HomeMy WebLinkAboutDTS-09-146 - Amend Zoning By-law 2009-103 & OPA 81-OP06/01/G/TMW-ZC06/05/G/TMW-INCC Corp-Ira Needles Blvd~~~~~~
Development &
Technical Services
REPORT T0: Development and Technical Services Committee
DATE OF MEETING: October 26, 2009
SUBMITTED BY: Jeff Willmer, Interim General Manager Development and
Technical Services (741-2599)
PREPARED BY: Tina Malone-Wright, Senior Planner (741-2765)
WARD(S) INVOLVED: Ward 6
DATE OF REPORT: October 21, 2009
REPORT NO.: DTS-09-146
SUBJECT: REVISIONS TO ZONING BY-LAW 2009-103 TO REFLECT
PROPOSED MODIFICATIONS TO OFFICIAL PLAN
AMENDMENT N0.81
OFFICIAL PLAN AMENDMENT APPLICATION
OP/06/01 /G/TMW
ZONE CHANGE APPLICATION ZC06/05/G/TMW
THE INCC CORP.
IRA NEEDLES BOULEVARD
RECOMMENDATION:
That the "Proposed By-law" (Ira Needles Boulevard, The INCC Corp.) for the purpose of
changing the zoning from Commercial Campus Zone (C-8) with Special Use Provision
390U, Special Regulation Provision 494R and Holding Provision 55H, Commercial
Campus Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R,
Special Regulation Provision 495R and Holding Provision 55H, Commercial Campus
Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R, Special
Regulation Provision 496R and Holding Provision 55H and Open Space Zone (P-2) to
Commercial Campus Zone (C-8) with revised Special Use Provision 390U, revised Special
Regulation Provision 494R, Holding Provision 55H, Holding Provision 57H and Holding
Provision 58H, Commercial Campus Zone (C-8) with revised Special Use Provision 390U,
revised Special Regulation Provision 494R, Special Regulation Provision 495R, Holding
Provision 55H, Holding Provision 57H and Holding Provision 58H, Commercial Campus
Zone (C-8) with revised Special Use Provision 390U, revised Special Regulation Provision
494R, Special Regulation Provision 496R, Holding Provision 55H, Holding Provision 57H
and Holding Provision 58H and Open Space Zone (P-2), to implement modifications to
Official Plan Amendment No. 81, be approved in the form shown in the attached
"Proposed By-law", dated October 20, 2009, attached to Report DTS-09-146 as "Appendix
B"
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BACKGROUND:
The subject property straddles the border between the City of Waterloo and the City of
Kitchener and is 35.8 hectares (88.5 acres) in area. The applicant's lands within the City of
Kitchener are approximately 18.1 hectares (44.7 acres) in area and are located just south of
University Avenue. Applications were submitted in both the City of Waterloo and the City of
Kitchener to facilitate the proposed development of the site with an integrated retail, service and
office commercial centre having a total floor space of 100,610.7 square metres (1,083,000
square feet)
On June 29, 2009, City of Kitchener Council adopted Official Plan Amendment No. 81 and
Zoning By-law 2009-103 to permit the proposed development. Official Plan Amendment No. 81
was forwarded to the Region of Waterloo for approval whereby during this process, the Region
advised that several modifications to the OPA would be required to ensure conformity with the
Market Feasibility and Impact Report and Peer Review and the Transportation Impact Study. As
a result it is necessary to amend the zoning by-law for the site to be in conformity with OPA No.
81 as it is proposed to be modified and ultimately approved by the Region of Waterloo.
The applications for an official plan amendment and zone change on the Waterloo lands were
adopted by Waterloo City Council in June of 2009. The Region of Waterloo approved Official
Plan Amendment No. 74 for the City of Waterloo lands on September 14, 2009. No appeals
were filed.
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REPORT:
Proposed Zoning By-law
Planning staff has prepared a zoning by-law that would implement Official Plan Amendment No.
81 as it is proposed to be modified and approved by the Region of Waterloo.
The following is a list of the revisions that are proposed to be made to Zoning By-Law 2009-103
which was adopted by Council on June 29, 2009.
1. The proposed by-law will have a cap on the total amount of gross floor area that can be
developed on the Kitchener lands and will provide regulations to facilitate the
development of the Kitchener lands in three phases. Phase 1 of the development will be
able to go ahead immediately subject to site plan approval while Phases 2 and 3 of the
development will be subject to Holding provisions. The Holding provisions will not be
permitted to be removed until such time as an update has been prepared to the
Transportation Impact Study and any necessary physical and financial resources are
provided to the Region and/or the City for any required Regional and/or local road
improvements. The proposed by-law will state that:
The amount of total gross floor area for all uses on the lands shall be limited to a
maximum of 49,515.7 square metres (533,000 square feet). The lands will be permitted
to develop in three phases with Phases 2 and 3 subject to Holding provisions to provide
for a review of transportation issues associated with the development.
i) Phase 1 will consist of commercial retail uses to a maximum of 32,050.5 square
metres (345,000 square feet) of retail commercial gross floor area and must
include the development of an anchor store having a maximum gross floor area
of 17,186.5 square metres. Phase 1 is not subject to any Holding provisions.
ii) Phase 2 will consist of up to an additional 6,967.7 square metres (75,000 square
feet) of gross floor area of retail and restaurant uses and is subject to a Holding
provision. Phase 1 and Phase 2 provide for a cumulative total of 39,018 square
metres (420,000 square feet) of retail commercial gross floor area on the City of
Kitchener portion of the site.
iii) Phase 3 will consist of the remainder of the cumulative total of 49,515.7 square
metres (533,000 square feet) of gross floor area permitted on the City of
Kitchener portion of the site and is subject to a Holding provision.
2. The second revision will put a cap on the amount of gross floor area devoted to large
retail stores. The amount of gross floor area devoted to retail outlets having a minimum
size of 4,645 square metres (50,000 square feet) of floor area will be limited to a
maximum of 17,186.5 square metres (185,000 square feet).
3. The amount of gross floor area devoted to individual outlets specializing in the sale of
apparel and accessories will be limited to a maximum of 9,290 square metres (100,000
square feet) regardless of the size of the retail outlet devoted to such use.
4. The amount of building floor area devoted to restaurant uses will be limited to 1,858
square metres (20,000 square feet) and drive throughs associated with restaurants will
be prohibited on the site.
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FINANCIAL IMPLICATIONS:
No capital expenditure is required as part of the approvals or development of these specific lands.
COMMUNICATIONS:
Notice of the October 26, 2009 public meeting of the Development and Technical Services
Committee was advertised in The Record on October 2, 2009. A copy of the advertisement is
attached .
CONCLUSION:
The proposed revisions to By-Law 2009-103, which was adopted by Council in June of this
year, are necessary to ensure to conformity with OPA 81 as it is proposed to be modified and
ultimately approved by the Region of Waterloo.
REVIEWED BY:
• Alain Pinard, Interim Director of Planning (519-741-2319)
• Della Ross, Manager of Development Review (519-741-2327)
ACKNOWLEDGED BY: Jeff Willmer, Interim General Manager
Development and Technical Services Department
AttarhmPnt~•
Appendix `A' Newspaper Advertisement
Appendix `B' Proposed Zoning By-law
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Advertised in The Record -October 2, 2009
PLANNING MATTERS:
PROPERTY OWNERS AND INTERESTED PARTIES ARE INVITED
TO ATTEND A PUBLIC MEETING TO DISCUSS
PROPOSED AMENDMENTS TO THE KITCHENER ZONING BY-LAW
UNDER THE APPLICABLE SECTION 34 OF THE PLANNING ACT
Ira Needles Boulevard at University Avenue
APPENDIX `A'
On June 29, 2009, the Council of the City of Kitchener adopted Official Plan Amendment No. 81 and Zoning By-
Law 2009-103 to redesignate and rezone the subject lands from General Industrial to Planned Commercial
Campus with special use provisions and special regulations to facilitate the development of the site with an
integrated retail, service and office commercial centre. Zoning By-law 2009-103 is proposed to be amended by
making minor refinements to the by-law to implement the final recommendations of the Market Feasibility and
Impact Report and Peer Review and the Transportation Impact Study.
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:
MONDAY, OCTOBER 26 at 7:00 P.M.
COUNCIL CHAMBERS, 2nd FLOOR, CITY HALL
200 KING STREET WEST, KITCHENER.
Any person may attend the Public Meeting and make written and/or verbal representation either in support of,
or in opposition to, the above noted proposal. If a person or public body that files a notice of appeal of a
decision, does not make oral submissions at this public meeting or make a written submission prior to
approvallrefusal of this proposal, the Ontario Municipal Board may dismiss all or part of a subsequent
appeal.
ADDITIONAL INFORMATION is available by contacting the appropriate staff person noted below and by viewing
the report contained in the meeting agenda (available on the Friday afternoon prior to the meeting, in the calendar
section of the website http://www.kitchener.calcalendar/calendarEvent.aspx), or in person at the Development and
Technical Services Department -Planning Division, 6th Floor, City Hall, 200 King Street West, Kitchener between
8:30 a.m. - 5:00 p.m. (Monday to Friday).
Tina Malone-Wright, Senior Planner - 519-741-2765 (TTY: 1-866-969-9994),
tina.malonewright@kitchener.ca
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October 20, 2009
BY-LAW NUMBER
OF THE
CORPORATION OF THE CITY OF KITCHENER
(Being a by-law to amend By-law 2009-103 -The
INCC Corp. -Ira Needles Boulevard)
WHEREAS it is deemed expedient to amend By-law 2009-103;
NOW THEREFORE the Council of The Corporation of the City of Kitchener enacts as
follows:
1. Section 1 to By-law 2009-103 is hereby deleted and replaced with the following:
"Schedules No. 4, 5, 12 and 13 of Appendix "A" to By-law Number 85-1 are hereby
amended by designating as Commercial Campus Zone (C-8) with Special Use Provision
390U, Special Regulation Provision 494R, Holding Provision 55H, Holding Provision 57H
and Holding Provision 58H, Commercial Campus Zone (C-8) with Special Use Provision
390U, Special Regulation Provision 494R, Special Regulation Provision 495R, Holding
Provision 55H, Holding Provision 57H, and Holding Provision 58H, Commercial Campus
Zone (C-8) with Special Use Provision 390U, Special Regulation Provision 494R,
Special Regulation Provision 496R, Holding Provision 55H, Holding Provision 57H, and
Holding Provision 58H, and Open Space Zone (P-2) instead of General Industrial Zone
(M-2), the parcel of land described as Part of Lot 39, German Company Tract, in the City
of Kitchener. These lands are shown on Map No. 1 attached hereto."
2. Map 1 to By-law 2009-103 is hereby deleted and replaced with Map 1 attached hereto.
3. Section 3 to By-law 2009-103 is hereby amended by deleting Section 390 and replacing
it with Section 390 thereto as follows:
"390. Notwithstanding Section 13A.1 of this By-law, within the lands zoned C-8 on
Schedules 4, 5, 12 and 13 of Appendix `A' and described as Part of Lot 39,
German Company Tract;
a) The following uses shall not be permitted:
Carwash;
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Daycare Facility;
Drive-through Facility for a restaurant use:
Gas station;
Hotel;
Storage or Service of Tools and Industrial or Farm Equipment;
Educational establishment operated by a Public or Separate School
Board
b) Afree-standing food store with a gross floor area greater than 465
square metres shall not be permitted. The storage, preparation and
display of food for sale may be permitted to a maximum of 4,645 square
metres of gross floor area internal to not more than one retail store on the
lot.
c) Sale, Rental, Service, Storage or Repair of Motor Vehicles or Major
Recreational Equipment shall not be permitted as a freestanding use but
shall be permitted as a subordinate use located in the same building as a
permitted retail use."
4. Section 4 to By-law 2009-103 is hereby amended by deleting Section 494 and replacing
it with Section 494 thereto as follows:
"494. Notwithstanding Section 13A.2 of this By-law, within the lands zoned C-8 on
Schedules 4, 5, 12 and 13 of Appendix `A' and described as Part of Lot 39,
German Company Tract, the following special regulations shall also apply:
a) Minimum Side Yard where the side lot line abuts the boundary of the City
of Waterloo shall be 0 metres.
b) For the purposes of applying the regulations of this By-law the lands
affected by this Section shall be considered to be one lot.
c) The maximum gross floor area for all uses on the lands shall be 49,515.7
square metres. The lands will be permitted to develop in three phases
with Phases 2 and 3 subject to Holding provisions to provide for a review
of transportation issues associated with the development.
i) Phase 1 will consist of a maximum of gross floor area of
32,050.5 square metres which will include the development of a
retail anchor store having a maximum gross floor area of 17,186.5
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square metres. Phase 1 is not subject to any Holding
provisions.
ii) Phase 2 will consist of up to an additional 6,967.7 square metres
of gross floor area of retail and restaurant uses and is subject to a
Holding provision. Phase 1 and Phase 2 provide for a cumulative
total of 39,018 square metres of gross floor area on the City of
Kitchener portion of the site.
iii) Phase 3 will consist of the remainder of the cumulative total of
49,515.7 square metres of gross floor area permitted on the City
of Kitchener portion of the site and is subject to a Holding
provision.
d) The maximum amount of gross floor area devoted to commercial retail
uses shall be 43,384.3 square metres. The following uses are excluded
from the calculation of commercial retail gross floor area: outside garden
centre displays and areas devoted to parking and loading which are not
fully enclosed.
e) The maximum amount of gross floor area devoted to retail anchor outlets
having a minimum size of 4,645 square metres of gross floor area shall
be 17,186.5 square metres.
f) The maximum amount of gross floor area of individual retail outlets
specializing in the retail of apparel and accessories shall be 9,290 square
metres.
g) The maximum amount of gross floor area of individual outlets
specializing in restaurant uses shall be 1,858 square metres.
h) Individual retail outlets having a gross floor area of less than 1,500
square metres shall be permitted on the same lot as a permitted use
having a minimum gross floor area of 1,500 square metres provided the
total gross floor area of such individual outlets does not exceed 25
percent of the total gross floor area. Of this total, individual retail outlets
having a gross floor area less than 465 square metres shall be limited to
a maximum total amount of 4,645 square metres of gross floor area.
These gross floor area regulations do not apply to the specific type of
retail use permitted in Section 12.1
i) Where the municipal boundary bisects a parking space, if the majority of
the parking space is in Kitchener the whole space shall be deemed to be
in Kitchener.
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j) For all lands affected by this Section, the internal lot lines of the original
lots shall not be construed to be lot lines for the purposes of any zoning
regulations provided that all applicable regulations of this by-law relative
to the lands as a whole and its external lot lines are observed.
k) The minimum amount of gross floor area for office uses shall be 2,229.6
square metres."
5. By-law 2009-103 is hereby amended by adding Section 9 as follows:
9. Appendix "F" to By-law 85-1 is hereby amended by adding subsection 57 thereto
as follows:
"57. Notwithstanding Section 13A of this By-law, within the lands zoned C-8 on
Schedules 4, 5, 12 and 13 of Appendix `A' and legally described as Part of Lot
39, German Company Tract, the holding provision for Phase 2 will not be
removed until such time as the City of Kitchener is advised by the Region of
Waterloo's Commissioner of Planning Housing and Community Services and the
City of Kitchener's General Manager of Development and Technical Services,
that the following has been completed to their satisfaction:
1. That a minimum of six months following the construction and occupancy
of a substantial portion (approximately 80% to 90%) of the 17,186.5
square metres of anchor store uses permitted on the City of Kitchener
portion of the site AND the 23,225 square metres of anchor stores,
cinema and fitness centre permitted on the City of Waterloo portion of the
site, the owner shall at their expense undertake an update to the "Ira
Needles Mixed Use Development Transportation Impact Study" Final
Report (dated December 2008) by Paradigm Transportation Solutions
Ltd. to the satisfaction of the Regional Commissioner of Planning Housing
and Community Services and the City of Kitchener's General Manager of
Development and Technical Services, to determine if the assumptions,
conclusions and recommendations contained in the original study remain
valid and to determine what, if any, additional Regional and/or local road
improvements are required to accommodate Phase 2 of the development
of the site; and
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2. That the Region of Waterloo and/or the City of Kitchener (as appropriate)
have both the physical and financial resources available to provide for
the construction of any Regional and/or local road improvements
identified within the updated Transportation Impact Study required in
accordance with 1. above that are necessary to accommodate the Phase
2 development. If the updated Transportation Impact Study identifies a
critical need for any recommended improvements to immediately support
development of Phase 2 of the site, such improvements shall be in place
prior to occupancy of any development in Phase 2.
6. By-law 2009-103 is hereby amended by adding Section 10 as follows:
10. Appendix "F" to By-law 85-1 is hereby amended by adding subsection 58 thereto
as follows:
"58. Notwithstanding Section 13A of this By-law, within the lands zoned C-8 on
Schedules 4, 5, 12 and 13 of Appendix `A' and legally described as Part of Lot
39, German Company Tract, the holding provision for Phase 3 will not be
removed until such time as the City of Kitchener is advised by the Region of
Waterloo's Commissioner of Planning Housing and Community Services and the
City of Kitchener's General Manager of Development and Technical Services,
that the following has been completed to their satisfaction:
1. That a minimum of six months following the construction and
occupancy of a substantial portion (approximately 80% to 90%) of the
combination of Phases 1 and 2 on the City of Kitchener portion of the site
AND Phase 1 and a minimum of 6,688.8 square metres of building floor
area devoted to office use of Phase 2 as permitted by the City of
Waterloo zoning by-law on the City of Waterloo portion of the site, the
owner shall at their expense undertake a further update to the "Ira
Needles Mixed Use Development Transportation Impact Study" Final
Report (dated December 2008) by Paradigm Transportation Solutions
Ltd. to the satisfaction of the Regional Commissioner of Planning Housing
and Community Services and the City of Kitchener's General Manager of
Development and Technical Services, to determine if the assumptions,
conclusions and recommendations contained in the original study, as
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updated for Phase 2, remain valid and to determine what, if any,
additional Regional and/or local road improvements are required to
accommodate Phase 3 of the development of the site; and
2. That the Region of Waterloo and/or the City of Kitchener (as appropriate)
have both the physical and financial resources available to provide for
the construction of any Regional and/or local road improvements
identified within updated Transportation Impact Study required in
accordance with 1. above that are necessary to accommodate the Phase
3 development. If the updated Transportation Impact Study identifies a
critical need for any recommended improvements to immediately support
development of Phase 3 of the site, such improvements shall be in place
prior to occupancy of any development in Phase 3.
PASSED in the Council Chambers in the City of Kitchener this
day of , 2009.
Mayor
Clerk
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