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2.
ZONING - 199 AND 200 KENNEVALE DRIVE, 155 PREM CIRCLE, 755 COBBLE HILL
DRIVE, 300, 309 AND 350 MOFFATT POND COURT AND 674 LIMERIDGE CIRCLE
ZONAGE -
199 ET 200, PROMENADE KENNEVALE, 155, CERCLE PREM, 755, PROMENADE COBBLE
HILL, 300, 309 ET 350, COUR MOFFATT POND ET 674, CERCLE LIMERIDGE
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Committee recommendation as
amended
(This application is not subject to Bill 51)
That Council reject an
amendment to the former Nepean Zoning By-law to change the zoning of 199 and
200 Kennevale Drive, 155 Prem Circle, 755 Cobble Hill Drive, 300, 309 and 350
Moffatt Pond Court and 674 Limeridge Circle from Residential Mixed Unit - RMU
Zone to Community Commercial Exception
- CC Block (XX) Zone and Commercial Automotive Exception - CA1 Block
(XX) Zone as detailed in Document 2 and as shown in Document 1.
Recommandation MODIFIéE du comité
(Cette demande n’est
pas assujettie au Règlement 51)
Que le Conseil municipal rejette une modification au
règlement de zonage de l’ancienne Ville de Nepean visant à faire passer la
désignation de zonage des propriétés situées aux 199 et 200, promenade
Kennevale, au 155, cercle Prem, au 755, promenade Cobble Hill, aux 300, 309 et
350, cour Moffatt Pond et au 674, cercle Limeridge, de RMU (zone d’utilisation
résidentielle mixte) à CC Bloc (XX) (zone commerciale communautaire -
Exception) et CA1 Bloc (XX) (zone commerciale routière - Exception), comme le
précise le document 2 et l’illustre le document 1, et ce, en vue de mettre en
oeuvre une décision de la Commission des affaires municipales de l'Ontario.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated
31 August 2007 (ACS2007-PTE-APR-0155).
2.
Extract
of Draft Minutes, 11 September 2007.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
31 August 2007 / le 31 août 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe,
Planning, Transit and the Environment/
Urbanisme, Transport en commun et Environnement
Contact Person/Personne ressource : Karen Currie,
Manager / Gestionnaire, Development Approvals / Approbation des demandes
d'aménagement
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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Ref N°: ACS2007-PTE-APR-0155
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SUBJECT:
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ZONING - 199 AND 200 KENNEVALE DRIVE, 155 PREM CIRCLE, 755 COBBLE HILL
DRIVE, 300, 309 AND 350 MOFFATT POND COURT AND 674 LIMERIDGE CIRCLE.
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OBJET :
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ZONAGE - 199 ET 200, PROMENADE KENNEVALE, 155, CERCLE PREM, 755,
PROMENADE COBBLE HILL, 300, 309 ET 350, COUR MOFFATT POND ET 674, CERCLE
LIMERIDGE
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REPORT
RECOMMENDATION
That the recommend Council, in order to implement an Ontario Municipal Board
decision, approve an amendment to the former Nepean Zoning By-law to change the
zoning of 199 and 200 Kennevale Drive,
155 Prem Circle, 755 Cobble Hill Drive, 300, 309 and 350 Moffatt Pond Court and
674 Limeridge Circle from
Residential Mixed Unit - RMU Zone to Community Commercial Exception - CC Block (XX) Zone and Commercial
Automotive Exception - CA1 Block (XX) Zone as detailed in Document 2 and as shown in Document
1.
RECOMMANDATION DU
RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver une modification au règlement de zonage de
l’ancienne Ville de Nepean visant à faire passer la désignation de zonage des
propriétés situées aux 199 et 200, promenade Kennevale, au 155, cercle Prem, au
755, promenade Cobble Hill, aux 300, 309 et 350, cour Moffatt Pond et au 674,
cercle Limeridge, de RMU (zone d’utilisation résidentielle mixte) à CC Bloc (XX)
(zone commerciale communautaire - Exception) et CA1 Bloc (XX) (zone commerciale
routière - Exception), comme le précise le document 2 et l’illustre le
document 1, et ce, en vue de mettre en oeuvre une décision de la
Commission des affaires municipales de l'Ontario.
BACKGROUND
The two parcels of land subject to this
Zoning By-law amendment application are located between Cedarview Road and
Strandherd Drive, immediately to the west of the existing Barrhaven community
and east of the area designated and zoned for Prestige Business Park. The sites
are on the north-and south-east corners of the intersection of Kennevale and
Strandherd Drives.
A subdivision approval was granted in December
2004 for the surrounding lands for the development of single detached and
townhouses dwelling units, along with an institutional and park block. This
development is underway and a number of units have now been built and are
occupied in the immediate vicinity of the proposal.
The application for a Zoning By-law amendment
is in response to an Ontario Municipal Board (OMB) Decision granted in April
2006, which changed the designation of the subject lands from Residential Area
to Commercial. With the original subdivision application in 2003, the applicant
had filed an application for an Official Plan Amendment to permit commercial
development in this location. The existing Official Plan policy at the time did
not support this request. An appeal of the Council decision refusing the OPA
was successful at the OMB. The subject Zoning By‑law amendment responds
to the OMB order No. 1165.
DISCUSSION
Purpose of Zoning Amendment
The proposed Zoning By-law amendment
will introduce
two new commercial sites to this area, not originally contemplated in the
Secondary Plan for Area 9 and 10, with a development capacity up to 6510
square metres and a gas station use.
Existing Zoning
The existing zoning is a
Residential Mixed Unit – RMU Zone, which permits residential uses such as
single-detached, semi-detached, townhouses and rooming houses. This zone was
introduced on these lands when the subdivision was approved in 2004 and to
ensure compliance with the Secondary Plan policies for Area 9 and 10 of the
former City of Nepean.
Proposed Zoning
Two zone
categories are proposed for the sites. The land to the south of Kennevale Drive
(identified as parcel “A” on Document 1) is proposed to be a Community
Commercial (Exception) - CC Block XX Zone, which will allow the following uses:
•
Bake Shop
•
Bank
•
Brew on premises
•
Business office / medical/dental office
•
Cinema
•
Convenience store
•
Day nursery
•
Garden centre
•
Kitchen and bath showroom
•
Outdoor vehicle or merchandise sale
•
Place of amusement
•
Refreshment vehicle
•
Respite care facility
•
Restaurant take-out
•
Restaurant
•
Retail store
•
School, School commercial, and School private
•
Service and repair shop
•
Service Establishment
•
Special event outdoor sale
•
Supermarket, for the sale of fresh and frozen foods.
•
Veterinary establishment
The exception
is necessary in order to:
Add a supermarket for the sale of fresh and frozen foods use to the
list of permitted uses.
Establish a cap on the maximum gross leasable floor
area to 6510 square metres, as ordered by the OMB, and
Permit a reduced front yard abutting Strandherd Drive from
the required 3.0 metres down to 1.0 metre. The rationale for this is based on
the fact that buildings will be moved as far away from the residential uses as
possible without creating any negative impacts on the Strandherd flankage.
The parcel on the north side of
Kennevale Drive (identified as parcel “B” on the attached Document 1) is
proposed to be a Commercial Automotive – CA1 (Block XX) Zone that will permit
only the following uses:
•
Automobile service station,
•
Convenience store, if accessory to an Automobile service station
The application that has been submitted requests additional permitted
commercial uses beyond those which were mandated by the Ontario Municipal Board
Order in the Official Plan Amendment.
These additional uses include a restaurant fast food, which would allow
drive-through car pick-up facilities, as well as a car washing establishment
accessory to an automobile service station.
In view of the fact that there uses were not specifically identified as
permitted by the OMB order and in view of the potential for these uses to be
incompatible with adjacent residential development, they are not supported for
inclusion in the list of permitted uses.
Official Plan Policy
These two
commercial sites were originally located in the ‘Residential’ designation
within the Secondary Plan for Areas 9 and 10 in the former City of Nepean
Official Plan and Volume 2A: Secondary Plans of the Official Plan. The
Residential designation does not allow for commercial uses in this area, hence
a request for an Official Plan amendment was made. The OPA application to
permit commercial uses on these sites was refused by Council in 2005.
A
subsequent appeal of this decision to the Ontario Municipal Board overturned
Council’s decision and the OPA was approved based on retail market evidence
that demonstrated there was the ability to support up to approximately 6500
square metres in retail space in this geographic area. Hence the retail floor
space was capped by the OMB decision.
The Secondary Plan for Areas 9 and 10 was
prepared by the City of Nepean shortly before amalgamation and incorporated
into the former Nepean Official Plan. A significant amount of consultation with
the surrounding residential community and the development industry was
undertaken in order to formulate the policies that constitute the Secondary
Plan for Area 9 and 10. The marketing studies prepared in association with
the South Nepean Town Centre proposals were also used to determine the
potential retail opportunities that should be allowed in this planning area.
The resulting approved Secondary Plan designated two pockets of Commercial use
along Strandherd Drive west of the Town Centre to serve the immediate business
park and residential community. Concerns were expressed through the planning
process that creating a potentially high volume of new commercial development
in this area would erode the residential development potential in this area. It
was also felt that commercial activity serving beyond the neighbourhood level
should be concentrated in the South Nepean Town Centre.
A number of retail opportunities exist in the
core of the South Nepean Activity Centre.
This area is on its way to reaching its targeted retail thresholds and
continues to grow. The South Nepean Town Centre Design Plan adopted by Council
in 2006 establishes design guidelines and provides direction for new
developments in the Town Centre. The Department, in its report to Planning and
Environment Committee in 2005, did not support allowing additional unplanned retail
opportunities outside of the core as they would compromise the goal of a
vibrant Town Centre with a sustainable retail base. It was and still is the opinion of staff that allowing unplanned
commercial development will impact the Town Centre negatively.
This segment of Strandherd Drive just off
Highway 416 is the major entryway into all of South Nepean and was designed to
have a high standard of design. Hence a deliberate attempt to restrict the
proliferation of gas stations along this strip was incorporated into the
policies. Allowing the Commercial Automotive Zone at the end of Kennevale Drive
will compromise the overall ability to achieve the desired design integrity
along this roadway. A gas station is permitted and planned north and west of
this site at the intersection of Strandherd Drive and Fallowfield Road. There
will be no shortage of gas stations on this roadway. On Strandherd Drive, there
are already gas stations at Woodroffe Avenue, Longfields and a recently
approved one at Jockvale Road.
Traffic Issues
The introduction of these two
commercial sites at this intersection will introduce three new driveway
accesses onto Strandherd Drive, one being a right-in-right-out into the plaza,
and two driveways onto the gas station site. In addition, each site will have
one access off of Kennevale Drive. The design intent of the Secondary Plan was
to only have collector roadways intersect with this arterial roadway. A Traffic
Impact Study has been prepared for the development and is under review. The Traffic Study recommends intersection
and driveway modifications which will be further refined through the site plan
approval process.
Noise Issues
A Noise Study has been prepared and is currently under review for
the plaza and the gas station car wash proposal. The study recommends for the
retail plaza that:
Ÿ
Wing
walls be installed alongside the delivery docks for the two retails bays at
either ends of the plaza,
Ÿ
The
rooftop and HVAC equipment noise can be mitigated through their installation
furthest away from the residential uses and/or the use of a rooftop parapet or
acoustic screens, and
Ÿ
Delivery
truck noises due to idling and marshalling are considered acceptable under MOE
criteria; however, backup-beeper and trailer-mounted refrigeration unit noises
can be mitigated through the wing walls in the loading docks specified above.
For the gas station, the study recommends the
following measures be incorporated into the design in order to enable operation
at all times of the day:
Ÿ
acoustic
baffles within the car wash building (not a use mandated by the OMB order)
Ÿ
rooftop
barriers
Ÿ
silenced
vacuum cleaners and tire inflators
Concurrent Application
A site plan application is currently
being processed for the commercial plazas that will implement the Zoning By-law
amendment. Certain uses proposed by
that site plan will not be supported if zoning proceeds in accordance with this
report.
Based on the OMB decision, which imposed
the commercial designation under the Official Plan, the Department is bringing
forward this Zoning By-law amendment for Planning and Environment Committee
consideration. The proposed Zoning By-law amendment as presented above complies
with the Official Plan as it has been amended by the OMB order.
CONSULTATION
Notice of this application was carried out in
accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and
the staff recommendation.
The
City did receive many negative comments and opposition to this application. Most of the respondents indicated that they were not told these
sites were proposed to be developed for commercial land uses. Had they known
this, they would not have purchased their houses fronting onto a gas station or
retail plaza. The OPA application for commercial land uses on these sites were
filed along with the original zoning for the subdivision April 2004. Those
homeowners who contacted staff over the past few years with enquiries about
these sites were informed of the commercial potential due to the pending OMB
hearing, those homeowners who did not contact the City may not have been made
aware of the potential. Given the timing of the new construction in the area,
many of the residents may not have lived in the area at the time of the
Official Plan amendment.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS TIMELINE STATUS
The application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendments due to the resolution of issues associated with the site plans for
the gas station and retail plaza.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended zoning
Document
3 Conceptual Site Plan for Retail
Plaza and Gas Station
DISPOSITION
City Clerk’s Branch, Committee and Council
Services to notify the owner, DCR Phoenix Development Corporation, 18 Bentley
Ave. Ottawa. ON, applicant, Bill Holzman, 1076 Castle Hill Crescent, Ottawa,
ON., OttawaScene.com,
174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment,
Financial Services Branch (Mail Code:
26-76) of City Council’s decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
1.
That the lands known municipally as 199 and 200 Kennevale
Drive, 155 Prem Circle, 755 Cobble Hill Drive, 300, 309 and 350 Moffatt Pond
Court and 674 Limeridge Circle, shown as Areas A and B in Document 1, be
rezoned as follows:
Ÿ
Area A from RMU to CC Block XX
Ÿ
Area B from RMU to CA1 Block XX
2.
Notwithstanding the permitted uses of Section 7:3:1 to the
contrary, for the lands zoned as CC- Block XX, the following additional
permitted use is allowed:
Ÿ
Supermarket, for the sale of fresh and frozen
foods.
3.
Notwithstanding the zone provisions of subclause 5:20:11 i)
and clause 7:3:2 to the contrary, for the lands zoned as CC - Block XX, the
following provisions apply:
Ÿ
Yard Front (Minimum) 1.0
metre
Ÿ
Front Yard loading exemption
from by-law restriction
4.
Notwithstanding the zone provisions of Section 7:3:2 to the
contrary, for the lands zoned as CC- Block XX, the following maximum gross
leasable floor area applies:
Ÿ
Gross Leasable Floor Area (Maximum) 6,510 sq. m.
5.
Notwithstanding the permitted uses of Section 7:8:1 to the
contrary, for the lands zoned as CA1- Block XX, only the following uses are
permitted:
Ÿ
Automobile service station
Ÿ
Convenience store, if accessory to an Automobile
service station
CONCEPTUAL RETAIL PLAZA AND GAS STATION SITE
PLAN DOCUMENT 3
ZONING - 199 AND 200 KENNEVALE DRIVE,
155 PREM CIRCLE, 755 COBBLE HILL DRIVE, 300, 309 AND 350 MOFFATT POND COURT AND
674 LIMERIDGE CIRCLE
ZONAGE - 199 ET 200, PROMENADE KENNEVALE, 155, CERCLE PREM, 755, PROMENADE
COBBLE HILL, 300, 309 ET 350, COUR MOFFATT POND ET 674, CERCLE LIMERIDGE
ACS2007-PTE-APR-0155 Barrhaven (3)
(This application is not subject to Bill 51)
The following written correspondence was received
by the Committee Coordinator and is held on file with the City Clerk:
Andrea Steenbakkers, Executive Director, Barrhaven
BIA, dated 10 September 2007.
Bill Holzman, dated 10 September 2007
Moved
by Vice-Chair Feltmate:
That the meeting of the Planning and Environment
Committee move In
Camera
pursuant to Section 13(1) f) of the Procedure By-law to receive advice that is
subject to solicitor-client privilege, including communications necessary for
that purpose.
CARRIED
The meeting resumed in open session with Vice-Chair
Feltmate in the Chair.
Karen
Currie, Manager of Development Approvals East/South and Dhaneshwar Neermul,
Planner provided an overview of the report and history of the file through a
PowerPoint presentation, which is held on file with the City Clerk.
In
response to questions from Councillors Harder, Desroches and Hunter, Mr.
Neermul confirmed the following:
Staff
are recommending approval by order of the Ontario Municipal Board. Planning staff stand by their original
position on the Official Plan Amendment.
The
proposed zoning would allow for a mix of residential types.
A
local transit route only serves the site.
The
departmental recommendation to reject the Official Plan amendment was carried
on consent and the applicant did not attend or speak to the application.
The
Market Study undertaken by DCR Phoenix was only presented at the Ontario
Municipal Board.
Paul
Knowlton, Corporate Research Group Ltd
discussed a retail market survey his firm undertook on behalf of the Barrhaven
Business Improvement Area. He advised
that the study did not look at this site in particular but rather focussed on
the area as a whole examining size, spending potential, as well as retail types
present and
needed.
He
noted that
Barrhaven’s population will nearly double by 2011. Retail investment has mushroomed by 500% since the early nineteen
nineties. Barrhaven’s population
represents 6% of the population and 5% of retail space. Retail types that are required are
service-type industries, office, automotive and other retail services. He noted that supermarkets are well
represented with six active full service supermarkets. He explained that supermarket opportunities
are limited for the next 5 years.
In
response to questions from Councillor Harder, Mr. Knowlton confirmed that his
study covers all of Barrhaven in comparison to the market study commissioned by
the applicant, which did not include the area north of Strandherd. It is also more recent, completed in
February 2007.
Chair
Hume resumed the Chair for the remainder of the meeting.
Gerry
Clarke, whose family has farmed and owned land in the
area for generations, spoke to planning initiatives dating back to the former
City of Nepean. He noted that planning
for Barrhaven and South Nepean began in the nineteen nineties and focussed on creating
a vibrant and economically viable town centre.
He stated this proposal diverts from longstanding planning for the area
and is too close to the town centre, which will be impacted. He asked that Committee reject the proposal.
Councillor
Harder thanked Mr. Clarke for his participation in planning for growth for this
area, noting his family’s long history with Barrhaven and Nepean, dating back
to settlement in 1839.
Responding
to questions from Councillor Hunter, Mr. Clarke noted that bad planning
decisions have been made in the past.
He warned Committee not to do so in this instance as approval would
weaken the town centre, the central planning feature for the area. He suggested that planning decisions must
not be made in piece meal fashion.
Janet
Bradley, on behalf of the applicant
referred to the Ontario Municipal Board decision and noted that under the
Planning Act, zoning must conform to the Official Plan. She suggested this proposal is good planning
for the following reasons:
The
Barrhaven Town Centre is vibrant and economically viable and does not require
special protection at this time.
South
Nepean is growing rapidly and residents require other facilities closer to
home.
When
secondary planning occurred in 1999, it was decided that although a town centre
would act as the retail node, other smaller neighbourhood shopping centres,
such as small grocery stores, would be located throughout the community to
cater to residents. The Business Park
is not likely to be serviced or developed until 2012.
Strandherd
has the capacity to accommodate a commercial zoning at this location and
provides good access as a major arterial.
5. Most people
who live in this community take the 416 to go to work and this site will allow
them to access shopping close to home.
She cited the OMB decision: “the subject site is excellent for a
shopping centre to serve primarily the daily and weekly needs of the
surrounding residential area.”
Ms.
Bradley noted that allowing this zoning makes good planning sense and is not
necessarily popular. She suggested that
the question of land use has already been heard and ruled on by the OMB. She went further noting that an appeal could
be construed as an abuse of the Board’s process.
In
response to a question from Councillor Hunter with respect to finding some
middle ground and compromise, Ms. Bradley stated that she believes that efforts
in that regard are always useful. She
added that the proposed grocery store would be 20,000 square feet in comparison
to the current Loblaws store of 100,000 square feet.
Councillor
Harder questioned whether the store could be expanded later should it be
constructed. Ms. Bradley confirmed that
a 60,000 square foot is allowed under the requested zoning.
Steven
Hollett, a resident of the new development at Cedarview
and Strandherd, spoke in support of the proposal, suggesting that it is much
needed by the community. He noted
residents could walk to the stores. He stated
that the nearest grocery store is three kilometres away and the closest service
station is at Fallowfield and Moodie. He suggested making good use of
Strandherd Drive and noted that the grocery store has nowhere to grow.
Councillor
Harder commented that two gas stations are easily accessible at
Jockvale/Strandherd and Fallowfield/Strandherd. She suggested that many residents who purchased near by are
outraged as they were not aware that a commercial plaza would be
constructed. Mr. Neermul confirmed that
complaints were received in that regard.
Andy
Hayden clarified that he was speaking on his own behalf
and not in his role as advisor to Mayor O’Brien. He recalled secondary planning for the area as former Mayor and
Reeve of Nepean and Chair of the Region of Ottawa-Carleton. He spoke of the importance of creating town
centres as nodes for business with access to transportation systems. With respect to Standherd Drive, he
suggested that it will act as the defacto ring road once the
Strandherd/Armstrong Bridge is built by linking the 417 and 416. He suggested that the number of access
points on Strandherd should be limited to allow for good flow of traffic. He suggested that Strandherd should not
become like Merivale Road.
Councillor
Harder read from a written submission raising the following arguments in
opposition to the zoning application:
The
Official Plan amendment was not supported by staff and was rejected by
Committee and Council on consent.
Planning staff stand by their opposition to commercial uses in the area
and are only recommending approval because of the previous OMB decision.
The
Committee should reject the application to preserve the integrity of community
planning for Barrhaven, including the Barrhaven Town Centre.
The
Business Park will act as a gateway to the City of Ottawa from the 416. Uses and zoning have been carefully planned
and must be followed.
The
market study commissioned by the Barrhaven BIA showed saturation for
supermarkets and grocery stores.
Delegated
authority has been lifted for the Site Plan Control application and
intersection work.
The
market study commissioned by the applicant was limited in scope by examining a
small area.
The
community and residents are opposed to this applicant as evidenced by the many
telephone calls and emails received.
Councillor
Harder tabled the following written correspondence from constituents in
opposition:
Chris Fleming, 30 August 2007
Michael
Bremer, 4 September 2007
K. Buck, 4 September 2007
Peter Buffam, 4 September 2007
Suzanne Cloutier and Greg Kenney and family, 4
September 2007
Paul and Jane Drummond, 4 September 2007
Jim and Debra Fraser, 4 September 2007
Sheryl Germann, President, Havenlea Chapman Mills
Community Association, 4 September 2007
Marie
Hogg, 4 September 2007
Jane Knickle, 4 September 2007
Ivan
Mounitsyn, 4 September 2007
John Mullin, 4 September 2007
Siobhan Mullin, 4 September 2007
Cathy Neville-Hunseler, 4 September 2007
Michel
Pedneault, 4 September 2007
Wayde Reeleder, 4 September 2007
Ross Stephen, 4 September 2007
Ken Storen, 4 September 2007
Rik and Karen Thiessen, 4 September 2007
Jenny Arena and Tim Mombourquette, 5 September 2007
J-F Bergeron, 5 September 2007
Shawna Blanchard, 5 September 2007
Jennifer Brabbs, 5 September 2007
Lynn Conger, 5 September 2007
Donna Craig, 5 September 2007
Jeff Deavy, 5 September 2007
Anne
Delmage, 5 September 2007
Angelo Dicerni, 5 September 2007
Larry and Connie Drew, 5 September 2007
Steve Durrant, 5 September 2007
Malcolm and Jennifer Eales, 5 September 2007
Michael
Gibb, 5 September 2007
Stewart Harris, 5 September 2007
Brian Marshall, 5 September 2007
Gregory and Sharon Mech, 5 September 2007
Christopher and Jennifer Leger, 5 September 2007
Dave
and Lorna Morreau, 5 September 2007
John Narraway, 5 September 2007
Mary Oosterholt-Pilon, 5 September 2007
Debbie Pinder, 5 September 2007
Gabie
Rex, 4 September 2007
Paul Simon, Heidi Duhaime, 5 September 2007
Gary and Gisela Smith, 5 September 2007
Nici Sullivan, 5 September 2007
Barry VanDyk, 5 September 2007
Nick VanKessel, 5 September 2007
Tina Woolford-Shaw, Michael Shaw and Family, 5
September 2007
Virginia Balfour, 6 September 2007
Caroline Baskerville and Stephen Best, 6 September
2007
Dave and Angie Burchell, 5 September 2007
Cathy Burden, 6 September 2007
Kim Gilmour, 6 September 2007
Elizabeth Gojkovic, 6 September 2007
Donna and Tom Hope, 6 September 2007
Marc
Lavoie, 6 September 2007
Denis Leduc, 6 September 2007
Eric Leduc, 6 September 2007
Teresa Mckenny, 6 September 2007
Joanne Pritchard, 6 September 2007
Michael
Venasse, 6 September 2007
Kristine Wallace, 6 September 2007
Bill Armitage, President Stonebridge Community
Association, 7 September 2007
Denice Crampton, 7 September 2007
Josh and Amanda Fournier, 7 September 2007
Melanie, Tony, Megan and Sarah Genereaux, 7
September 2007
Paulo
Lengler, 7 September 2007
Debbie Moss, 7 September 2007
Sheila Revells, 7 September 2007
Heather and Eustace Roberts, 7 September 2007
Tina Lee, 8 September 2007
Randy Wilson, 8 September 2007
Lina
Evraire, 9 September 2007
Donald R. Halpenny, Cedarhill Community
Association, 9 September 2007
Lynden and Maline Hillier, 9 September 2007
Brian
Jay, 9 September 2007
Tim
Korosi, 9 September 2007
Karen and Al MacKey, 9 September 2007
Ross and Marilyn McShane, 9 September 2007
Donna and Gino Pereira, 9 September 2007
Esther
Sangalli, 9 September 2007
John Tyson, President, Orchard Estates Community
Association, 9 September 2007
Ken Wong, 9 September 2007
Kim Cleevely and Adam Asiri, MD Management, 10
September 2007
James Gilliland, President and Nancy Davis, Vice
President, West Barrhaven Community Association, 10 September 2007
Julie
Gant, 10 September 2007
Chris J. Hughes, President and Chief Executive
Officer, Vangent Canada Ltd., 10 September 2007
Linda
Magnes, 10 September 2007
Jill
R. Montsion, 10 September 2007
Colleen Olive, 10 September 2007
Gail
Sargent, 10 September 2007
Nancy Albota, 11 September 2007
Rob Boyd, 11 September 2007
Julie and Kevin Crosby, 11 September 2007
J. Getty, 11 September 2007
Sherryl Fitzpatrick, 12 September 2007
Barry Gregory, 11 September 2007
Elena Harder, 11 September 2007
Allan Johnston, 11 September 2007
Brad Wright, 11 September 2007
Councillor
Harder also referenced the following documents:
Barrhaven
South Community Design Plan, dated September 2006, Publication #03-13
South
Nepean Town Centre Community Design Plan, July 2006, Publication
#03-14
Chair
Hume referenced the proposed guidelines for greefield development, noting that
this plan does not meet the goals of enhancing streetscape views, building
close to the street with façades oriented to the street. Ms. Currie noted that these are Site Plan
Control issues and the one submitted by the applicant does not meet these
objectives.
In
response to questions from Councillor Holmes, Mr. Neermul confirmed that
Strandherd was planned as a gateway to the City of Ottawa and development in
the area should meet high design standards.
Tim
Marc, Senior Legal Counsel, Legal Services noted that if a developer is not
willing to implement Council policy, whether an Official Plan or design
guidelines, they can always appeal to the OMB. He stated that Council is entitled to bring design guidelines
forward and hope that they will be implemented.
In response to further questions from Chair Hume,
Mr. Marc confirmed that under new powers in the Planning Act,
a municipality could impose urban design elements through the Site Plan Control
process. With respect to zoning, Mr.
Marc stated that Committee and Council could implement certain design elements
for instance by imposing a zero front setback in order to orient development
toward the street.
At Councillor Holmes request and Chair Hume’s
direction, Legal Services and Planning staff will prepare a report or
memorandum on how urban design guidelines can be implemented through the zoning
process and Site Plan Control. John
Moser, Director of the Planning Branch and City Planner added that planners use
approved guidelines everyday in their work.
He suggested staff have a role to play to meet these objectives, as do
proponents. He stated this issue could
be investigated further within the Comprehensive New Zoning By-law.
In response to comments made by Councillor Doucet
with regard to the proliferation of strip malls and road widening, Ms. Currie
noted that some corridors are protected but pressure continues to allow
development. She stated that from a
professional perspective strong diligence must be exercised to protect the
integrity of original community planning for the area.
Councillors Holmes, Hunter and Harder reiterated
their objection to the requested zoning.
Moved
by J. Harder:
That the Planning and Environment Committee
recommend Council, in
order to implement an Ontario Municipal Board decision, reject an amendment to the former Nepean Zoning By-law to
change the zoning of 199 and 200 Kennevale Drive, 155 Prem Circle, 755 Cobble
Hill Drive, 300, 309 and 350 Moffatt Pond Court and 674 Limeridge Circle from
Residential Mixed Unit - RMU Zone to Community Commercial Exception - CC Block (XX) Zone and Commercial
Automotive Exception - CA1 Block (XX) Zone as detailed in Document 2 and as
shown in Document 1.
CARRIED
YEAS
(10): M.
Bellemare, S. Desroches, C. Doucet, J. Harder, D. Holmes, G. Hunter,
B. Monette, S. Qadri, P. Feltmate, P. Hume
NAYS
(0):
The
following written correspondence was received by the Committee Coordinator and
is held on file with the City Clerk:
·
Andrea Steenbakkers, Executive Director, Barrhaven
BIA, dated 10 September 2007.
·
Bill Holzman, dated 10 September 2007
Moved
by Vice-Chair Feltmate:
That
the meeting of the Planning and Environment Committee move In
Camera
pursuant to Section 13(1) f) of the Procedure By-law to receive advice that is
subject to solicitor-client privilege, including communications necessary for
that purpose.
CARRIED
The
meeting resumed in open session with Vice-Chair Feltmate in the
Chair.
Karen
Currie, Manager of Development Approvals East/South and Dhaneshwar Neermul,
Planner provided an overview of the report and history of the file through a
PowerPoint presentation, which is held on file with the City Clerk.
In
response to questions
from Councillors Harder, Desroches and Hunter, Mr. Neermul confirmed the
following:
·
Staff
is recommending approval by order of the Ontario Municipal Board. Planning staff stands by their original
position on the Official Plan Amendment.
·
The
proposed
zoning would allow for a mix of residential types.
·
A local
transit route only serves the site.
·
The
departmental recommendation to reject the Official Plan amendment was carried
on consent and the applicant did not attend or speak to the application.
·
The
Market Study undertaken by DCR Phoenix was only presented at the Ontario
Municipal Board.
Paul
Knowlton, Corporate Research Group Ltd
discussed a retail market survey his firm undertook on behalf of the Barrhaven
Business Improvement Area. He advised that the
study did not look at this site in particular, but rather focussed on the area
as a whole examining size, spending potential, as well as retail types present
and needed.
He
noted that Barrhaven’s population would nearly double by 2011. Retail investment
has mushroomed by 500% since the early nineteen nineties. Barrhaven’s population represents 6% of the
population and 5% of retail space.
Retail types that are required are service-type industries, office,
automotive and other retail services. He noted
that supermarkets are well represented with six active full service
supermarkets. He explained that
supermarket opportunities are limited for the next five years.
In
response to questions from Councillor Harder, Mr. Knowlton confirmed that his
study
covers all of Barrhaven in comparison to the market study commissioned by the
applicant, which did not include the area north of Strandherd. It is also more recent, completed in
February 2007.
Chair
Hume resumed the Chair for the remainder of the meeting.
Gerry
Clarke, whose
family has farmed and owned land in the area for generations, spoke to planning
initiatives dating back to the former City of Nepean. He noted that planning for Barrhaven and South Nepean began in
the nineteen nineties and focussed
on creating a vibrant and economically viable town centre. He stated this proposal diverts from
longstanding planning for the area and is too close to the town centre, which
will be impacted. He asked that
Committee reject the proposal.
Councillor
Harder
thanked Mr. Clarke for his participation in planning for growth for this area,
noting his family’s long history with Barrhaven and Nepean, dating back to
settlement in 1839.
Responding
to questions from Councillor Hunter, Mr. Clarke noted that bad planning
decisions have been made in the past.
He warned Committee not to do so in this instance as approval would
weaken the town centre, the central planning feature for the area. He suggested that planning decisions must
not be made in piece meal fashion.
Janet
Bradley, on behalf of the applicant
referred to the Ontario Municipal Board decision and noted that under the
Planning Act, zoning must conform to the Official Plan. She suggested this proposal is good planning
for the following reasons:
1. The Barrhaven
Town Centre is vibrant and economically viable and does not require special
protection at this time.
2. South
Nepean is growing rapidly and residents require other facilities closer to
home.
3. When
secondary planning occurred in 1999, it was decided that although a town centre would
act as the retail node, other smaller neighbourhood shopping centres, such as
small grocery stores, would be located throughout the community to cater to
residents. The Business Park is not
likely to be serviced or developed
until 2012.
4. Strandherd
has the capacity to accommodate a commercial zoning at this location and
provides good access as a major arterial.
5. Most
people who live in this community take the 416 to go to work and this site will
allow them to access shopping
close to home. She cited the OMB
decision: “the subject site is excellent for a shopping centre to serve
primarily the daily and weekly needs of the surrounding residential area.”
Ms.
Bradley noted that allowing this zoning makes good planning sense and is
not necessarily popular. She suggested
that the question of land use has already been heard and ruled on by the
OMB. She went further noting that an
appeal could be construed as an abuse of the Board’s process.
In
response to a question from Councillor
Hunter with respect to finding some middle ground and compromise, Ms. Bradley
stated that she believes that efforts in that regard are always useful. She added that the proposed grocery store
would be 20,000 square feet in comparison to the current Loblaws
store of 100,000 square feet.
Councillor
Harder questioned whether the store could be expanded later should it be
constructed. Ms. Bradley confirmed that
a 60,000 square foot is allowed under the requested zoning.
Steven
Hollett, a
resident of the
new development at Cedarview and Strandherd, spoke in support of the proposal,
suggesting that it is much needed by the community. He noted residents could walk to the stores. He stated that the nearest grocery store is
three kilometres away and the closest
service station is at Fallowfield and Moodie. He suggested making good use of
Strandherd Drive and noted that the grocery store has nowhere to grow.
Councillor
Harder commented that two gas stations are easily accessible at
Jockvale/Strandherd and Fallowfield/Strandherd. She suggested that many residents who
purchased near by are outraged as they were not aware that a commercial plaza
would be constructed. Mr. Neermul confirmed
that complaints were received in that regard.
Andy
Haydon
clarified that
he was speaking on his own behalf and not in his role as advisor to Mayor
O’Brien. He recalled secondary planning
for the area as former Mayor and Reeve of Nepean and Chair of the Region of
Ottawa-Carleton. He spoke of the
importance of creating town centres
as nodes for business with access to transportation systems. With respect to Standherd Drive, he
suggested that it would act as the de facto ring road once the
Strandherd/Armstrong Bridge is built by linking the 417 and 416. He suggested that the number of access points on
Strandherd should be limited to allow for good flow of traffic. He suggested that Strandherd should not
become like Merivale Road.
Councillor
Harder read from a written submission raising the following arguments in
opposition to
the zoning application:
·
The
Official Plan amendment was not supported by staff and was rejected by
Committee and Council on consent.
Planning staff stands by their opposition to commercial uses in the area
and are only recommending approval because of the previous OMB decision.
·
The
Committee should reject the application to preserve the integrity of community
planning for Barrhaven, including the Barrhaven Town Centre.
·
The
Business Park will act as a gateway to the City of Ottawa from the 416. Uses and
zoning have been carefully planned and must be followed.
·
The
market study commissioned by the Barrhaven BIA showed saturation for
supermarkets and grocery stores.
·
Delegated
authority has been lifted for the Site Plan Control application and
intersection work.
·
The
market study commissioned by the applicant was limited in scope by examining a
small area.
·
The
community and residents are opposed to this applicant as evidenced by the many
telephone calls and emails received.
Councillor
Harder tabled the following
written correspondence from constituents in opposition:
·
Chris Fleming, 30 August 2007
·
Michael
Bremer, 4 September 2007
·
K. Buck, 4 September 2007
·
Peter Buffam, 4 September 2007
·
Suzanne Cloutier and Greg Kenney and family, 4
September 2007
·
Paul and Jane Drummond, 4 September 2007
·
Jim and Debra Fraser, 4 September 2007
·
Sheryl Germann, President, Havenlea Chapman Mills
Community Association, 4 September 2007
·
Marie
Hogg, 4 September 2007
·
Jane Knickle, 4 September 2007
·
Ivan
Mounitsyn, 4 September 2007
·
John Mullin, 4 September 2007
·
Siobhan Mullin, 4 September 2007
·
Cathy Neville-Hunseler, 4 September 2007
·
Michel
Pedneault, 4 September 2007
·
Wayde Reeleder, 4 September 2007
·
Ross Stephen, 4 September 2007
·
Ken Storen, 4 September 2007
·
Rik and Karen Thiessen, 4 September 2007
·
Jenny Arena and Tim Mombourquette, 5 September 2007
·
J-F Bergeron, 5 September 2007
·
Shawna Blanchard, 5 September 2007
·
Jennifer Brabbs, 5 September 2007
·
Lynn Conger, 5 September 2007
·
Donna Craig, 5 September 2007
·
Jeff Deavy, 5 September 2007
·
Anne
Delmage, 5 September 2007
·
Angelo Dicerni, 5 September 2007
·
Larry and Connie Drew, 5 September 2007
·
Steve Durrant, 5 September 2007
·
Malcolm and Jennifer Eales, 5 September 2007
·
Michael
Gibb, 5 September 2007
·
Stewart Harris, 5 September 2007
·
Brian Marshall, 5 September 2007
·
Gregory and Sharon Mech, 5 September 2007
·
Christopher and Jennifer Leger, 5 September 2007
·
Dave
and Lorna Morreau, 5 September 2007
·
John Narraway, 5 September 2007
·
Mary Oosterholt-Pilon, 5 September 2007
·
Debbie Pinder, 5 September 2007
·
Gabie
Rex, 4 September 2007
·
Paul Simon, Heidi Duhaime, 5 September 2007
·
Gary and Gisela Smith, 5 September 2007
·
Nici Sullivan, 5 September 2007
·
Barry VanDyk, 5 September 2007
·
Nick VanKessel, 5 September 2007
·
Tina Woolford-Shaw, Michael Shaw and Family, 5 September
2007
·
Virginia Balfour, 6 September 2007
·
Caroline Baskerville and Stephen Best, 6 September
2007
·
Dave and Angie Burchell, 5 September 2007
·
Cathy Burden, 6 September 2007
·
Kim Gilmour, 6 September 2007
·
Elizabeth Gojkovic, 6 September 2007
·
Donna and Tom Hope, 6 September 2007
·
Marc
Lavoie, 6 September 2007
·
Denis Leduc, 6 September 2007
·
Eric Leduc, 6 September 2007
·
Teresa Mckenny, 6 September 2007
·
Joanne Pritchard, 6 September 2007
·
Michael
Venasse, 6 September 2007
·
Kristine Wallace, 6 September 2007
·
Bill Armitage, President Stonebridge Community
Association, 7 September 2007
·
Denice Crampton, 7 September 2007
·
Josh and Amanda Fournier, 7 September 2007
·
Melanie, Tony, Megan and Sarah Genereaux, 7
September 2007
·
Paulo
Lengler, 7 September 2007
·
Debbie Moss, 7 September 2007
·
Sheila Revells, 7 September 2007
·
Heather and Eustace Roberts, 7 September 2007
·
Tina Lee, 8 September 2007
·
Randy Wilson, 8 September 2007
·
Lina
Evraire, 9 September 2007
·
Donald R. Halpenny, Cedarhill Community
Association, 9 September 2007
·
Lynden and Maline Hillier, 9 September 2007
·
Brian
Jay, 9 September 2007
·
Tim
Korosi, 9 September 2007
·
Karen and Al MacKey, 9 September 2007
·
Ross and Marilyn McShane, 9 September 2007
·
Donna and Gino Pereira, 9 September 2007
·
Esther
Sangalli, 9 September 2007
·
John Tyson, President, Orchard Estates Community
Association, 9 September 2007
·
Ken Wong, 9 September 2007
·
Kim
Cleevely and Adam Asiri, MD Management, 10 September 2007
·
James
Gilliland, President and Nancy Davis, Vice President, West Barrhaven Community
Association,
10 September 2007
·
Julie
Gant, 10 September 2007
·
Chris
J. Hughes, President and Chief Executive Officer, Vangent Canada Ltd.,
10 September 2007
·
Linda
Magnes, 10 September 2007
·
Jill
R. Montsion, 10 September 2007
·
Colleen Olive, 10 September 2007
·
Gail
Sargent, 10 September 2007
·
Nancy Albota, 11 September 2007
·
Rob Boyd, 11 September 2007
·
Julie and Kevin Crosby, 11 September 2007
·
J. Getty, 11 September 2007
·
Sherryl Fitzpatrick, 12 September 2007
·
Barry Gregory, 11 September 2007
·
Elena Harder, 11 September 2007
·
Allan Johnston, 11 September 2007
·
Brad Wright, 11 September 2007
Councillor
Harder also referenced the following documents:
·
Barrhaven
South Community Design Plan, dated September 2006, Publication #03-13
·
South
Nepean Town Centre Community Design Plan,
July 2006, Publication #03-14
Chair
Hume referenced the proposed guidelines for greenfield development, noting that
this plan does not meet the goals of enhancing streetscape views, building
close to the street with façades oriented to the street. Ms. Currie
noted that these are Site Plan Control issues and the one submitted by the
applicant does not meet these objectives.
In
response to questions from Councillor Holmes, Mr. Neermul confirmed that
Strandherd was planned as a gateway to the City of Ottawa and development in the area
should meet high design standards. Tim
Marc, Senior Legal Counsel, Legal Services noted that if a developer is not
willing to implement Council policy, whether an Official Plan or design
guidelines, they can always appeal to
the OMB. He stated that Council is
entitled to bring design guidelines forward and hope that they will be
implemented.
In
response to further questions from Chair Hume, Mr. Marc confirmed that under
new powers in the Planning
Act, a
municipality could impose
urban design elements through the Site Plan Control process. With respect to zoning, Mr. Marc stated that
Committee and Council could implement certain design elements for instance by
imposing a zero front setback in order to orient development toward the
street.
At
Councillor Holmes request and Chair Hume’s direction, Legal Services and
Planning staff will prepare a report or memorandum on how urban design
guidelines can be implemented through the zoning process and Site Plan Control. John Moser, Director of the Planning
Branch and City Planner added that planners use approved guidelines everyday in
their work. He suggested staff have a
role to play to meet these objectives, as do proponents. He stated this issue could be investigated
further within
the Comprehensive New Zoning By-law.
In
response to comments made by Councillor Doucet with regard to the proliferation
of strip malls and road widening, Ms. Currie noted that some corridors are
protected but pressure continues to allow development. She stated that from a professional perspective strong diligence
must be exercised to protect the integrity of original community planning for
the area.
Councillors
Holmes, Hunter and Harder reiterated their objection to the requested zoning.
Moved
by J.
Harder:
That
the Planning and Environment Committee recommend Council, in
order to implement an Ontario Municipal Board decision
CARRIED
YEAS
(10): M. Bellemare, S. Desroches, C.
Doucet, J. Harder, D. Holmes, G. Hunter, B. Monette, S. Qadri, P.
Feltmate, P. Hume
NAYS
(0):
