employment base of 55,000 new jobs within the entire Central Transit Corridor.
The Sportsworld/Gateway Park area would provide a likely station location of a future rapid
transit line.
Municipal Plan
The City's Municipal Plan identifies the subject lands as part of a Planned Commercial Campus
which includes the former Lulus site and all lands bound by King Street East and Highway 8.
The Campus is intended to accommodate large concentrations of commercial and
entertainment uses that are planned to function as a unit.
Built Form Review
Kitchener's Built Form Review identifies the lands bound by King Street East, Sportsworld Drive
and Highway 8 as reurbanization candidates with potential capacity to accommodate -1800
new employment jobs.
REPORT:
The applicant is proposing to change the zoning on the subject lands to Planned Commercial
Campus (C-8) Zone to bring the zoning into conformity with the Municipal Plan. While the C-6
zone currently permits a scoped range of retail and entertainment uses, the C-8 zone allows the
full range of retail and entertainment uses. Likewise, the C-6 zone permits office uses to a
maximum floor space ratio of 0.5, with a maximum limit of 3,750 square metres, while the C-8
zone permits an FSR of 0.5 with no maximum limit.
In addition, the applicant wishes to eliminate building setbacks along the street lines as well as
internal property lines so as to allow for a defined building mass along the street, and to allow
the site to be developed as one comprehensive campus, despite being three separate
properties. The applicant also wishes to apply the 0.5 Floor Space Ratio to the site in its
entirety (irrespective of property lines), so that office development can be focused in one
specific area.
Community Input
Two letters were received in reply to the preliminary circulation, and are attached in Appendix
'B'. One resident noted the following:
1) they do not want more big-box retail;
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2) they are concerned with "horrific" traffic flow problems; and,
3) they are concerned with the potential unsightliness if the property is developed with
no setbacks.
The Pine Grove Neighbourhood Association identified the following:
2) they are concerned with the potential traffic congestion;
3) they are concerned with the potential King Street Streetscape without building
setbacks; and,
4) they are concerned with the potential loss of an old building on site.
1) While retail will be a major focus of the redevelopment, the applicants are not interested in
pursuing large scale big box retailers (such as Walmart or Loblaws). The proposed zoning
would permit large retail formats, but the applicants hope to attract smaller retail stores.
2) The applicants have retained a traffic consultant to analyze the traffic impacts of the
proposed zone change. Prior to approval of this zone change by Council, it is recommended
that the applicants confirm, to the satisfaction of the Region, that the proposed zoning changes
will not result in a traffic scenario that is significantly different than what could be developed
under the current C-6 zoning, or that the existing road network provides sufficient capacity to
accommodate vehicular traffic generated by the proposed development to a level of service
deemed satisfactory by the Region.
3) The reduced building setbacks along King Street will actually allow for a more aesthetically
pleasing streetscape, as parking will be hidden behind the buildings, out of sight from the
roadways.
4) The building on 4336 King Street East was built in 1887. It is not designated as a heritage
building and not listed on the City's inventory. While the Pine Grove Association believe it to be
a former school house, the applicants believe (through discussions with the original family) that
the building was built and used as a drug store and not a schoolhouse. As the existing building
was once used for residential purposes, the applicants will be required to submit a demolition
control application prior to demolition.
Department/Agency Comments
The application was circulated to all applicable agencies and internal departments and no
objections or requests for conditions were received, with the exception of the following:
KW Hvdro
Due to the presence of above ground hydro wires along the King Street and Sportsworld
property lines, a 5.0 metre front yard building setback has been requested. This is to comply
with the Electricity Act and the Occupational Health and Safety Act. Staff agree with proposed
setback, but recommend the setback be measured from the above grade hydro line rather than
the property line, to allow for alternative hydro measures to be utilized. This could include
conversion to a below grade service line.
Transportation PlanninQ
City traffic staff have recommended a traffic impact analysis be submitted, which includes an
analysis of Baxter Place and Pioneer Tower Road.
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ReQional Municipality of Waterloo
The Region has identified transportation concerns with the proposed change from C-6 to C-8,
and they have questioned the ability of the road network to handle potential trip generation.
They have requested a deferral of the application until a suitable solution can be agreed upon,
or until they are convinced, through a traffic impact analysis, that the existing network can
handle anticipated traffic volumes.
The Region has identified a willingness to incorporate local transit service (bus) into the subject
site, and potentially rapid transit service in the future.
Planning Staff Comments
The proposed redevelopment is consistent with and implements the intentions of Places to
Grow, the Regional Growth Management Strategy and the City's Municipal Plan. It may also
stimulate reurbanization of the Gateway commercial area into a multi-purpose community,
which might include office and residential infill developments, all within close proximity to
existing and future alternative transportation modes (trails, bus, rapid transit). The proposed
special regulations are also appropriate as they allow maximum flexibility to develop multiple
properties in a coordinated manner.
While traffic impacts need to be worked out and solutions need to be achieved, Planning staff
feel the potential for this project to ignite a reurbanization of the Gateway area, into a multi-
modal compact urban community, warrants approval in principle of the proposed zone change.
As such, staff recommend approval of the zoning, subject to 3 readings not occurring until such
a time as Regional staff are satisfied that appropriate transportation solutions have been
reached.
It should be noted that the traffic impact analysis required to fulfill such a condition should relate
specifically to capacity issues only, whereas operational issues (such as the location of
intersections, signal timing, etc.) are more appropriately dealt with at the site plan level.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with this recommendation.
COMMUNICATIONS:
Preliminary circulation of the original application was undertaken on August 4, 2006 to
department/agencies and all property owners within 120 metres of the site. The comments
received are discussed in the report above and are attached as Appendices A and B. A
newspaper ad was placed in The Record on August 25th.
CONCLUSION:
In summary, the Department of Development and Technical Services recommends that Zone
Change Application ZC06/13/S/CB be approved in the form shown in the Proposed By-law,
subject to Regional confirmation that the potential impact on the road network is satisfactory or
improvements are provided for.
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Cory Bluhm, BES, MCIP, RPP
Planner
Attachments:
Proposed Zoning By-law
Newspaper Advertisement
Appendix 'A' - Internal/Agency Comments
Appendix 'B' - Property Owner Comments
Jeff Willmer, MCRIP, RPP
Director of Planning
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PROPOSED BY-LAW
September 12, 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 - GPM Managed
Investments Inc - Sportsworld)
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. Schedules No. 289 and No. 290 of Appendix "A" to By-law Number 85-1 are hereby
amended by designating as Commercial Campus Zone (C-8) with Special Regulation
Provision 449R, instead of Arterial Commercial Zone (C-6) with Special Use Provision 6U,
the parcel of land described as Beasley's Broken Front Concessions Part of Lots 8 and 9
(100 Sportsworld Drive), in the City of Kitchener. This land is shown on Map No. 1
attached hereto.
2. Schedules No. 289 and No. 290 of Appendix "A" to By-law Number 85-1 are hereby
amended by designating as Commercial Campus Zone (C-8) with Special Regulation
Provision 449R, instead of Arterial Commercial Zone (C-6), the parcels of land described
as Beasley's Broken Front Concessions Part of Lots 8 and 9 (4336 King Street East) and
Beasley's Broken Front Concessions Part of Lot 9 Subject to ROW RP58R-14276 Parts
2 & 3 (4278 King Street East), in the City of Kitchener. This land is shown on Map No. 1
attached hereto.
3. Appendix "C" to By-law 85-1 is hereby amended by deleting section 6 in its entirety.
4. Appendix "0" to By-law 85-1 is hereby amended by adding section 449 as follows:
"449 Notwithstanding Section 13A.2 of this By-law, within the lands zoned C-8, as affected by
this subsection, as shown on Schedules 289 and 290 of Appendix "A" and described as
Beasley's Broken Front Concessions Part of Lots 8 & 9 Subject to ROW RP58R-14276
Parts 2 & 3 (100 Sportsworld Drive, 4278 King Street East & 4336 King Street East):
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i) The minimum front yard and side yard abutting a street shall be 0 metres, except that
no building shall be located within 5.0 metres of an above ground hydro line; and,
ii) All lands affected by this subsection shall be deemed to be one lot for the purposes
of applying minimum side yard and rear yard regulations, and for the purposes of
calculating maximum floor space ratio for office.
PASSED at the Council Chambers in the City of Kitchener this
day of , 2006.
Mayor
Clerk
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PROPOSED BY-LAW
September 12, 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 - GPM Managed
Investments Inc. - Sportsworld Drive and King Street East)
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. Schedules 279, 289 and 290 of Appendix "A" to By-law Number 85-1 are hereby amended
by designating as:
a) Commercial Campus Zone (C-8) with Special Regulation Provision 449R, instead of
Arterial Commercial Zone (C-6) and Arterial Commercial Zone (C-6) with Special Use
Provision 6U, the parcel of land described as Part of Lots 8 and 9, Beasley's Broken
Front Concession, in the City of Kitchener (100 Sportsworld Drive); and
b) Commercial Campus Zone (C-8) with Special Regulation Provision 449R, instead of
Arterial Commercial Zone (C-6), the parcels of land described as Part of Lots 8 and
9, Beaseley's Broken Front Concession (4336 King Street East); and Part Lot 9,
Beasley's Broken Front Concession, subject to a right-of-way over Parts 2 and 3 on
Plan 58R-14276 (4278 King Street East), in the City of Kitchener.
These lands are shown on Map No. 1 attached hereto.
2. Schedules 279, 289 and 290 of Appendix "A" to By-law 85-1 are hereby further amended
by adjusting the zone boundaries as shown on Map No. 1 attached hereto.
3. Appendix "C" to By-law 85-1 is hereby amended by deleting section 6 in its entirety.
4. Appendix "0" to By-law 85-1 is hereby amended by adding section 449 as follows:
"449 Notwithstanding Section 13A.2 of this By-law, within the lands zoned C-8, as affected by
this subsection, as shown on Schedules 279, 289 and 290 of Appendix "A" and
described as Part of Lots 8 and 9, Beasley's Broken Front Concession, in the City of
Kitchener (100 Sportsworld Drive); Part of Lots 8 and 9, Beaseley's Broken Front
Concession (4336 King Street East); and Part Lot 9, Beasley's Broken Front
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Concession, subject to a right-of-way over Parts 2 and 3 on Plan 58R-14276 (4278 King
Street East):
i) The minimum front yard and side yard abutting a street shall be 0 metres, except that
no building shall be located within 5.0 metres of an above ground hydro line; and
ii) All lands affected by this subsection shall be deemed to be one lot for the purposes
of applying minimum side yard and rear yard regulations, and for the purposes of
calculating the maximum floor space ratio for office."
PASSED at the Council Chambers in the City of Kitchener this
day of , 2006.
Mayor
Clerk
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