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1. ZONING - 475 TERRY FOX DRIVE ZONAGE - 475,
PROMENADE TERRY-FOX |
Committee recommendationS as
amended
That Council:
1. Approve
an amendment to the Zoning By-law 2008-250 to change the zoning of 475 Terry
Fox Drive from DR (Development Reserve) and O1 (Parks and Open Space) to LC
[xxxx] H(11.0) (Local Commercial – Exception xxxx – Height 11.0 metres), as
shown in Document 1 and detailed in Document 2;
2. That “convenient store” be added to
Document 1, Column IV, Land Uses Prohibited;
3. That a provision be added to
restrict any building to a maximum of two storeys;
4. And that there be no further notice
pursuant to Section 34 (17) of the Planning Act.
RecommandationS MODIFIÉES DU Comité
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil :
1.
Approuve
une modification au Règlement de zonage no 2008-250 en vue de
changer le zonage de la propriété située au 475, promenade Terry-Fox, de DR
(Zone d’aménagement futur) et O1 (Zone de parc et d’espace vert) à LC [xxxx]
H(11.0) (Zone de commerces locaux – exception xxxx – hauteur de 11.0 mètres),
comme le montre le document 1 et l’explique le document 2;
2. Que
le mot « dépanneur » soit ajouté à la colonne IV, Utilisations du sol
interdites.
3. Que
soit ajoutée une disposition visant à limiter à deux étages la hauteur des
immeubles;
4. Et
qu’aucun autre avis ne soit donné, conformément au paragraphe 34 (17) de la Loi
sur l’aménagement du territoire.
Documentation
1.
Deputy
City Manager’s report, Infrastructure Services and Community Sustainability
dated 4 August 2009 (ACS2009-ICS-PGM-0141).
2. Extract
of Draft Minutes, 25 August 2009.
Report to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
04 August 2009 / le 04 août 2009
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe
Infrastructure Services and Community Sustainability
Services d’infrastructure et Viabilité des collectivités
Contact Person/Personne-ressource : Michael Wildman,
Manager/Gestionnaire, Development Review-Suburban Services/Examen des projets
d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et
Gestion de la croissance
(613) 580-2424, 27811 Mike.Wildman@ottawa.ca
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SUBJECT: |
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OBJET : |
ZONAGE - 475,
promenade Terry-Fox
(Dossier no D02-02-08-0130) |
REPORT RECOMMENDATION
That the recommend Council approve an
amendment to the Zoning By-law 2008-250 to change the zoning of 475 Terry Fox
Drive from DR (Development Reserve) and O1 (Parks and Open Space) to LC [xxxx]
H(11.0) (Local Commercial – Exception xxxx – Height 11.0 metres), as shown in
Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’approuver une modification au Règlement
de zonage no 2008-250 en vue de changer le zonage de la
propriété située au 475, promenade Terry-Fox, de DR (Zone d’aménagement futur)
et O1 (Zone de parc et d’espace vert) à LC [xxxx] H(11.0) (Zone de commerces
locaux – exception xxxx – hauteur de 11.0 mètres), comme le montre le document
1 et l’explique le document 2.
BACKGROUND
The site is located at 475 Terry Fox Drive, which is on the southeast corner of Terry Fox Drive and Kanata Avenue. The one-hectare site is currently undeveloped and is covered with grass and light vegetation. It is surrounded to the east by existing low-density residential, to the north by a residential/commercial subdivision under development, and to the south and west by a stormwater management facility and the Carp River.
The eastern portion of the site was previously intended to form part of the extension of Terry Fox Drive. However, after a change to the proposed routing, the lands were no longer required. The lands were sold by the City to the owner of the remainder of the adjacent lands in 2008.
The current zoning on the site is O1 (Parks and Open Space) and DR (Development Reserve). The site is designated as General Urban Area on Schedule B of the Official Plan
Purpose
of Zoning Amendment
The applicant wishes to proceed with a commercial development consisting of approximately 2400 square metres in gross floor area on the site. The existing O1 and DR zones do not permit new commercial development, thus a Zoning By-law amendment application is required in order change the zoning to a zone that permits the proposed use.
The proposed
zoning for the site is LC [xxxx] H(11.0) (Local Commercial – Exception xxxx –
Height 11.0 metres). The LC zone
permits a range of locally-oriented convenience and service uses as well as
some residential uses. An exception is
proposed to address site-specific concerns.
Concept Plan
The applicant provided a concept plan with the application, which is shown in Document 3. The plan is intended to demonstrate how the site could develop for the purposes of discussion of the proposed zoning. Details of the plan will be considered during a subsequent Site Plan Control process.
DISCUSSION
Planning Act and Provincial
Policy Statement
Section 2 of the Planning Act outlines those land use matters
that are of provincial interest, for which all City planning decisions shall
have regard. The provincial interests
that apply to this site are: provision of a full range of housing and
employment opportunities; the appropriate location of growth and development;
and the promotion of development that is designed to be sustainable to support
public transit and to be oriented to pedestrians. In addition, the Planning Act requires that all City planning
decisions be consistent with the Provincial Policy Statement (PPS), a document
that provides further policies on matters of provincial interest related to
land use development. PPS policies indicate that there
should be an appropriate mix of uses to support strong, liveable, and healthy
communities, and densities that efficiently use land and support alternative transport modes.
The proposed zoning allows for a mix of residential and locally-oriented commercial uses, which will efficiently use land and contribute to a balanced community. The site is located at the confluence of an arterial road (Terry Fox Drive) and a major collector road (Kanata Avenue), which provide good access and a focus for mixed-use development. The site is conveniently located near adjacent communities via pathways and transit stops to allow for access by pedestrians and transit. Staff conclude that the proposal is consistent with the matters of provincial interest as outlined in the Planning Act and PPS.
Official Plan
Land Use
The site is designated as “General Urban Area” on Schedule B of the Official Plan. The intent of this designation is to provide a range of housing types in combination with conveniently located employment, retail, service, cultural, leisure, entertainment, and institutional uses. Employment, service, residential, and retail uses are all permitted uses within the General Urban Area. The proposed zoning will allow for additional convenient services and retail to the surrounding residential community, as well as permit some residential uses that contribute to a diverse community. The proposed uses are permitted in the General Urban Area, and conform to the policies for this land use designation.
Compatibility and Design
Sections 2.5.1 and 4.11 of the Official Plan outline the objectives and
policies for compatible development.
Among the considerations are building height and massing, pattern of
surrounding community, location of loading/service/outdoor storage areas, noise
and air quality, lighting, and relationship to supporting community
services. In addition, the Urban Design
Guidelines for Greenfield Neighbourhoods includes direction on the form and
design of development in new communities.
Specifically, the guidelines promote the use of a landscaped buffer
between residential areas and the service areas, and direction of
non-residential buildings to locate close to the street edge, with public access
from the street.
Given that the site directly abuts an existing residential community,
thus there is the potential for compatibility issues as a result of the
differing uses. In addition, several
comments from the surrounding residential community were received in relation
to compatibility concerns.
The proposed zoning includes a requirement for a 7.5m landscaped strip along the rear of the site abutting the neighbouring residential development. Details of the landscaped strip, such as the inclusion of a berm, fence, and plantings, will be determined during the Site Plan Control process. In addition, the proposed zoning includes a special provision restricting the location of garbage/refuse collection so as to reduce the impacts on the adjacent residential. The intent of these provisions is to provide a buffer between the proposed development and the existing residential development, thereby reducing the potential for aesthetic, noise, odour, and lighting impacts.
The proposed building height will permit a three-storey building, which is consistent with that permitted in the adjacent residential zones. Given that commercial uses generally require a slightly greater floor-to-ceiling height on the main floor, some minor flexibility has been included within the maximum height.
The proposed zoning includes a greater restriction on the total size of the commercial uses than in the parent LC (Local Commercial) zone. This will encourage smaller uses and thus ensure that the development is more oriented to serve the local community, as well as reducing the potential impacts on surrounding neighbourhoods.
Fast-food and take-out restaurants are prohibited by a restrictive covenant on the lands. It is recommended that only full-service restaurants be permitted, with their location being restricted to 40 metres from the adjacent residential zone in order to reduce the potential for adverse impacts. The proposed zoning also permits some residential uses, which not only satisfies the General Urban Area policies for a mix of uses, but will also allow for the potential for greater compatibility between the site and surrounding residential uses.
As a result of the above, the proposed development is considered to be compatible with the surrounding forms of development.
Other Issues
Other site-related issues such as fencing, landscaping, servicing, site access, and noise attenuation will be addressed during the Site Plan Control process.
Summary
The proposed zoning allows for a mix of
low-rise, locally-oriented commercial uses as well as limited residential
uses. The proposal is consistent with
the Planning Act, as well as PPS and Official Plan policies that promote
efficient use of land and resources, provision of a mix of uses and housing
types, and promotion of alternate transportation modes. The proposed development and recommended
zoning have been demonstrated to be compatible with adjacent and nearby
development through the use of specific provisions for buffering, use size, and
use location restrictions. In light of
the discussion above, staff recommend approval of this application and the
details of zoning as included in Document 2.
ENVIRONMENTAL IMPLICATIONS
The Mississippi Valley Conservation Authority and City staff have indicated that there are no issues from an environmental point of view regarding the proposed Zoning By-law Amendment. Further review of environment impacts will occur during the Site Plan process.
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.
LEGAL/RISK MANAGEMENT IMPLICATIONS
It is anticipated that a hearing with respect to this matter would require an estimated three days. If the staff recommendation were not adopted, an outside planner would need to be retained at an approximate cost of $30,000 to $35,000.
FINANCIAL IMPLICATIONS
There are no direct financial implications
associated with this report.
APPLICATION PROCESS TIMELINE STATUS
The application was not processedby the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the need to resolve issues with adjacent uses and compatibility.
SUPPORTING DOCUMENTATION
Document 1 Proposed Zoning Map
Document 2 Details of Recommended Zoning
Document 3 Concept Plan
Document 4 Consultation Details
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner, Phoenix Commercial Properties Inc, 18 Bentley Avenue, Ottawa, ON, K2E 6T8, applicant, Bill Holzman, Holzman Consultants Inc, 1076 Castle Hill Crescent, Ottawa, ON K2C 2A8, 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.
Infrastructure Services and Community Sustainability 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.
PROPOSED
ZONING MAP DOCUMENT 1
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
1. The Zoning Map of City of Ottawa Zoning By-law Number 2008-250 is amended by changing the zoning of the lands known municipally 475 Terry Fox Drive from DR (Development Reserve) and O1 (Parks and Open Space) to LC [xxxx] H(11.0) (Local Commercial – Exception xxxx – Height 11.0 metres) as shown on Document 1;
2. Add a new exception and provisions to Section 239 as follows:
· Column III: Additional land uses permitted:
o
residential care facility
· Column IV: Land uses prohibited:
o
fast-food restaurant
o
take-out restaurant
· Column V: Provisions:
o For non-residential uses listed in Section 189(1), the total area occupied by all the separate occupancies combined shall not exceed a gross leasable area of 2,400 square metres;
o a full-service restaurant is not permitted within 40 metres of a residential zone;
o each retail food store shall not exceed 500 square metres;
o 50% of the length of any building wall within 6m of a public street must consist of windows or doors;
o Minimum width of landscaped area abutting a residential zone: 7.5m;
o Refuse collection areas must be:
§ located within a building if within 10 metres of a lot line abutting a residential zone; or
§ fully enclosed if it is 10 metres or further from a lot line abutting a residential zone.
CONCEPT PLAN DOCUMENT 3
CONSULTATION DETAILS DOCUMENT
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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. No formal public meetings were held, however, the Ward Councillor discussed the application at Ward Council meetings.
PUBLIC COMMENTS
Comment:
We request, in the strongest possible terms, that the following services be prohibited on the site: convenience stores, restaurants, retail food stores, and residential uses.
Staff Response:
The General Urban Area designation allows for all the above uses, and specifically promotes service and retail uses in proximity to residential, and a mix of residential types.
Comment:
We request that building(s) permitted on the site not exceed one storey in height, specifically no more than 4 meters.
Staff Response:
The proposed building height is in keeping with the maximum allowable heights in the surrounding zones.
Comment:
The proposed building area of 30,929 square feet is far too large for the site. We believe that the building area should not exceed a maximum of 20,000 square feet.
Staff Response:
The recommended zoning includes a special provision requiring that non-residential uses not exceed 2400 square metres (25824 square feet) of gross leasable area. This restriction addresses concerns with overdevelopment of the site, yet is consistent with the size limitations in the parent LC zone.
Comment:
We are considering the site plan and will want to have full information given to us, and input on, the placement of the buildings - backing onto our properties or abutting Terry Fox - to have the least impact on us from the noise of cars entering and leaving, car doors slamming, air conditioning systems, truck deliveries and other considerations. We will also want to understand the exact grading of the property and its implications for our site lines on the commercial development.
Staff Response:
Special zoning provisions have been included which will reduce the potential for negative impacts of commercial site operations on the adjacent residential uses. Noise, site access, parking and building location, fencing, grading, and other site details will be addressed through a future Site Plan Control application. The subject site is, on average, two (2) metres lower than the adjacent residential lots.
Comment:
We will want a minimum of six meters setback between our properties and the back of the development.
Staff Response:
The proposed zoning includes a 7.5 metre setback and landscape strip requirement.
Comment:
We will want a berm and significant mature landscaping/a living fence to buffer us from the site. In addition, any development must take into consideration the fact that the soundproofing fence installed by our developer at the back of our properties was not done at the proper grade along many of our properties and thus does not and will not fulfill its function and must be corrected for noise and drainage reasons.
Staff Response:
These items will be addressed as part of the Site Plan Control process.
Comment:
Seeking to change the zoning of this area feels like a violation of the very principles of zoning in the first place, which was surely to provide peace and quiet, along with natural beauty. If the owner had intended to develop the area all along, they should have had it zoned accordingly before they sold all the homes.
Staff Response:
The portion of the lands that are zoned as O1 (Parks and Open Space) is the former future Terry Fox Drive right-of-way, which is no longer required for the extension of that road. The lands were never considered to be City parkland. The remainder of the site always has been privately owned and intended for development. The intent of the Zoning By-law amendment process is to allow for changes to the Zoning By-law if the proposed change is considered to be appropriate.
Comment:
Restaurants and convenience stores will draw young people to hang out, create light pollution, noise, and odours, attract animals, and create a security issue.
Staff Response:
Take-out and fast-food restaurants are not permitted in the proposed zoning. The proposed zoning includes restrictions on location of restaurants and garbage. Light, noise, and security concerns will be addressed through the Site Plan Control process.
Comment:
Our property was chosen because of the view from our back yards. Any multi-storey building would greatly diminish our view and privacy.
Staff Response:
The lands have been within the Urban Boundary and the General Urban Area since 2003, and have been intended for urban development. Given the Provincial and Official Plan policies for the efficient use of land, staff do not support a restriction on building height of one-storey.
COUNCILLOR’S COMMENTS
Councillor Wilkinson indicated her support for the concerns of the adjacent residents, summarized above.
COMMUNITY ORGANIZATION COMMENTS
The Kanata Lakes Community Association Comments:
Comment:
What is the rationale for more apartments and retirement homes when we have several of these operating, in the planning stage, or under construction?
Staff Response:
The General Urban Area allows for all types and densities of residential development in conjunction with conveniently-located retail and services.
Comment:
We will push for a larger than normal buffer between the edge of the site, with trees and vegetation.
Staff Response:
The proposed zoning includes the requirement for a 7.5m landscaped strip adjacent residential uses, which is not normally required.