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HomeMy WebLinkAboutDTS-08-123 - Zone Change Application ZC08/06/F/LT, 1188 Fischer Hallman RoadDate of Meeting: Submitted By: Prepared By: Ward(s) Involved: Date of Report: Report No.: Subject: September 8, 2008 Jeff Willmer, Director of Planning (741-2325) Lisa Thompson, Planning Technician (741-2847) Ward 4 August 22, 2008 DTS-08-123 ZONE CHANGE APPLICATION ZC08/06/F/LT 1188 FISCHER HALLMAN ROAD MAX BECKER ENTERPRISES LIMITED RECOMMENDATION: 1. That the "Williamsburg Town Centre -South East Block" Urban Design Brief dated June 2008, attached to Report DTS-08-123 be adopted to provide the general basis for site plan development approvals; and further 2. That Zone Change Application ZC08/06/FlLT X1188 Fischer Hallman Road -Max Becker Enterprises Limited} for the purpose of changing the zoning from Community Institutional Zone (I-2} to Neighbourhood Shopping Centre Zone ~C-2} with Special Use Provision 3770 and Special Regulation Provision 480R on lands legally described as Block 1, Registered Plan 58M-234 in the City of Kitchener, be approved in the form as shown in the "Proposed By- law"dated August 8, 2008 attached to Report DTS-08-123 without conditions. 1 Development and Technical Services Committee BACKGROUND: The subject property is located on the southeast corner of the Fischer Hallman Road and Westmount Road intersection. The property is part of the Williamsburg Town Centre development in the south end of Kitchener. Williamsburg Town Centre is a mixed use node consisting of recreational facilities, services, shopping and employment opportunities. The subject parcel is the final corner of the node to be developed. The Town Centre is surrounded by low, medium and high density residential uses. Part of the subject lands were previously the Westmount Road right-of-way, however due to the realignment of Westmount Road and Fischer Hallman Road this parcel became redundant and is now developable. The applicant has applied for a zone change on the subject property to permit a mixed use development. Proposed uses of the subject lands include a financial establishment, retail, restaurant and office uses. Any development of the lands will be subject to site plan control under Section 41 of The Planning Act. In order to ensure the Official Plan policies of the Mixed Use Node designation are implemented through the zone change, the Applicant has worked with Planning staff to prepare an urban Design Brief as required by Section 4.7 of the Official Plan. The Design Brief demonstrates the City's design and development expectations for the Williamsburg Town Centre -South East Block. The Design Brief builds on the policies of the Mixed use Node designation of the Official Plan and provides specific guidelines relating to massing and design considerations, the public realm, compatibility with surrounding uses, safe pedestrian movement and connectivity with the surrounding neighbourhood. The Design Brief will provide general direction for site development and may be further refined through the site plan approval process and detailed working drawings. The intent of the site specific Design Brief is to address several site development matters such as building placement and massing, site access and circulation, parking areas, landscaping and buffering with the primary purpose to attain compatibility between commercial and residential development. The Urban Design Brief is to be adopted by Council and implemented through the Site Plan process. The Design Brief has taken into consideration the comments received from property owners through the zone change circulation. REPORT: Planning Comments: The applicant is proposing to change the zoning from Community Institutional Zone ~I-2) to Neighbourhood Shopping Centre Zone (C-2) with Special use Provision 3770 to prohibit car wash and gas station uses, and Special Regulation Provision 4808 to implement specific regulations for outdoor patios, decks and recreational areas accessory to a restaurant; limit building height within 20.0 metres of a residential zone and to allow a maximum floor space ratio of 2.0. These site specific zoning regulations will implement the policies of the Mixed Use Node designation as outlined in the City's Official Plan but should not be construed as a prototype of the future Mixed Use Node zoning categories. The configuration of this specific parcel of land is unique and the regulations have been designed to specifically guide development on this individual property. The Mixed Use Node designation is intended to serve an inter-neighbourhood function allowing intensive, transit supportive development in a compact form. Mixed Dse Nodes are intended to permit a full range of commercial uses, including retail, neighbourhood level entertainment and free standing offices. Medium and high rise residential uses are permitted as well as the full range of institutional uses. New development is to be compatible with surrounding residential neighbourhoods and be of an appropriate height and density in relation to the adjacent low rise residential development. 2 In advance of the Mixed Use Node Zoning categories being developed, staff reviewed the Official Plan policies to develop a proposed Zoning By-law for the site which will implement the policies of the Mixed Use Node through the C-2 zoning category with use restrictions and site specific regulations. A review of the permitted uses in the C-2 zoning category was completed. The proposed zoning by-law prohibits gas station and car wash uses on the site as they do not support the Official Plan policies of the Mixed Use Node designation. Specifically, these uses are not transit supportive. Permitted uses will include retail, financial establishments, medical offices, restaurants, personal services, dwelling units, office, studio, veterinary services, churches, schools day care facilities and canine or feline grooming. All of these uses are deemed to be compatible with the surrounding low rise residential development and may serve an inter-neighbourhood function. The physical configuration of the subject lands, being long, narrow and triangular, provides unique design challenges coupled with access issues. Both Fischer Hallman and Westmount Roads are Regional roads, under the jurisdiction of the Regional Municipality of Waterloo. Access points will be located and designed to the satisfaction of the Region. Any proposed development will be subject to a traffic impact study. Height and density of development on the subject land will be controlled through site specific regulations. The maximum building height is proposed to be 12.0 metres within 20.0 metres of a residential zone. This height restriction will be compatible with the abutting low rise residential properties. Density of development is proposed at a maximum floor space ratio of 2.0. This will provide the potential for a higher density of development located out toward Fischer Hallman and Westmount Roads. The final design element to be specifically regulated is patios, decks and outdoor recreation areas accessory to a restaurant use. The proposed by-law will prohibit these accessory uses within 20.0 metres of a residential zone and not permit them to be located between any building and a residential zone. All of the above noted elements are to be specifically regulated to promote compatibility with the abutting low rise residential lands while maintaining an appropriate scale and density of development on this Mixed Use Node property. The concept site plan in the Design Brief shows an appropriate mix of uses at a scale and density suitable for the size of the land parcel. The first phase of development is proposed to be a financial establishment located close to the corner of Fischer Hallman and Westmount Roads. Pedestrian connectivity within the site and to the surrounding neighbourhoods will be designed to minimize vehicular conflicts while achieving maximum ease of movement. The design details will be addressed through the site plan process. As this property is designated as a Mixed Use Node, the site plan circulation will be a public process and be circulated to all property owners within 60 metres of the subject lands. Comments received from the circulation will be taken into consideration during the site plan approval process. Planning staff are of the opinion that the proposed zone change from Community Institutional Zone (I-2) to Neighbourhood Shopping Centre Zone (C-2) with Special Use Provision 3770 and Special Regulation Provision 4808 will create a positive and unique development opportunity for the final corner of a very prominent intersection in the south end of Kitchener. DepartmentlAgencyCommmts: City of Kitchener Policy Planning staff noted that they had concerns that the C-2 zoning proposed for the subject property did not implement the policies of the Mixed Use Node of the Official Plan. Staff have addressed their concerns through the Urban Design Brief submitted by the applicant and incorporating specific use prohibitions and regulations of the subject lands. 3 Regional Staff suggested that land use compatibility of the uses permitted in C-2 zoning may be an issue with the surrounding low rise residential lands. Again, staff have addressed this concern through specific use prohibitions and regulations for any development of the subject lands. No other concerns or objections were received. Property Owner Comments: The zone change application was circulated to all property owners within 120 metres of the subject property. Eight letters of concern/objection were received. Specific areas of concern are addressed as follows. Compatibility with Low Rise Residential Resident concerns about compatibility of uses have been addressed by prohibiting certain uses on the subject property. Specifically the proposed prohibited uses are car wash and gas station. Building height has been limited to 12.0 metres within 20.0 metres of a residential zone, which staff believes is compatible with the low rise residential properties adjacent to the site. Noise Resident concerns regarding noise from drive-through facilities will be addressed through existing regulations in Zoning By-law 85-1. A noise study is required for any drive-through facility with an intercom order station within 60.0 metres of a residential zone to the satisfaction of the Ministry of the Environment's noise levels for stationary sources of noise. As well, the proposed by-law will require a minimum separation distance of 20.0 metres from a residential zone for any patio, deck or outdoor recreation area accessory to a restaurant use. Further any patio, deck or outdoor recreation area accessory to a restaurant use shall be prohibited between any building and a residential zone. The subject property has an existing noise attenuation barrier the full length of the property line abutting the low rise residential lands which will further mitigate the impact of noise on the adjacent properties. Traffic, Site Access and Parking Resident concerns regarding traffic will be address through a traffic impact study during the site plan review process. Site access will be reviewed and approved by the Regional Municipality of Waterloo, also through the site plan review process. Adequate parking for any future development on the subject lands will be provided through the site plan approval process and the location of parking will be designed to be in compliance with the regulations of Zoning By-law 85-1. Overdevelopment ofthe Lands The subject land is designated as a Mixed Use Node in the City's Official Plan and is presently zoned for institutional development. The proposed density of development on the lands is very low at a floor space ratio of 0.6. The existing I-2 zoning of the lands allows a maximum floor space ratio of 1.0 for uses other than residential, plus a maximum density of 100 dwelling units per hectare, for a total floor space ratio of approximately 2.0. The concept site plan for the subject property is at a floor space ratio of 0.6 which is a fairly low density of development. This scale and type of development is appropriate for the subject lands within a Mixed Use Node. Parkland and Green Space The Williamsburg and Country Hills communities have ample public park space distributed throughout for the enjoyment of neighbourhood residents. Private green space and landscaping will be provided on the subject land and will be approved through the site plan approval process. 4 FINANCIAL IMPLICATIONS: No Capital expenditures are required as part of the approval or development of these lands. COMMUNICATIONS: Preliminary circulation of the zone change application was undertaken on May 15, 2008 to all property owners within 120 metres of the subject lands. Comments received from property owners are included as part of this report in Appendix `B'. Furthermore, Department/Agency Comments are included as part of this report as Appendix `A'. Notice of the September 8, 2008 public meeting of the Development and Technical Services Committee was advertised in The Record on August 15, 2008. All property owners who submitted written comments in response to the circulation have been mailed a copy of the staff report. CONCLUSION: The Development and Technical Services Department recommends that the "Williamsburg Town Centre - South East Block" Urban Design Brief be adopted by Council and further that Zone Change Application ZC08/06/F/LT be approved in the form shown in the Proposed By-law without conditions. Lisa Thompson, CPT Planning Technician JeffWillmer, MCIP, RPP Director of Planning Atta~hments~ Proposed Zoning By-law Urban Design Brief Newspaper Advertisement Appendix `A' -Department/Agency Comments Appendix `B' -Property Owner Comments Della Ross, MA, MCIP, RPP Manager of Development Review 5