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1. ZONING - 150 AND 160 TERENCE MATTHEWS CRESCENT
ZONAGE - 150 et 160, croissant terence matthews
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Committee recommendation
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 150 and 160 Terence Matthews Crescent from Business Park Industrial Subzone Four (IP4) to Business Park Industrial Subzone Four, Exception Zone (IP4 [XXXX]), as shown on Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Conseil d’approuve une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage du 150 et du 160, croissant Terence-Matthews, de sous-zone 4 de parc industriel et d’affaires (IP4), à zone d’exception à la sous-zone 4 de parc industriel et d’affaires (IP4 [XXXX]), comme l’illustre le document 1 et le précise le document 2.
DOCUMENTATION
1. Deputy City Manager’s report, Infrastructure Services and Community Sustainability, dated 21 May 2010 (ACS2010-ICS-PGM-0101).
2. Extract of Draft Minutes dated June 8 2010.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
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: |
ZONING - 150 and 160 Terence Matthews Crescent (FILE No. D02-02-09-0087) |
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OBJET : |
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 150 and 160 Terence Matthews Crescent from Business Park Industrial Subzone Four (IP4) to Business Park Industrial Subzone Four, Exception Zone (IP4 [XXXX]), as shown on Document 1 and as detailed in Document 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage du 150 et du 160, croissant Terence-Matthews, de sous-zone 4 de parc industriel et d’affaires (IP4), à zone d’exception à la sous-zone 4 de parc industriel et d’affaires (IP4 [XXXX]), comme l’illustre le document 1 et le précise le document 2.
BACKGROUND
The subject site is located on the north side of Terence Matthews Crescent in the Kanata South Business Park. The site has 100 metres of frontage, an average depth of 88 metres, and a lot area of 0.88 hectares. Site Plan approval was granted in 2005 for the construction of two, two-storey multi-tenant buildings. The buildings were recently constructed and are partially occupied. The cumulative total area of both buildings is 3628 square metres. A total of 127 parking spaces are provided on-site. The surrounding properties encompass a variety of land uses, including light industrial uses, office uses, a health and fitness centre, and semi-detached homes within the Glen Cairn community situated immediately to the north of the Trans-Canada Trail that divides the community from the business park.
Existing Zoning
The subject site is currently zoned Business Park Industrial Subzone 4 (IP4) which allows for a variety of industrial, office and ancillary uses including broadcasting station, daycare, emergency service, light industrial uses, office (limited to a total gross floor area of 5,500 square metres), printing plant, production studio, research and development centre, service and repair shop, small batch brewery, technology industry, training centre and warehouse. In addition to the main uses permitted in the Kanata South Business Park, a park and a full-service restaurant are also permitted, provided the cumulative total gross floor area for these uses does not exceed 2,999 square metres and also provided each use does not exceed 300 square metres of gross floor area.
Purpose of Zoning Amendment
The applicant is proposing to amend the current zoning in effect over the subject site by adding a site-specific exception zone to allow for additional uses. The initial proposal to amend the existing Business Park Industrial Subzone 4 (IP4) was to add a site-specific exception to allow for a medical facility, automobile rental establishment, and an art gallery. It also proposed to allow for an animal care establishment, animal hospital, bank, bank machine, convenience store, instructional facility, personal service business and a post office provided the cumulative total gross floor area did not exceed 2,999 square metres, and also provided each use did not exceed 300 square metres of gross floor area.
As a result of the consultation with the community and upon the input of staff, the owner now proposes a revised amendment. The revised amendment proposes a limited list of additional permitted uses which are proposed to be limited in size. Staff recommends a medical facility, retail store limited to an art gallery, an instructional facility and a post-office be permitted as additional uses subject to site specific limitations.
DISCUSSION
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 the adequate provision of employment opportunities. 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. Section 1.3 of the PPS addresses employment areas. Specifically, planning authorities are to promote economic development and competitiveness by providing an appropriate mix and range of industrial, commercial and institutional uses in employment areas to meet long term needs. In addition, municipalities are to provide opportunities for a diversified economic base and employment opportunities by supporting a wide range of economic activities and ancillary uses.
The additional uses proposed for the subject site meet the intent of both the Planning Act and the Provincial Policy Statement on the basis that they are ancillary uses that support employment and are appropriate in an Enterprise Area.
The subject site is designated Enterprise Area on Schedule B of the Official Plan. The Enterprise Area designation allows for a variety of industrial and employment generating uses such as warehousing and distribution, manufacturing, communications, storage, construction, office, institutional, and research and development uses. Enterprise areas also allow for a variety of complementary uses such as recreational, health and fitness uses, childcare and service commercial uses.
The additional uses proposed for the site meet the intent of the Official Plan on the basis that they are compatible ancillary uses that are appropriate in an Enterprise Area.
Rationale
The site was developed in 2006 as two multi-occupancy business park/industrial buildings with a common parking area located in between the two buildings. Access to the site is provided by way of two vehicular entrances from Terence Matthews Crescent, which lead to a parking area that accommodates 127 parking spaces. The site has been designed in accordance with Zoning By-law requirements, and is intended to support a range of uses and functions. All site works have been completed, and are functioning as intended.
The proposed additional uses which include a medical facility, art gallery, instructional facility and post-office are not anticipated to have an impact on the vacant employment lands in the Kanata South Business Park, on the basis that the zoning amendment is site specific and the site has already been developed. The proposed amendment should not impact any other sites in the business park, and in staff’s opinion, is not expected to impede the ability of the business park to attract additional employment. The proposed additional uses are intended to enhance and complement the existing uses in the business park, and not to take away future employment opportunities.
The additional uses are also compatible with the surrounding land uses. The surrounding properties encompass a variety of land uses, including light industrial uses, office uses, a health and fitness centre, and residential uses. The proposed uses are not considered to be noxious uses which generate excessive noise, light and odour. They are all consistent with the types of uses permitted in an industrial business park, and are not incompatible with the residential uses located to the north of the subject site. The business park is buffered from the Glen Cairn residential community by the Trans-Canada Trail and a vegetated berm. This creates an effective visual and physical separation between the business park and the residential uses. All four proposed uses do not generate any additional forms of nuisance beyond that generated by the currently permitted uses in the IP4 Zone.
The first proposed additional use is a medical facility. A medical facility is a specialized form of office use and is currently permitted in the IP zone as it is considered a suitable and compatible use for an industrial business park. Medical facilities are commonly located in Enterprise Areas, and are currently permitted along Cope Drive and Eagleson Road in the Kanata South Business Park. Medical facilities are also permitted in the Kanata North Business Park. Nonetheless, to ensure that a medical facility remains a complementary use, a cumulative gross floor area of 500 square metres is proposed for the use.
The second proposed additional use is an art gallery. An art gallery is also arguably a complementary service commercial use appropriate for a business park. The use is similar in nature to other complementary uses currently permitted in the IP4 designation, including a full-service restaurant, a production studio and a small-batch brewery. An art gallery will not generate any form of nuisance or be incompatible with the office and light industrial uses currently permitted on the subject site, or the adjacent residential community. The Kanata Civic Art Gallery is located at the Mlacak Centre in the Kanata North Ward and is currently situated in a Community Leisure Facility Zone (L1). It is the only other art gallery located in Kanata. Art galleries are not defined in the Zoning By-law and as a result can be found in a number of different zoning designations as they are compatible with the majority of land uses. The Cube Gallery located at 7 Hamilton Street in the Wellington West Community is located in a Light Industrial Zone (IL8 [104] F2.0 H13.5) by way of a special exception which allows for limited retail space. The Zoning allows for 10 per cent of the gross floor area to be used for retail space. This art gallery is compatible and complements the existing light industrial uses in this area of the city. By limiting the size of the art gallery use, it remains complementary to the principal uses as proposed for the subject site.
The third and fourth additional uses proposed are an instructional facility and a post-office. Both an instructional facility and a post-office are also considered to be compatible complementary uses for the subject site. An instructional facility can accommodate training and professional development both of which are beneficial to employment based uses in a Business Park. A post office is also an appropriate use in a business park. The operations performed in a post office are similar to that of any professional office or light industrial use permitted in the Kanata South Business Park. Moreover, both an instructional facility and post-office are permitted in the parent IP Zoning designation, and are considered to be appropriate and compatible uses for the subject site.
Parking for the site is provided at a rate of one space per 3.5 square metres. A retail store and an instructional facility require 3.4 parking spaces per 100 square metres of gross floor area and a post office requires two parking spaces per 100 square metres of gross floor area. On this basis there is sufficient parking for these three additional uses on-site. A medical facility requires four parking spaces per 100 square metres of gross floor area. This requirement exceeds what is currently provided on-site. Therefore, the total cumulative gross floor area for a medical facility to be permitted on the subject site is 500 square metres. At a total gross floor area of 500 square metres the remainder of the units on-site could still maintain a rate of 3.4 spaces per 100 square metres, on the basis that 127 parking spaces are provided on-site.
Traffic and site circulation are also not a concern, as the proposed uses are to be limited in size and are not anticipated to generate traffic in excess of what the site was designed to accommodate based on the existing zoning. Access to the site is provided from Terence Matthews Crescent and is not an issue.
Zoning By-law
The Industrial Business Park [IP] Zone allows for a variety of complementary uses, which are intended to serve the employees of the business park, the general public from the abutting areas and passing traffic. The proposed zoning amendment is consistent with this intent, as detailed in Document 2.
As mentioned, the proposed medical facility use is to be limited to a cumulative gross floor area of 500 square metres, while an instructional facility, retail store limited to an art gallery and post-office are to be limited to a cumulative gross floor area of 300 square metres of gross floor area.
Conclusion
It is staff’s opinion that the proposed uses conform with the relevant Official Plan policies and also meet the general intent of the IP4 Zone, which allows for a range of complementary uses, provided they are limited in size and are compatible with the surrounding business park industrial uses. The proposed uses and size limitations are appropriate in the context of the business park uses.
Staff recommend the proposed amendment to the Zoning By-law be approved.
RURAL IMPLICATIONS
N/A
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Details of the consultation can be seen in Document 3.
COMMENTS BY THE WARD COUNCILLOR(S)
The Ward Councillor is aware of this application and the staff recommendation.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this report.
CITY STRATEGIC PLAN
The proposed rezoning meets the intent of the City’s Strategic Plan. The additional uses proposed for the subject site encourage the development of existing employment lands to promote job creation and minimize infrastructure costs.
TECHNICAL IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
There are no direct financial implications associated with this report.
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 Consultation Details
DISPOSITION
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services 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. The subject lands shown on Document 1 zoned IP4 in Zoning By-law 2008-250 are rezoned to IP4 [XXXX].
2. A new special exception zone, IP4 [XXXX], will be added to Section 239 including the following provisions:
(a) Additional Land Uses Permitted:
- Medical Facility
(b) The total cumulative total gross floor area for medical facility uses shall not exceed 500 square metres.
(c) The following additional uses are also permitted subject to each use not exceeding 300 square metres of total cumulative gross floor area
- Instructional facility
- Post-office
- Retail Store limited to an Art Gallery
CONSULTATION DETAILS DOCUMENT 3
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
As a result of the public notification and consultation process specific concerns were raised pertaining to the original list of additional uses requested by the applicant. These concerns included the specific types of uses proposed and the potential impacts on existing uses in the area. The concerns included a potential increase in traffic and parking, attraction of retail type business, and an increase in crime, litter and noise levels. Concerns were also raised regarding noise and odours associated with an animal care establishment and an animal hospital. One set of comments also expressed the sentiment that there is sufficient retail growth space in the immediate community.
Positive feedback was also received from other site owners in the Kanata South Business Park who feel that the current 1P4 Zoning designation is too restrictive. One comment in particular expressed a desire to have the proposed additional uses permitted throughout the business park as part of our next Zoning By-law review.
Response:
The additional permitted uses are now proposed to be limited to a medical facility, a retail store limited to an art gallery, an instructional facility and a post-office. The proposed medical facility use is to be limited to a cumulative gross floor area of 500 square metres. An instructional facility, retail store limited to an art gallery and post-office are also subject to a cumulative total gross floor area 300 square metres. This has been done to ensure these uses are complementary for the primary employment uses. An automobile rental establishment, animal care establishment, animal hospital, bank, bank machine, convenience store, and personal service business have all been removed from the originally requested rezoning amendment to maintain the integrity of the business park function.
The subject site currently contains 127 parking spaces at a rate of one space per 3.5 square metres. A retail store and an instructional facility require 3.4 parking spaces per 100 square metres of gross floor area and a post office requires two parking spaces per 100 square metres of gross floor area. On this basis there is sufficient parking for these three additional uses. The total cumulative gross floor area for a medical facility to be permitted on the subject site is 500 square metres. This limitation has been included in the details of recommended zoning to ensure that the 127 parking spaces provided on-site are sufficient for all proposed uses.
An animal care establishment and an animal hospital have been removed from the requested additional uses; as such noise and odours associated with these uses are no longer a concern.
COMMUNITY ORGANIZATION COMMENTS
Bridlewood Community Association
The following comments were provided in response to the initial zoning amendment proposal:
After extensive discussion of the pros and cons of the application, it was decided that the Community Association was opposed to all additional proposed uses. The Community Association wishes to see the original vision for the Kanata South Business Park (KSBP) upheld by the City, that of being a premier destination for regional high-tech businesses. The additional commercial type uses being proposed do not contribute to the KSBP vision, and frankly could serve to undermine the business park prestige of the high-tech businesses already located there. Commercial uses of this nature should be located in the commercially zoned properties along Eagleson Road South, of which there are at least 3 properties that we are aware of that could accommodate such uses.
Following consultation with the Owner and the Community Group, the Bridlewood Community Association has advised that they have no concerns regarding the revised list of additional permitted uses as proposed by the applicant.
Response:
Staff have worked with the applicant and the community associations’ comments to develop an acceptable list of additional permitted uses which are complementary to the business park. Limitations have been placed on the size of these uses in keeping with the intent of the Enterprise Area designation.
Glen Cairn Community Association
No concerns with the proposed Zoning By-law amendment were raised.