HomeMy WebLinkAboutDTS-08-146 - Zone Change Application - ZC08/04/K/JVW, 4326 & 4370 King Street East1
KITCH~R
Development &
Technical Services
REPORT
Report To: Development and Technical Services Committee
Date of Meeting: September 29, 2008
Submitted By: Jeff Willmer, Director of Planning (519-141 2325}
Prepared By: Jason Malfara, Student Plannerl Juliane von Westerholt,
Senior Planner (519-141-2716)
Ward(s~ Involved: Fairway-Gateway -Councillor John Gazzola
Date of Report: September 15, 2008
Report No.: DTS-08-146
Subject: ZONE CHANGE APPLICATION - ZC081041KIJVW
4326 & 4370 KING STREET EAST
GPM MANAGED INVESTMENTS
RECOMMENDATION:
That Zone Change Application ZC081041KIJVw for the purpose of changing the zoning
from Arterial Commercial ~C-6}with Special Use Provision 6U X4370 King Street East} and
Arterial Commercial ~C-6} X4326 King Street East} to Commercial Campus (C-8} with
Special Regulation Provision 449 on lands legally described as, Part of Lots 8 and 9,
Beasley's Broken Front Concession, Plan 58R-12238, municipally known as 4326 King
Street East (formerly Flooring & Flooring} in the City of Kitchener, and Part of Lots 8 and
9, Beasley's Broken Front Concession, Plan 58R-4991, municipally known as 4310 King
Street East currently McDonalds} in the City of Kitchener be a roved in the form shown
in the "Proposed By-law" dated September 15, 2008 and attached to Report DTS-08-146.
BACKGROUND:
The first subject property, 4326 King Street East, is located north of the King Street East and
Sportsworld Drive intersection across from The Brick retailer, and is zoned as Arterial
Commercial (C-6). The second subject property, 4370 King Street East, is located directly on
the northwest corner of the King Street East and Sportsworld Drive intersection, and is zoned as
Arterial Commercial (C-6) with a Special Regulation provision 6U. The applicant is proposing to
rezone both subject properties from Arterial Commercial (C-6) and Arterial Commercial (C-6)
with Special Use Provision 6U to Commercial Campus (C-8) with Special Regulation Provision
4498. A Special Regulation Provision (SRP 449) has been requested to allow fora 0 metre side
yard along both westerly property limits. if approved, the subject lands will then have the same
zoning as the balance of the lands known as the former Sportsworld site, which when fully
redeveloped, will have a variety of commercial, off ce, and retail uses.
REPORT:
1. Planning Comments
The surrounding properties consist predominantly of commercial uses, mainly along King Street
East and Sportsworld Drive. Other uses in the surrounding area include a residential subdivision
and an institutional facility to the west of the subject properties, as well as public space and
business park uses to the east. The built form and uses of the surrounding area support
commercial development. However, the existing Arterial Commercial (C-6} zone does not permit
retail uses, which is the intended use of both properties. Rezoning these properties to
Commercial Campus (C-8) with Special Regulation Provision 449R would allow for retail uses
as well as many other commercial uses to add to the overall mixed-use character of the
Sportsworld redevelopment.
Commercial Campuses, as defined in the City's Official Plan, are large concentrations of
commercial and entertainment uses that are planned to function as a unit and are intended to
accommodate large retail uses in a campus environment consisting of individual buildings or
plaza groupings. Commercial Campuses have acity-wide or a regional orientation and are
located near or adjacent to the provincial highway system. A high level of urban design shall be
expected within Commercial Campuses, including high quality aesthetics and pedestrian-
friendlyenvironments. This zone change would conform with the City's Official Plan.
2. Property Owner Comments
A circulation period was provided to allow for property owners to submit commenting forms to
the City. No concerns with the proposed zone change were identified.
3. DepartmentlAgency Comments
The application was circulated to all applicable agencies and internal departments. The results
are as follows:
City Departments
Internally, Transportation Planning, Heritage Planning, Building Division, Engineering, and Long
Range and Policy Planning staff had no concerns with the subject application,
City of Cambridge
No comments have been received to date.
Region of Waterloo
Regional staff comments indicated that both subject properties are identified as suspected sites
in the Region's contaminated sites database. Normally, a Record of Site Condition RSC} would
be required, however, Regional staff determined that no information was found to indicate a
health concern, and no significant purpose would be served by the completion of an RSC for the
subject properties. As a result, the Commissioner of Planning, Housing, and Community
Services, in consultation with the Regional Solicitor, waived the requirement for the completion
of an RSC, as given authority by Regional Delegation By-law 01-28,
Other Agencies
The Ministry of Transportation (MTV}, The Grand River Conservation Authority (GRCA}, and
The Waterloo Regional District School Board (WRDSB} have no concerns or comments
regarding this application.
FINANCIAL IMPLICATIONS:
No new or additional capital budget requests are associated with this recommendation.
CaMMUNICATIONS:
Circulation of the application was undertaken on May 7th, 2008, to all relevant
departmentslagencies and all property owners within 120 metres of the site. A public meeting is
to be held on September 29tH, 2008, and was advertised in the KW Record on September 5th,
2008.
coNC~usloN;
In summary, the Department of Development and Technical Services recommends that Zone
Change Application ZC081041KIJWV for the purpose of changing the zoning from Arterial
Commercial (C-6}, and Arterial Commercial ~C-6} with Special Use Provision 6U to Commercial
Campus ~C-8} with Special Regulation Provision 449R on the subject lands be approved.
J on alfara
tudent Planner
Y ~.
V ~~
J liane van vVesterholt, BES, MCIP, RPP
enior Planner
Attachments:
Proposed Zoning By-law
Map of Subject Properties
Newspaper Advertisement
Della Ross, MA, M I P, RPP
Manager of Development Review
J er, MCIP, RPP
Director of Planning
Appendix A -- DepartmentlAgency Comments
PROPOSED BY-LAW
September 15, 2048
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
I nvestments I nc. --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. Schedule 289 of Appendix "A" to By-law 85-1 is hereby amended by designating as
Commercial Campus Zone (C-8) with Special Regulation 449R instead of Arterial
Commercial Zone (C-6) and Arterial Commercial Zone (C-6) with Special Use Provision 6U,
the parcels of land described as Part of Lot 8, Beasley's Broken Front Concession being
Parts 1 to 5 inclusive on Reference Plan 58R-4991, and Part of Lot 9, Beasley's Broken
Front Concession being Part 1 on Reference Plan 58R-12238, in the City of Kitchener.
These lands are shown on Map No.1 attached hereto.
2. Schedule 289 of Appendix "A" to By-law 85-1 is hereby further amended by incorporating
additional zone boundaries as shown on Map No.1 hereto.
3. Appendix "D" to By-law 85-1 is hereby amended by adding to the first paragraph of section
449 the following properties:
"Part of Lot 8, Beasley's Broken Front Concession being Parts 1 to 5 inclusive on Reference
Plan 58R-4991 (4310 King Street East), and Part of Lot 9, Beasley's Broken Front
Concession being Part 1 on Reference Plan 58R-12238 (4318-4326 King Street East}".
PASSED at the Council Chambers in the City of Kitchener this
day of , A.D. 2008.
Mayor
Clerk
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Councillor John Gazzola
Fairview Gateway Ward
Advertised in The Record on September 5th, 2008
CITY OF KITCHENER
COMMITTEE OF COUNCIL DEALING WITH PLANNING MATTERS
Invites
PROPERTY OWNERS AND INTERESTED PARTIES
To attend a
PUBLIC MEETING
TO DISCUSS A
PROPOSED ZONING BY-LAW
UNDER SECTION 34 OF THE PLANNING ACT
4310 and 432fi Kinq Street East
An application to rezone the subject lands from Arterial Commercial (C-6~ to Campus
Commercial (C-8~ and Special Regulation 449. The purpose of the zoning by-law amendment is
to bring the zoning on these lands into conformity with the balance of the lands, which are
currently zoned Campus Commercial (C-8) and Special Regulation 449. The Special Regulation
allows 0 metres minimum front and side yards abutting a street, maximum gross leasable
commercial space for a single outlet of 6100 square metres and recognizes that zoning
conformity is not based on internal lot lines, but rather on the whole site and the external lot
lines of the site.
The public meeting will be held by the City's DEVELOPMENT AND TECHNICAL SERVICES
COMMITTEE, a Committee of Council which deals with Planning Matters on September 29~~,
2008 at 1:40 P.M. IN THE COUNCIL CHAMBERS, 2ND FLOOR, CITY HALL, 200 KING
STREET WEST, KITCHENER.
Any persons may attend the Public Meeting and make written andlor verbal representation
either in support of or in opposition to the proposed Zoning By-law Amendment. If a person or
public body does not make oral submissions at this public meeting or make written
submissions to the City prior to the approval of the Zoning By-law, the Ontario Municipal
Board may dismiss a subsequent appeal.
ADDITIONAL INFORMATION relating to the proposed Zoning By-law is available for inspection
between 8:30 a.m. and 5:00 p.m, at the Development and Technical Services Department,
Plannin Division, 6~h Floor, City Hall, 20Q King Street West, Kitchener.
g
Juliane von Westerholt, Senior Planner, MCIP, RPP Phone No. 141-2116, (TTY-TDD -- 741
2385), juliane.vonwesterholt@kitchener.ca
ragelo~l
Juliane vonWeste~holt
From: Barbara Steiner
Sent: Tuesday, May 06, 200810:39 AM
To: Juliane vonWesterhoit
• RE: Circulation for Comment -Zone Change Application X4370 & 4326 King St. E.}
Subject.
ncerris from a natural environmental perspective-neither GRCA nor Region should have any
~bvrously no co
from that perspective either.
From: Christine Kompter
Sent, Monday, May 05, 2008 2:59 PM ~ p e; Carole Hunt• Della
To: Alain Pinard• Andrew Pinneli; Barbara Sterner; Brandon Sloan; Brian Bateman, Brlan ag , ,
• Willmer• Joanne Sutherland; Juliane vonWesterholt; Katie Anderl; Lenore Ross; Leon Bensason; Asa
Ross, Jeff
• ichele Brubacher; Michelle Wade; Sandro Bassanese; Sheryl Rice; Tina MaloneWright
Thompson, M 4370 & 432fi Kln St. E•}
Subject; Circulation for Comment -Zone Change Application ~ 9
fink - S:1Plannin DivisionlZonin~g AdministrationlZone Changes`C~rculation -Zone Change -
Pleasesee _..~....~~9....-~---- ~--~ -----
Kin St. E. Comments or questions should be directed to Juliane von Westerholt at 519
Ap. Ilcation14370 & 4326 _J.g
741-2668 or 'ul~,.iane.yonwesterholt kitchener.ca.
Chribt'~•n.Pi Kavvt~tP.f'
Administrative Assistant
City of Kitchener -Planning Division
200 King StreetWest~ 6th floor
P.o. Box 1118
Kitchener ON N2G 4G7
Phone:519-741.2425 ,..
fax: 519-T41-2624
TTY: 519-141-2385
E-mail: christ~ne.komptet~lcitchener.ca
Visit our website at htt :1Jwww.lcitchener.cal tannin ,htm.
91212008
Page 1 of 2
Juliane vonWesterholt
From: Samantha Lawson jslawson@grandriver.ca]
Sent: Monday, May 05, 2008 4:49 PM
To: Juliane vonWesterholt
Cc: Christine Kompter
Subject: RE: Circulation for Comment -Zone Change Application (4310 & 4326 King St. E.}
:Hi Jt~li.ane,
Tho above noted application is outside the regulated area of the GRCA; therefore, we have no concerns ~ti~ith the
approval of this applica~ti.on,,
Thanks,
Samantha Lawson
Resource Planner
Grand River Conservation Authority
tel: 519-b21-2743 x2307
fax: 519-b21-4945
www.~randrv~r.ca
Please consider the environment before printing this a-mail or its attachments)
From: Christine.Kompter@kitchener.ca [mallto:Christine.Kompter@kitchener.ca~
Sent: Monday, May o5, 2008 2:59 PM
To: daniel.ste#fler@be!l.ca; rowcentre@bell.ca; nicholas.muza@bell.ca; Binu.Korah@kitchener.ca;
Dan.Ritz@kitchener.ca; Nancy Davy; Samantha Lawson; Shari Muscat; Greg.Reitzei@kitchener,ca;
laura.giunta@hydroone.com; )ohn.McBride@kitchener.ca; )oyce.Evans@kitchener.ca; Kathy.Weiss@kitchener.ca;
Ken.Mayer@kitchener.ca; bmckague@kwhydro.on.ca; Lesley.MacDonald@kitchener.ca; Mayor'sOffice-
Admin@kitchener.ca; Mike.Seiling@kitchener.ca; David.Secord@ontario.ca; Peter.Wetherup@kitchener.ca;
mbrenna@region.waterloo.on.ca; cijohn@region.waterloo.on.ca; maneil@region.waterloo.on.ca;
Rob.Browning@kitchener.ca; Robert.Morgan@kitchener.ca; lindsay.reinhardt@wcdsb.ca;
shawn_callon@wrdsb.on.ca
Subject: Circulation for Comment -Zone Change Application (4370 & 432fi King St. E.}
Please see attached. Comments or questions should be d'+rected to Juliane von Westerholt at 519-741-2668 or
juliane.vonwesterholtCa~kitchener.ca.
CYwi~tw~,e. Kovv~ter
Administrative Assistant
City of Kitchener -Planning Division
200 King Street West, 6th Floor
P.o. 8ax 1118
Kitchener ON N2G 4G7
Phone: 519.741-2425
Fax: 519.741.2624
TTY: 519.741-2385
E-mail: ~hristine.kompter a~ikitchener.ca
9/2/2008
Ministry of Transportation Ministers des Transports ~
' ie
e
d •
tce
Engineering ott
Planning and Design Section
Southwestern Region n
u g
Bureau
Section de planification et de conception
Region du Sud-ouest ~
r
659 Exeter Road 659, chemin Exeter
Landon, Ontario N6E 1 L3 London (Ontario} N6E 1 L3
Telephone: (519} 873.4550 .Telephone: X519} 873-4550
Facsimile: (519} 873-4600
..._ •...
Telecopieur: (519) 873-4600 ....... ,.._..,.._....._ ..._.._._
~c~~~ o ~.zo~
May 28, 2008 p ay'&TEC~ca~s~av~o~r.
e au~a+
City of Kitchener
Development and Technical Services Department
City Hall, P.G. Box 1 ~ 18
200 King St. W.
Kitchener, Ontario
N2G 4Gl
Attn: Juliane von Westerholt
Senior Planner
RE: Applicant: GPM Managed Investments Inc.,
Submission No.: ZC 081041KIJVVII
4370 and 4326 King Street East.
Regional Municipality of Waterloo
City of Kitchener -Highway 8
' ' raps ortation MTO has completed a review of the above noted amendment. The
The Mlnlstry of T p ~ ~
ment has been considered in accordance with the requirements of ministry highway access
amend
control olicies and the Public Transportation and Highway Improvement Act.
p
MTO have no concerns with the above-noted zone change.
i to receivin a co of our Council`s decision on this application for our records.
vVe would apprec a g Py Y
Should y~ave any questions, please contact our office.
Joh Morfiisey~
R Tonal Development Review Coordinator
Planning and Design Section
Southwestern Region, London
c. K. Boudreau, Field Services Engineer -Operational Services London
I'IAY~Gd'GVVO 1V ~ V~
Ministry of Transportation
Engineering Office
Planning ar~d Design Section
Southwestern Region
fi59 Exeter Road
London, pncario N6E 1 L3
Telephone: (519) 873550
Facsimile: (519} 8734fi00
Mayes, 2oas
City of Kitchener
Development and Technical Services ~epartme
City Hall, P.O.6ox ~ 1 ~ 8
200 King St. W.
Kitchener, Ontario
N2G 4G7
Attn: Ju~iane von vVesterhoh
Senior Planner
RE: Applicant: GPM Managed Investments Inc.,
Submission No.: ZC 0~1~41KIJ1Ml
4374 and 432fi King Street East,
Regional MuniWpality of Waterloo
City of Kitchener • Highway 8
Th Minist of Trans ortation MTO has completed a review of the above noted amendment. The
e ry p { ~ .
amendment has been considered ~n accordance with the requirements of ministry highway access
control policies and the Public Transportation and Highway Improvement Act.
MTO have no concerns with the above-noted zone change.
Ida reciate receivin a co o~ our Council's decision on this application for our records.
We wou pp g py Y
Should yo~,have~ny questions, please contact our otfce,
'/
J n Morri y
Regional Development Review Coordinator
Planning and Design Section
Southwestern Region, London
J1J v~~ Yuvv
Minist~re des Transports
Bureau du genie
Sadion de plani~icatian et de conception
R~gior~ du Sud-4uest
859, o~emils Exeter
London (ontar'o) N6E ~ L3
T~t~phone: (519) 8734550
T~I~copieu r. (5~ 9) ~T3~600
raj
~r" Ontario
~IAY~ 2~ 8 Z00~
atEC~u~uca~.s~v~cESO~r.
~nx~~
c. K. Boudreau, Field Services Engineer • Operational Services London
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Deve~oyment & Kitchener, ON N2G 4Gl
T~chn~calSFrvices
Date: June 2, 2408
To: Nick Gollan -Engineering development
I"rom: Steven Allen, P. Eng.
cc:
Sub'ect: Zone Change Application ZC 081o41K1JUVV
~ 43?0 and 4326 Kin Street East
9
GPM Managed investments inc.
I have reviewed the above noted zone change application and note that the following.
The application proposes to rezone both properties to a different class of commercial than the current zoning
which would not affect the theoretical flows to the sanitary sewer,
1310 King Street East is adjacent to a sanitary sewer on King Street and Sportsworld Drive that discharges to
the City of Cambridge and is part of a cross•border agreement. Any changes to the zoning and future
development should be reviewed by the City of Cambridge prior to City of Kitchener approval.
4326 is adjacent to two sanitary sewers, one discharging to the City of Kitchener, one discharging to the City of
Carnbrid e. The destination of this sanitary service should be confirmed and, any changes to zoning reviewed
9 .
with the City of Cambridge if required.
There are no City of Kitchener capacity concerns related to this zone change application.
Sincerely,
Steven R. Allen, P. Eng.
~ Design and Construction Engineer
rage ~ of 1
Juliane vonWesterholt
From: Alain Pinard
Sent: Thursday, June 05, 2008 4:15 PM
To: Juliane vonWesterholt
ub'ect: Zone Chan a Application ZC a81041KIJVW, 4370 & 4326 King Street East, GPM Managed
S ~ 9
Investments Inc.
Juliane, bove-
n eand Polic Plannin Section does not have any concerns with the a
The long Rag Y g.
' m nts re ardin Environmental and Heritage issues will be provided
noted application. Gom e g g
under separate covers if applicable.
Alain Pinard, MA, MCIP, RPP
Manager, Long Range and Po{icy Panning
City of Kitchener
P.d. Box 1118
Kitchener, Ontario N2G 4G7
519-741-2319
main. inardC~kitchener.cn
9I212~08
Page ~ of 1
Jui~ane vonWesterholt
From:. Michelle Wade
Sent: Monday, May 05, 2008 3:59 PM
To: Juliane vonWesterholt
Subject: FW: Circulation for Comment -Zone Change Application (4370 & 4326 King St. E.~
Juliane,
Heritage Planning staff have no concerns with the proposed application.
Michelle
Michelle Wade, BES
Heritage Planner
Development and Technical Services Department
Planning Division
P. 519.741.2839
F. 519.741.2624
michelle.wade@kitchener.ca
From; Christine Kompter
Sent: Monday, May 05, 2008 2:59 PM
To: Alain Pinard; Andrew Pinnell; Barbara Steiner; Brandon Sloan; Brian Bateman; Brian Page; Carole Hunt; Della
Ross; Jeff vilillmer; Joanne Sutherland; Juliane vonWesterhoit; Katie Anderl; Lenore Ross; Leon Bensason; Lisa
Thompson; Michele Brubacher; Michelle Wade; Sandro Bassanese; Sheryl Rice; Tina MaloneWright
Subject: Circulation for Comment - Zane:Change Application (4310 & 4326 King St. E.~
Please see link - S:\Planning DivisionlZonin_g Administration~Zone Changes\Circulation -Zone Chance
A~plication14370 & 4326 King St. E. Comments or questions should be directed to Juliane von Westerholt at 519-
741-2668 or juliane.vonwesterholtCa.kitchener.ca.
CYwibtw~ Ko~m~~er
Administrative Assistant
City of Kitchener - Planning Oivisian
20g King Street West, 6th Floor
P.o. Box 1118
Kitchener ON N1G 4G7
Phone: 519•T41.2425
Fax: 519.141.2fi24
TTY: 519.741-2385
Email: christine~kam~tera kitchener.ca
Visit our website at htt :Ilv+rww.kitchener.c 1 Ian in .htm.
9/2/2008
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Region o~ Waterloo
PLANNING, HOUSING AND
. _ _ . _ COMMUNITY SERVICES
RECE~~~F~` I
JUL 2 i. 2008
~~~ g~~Hi~~Ci~ s~Klfi~c~ ~1t1~•
~ ` 6~11EERI~G S~~l1CE~__•__..~..-r
Jeff Willmer
Development & Technical Services Department
Planning
City of Kitchener
City Hall P.O. Box 1118
200 King St. West
Kitchener, ON
Dear Mr. Willmer:
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l~~~l:lr~~~~~ 13i Ik~~l'liy;~;~i ~ ~,~C ~~CPf.
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PL'~~aPJ!~,~',~1' Qllll~E~~~'J
Re: Record of Site Condition
Zone Change Application ZCO8l041KIJVM
4310 & 4326 King St, East
GPM Managed Investments Inc.
CITY OF KITCHENER
Re Tonal staff comments of May 28, 2008 identified in accordance with the Region's protocol
9
dealin with site contamination and development, the subject property; 4310 King St. is
• 9 ~ s ected. Furthermore, the adjacent
~dent~f~ed in the Region s contaminated saes database as su p ~
arcel bein 433fi Kin St. is also identified as suspected. As a result, a Record of Site
p 9 g
Condition was required for both 431o and 4326 King St. East.
The Re ion's "Protocol For The Review Of Development Applications On Or Adjacent To
9
Lands Which Are Known, Suspected Or Potentially Contaminated" outlines that where a zoning
b -law amendment would change the permitted use of land located on or adjacent to a
Y
otentiall ,sus ected or known contaminated site, ar permit the establishment of a sensitive
p y p ' n of a Record of Site
land use on or adjacent to a potentially contaminated site, the complet~o
Condition RSC is required prior to adoption of the zoning by-law amendments by the Local
( 3
Municipality.
Re Tonal Dele ation B -law 01-28 gives authority to the Commissioner of Planning, Housing
g g • y ~ ~ ' ' 've the re u~rement
and Community Services, m consultation with the Regional Sol~ator, to wai q
for the cam letion of an RSC if, in the opinion of the Commissioner, no significant purpose
P
would be served by the completion of an RSC due to the nature of the application.
With res ect to the sub•ect property, as similar uses to what is currently permitted are being
P 1
added and Re Tonal staff have no specific information that would indicate this is a health
9
concern. Followin further review and consultation with the Regional Solicitor, ~t was concluded
g
15Q Frederick Street, 8th Fiaar
Kitchener ON Canada N26 4J3
telephone: 519-575.4533
Fax: 519-515-4449
uvww,region,waterloo.on,ca
Craig Hockaday 5?5-4141 ext 3120
File: C14-60 2108004
July 24, 2008
Dacs 5098fi?
.. ~ n of an RSC and it is appropriate
i nif scant ur ose would be served by the complet~o
that no s g p P ~~ ci~c a l~cat~on.
to waive the requirement for an RSC ~n th1s spe Pp
' to contact Craig Hockaday, Principal
Id ou have any questions, please do not hesitate
Shou y
Planner, at 519-515-4757 ext. 3120.
Yours truly,
Rob Horne, MA, MGIP, RPP
Commissioner of Planning, Housing and
Community Services
cc. Paul Britton, MHBC Planning .
Juliane von Westerholt, City of Kitchener
Dacs 509867