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3. ZONING - 300 EAGLESON ROAD ZONAGE
- 300, CHEMIN EAGLESON |
Committee
recommendations
(This application is subject to Bill 51)
That
Council:
1.
Approve an amendment to the Zoning By-law 2008-250 to
amend Urban Exception 224 as it relates to 300 Eagleson Road and as
detailed in Document 2.
2.
Approve
an amendment to the former City of Kanata Zoning By-law to amend the CG-1
Zone as it relates to 300 Eagleson Road and as
detailed in Document 2.
RecommandationS du Comité
(Cette demande est assujettie au Règlement 51)
Que le Conseil :
1.
approuve
une modification au Règlement de zonage 2008-250 afin de changer l’exception
urbaine 244 relativement au 300, chemin Eagleson, tel qu’il est expliqué en
détail dans le Document 2.
2. approuve une modification au Règlement de zonage 169-93 de
l’ancienne Ville de Kanata afin de changer la Zone CG-1 relativement au 300,
chemin Eagleson, tel qu’il est expliqué en détail dans le Document 2.
Documentation
1. Deputy City Manager, Planning, Transit and the Environment report dated
1 October 2008 (ACS2008-PTE-PLA-0206).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
01 October 2008 / le 01 octobre 2008
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 : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement, Planning
Branch/Direction de l’urbanisme
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the recommend Council:
1. Approve an amendment to the Zoning
By-law 2008-250 to amend Urban Exception 224 as it relates to 300 Eagleson
Road and as detailed in Document 2.
2. Approve
an amendment to the former City of Kanata Zoning By-law to amend the CG-1
Zone as it relates to 300 Eagleson Road and as detailed in Document 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de recommande au Conseil :
1. d’approuver une modification au
Règlement de zonage 2008-250 afin de changer l’exception urbaine 244
relativement au 300, chemin Eagleson, tel qu’il est expliqué en détail dans le
Document 2.
2.
d’approuver
une modification au Règlement de zonage 169-93 de l’ancienne Ville de Kanata
afin de changer la Zone CG-1 relativement au 300, chemin Eagleson, tel qu’il
est expliqué en détail dans le Document 2.
BACKGROUND
The subject site known as “Hazeldean Mall” is located at the southwest corner of the Hazeldean and Eagleson Road intersection, in the Glen Cairn Community. The site is known as 300 Eagleson Road. The subject site is bounded by Eagleson Road to the east, Abbeyhill Drive to the south, Carbrooke Street to the west and Hazeldean Road to the north. The subject property has an approximate area of 8 hectares.
The subject site currently contains a single-storey retail mall known as the “Hazeldean Mall” and a two-storey minor shopping plaza known as the annex building on the southern portion of the site. Access to the site is provided from Eagleson Road, Abbeyhill Drive and Carbrooke Street. The existing mall has a net floor area of 19067 square metres. The existing annex building has a net floor area of 1556 square metres. The balance of the site consists of surface parking and landscaping. Site Plan approval was granted on January 19, 2005 for an 896‑square metre expansion to the existing annex building and to allow the construction of a new retail pad with a gross floor area of 604 square metres to be located at the corner of Eagleson Road and Abbeyhill Drive. Low-density residential uses are located to the south and west of the site. The Greenbelt is located to the east side of the site across Eagleson Road. Commercial uses are located adjacent to the site on Hazeldean Road.
Purpose of
Zoning Amendment
An application to allow for existing retail uses currently permitted in the major shopping centre to be applicable to the entire site including the minor shopping plaza known as the annex building. The applicant is also requesting to amend the current zoning limitations for the annex building and to amend the current definition of “clinic” as detailed in Document 2.
The site is zoned AM2[224] H(20) – Arterial Mainstreet Subzone Two Exception 224 under the
Comprehensive Zoning By-law which allows for similar commercial uses to the former City of Kanata Zoning By-law 169-93 and limited residential uses.
The Site is zoned CG-1 – General Commercial Exception Zone One under former City of Kanata Zoning By-law 169-93. The CG-1 Zone allows for a variety of non-residential uses including business office, restaurant, retail store, and shopping centre.
The applicant is proposing to amend Zoning By-law 2008-250 and former City of Kanata Zoning By-law to allow for additional permitted uses, to amend the current zoning limitations for the annex building and to amend the current definition of “clinic” as detailed in Document 2.
DISCUSSION
The site
is designated ‘General Urban Area’ in the Official Plan with an
‘Arterial Mainstreet’ overlay along Hazeldean Road. The proposed Zoning
By-law amendment meets the policies of Section 3.6.1 ‘General Urban Area’
designation which permits the development of a full range of housing types in
combination with employment, retail, service, cultural, leisure, entertainment
and institutional uses. In particular, the designation permits uses that may
generate traffic, noise or other impacts that have the potential to create
conflicts with the surrounding residential community. However, anticipated
impacts must be adequately mitigated. The existing building orientation,
massing and design, and the presence of mitigating circumstances such as
changes in topography must be taken into account when determining a suitable
location for such uses (Policy 3.6.1.5b). Due to the topography of the site,
particularly in the area of the annex building, only the second floor of the
annex building is visible from the Mall parking lot. The significant change in
topography also helps mitigate any impacts of the second floor uses on the
residential area to the south. The applicant has agreed to prohibit restaurant
uses on the lower level of the annex building to ensure compatibility with the
residential properties located on the south side of Abbeyhill Drive.
According
to Policy 3.6.3 (3), the Arterial Mainstreet designation permits a range of
uses including retail and service commercial uses, offices, residential and
institutional uses. The proposed additional uses would conform to the policies
and permitted uses of the General Urban Area and Arterial Mainstreet land use
designations.
Section
4.11 of the Official Plan outlines objective criteria that can be used to
evaluate compatibility at the scale of neighbourhoods or individual properties.
In reviewing these criteria with respect to the proposed amendment staff have
confirmed that the on-site parking is adequate and the new uses will not cause
spillover parking on adjacent areas. The height and massing of the annex
building will not change, and will continue to provide a buffer between the
parking lot and the residential uses along Abbeyhill Drive. In addition, the
existing tree stand will remain, providing additional buffer between the annex
building and the residences along Abbeyhill Drive. The outdoor storage for
garbage will be entirely screened and enclosed. The impact of the loading zone
is mitigated by the fact that it is located on the west end of the upper level
and is buffered by the existing landscaping, including mature trees. In regards
to the adaptive re-use of the annex building, concerns regarding odour will be
mitigated through new building technologies and devices (i.e. an ecologizer).
Specifics pertaining to building enhancements to address noise and odour concerns
will be made through an amendment to the Site Plan Control Agreement.
The site is zoned CG-1 – General Commercial Exception Zone One under the former City of Kanata Zoning By-law. The CG-1 Zone allows for a variety of non-residential uses including business office, restaurant, retail store, and shopping centre. The CG-1 Zone currently restricts the permitted uses in the annex building. The former City of Kanata Zoning By-law stipulates that the lower level of the annex shall only be used for the purpose of offices, business or professional uses and the upper level shall only be used for a limited commercial uses, including a bank, office, personal service shop, retail store excluding convenience store, and fitness studio limited in area to 150 square metres. The former City of Kanata Zoning By-law also contains specific requirements related to loading facilities for the annex building, allows for a video recreation centre in the main shopping centre and allows for a maximum gross leasable area 23, 801 square metres on the subject site.
The site is zoned AM2[224] H(20)
– Arterial Mainstreet Subzone Two Exception 224 under Zoning By-law 2008-250
which allows for similar commercial uses to the former City of Kanata Zoning
By-law and limited residential uses. Zoning By-law 2008-250 also contains the
same zoning restrictions pertaining to the annex building located on-site. The
applicant is proposing to amend former City of Kanata Zoning By-law and Zoning
By-law 2008-250 to allow for additional permitted uses, to amend current zoning
limitations for the annex building, to amend the current definition of “clinic”
and to remove any size restrictions for permitted uses. As a result, all of the
uses currently permitted in the shopping centre would also be permitted in the
annex building with limitations for the lower level of the building and the
size of individual uses will not be restricted.
Details of Changes to Zoning
By-law 2008-250
The applicant is proposing to add the following uses to Zoning By-law 2008-250 to reflect the uses currently permitted in the former City of Kanata Zoning By-law; amusement centre (limited to the main shopping centre), cinema, recreational and athletic facility and commercial use. New restrictions are also proposed as follows: a restaurant use, small batch brewery and a drive-through facility shall not be permitted in the lower level of the Annex building and an outdoor commercial patio shall not be permitted on the south side of the Annex building.
Details of Changes to former City
of Kanata Zoning By-law
The applicant is proposing to add
the following uses to the former City of Kanata Zoning By-law to reflect the
uses now permitted in Zoning By-law 2008-250 as follows: animal hospital,
commercial patio, day nursery, fitness studio and merchandise service shop. The
applicant is also proposing to add retail or wholesale outlet as permitted use.
In order to allow for flexibility in the size of clinic that can be established
on site, the applicant is also proposing to amend the definition of “clinic” to
allow for one or more legally qualified physicians, dentists, optometrists,
chiropodists, chiropractitioners, or drugless practitioners instead of the
current requirement for two or more.
The proposed Zoning By-law amendment meets the intent of both City of Ottawa Zoning By-law 2008-250 and the former City of Kanata Zoning By-law 169-93 on the basis that the uses currently permitted in the main shopping centre will now be permitted in the annex building. Site-specific restrictions to ensure that the annex remains compatible with the residential properties located to the south have been included in the details of recommended zoning (Document 2). Amendments to the site plan agreement have also been made to ensure the additional permitted uses are compatible with the surrounding community.
A traffic report dated August 5, 2008 was prepared to assess the impact of the change of uses. The report identified the following related to the additional restaurant use as proposed by the applicant:
· The proposed 600 square metre restaurant land use would generate a two-way total of 91 and 150 veh/h during the weekday pm and Saturday afternoon peak hours, respectively. Of these trips approximately 51 and 84 veh/h would consist of new trips (ie. Not pass by or shared trips with the existing mall.) An average 600‑square metre as–of–right land use would generate approximately 30 and 36 veh/h during the weekday pm and Saturday peak hours, respectively. Thus, the net increase in new trips is approximately 21 and 48 veh/h. The impact of these trips on the existing transportation network would be relatively insignificant.
A resident also expressed concern regarding traffic volumes on Carbrooke Street located along the western side of the property. The City of Ottawa’s Safety and Traffic Services Division completed an “In-Service Review” of traffic operations in June 2004 for Carbrooke Street. The report identified the following recommendations:
· The Department recommends that the installation of additional traffic control measures not be considered on Carbrooke Street at this time. As noted in Section 5.0 seven (7) collisions occurred on the street during the previous six-year time period. Two (2) of these collisions occurred on the section of the street adjacent to the existing residential dwelling units. This low number of collisions indicates that traffic operations are being undertaken in a satisfactory manner along the street at this time. The only action recommended at this time is for the homeowners/residents on the street to submit a petition to the City, to formally request an “Area Traffic Management (ATM) Study” study be undertaken on the street in the future.
No formal petition was submitted to the City to request an ATM study for Carbrooke Street. The In-Service Review clearly indicates that the existing traffic control measures sufficiently deal with the traffic volumes on Carbrooke Street.
Both the traffic study prepared on behalf of the applicant and the In-Service Review completed by the City in June 2004 for Carbrooke Street indicate that the existing traffic volumes are being accommodated, and that the proposed change of use will not create a significant increase in traffic volumes. Therefore in both reports it is concluded that no additional traffic control measures are warranted in support of the proposed Zoning By-law amendment.
Staff have been advised that previous uses and events on-site have caused concerns regarding noise and odour. Appropriate conditions have been included in the site plan agreement pertaining to the annex building and new freestanding building in order to address concerns regarding potential noise and odours associated with a restaurant use (see Document 3).
Conclusions
The Zoning By-law amendment is consistent with the policies of the Official Plan and the intent of both subject Zoning By-laws.
The rezoning application is proposed to allow for existing retail uses currently permitted in the major shopping centre to be applicable to the entire site including the minor shopping plaza known as the annex building. The applicant is also requesting to amend the current zoning limitations for the annex building and to amend the current definition of “clinic” as detailed in Document 2. The rezoning application will allow for additional flexibility in the permitted uses for the Annex building, with specific provisions in the site-specific exception zone to ensure that all of the residents concerns have been addressed.
The applicant has agreed to prohibit a restaurant use, a take-out restaurant use, a small-batch brewery and a drive-through facility from the lower level of the annex building, and has also agreed to prohibit automotive related uses for the entire mall site including an automobile service station, an automobile dealership, a car wash, an automobile service station, an automobile rental establishment and a gas bar as currently permitted in Zoning By-law 2008-250. These amendments have been made to address resident concerns and to ensure that the Annex building continues to be compatible with the existing residential dwellings located to the south. The site plan agreement relating to the Annex building and retail pad has also been amended to ensure that noise and odour concerns will be addressed.
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. Public comments are detailed in Document 4.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Site Plan Agreement
Conditions
Document 4 Consultation Details
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner, Bentall Retail on behalf of Westpen Properties Ltd. Attn: David Dorans, 300 Eagleson Road, Kanata, ON. K2M 1C9, applicant, FoTenn Consultants Inc, Attn: Nadia DeSanti, 223 McLeod Street, Ottawa, ON. K2P 0Z8, 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
Proposed
Changes to the Comprehensive Zoning By-law
1. That
By-law No. 2008-250, as amended, be further amended insofar as to modify and
revise the
text of Section 239, Exception 224 as follows:
(a) Column III -
-
Add the words “In accordance with Column V” after the words “amusement centre”
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Add “commercial use” as a permitted use
(b) Column IV - add the following prohibited
uses:
- automobile service station
- automobile dealership
- car wash
- automobile service station
- automobile rental establishment
- gas bar
(c) Column V - Delete text and replace with the
following:
- The maximum gross leasable floor area is 23,801 m²
- The minimum number of on-site parking spaces to be provided is 1149, which may be reduced by 25 parking spaces for each bus loading area provided
- An amusement centre is limited to the main shopping centre and is not permitted in the southerly Annex building.
- No use permitted in the Annex building located
nearest the southerly limit of this site shall be permitted which requires
loading facilities other than normal ground-level doors for the receiving,
shipping, loading or unloading of goods, wares, merchandise or materials.
Access to loading spaces for both lower and upper levels shall be from parking
areas approaches internal to the site and not from Abbeyhill Drive.
- A restaurant use, small batch
brewery and a drive-through
facility shall not be permitted in the
lower level of the Annex building located nearest the southerly limit of this
site.
- An outdoor commercial patio shall not be permitted on the south side of the Annex building.
Proposed
Changes to By-law 169-93
1. To
amend Section 10 (3)(a) of By-law No. 169-93, to read as follows:
(3) (a) to
read as follows:
(a) The following additional uses are
permitted:
• animal hospital
• commercial
patio
• day
nursery
• fitness
studio
• merchandise
service shop
• retail
or wholesale outlet
(b) The
following uses are prohibited in the lower level of the Annex building abutting
Abbeyhill Drive:
• a restaurant
• a commercial patio
• a
take-out restaurant
(c) The text in Subclause 10(3)(a)(ii) is
deleted and replaced with the following:
No
use permitted in the free standing building located nearest the southerly limit
of this site shall be permitted which requires loading facilities other than
normal ground-level doors for the receiving, shipping, loading or unloading of
goods, wares, merchandise or materials. Access to loading spaces for both lower
and upper levels shall be from parking areas approaches internal to the site
and not from Abbeyhill Drive.
(d) Despite
the definition of “Clinic” in Section 2, on lands zoned CG-1 a “Clinic” may be
operated by one or more legally qualified physicians, dentists, optometrists,
chiropodists, chiropractitioners or drugless practitioners, together with their
qualified assistants;
SITE PLAN AGREEMENT CONDITIONS DOCUMENT
3
1. All
garbage for the annex building and the new freestanding building must be contained
in the approved garbage enclosure as illustrated in the approved Site Plan,
Hazeldean Mall , SP.01 prepared by Robert J. Woodman Architects, dated March
19/04, revised Dec. 23, 2004. Garbage pick-up shall occur at regular intervals,
during the months of November to March and will be increased to no less that
three times per week in the months April to October, for the Annex building and
the new freestanding building. Should an odour issue be realized thereafter,
the landowner shall agree to undertake, with the City, a mutually agreeable
resolution.
2. Prior to the issuance of a building permit
for a restaurant tenant fit-up for the annex building located in the south east
corner of the site, the Owner shall provide detailed plans to the Building
Services Branch and the Planning Branch demonstrating that the following item
has been addressed:
- The Owner shall
refit the annex building with an ecologizer mechanical air treatment
system to remove the grease and decrease the odours released into the
community. This system will be vented to the front of the building
towards the mall and will be screened from the residential area to the
south to the satisfaction of the Director, Planning Branch.
3. Prior to the release of financial securities for the annex building the Owner agrees to address the issue of noise radiation from the windows on the upper level of the annex, based on a noise report to be prepared by a professional engineer and implement any recommended measures to the satisfaction of the Director, Planning Branch.
4. If a Building permit is submitted for a Restaurant use in the new freestanding building located at the intersection of Abbeyhill Drive and Hazeldean Road the requirements outlined in Condition 12 shall apply to the retail pad.
CONSULTATION DETAILS DOCUMENT
4
NOTIFICATION AND CONSULTATION PROCESS
Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments.
PUBLIC COMMENTS
Comment – Concerned with a
restaurant use in the annex building generating additional noise.
Response – In order to address residents concerns regarding the potential for additional noise the site plan agreement has been amended to ensure that noise and odour concerns are addressed and mitigated by the owner. The following condition has been added to the site plan agreement to address noise concerns:
“Prior to the release of financial securities for the annex building the Owner agrees to address the issue of noise radiation from the windows on the upper level of the annex, based on a noise report to be prepared by a professional engineer and implement any recommended measures to the satisfaction of the Director, Planning Branch.”
Additional regulatory noise control is provided by way of the City of Ottawa Noise Control By-law (By-law No. 2004-253). The Noise By-law restricts the times that businesses can generate noise between 7:00 AM and 9:00 PM during the week and between 9:00 AM and 9:00 PM on weekends.
Comment – Concerned that any
restaurant uses in the annex building will generate additional odours.
Response – In order to address residents concerns regarding potential odours associated with a restaurant use in the annex building the site plan agreement has been amended to ensure that noise and odour concerns are addressed prior to the issuance of a building permit for a tenant fit up. The following condition has been included in the site plan agreement:
Prior to the issuance of a building permit for a restaurant tenant
fit-up for the annex building located in the south east corner of the site, the
Owner shall provide detailed plans to the Building Services Branch and the
Planning Branch demonstrating that the following item has been addressed:
a) The Owner shall refit the annex building
with an ecologizer mechanical air treatment system to remove the grease and
decrease the odours released into the community. This system will be
vented to the front of the building towards the mall and will be screened from
the residential area to the south to the satisfaction of the Director, Planning
Branch.
Comment
– Concern regarding automotive related uses originally proposed by the
applicant.
Response – The applicant has agreed to prohibit the following automotive related uses on site in both Zoning By-law 2008-250 and the former City of Kanata Zoning By-law 169-93. The following uses will be prohibited:
- automobile service station
- automobile dealership
- car wash
- automobile service station
- automobile rental establishment
- gas bar
Due to concerns regarding a Drive-in Restaurant the applicant has also agreed to exclude this use from the permitted uses for the subject property. A Drive Thru Facility is currently permitted in the former City of Kanata Zoning By-law as an accessory use to a Restaurant and or retail use and is also permitted in the City of Ottawa Zoning By-law. In order to address concerns regarding a drive-through adjacent to the residential properties located on Abbeyhill Drive, a Drive-through facility is prohibited on the lower level of the Annex building.
The Councillor has been made aware of all resident concerns, and has requested that the lower level of the annex building be prohibited from having a restaurant use.
Response - The applicant has agreed to amend their request to prohibit the lower level of the annex building from being used for a restaurant use.
COMMUNITY ORGANIZATION COMMENTS
The Glen Cairn Community Association is in support of the application, as it will enable the Mall to proceed with finding new ways to serve the community.