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Home My WebLink AboutDTS-07-079 - Zone Change Application ZC 06/23/O/BS, 795 Ottawa Street Southii ID ~_ ~... .~ REPORT Report To: Development & Technical Services Committee Date of Meeting: June 18, 2007 Submitted By: Jeff Willmer, Director of Planning (519-741-2325) Prepared By: Katie Anderl, Planner (519-741-2987) Ward(s) Involved: Ward 3 -South Ward Date of Report: May 16, 2007 Report No.: DTS 07-079 Subject: ZONE CHANGE APPLICATION ZC 06/2310/BS 795 OTTAWA STREET SOUTH 795 OTTAWA STREET DEVELOPMENTS INC. RECOMMENDATION: That Zone Change Application ZC 06/23/0/BS for the purpose of changing the zoning from Arterial Commercial Zone ~C-6) with Special Use Provision 16U to Commercial Campus Zone ~C-8) with Special Regulation Provision 462R to permit retail uses less than 1500 m2 on lands legally described as Lot 1, Registered Plan 1358 and Part Lot 2, Registered Plan 1027, designated as Parts 1, 2, 3 and 5 on Reference Plan 58R-900 X795 Ottawa Street South), be a roved in a form shown in the attached "Proposed By-law" dated May 4, 2007, without conditions. 1 BACKGROUND: The subject property is owned by 795 Ottawa Street Developments Inc. and is located on the southwest corner of Ottawa Street South and Strasburg Road. The subject property is currently being developed with a commercial plaza containing a gas station with a car wash, a restaurant with adrive-thru, and three commercial buildings, arranged in a plaza configuration, ranging in size from 488 m2 to 1,052 m2. The land is designated Planned Commercial Campus and is currently zoned Arterial Commercial Zone ~C-6), which permits uses including: carwash, gas station, restaurant, convenience retail, financial establishment, health office or clinic, personal services, office, and veterinary services, with Special Use Provision 16U, which permits the sale and rental of sporting goods. REPORT: 1. Planning Comments The Planning Division received an application to add a Special Use Provision to permit retail in the existing zone. Planning staff have considered this application and in consultation with the applicant, feel that while retail is an appropriate use for the lands, it would be more appropriate to rezone the property to Commercial Campus Zone (C-8) in order to bring the zoning into compliance with the Municipal Plan Designation of Planned Commercial Campus. The Commercial Campus Zone permits retail uses, but requires that retail establishments have a minimum gross floor area of 1,500 m2. Due to the small size of the site, staff recommend that Special Regulation Provision 462R be added to permit retail uses with a gross floor area less than 1,500 m2. The proposed C-8 zone permits very similar uses to the current C-6 zone, with the addition of retail, conference centre, exhibition facility, research and development establishment, and scientific, technological or communications establishment. The proposed Commercial Campus Zone (C-8} will bring the zoning of the subject lands into conformity with the Municipal Plan's Land Use Designation of Planned Commercial Campus. The Planned Commercial Campus designation accommodates commercial uses in a campus environment and can consist of individual buildings and plaza groupings. The land use designation permits a full range of retail uses larger than 1,500 m2 and permits a certain amount of small retail establishments based on factors such as the overall gross floor area, lot size and lot configuration. The proposed by-law conforms with the Municipal Plan policies. There are several large retail uses established in the nearby Laurentian Power Centre, therefore staff feel that additional smaller retail is appropriate for the development of this area. Additionally, the subject property is only 17,708 m2 and has a Gross Floor Area of only 2,760 m2. This Gross Floor Area consists of a gas station with a carwash, (constructed and is in operation}, a restaurant with adrive-thru (in operation}, and three buildings arranged in a plaza configuration currently under construction). According to the Approved Site Plan, the plaza buildings have Floor Areas of 1,052 m2, 488 m2 and 587 m2. Staff anticipate that future retail uses would be located in the plaza buildings. In staff opinion, due to the small lot size and the existing building configuration, it would be difficult to develop the subject lands with retail units larger than 1,500 m2. In planning staff's opinion, the proposed zone change is considered compatible with surrounding uses and is appropriate for the future development of the lands. The proposed zone change is consistent with the 2005 Provincial Policy Statement, conforms with the 2006 Growth Plan for the Greater Golden Horseshoe, and conforms with the 1998 Regional Official Policies Plan. 2 2. Property Owner Comments. No comments were received. 3. DepartmentlAgency Comments There were no concerns of objections to this application from any departments or agencies. The Region of Waterloo has recognized that the site is in proximity to former municipal and private landfills and has indicated that the site is adjacent to properties with potential and known contamination. Usually, in such circumstances the Region would require the owner to complete a Record of Site Condition prior to the adoption of the zoning by-law amendment. However, the purpose of this zone change is to add additional retail and commercial uses, which are not more sensitive than those permitted by the current zoning. Therefore, based on the review of the uses, and in consultation with the Region's Solicitor, the Commissioner of Planning, Housing and Community Services feels that no significant purpose would be served by the completion of a RSC, and has waived the requirement for the completion of a RSC forthis specific application. FINANCIAL IMPLICATIONS: No capital expenditures required as part of the zone change on these specified lands. COMMUNICATIONS: Preliminary circulation of the zone change application was undertaken on September 26, 2006 to all departmentslagencies and to all property owners within 120 metres of the subject lands. As a result of the preliminary circulation, staff did not receive any responses from neighbouring property owners. Notice of the June 18, 2007 public meeting of the Development and Technical Services Committee will be advertised in The Record on May 25, 2007. A copy of the advertisement is attached . CONCLUSION: In summary, the Department of Development and Technical Services recommends that Zone Change Application ZC06/23/0/BS be approved in the form shown in the Proposed By-law. Katie Anderl, BES Planner Jeff Willmer, RPP, MCIP Director of Planning List of Attachments: Appendix "A" -Approved Site Plan Appendix "B" -Proposed By-law dated May 4, 2007 Appendix "C" -Newspaper Ad Appendix "D" -Circulation Letter and Agency Responses Della Ross, MA, MCIP Manager of Development Review 3 IIIIIIII ~ / m O ~ U ~ J ~ ,~ o ~ X ~ N ~ •, O Z U~ ~ .~ Oc~WO azoa (n m UONZ ~-cn_O O Z w ~0~~ ~ Z ~~ ~ ~ a~ ~ ~ ww O~ JW Z ~ ~ OZ WW ~ Z (~ ~ ~ Q Lw ~ J~Q~ Q ~ JWNN OZ ~Q~Q ~; ~ azjJ NoZ N o ~ ~ ~w ~UWU W~ ~ ~Na~WwW~O fn z ~ ~U ~~~a zo m wzQ~zz~~X ~ a O ~ j O ~ S~ W (n0(A ~~ ~ U ~~~~~ J ~=U= w~- Z OQJ~YWJJJ W ~ aQa ao ~ Q?~ W °~ r Q ~ ~ N ~J ~a o ~ ~ z w . ~ ~ ~ ~ZXN Qw~Qaazzz NO V o U ~Z ~ ~JZW ~U~WU~~~~ WZ W~ JZ--- ~ J ~ J ~ = ~W ~ ~Z U ~ W~a= ~wOw~awww ~ Q o O 0 m z=QU QcnU~aO~~~ ~ (Of`o0n1~Nc~~(0 W ~ OU~_ ~~~~~~~~~ cn NcnOY UUU~aa~~~ (~ ~ ~ ~Z ,. t0 N `` `~ ~ F, U ~ ~~. ~, ~~ w- ~ ~ ~ ~5 , ~ ' ~ W ~ ~ ~~ M ; ~ tf`F ~ s;a w~ ~1~ ~ ',~` ~~ I `~~ 0 ,.~~. m k ~ ~ ~ ~/ W ~ ~ C A I "~ ~ ~ h t f ~`t ~ 6~' ~ (`fi ~z ~ " ` ~`r O ~ 1~^"~ t l_' 7 V y ~ ~~/ ~ ~, 1" N a ~~ I I ~ ~ % X .Y t.` /~ - ?~~ 1 _~ ~~ ~, et'e ~ ~/~ f YV Yi } t r!~ U N r ~~~~ ~ ~: M ~' .,.,j f ~ ~~ ~ ~ ~ ~ W O N j., ~ . ~ ~ ~ ~ O ., :~ M ,~ ~ ~ ,~'~ ~ W O ~ f~ ,~' .~, f ~~ ~~ °'~ ~ ~ N ~ ~ ~ Q . . ,r ~~ .r f,. ~p ~ ~~ ~N ^~ ~ J ' Q U ~ . . Q ~ v ~ '~` U~~~ ' ~' .°' t ., ~~ :, ., ,. `' f~~1 '~ ~~ "~ /J `~ '•l ` ~P ~ ~ 'n ~` U Z - V i ~ ~ ~~ ,,~` 9~~ a1nA~~l~S ` f~,. ~~~ ,~,~~n~N~w 8~~ alnpau~S - ..~ ~t,~., ~ ~ ~ ~~~~ ~ w ~ ~ ~P 68 a,.pau~S 06 a1nAa~l~S ~ ,: ~ a ~ ~ I ~f: 0 w > W ~ ~ ~ ~, N I ~ D ~ ~ ~ ~~ ~ I ~ ` a w w I ~ ~~ a ~ ~ ,.w. ~ ~ ~ ~~ I ~ Q ~ Q ~ , ~~ ~ ~ I ~ O ~ O O R I ~ w ~ ~ PROPOSED BY-LAW May 4, 2007 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 - 795 Ottawa Street South Developments Inc. -Ottawa Street South) 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 Nos. 89, 90, 115 and 116 of Appendix "A" to By-law Number 85-1 are hereby amended by designating as Commercial Campus Zone (C-8) with Special Regulation Provision 462R, instead of Arterial Commercial Zone (C-6} with Special Use Provision 16U, the parcel of land described as Lot 1, Registered Plan 1358 and Part Lot 2, Registered Plan 1027, designated as Parts 1, 2, 3 and 5 on Reference Plan 58R-900. These lands are shown on Map No. 1 attached hereto. 2. Appendix "C" to By-law 85-1 is hereby amended by deleting section 16 therefrom. 3. Appendix "D" to By-law 85-1 is hereby amended by adding section 462 thereto as follows: "462. Notwithstanding Section 13A.2 of this By-law, within lands zoned C-8 on Schedule Nos. 89, 90, 115 and 116 of Appendix "A" and described as Lot 1, Registered Plan 1358 and Part Lot 2, Registered Plan 1027, designated as Parts 1, 2, 3 and 5 on Reference Plan 58R-900, there shall be no minimum gross floor area for any individual retail outlet." PASSED at the Council Chambers in the City of Kitchener this day of 2007. Mayor Clerk