5.             OFFICIAL PLAN - 160 HEARST WAY, 280 AND 395 DIDSBURY ROAD, AND 488 AND 490 TERRY FOX DRIVE; AND ZONING – 160 HEARST WAY

 

PLAN OFFICIEL – 160, VOIE HEARST, 280 ET 395, CHEMIN DIDSBURY, ET 488 ET 490, PROMENADE TERRY FOX; AINSI QUE DU ZONAGE – 160, VOIE HEARST

 

 

 

Committee recommendations as amended

 

(This application is subject to Bill 51)

 

That Council:

 

1.         Approve and adopt an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

b.  280 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-2 (Low Density Employment Special Policy Area 2); and

c.  488 and 490 Terry Fox Drive and 395 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-3 (Low Density Employment Special Policy Area 3);

 

2.         Reject an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

a.   160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);

 

3.         Reject an amendment to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1 (Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1 Exception 302), as shown in Document 4 and detailed in Document 3; and

 

4.         Reject an amendment to the former City of Kanata Zoning By-law 142-93 to change the zoning of 160 Hearst Way from TC-4 (Town Centre-4) to TC-4c (Town Centre 4 Exception "c"), as shown in Document 4 and as detailed in Document 3.

 

 

RecommandationS modifiÉeS du Comité

 

(Cette demande est assujettie au Règlement 51)

 

Que le Conseil :

 

1.         approuve et adopte une modification aux politiques propres au centre-ville de Kanata énoncées dans le volume 2B du Plan officiel afin de changer la désignation comme l’explique le document 2 :

 

b.  du 280 du chemin Didsbury en la faisant passer de LDE 1 (centre d’emploi à faible densité – zone de dérogation 1) à LDE 2 (centre d’emploi à faible densité – zone de dérogation 2),

c.   des 488 et 490 de la promenade Terry Fox et du 395 du chemin Didsbury en la faisant passer de LDE 1 (centre d’emploi à faible densité – zone de dérogation 1) à LDE 3 (centre d’emploi à faible densité – zone de dérogation 3),

 

2.                  rejette une modification aux politiques propres au centre-ville de Kanata énoncées dans le volume 2B du Plan officiel afin de changer la désignation comme l’explique le document 2 :

a.   du 160 de la voie Hearst en la faisant passer de LDE (centre d’emploi à faible densité ) à LDE 4 (centre d’emploi à faible densité – zone de dérogation 4),

 

3.         rejette une modification au Règlement municipal no 2008-250 – Règlement de zonage afin de remplacer le zonage IL1 (sous zone d'industrie légère 1) du 160 de la voie Hearst par le zonage IL1 [302] (sous zone d’industrie légère 1, assortie de l’exception no 302), comme l’illustre le document 4 et le précise le document 3;

 

3.         rejette une modification du Règlement de zonage no 142-93 de l’ancienne Ville de Kanata afin de remplacer le zonage TC 4 (centre-ville – zone 4) du 160 de la voie Hearst par le zonage TC 4c (centre-ville – zone 4, assortie de l’exception « c »), comme l’illustre le document 4 et le précise le document 3.

 

 

 

 

Documentation

 

1.   Deputy City Manager, Planning, Transit and the Environment report dated 30 July 008 (ACS2008-PTE-PLA-0180).

 

2.   Extract of Draft Minutes, 18 August 2008.

 

 


 

Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

30 July 2008 / le 30 juillet 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

(613) 580-2424, 13242  Grant.Lindsay@ottawa.ca

 

Kanata South/sud (23)

Ref N°: ACS2008-PTE-PLA-0180

 

 

SUBJECT:

Official Plan - 160 Hearst Way, 280 and 395 Didsbury Road, and 488 and 490 Terry Fox Drive; and ZONING - 160 Hearst Way (FILE NO. D01-01-08-0003, D02-02-08-0033)

 

 

OBJET :

PLAN OFFICIEL – 160, VOIE Hearst, 280 et 395, chemin Didsbury, et 488 et 490, promenade Terry Fox; ainsi que du zonage – 160, voie Hearst

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council:

 

1.                  Approve and adopt an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate:

 

a.                   160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);

 

b.                   280 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-2 (Low Density Employment Special Policy Area 2); and

 

c.                   488 and 490 Terry Fox Drive and 395 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-3 (Low Density Employment Special Policy Area 3);

 

as detailed in Document 2;

 

2.                  Approve an amendment to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1 (Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1‑Exception 302), as shown in Document 4 and detailed in Document 3; and

 

3.                  Approve an amendment to the former City of Kanata Zoning By-law 142-93 to change the zoning of 160 Hearst Way from TC-4 (Town Centre-4) to TC-4c (Town Centre‑4‑Exception "c"), as shown in Document 4 and as detailed in Document 3.

 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil :

 

1.                  d’approuver et d’adopter une modification aux politiques propres au centre-ville de Kanata énoncées dans le volume 2B du Plan officiel afin de changer la désignation :

 

a.                  du 160 de la voie Hearst en la faisant passer de LDE (centre d’emploi à faible densité ) à LDE‑4 (centre d’emploi à faible densité – zone de dérogation 4),

 

b.                  du 280 du chemin Didsbury en la faisant passer de LDE‑1 (centre d’emploi à faible densité – zone de dérogation 1) à LDE‑2 (centre d’emploi à faible densité – zone de dérogation 2),

 

c.                   des 488 et 490 de la promenade Terry Fox et du 395 du chemin Didsbury en la faisant passer de LDE‑1 (centre d’emploi à faible densité – zone de dérogation 1) à LDE‑3 (centre d’emploi à faible densité – zone de dérogation 3),

 

comme l’explique le document 2;

 

2.                  d’approuver une modification au Règlement municipal no 2008-250 – Règlement de zonage afin de remplacer le zonage IL1 (sous‑zone d'industrie légère 1) du 160 de la voie Hearst par le zonage IL1 [302] (sous‑zone d’industrie légère 1, assortie de l’exception no 302), comme l’illustre le document 4 et le précise le document 3;

 

3.                  d’approuver une modification du Règlement de zonage no 142-93 de l’ancienne Ville de Kanata afin de remplacer le zonage TC‑4 (centre-ville – zone 4) du 160 de la voie Hearst par le zonage TC‑4c (centre-ville – zone 4, assortie de l’exception « c »), comme l’illustre le document 4 et le précise le document 3.

 

 

 

 

 

BACKGROUND

 

The site subject to the Official Plan and Zoning By-law Amendment is located at 160 Hearst Way.  It is situated on the north side of Hearst Way, east of Whitney Dr, south of Highway 417, and west of Eagleson Road.  The 0.6-hectare site is currently undeveloped and characterized by sporadic mixed vegetation.  The site is surrounded by undeveloped lands to the east, Highway 417 to the north, existing multiple-attached dwellings to the south, and a community resource centre to the west.  In addition, the lands known municipally as 280 and 395 Didsbury Road, and 488 and 490 Terry Fox Drive are also subject to the Official Plan Amendment.  These lands are located on the east side of Didsbury Road, north of Highway 417, and southwest of Terry Fox Drive.

 

The Proposal

 

The Official Plan and Zoning By-law amendment applications have been submitted to allow for the development of a three-storey hotel with 74 guest rooms at 160 Hearst Way.  A concept plan showing the proposed development is included in Document 5.  In addition, staff are proposing minor technical amendments to the text and schedule of the Official Plan for two other sites within the Kanata Town Centre.

 

Existing Official Plan Designation

 

The site is currently designated as “Mixed Use Centre” and “Town Centre” on Schedule B of the Official Plan.  It is designated as “Low Density Employment Area” on Schedule B-1 in the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre. 

 

Proposed Official Plan Amendment

 

The application proposes to change the designation of the subject lands to a site-specific “Low Density Employment Special Policy Area” to add a hotel as an additional permitted use.  In addition, the proposed Official Plan Amendment intends to make minor technical clarifications to the text of the Low Density Employment policies, as well as the schedule.  The details of the proposed Official Plan Amendment are included in Document 2.

 

Existing Zoning

 

The site is zoned as IL1 (Light Industrial Subzone 1) in Zoning By-law 2008-250.  The site is zoned as TC-4 (Town Centre-4) in the former City of Kanata Zoning By-law 142-93.  These zones permit a range of employment and light industrial uses such as the following uses: office, studio, warehouse, printing plant, research and development centre, and medical facility, as well as retail store.

 

Proposed Zoning By-law Amendment

 

The proposed zoning for Zoning By-law 2008-250 is IL1[302] (Light Industrial Subzone 1‑Exception 302).  This zone will add a hotel as an additional permitted use.

 

The proposed zoning in the former City of Kanata Zoning By-law 142-93 is TC-4c (Town Centre-4-Exception “c”).  This zone will add a hotel as an additional permitted use and reduce the landscaped strip requirement for the western interior side yard from 9.0 metres to 3.0 metres.  The proposed 3.0-metre landscaped strip is shown on the concept plan in Document 5.  The details of the recommended zoning are included in Document 3 and shown in Document 4.

 

DISCUSSION

 

Official Plan

 

Mixed Use Centre and Town Centre

 

The site is designated as “Mixed Use Centre” with a “Town Centre” overlay on Schedule B of the Official Plan.  The Mixed-Use Centre designation permits a broad variety of uses and encourages transit-supportive land uses with the goal of creating complete neighbourhoods.  These areas are intended to include a broad range of land uses, such as offices, retail, schools, hotels, hospitals, large institutional buildings, recreation and entertainment facilities, entertainment uses, services, high and medium-density residential uses, and mixed-use development.  The Town Centre overlay identifies Mixed-Use Centres that are planned to accommodate at least 10000 jobs.  The Mixed-Use Centre designation identifies areas that are strategically located with respect to the transportation system and are accessible by transit, walking, cycling and automobile.  They are centered on rapid transit stations and contain one or more arterial roads with all-day frequent transit service.  The subject site is located near Highway 417 and three arterial roads – Katimavik Road, Eagleson Road, and Castlefrank Road.  Eagleson Transitway Station is located within 600 metres to the east of the site.  As such, a hotel at this location would maintain the intent of the Mixed Use Centre 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 massing and built form, traffic, and relationship to supporting community services. 

 

Building form

 

The building development standards (eg. setback, height) will not be changed in the amended zone, as proposed.  For instance, the zone will maintain the maximum height requirement of 13.5 metres and a minimum front yard setback of 9.0 metres.  This is consistent with the other uses within this zone and allows development to be in character with the residential uses on the south side of Hearst Way.

 

Traffic

 

A Transportation Impact Study (TIS) is not required, as per the City’s TIS guidelines, as the scale and type of this development would generate less than 75 peak hour trips.   Hearst Way is a Collector Road and is intended to serve not only the surrounding residential development to the south, but also existing and future mixed use and non-residential development.  The type of traffic associated with a hotel is consistent with the type of traffic that results in areas with a mix of uses as envisioned in the Official Plan.  In addition, the proximity of the site to the Transitway and supporting uses further reduces the impact on the road network.

 

Supporting neighbourhood services

 

The proposed use is served well by the surrounding services in the area such as parks, transit, and the commercial centre to the west.  In addition, the proposed use contributes an additional service for both the residential and non-residential uses in the area. 

 

Site Specific Policies

 

The site is currently designated as “Low Density Employment” on Schedule B-1 of the Official Plan Volume 2B: Kanata Town Centre Site Specific Policies.  This designation permits office, light industrial and limited retail uses, with similar scale and form as other development in the area. 

 

The Kanata Town Centre Site Specific Policies set an employment target of at least 12500 jobs for all of the lands in the Town Centre.  Most of the employment target is intended to be achieved on lands within the “Central Business District” and “Main Street” designations, which are located north of Highway 417.  The proposed development on the subject site will add some employment at a relatively low density to the Town Centre, in keeping with the general intent of the Low Density Employment Area designation.

 

Over time it is the intent of the Site Specific Policies to ensure that the major principles and policies be implemented but that the detailed form be adjusted to recognize more detailed studies, changing market conditions, and community needs.  In light of this proposal, a hotel can now be considered an appropriate use for this site.

 

Technical Amendments

 

In the past two years, Council has adopted two other amendments to the Low Density Employment Area.  These amendments were intended to be site-specific, however, the implementing schedule and text changes do not clearly articulate and organize the policies as they apply to each of the individual sites.  The latest proposal to amend the Low Density Employment area policies provides an opportunity to simultaneously clarify the previous intent of these recent Official Plan Amendments.  

 

Design Guidelines

 

Development in the Kanata Town Centre area is subject to Site Design and Architectural Guidelines, which provide design objectives and direction for all development in this area.  In particular, there are guidelines requiring that massing should address human scale, and buildings should emphasize the street by building on or close to property line.  These are directly controlled through the Zoning By-law performance provisions, which have not been changed through this rezoning proposal.  Other guidelines such as creating a physically safe, attractive pedestrian domain are best addressed through the Site Plan Control process.  The Site Plan control process will be required prior to any site development.

 

Zoning By-law 2008-250

 

The proposed hotel use is compatible with the other permitted uses in the existing IL1 (Light Industrial Subzone 1) zone.

 

Former City of Kanata Zoning By-law 142-93

 

The landscaped strip requirement is proposed to be reduced from 9.0 metres to 3.0 metres along the west side of the building.  This is to accommodate the location of a drive aisle along the west side of the building, which will accomplish the design objective of locating the parking at the rear of the building.  The reduction in the landscaped strip will not change the building setback as shown on the Concept Plan in Document 5.  The proposed hotel use and reduced landscaped strip requirement are in keeping with the existing TC-4 (Town Centre-4) zone.

 

Other Site Issues

 

Prior to site development a Site Plan Control application will be required to be approved by the City of Ottawa.  The Site Plan Control application will consider such aspects as site layout, access, lighting, garbage, servicing, and landscaping.

 

Summary

 

The subject site is designated as a "Mixed-Use Centre" with a "Town Centre" overlay in the Official Plan and as a "Low Density Employment Area" in the Site-Specific Policies for the Kanata Town Centre.  The proposed hotel use is appropriate for the site and is compatible with the surrounding land uses.  The proposed Official Plan amendment will create a new, site-specific Special Policy Area within the Low Density Employment Area designation that will permit a hotel on the site, as well as clarify previous Official Plan Amendments within the Low Density Employment Area designation.  The proposed Zoning By-law amendment will change the zoning of the site to create an exception, which will add a hotel as an additional permitted use.  The proposed Official Plan and Zoning By-law amendments are consistent with the relevant planning policies, and therefore staff recommend approval of these applications.

 

ENVIRONMENTAL IMPLICATIONS

 

The Mississippi Valley Conservation Authority indicated that there are no issues from an environmental point of view regarding the proposed Official Plan and Zoning By-law amendments.

 

RURAL IMPLICATIONS

 

N/A

 

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.

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 need to hold a Community Information and Comment Session.

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map—160 Hearst Way

Document 2      Draft Official Plan Amendment

Document 3      Details of Recommended Zoning

Document 4      Proposed Zoning Map

Document 5      Concept Plan

Document 6      Consultation Details

 

DISPOSITION

 

City Clerk’s Branch, Council and Committee Services to notify the owner, Arnon Corporation, 1801 Woodward Drive, Ottawa, ON K2C 0R3, applicant, FoTenn Consultants Inc, Attn: Sandy Schaffhauser, 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—160 HEARST WAY                                                             DOCUMENT 1


DRAFT OFFICIAL PLAN AMENDMENT                                                         DOCUMENT 2

 

 

 

 

 

Official Plan Amendment    Modifications du Plan directeur

 

To the Official Plan of the City of Ottawa

 

 

 

 

 

 

 

 

 

Land use

Utilisation du sol


 

 

INDEX

 

 

 

THE STATEMENT OF COMPONENTS

 

PART A – THE PREAMBLE does not constitute part of the Amendment.

Purpose

Location

Basis

 

PART B – THE AMENDMENT consisting of the following text constitutes Amendment. No. __ to the City of Ottawa Official Plan (2003).

 

Introduction

Details of the Amendment

Implementation and Interpretation

Schedule A of Amendment __ – Official Plan of the City of Ottawa


PART A – THE PREAMBLE

 

Purpose

 

The purpose of this amendment is to allow for the development of a hotel at 160 Hearst Way, and to clarify the Official Plan designations and policies for previous Official Plan Amendments at 280 Didsbury Road, and 395 Didsbury Road, 488 and 490 Terry Fox Drive.

 

Location

 

The lands subject to this amendment are known municipally as 160 Hearst Way, and shown in Schedule 1 to this amendment.  The lands are located on the north side of Hearst Way, south of Highway 417, west of Eagleson Road, and east of Whitney Drive.  In addition, the lands known municipally as 280 and 395 Didsbury Road, and 488 and 490 Terry Fox Drive are also subject to this amendment, and are shown on Schedule 2 to this amendment.  These lands are located on the east side of Didsbury Road, north of Highway 417, and southwest of Terry Fox Drive.

 

Basis

 

Background

 

The amendment proposes to amend the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to create new Low Density Employment Special Policy Areas, to add a hotel as an additional permitted use, and to make minor technical clarifications to clarify the intent of two previously Official Plan Amendments. 

 

Context of Amendment

 

The site is designated as “Mixed Use Centre” with a “Town Centre” overlay on schedule B of the Official Plan.  The Mixed-Use Centre designation permits a broad variety of uses and encourages transit-supportive land uses with the goal of creating complete neighbourhoods.  These areas are intended to include a broad range of land uses, such as offices, retail, schools, hotels, hospitals, large institutional buildings, recreation and entertainment facilities, entertainment uses, services, high and medium-density residential uses, and mixed-use development.  The Town Centre overlay identifies Mixed-Use Centres that are planned to accommodate at least 10000 jobs.  The Mixed-Use Centre designation identifies areas that are strategically located with respect to the transportation system and are accessible by transit, walking, cycling and automobile.  They are centered on rapid transit stations and contain one or more arterial roads with all-day frequent transit service.  The subject site is located near Highway 417 and three arterial roads – Katimavik Road, Eagleson Road, and Castlefrank Road.  Eagleson Transitway Station is located within 600m to the east of the site.  As such, a hotel at this location would maintain the intent of the Mixed Use Centre designation.

 

Sections 2.5.1 and 4.11 of the Official Plan outline the objectives and policies for compatible development.  Among the considerations are massing and built form, traffic, and relationship to supporting community services. 

 

The building development standards (eg setback, height) will not be changed in the amended zone, as proposed.  For instance, the zone will maintain the maximum height requirement of 13.5 metres and a minimum front yard setback of 9.0 metres.  This is consistent with the other uses within this zone and allows development to be in character with the residential uses on the south side of Hearst Way. 

 

A Transportation Impact Study (TIS) is not required, as per the City’s TIS guidelines, as the scale and type of this development proposal would generate less than 75 peak hour trips.  Hearst Way is a Collector Road and is intended to serve not only the surrounding residential development to the south, but also existing and future mixed use and non-residential development.  The type of traffic associated with a hotel is consistent with the type of traffic that results in areas with a mix of uses as envisioned in the Official Plan.  In addition, the proximity of the site to the Transitway and supporting uses further reduces the impact on the road network.

 

The proposed use is served well by the surrounding services in the area such as parks, transit, and the commercial centre to the west.  In addition, the proposed use contributes an additional service for both the residential and non-residential uses in the area. 

 

The site is currently designated as “Low Density Employment” on Schedule B-1 of the Official Plan Volume 2B: Kanata Town Centre Site Specific Policies.  This designation permits office, light industrial and limited retail uses, with similar scale and form as other development in the area. 

 

The Kanata Town Centre Site Specific Policies set an employment target of at least 12500 jobs for all of the lands in the Town Centre.  Most of the employment target is intended to be achieved on lands within the “Central Business District” and “Main Street” designations, which are located north of Highway 417.  The proposed development on the subject site will add some employment at a relatively low density to the Town Centre, in keeping with the general intent of the Low Density Employment Area designation.

 

Over time it is the intent of the Site Specific Policies to ensure that the major principles and policies be implemented but that the detailed form be adjusted to recognize more detailed studies, changing market conditions, and community needs.  In light of this proposal, a hotel can now be considered an appropriate use for this site.

 

In the past two years, Council has adopted two other amendments to the Low Density Employment Area.  These amendments were intended to be site-specific, however, the implementing schedule and text changes do not clearly articulate and organize the policies as they apply to each of the individual sites.  The latest proposal to amend the Low Density Employment area policies provides an opportunity to simultaneously clarify the previous intent of these recent Official Plan Amendments.   

 

In summary, the proposed hotel use is appropriate for the site and is compatible with the surrounding land uses, and the proposed technical clarifications clarify the intent of previous Official Plan Amendments.


PART B – THE AMENDMENT

 

1.      Introduction

All of this part of this document entitled Part B – The Amendment consisting of the following text and the attached Schedule A constitutes Amendment No. __ to the Official Plan of the City of Ottawa.

 

2.                  Details The following changes are hereby made to the Official Plan of the City of Ottawa:

2.1.    The Special Policy Area policies of Subclause 5.7.5.5 Centre of the Kanata Town Centre site specific policy of Volume 2B of the Official Plan are amended as follows:

a)   the letter “s” is added to the word “Area” in the phrase “Special Policy Area” and the phrase is underlined;

b)   after the phrase “Special Policy Areas”  and before the words “Lands designated Low Density Employment Area “ the following new title is added:        Special Policy Area 2 –LDE-2’;

c)   the following is added between the words “Special Policy Area” and “shall”: 2 (LDE-2);

d)   after the words “Retail Store” and before the words “In the Low Density Employment Area” the following new title is added: Special Policy Area 3 – LDE-3;

e)   the number 1 is deleted in the phrase “Special Policy Area 1” and replaced with “3 (LDE-3)” ;

f)        a new special policy area is added after Special Policy Area 3 as follows:

 

Special Policy Area 4 – LDE-4

 

In the Low Density Employment Area – Special Policy Area 4 (LDE-4), the permitted uses shall include the following:

(i)   All of the uses permitted in the Low Density Employment Area located in the South-East Area; and

(ii)  a hotel.

 

2.2       “Schedule B-1 Kanata Town Centre” of the Kanata Town Centre site specific policy of Volume 2B of the Official Plan for the City of Ottawa is amended as follows and as shown on Schedules 1 and 2:

i)          the designation for the land known municipally as 280 Didsbury Road is changed from Low Density Employment Special Policy Area 1 to LDE-2,

ii)         the designation for the lands known municipally as 488 and 490 Terry Fox Drive and 395 Didsbury Road is changed from Low Density Employment Area - Special Policy Area 1 to LDE-3,

iii)         the designation for the land known municipally as 160 Hearst Way is changed from LDE to LDE-4.

 

3.      Implementation and Interpretation

 

Implementation and interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan (2003).


SCHEDULE 1


SCHEDULE 2


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 3

 

Proposed Changes to City of Ottawa Zoning By-law 2008-250

 

  1. The Zoning Map of City of Ottawa Zoning By-law Number 2008-250 is amended changing the zoning of the lands known municipally as 160 Hearst Way and shown on Document 4 from IL1 (Light Industrial Subzone 1) to IL1 [302] - (Light Industrial Subzone 1—Exception No. 302) to permit a hotel as an additional land use;

 

2.   Add the following zone code to Column II of exception 302 in Section 239: IL1[302]

 

Proposed Changes to By-law 142-93 of former City of Kanata

 

  1. Schedule “A” of By-law Number 142-93 of the former City of Kanata is amended changing the zoning of the lands known municipally as 160 Hearst Way and shown on Document 4 from TC-4 (Town Centre-4) to TC-4c (Town Centre-4-Exception “c”);

 

  1. Add a new special exception zone to subsection 8.4 of By-law Number 142-93 of the former City of Kanata, including the following additional zone provisions:

 

(i)  further permitted use: hotel

(ii) clause 5.17(a) applies except that the width of the continuous strip of landscaped open space adjacent to a residential use or zone is reduced to 3.0 metres.

 


PROPOSED ZONING MAP                                                                                 DOCUMENT 4


CONCEPT PLAN                                                                                                   DOCUMENT 5


CONSULTATION DETAILS                                                                                DOCUMENT 6

 

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.  One public meeting was also held in the community.

PUBLIC COMMENTS

 

SUMMARY OF PUBLIC INPUT

Comment #1:       A hotel would impact property values.  There is concern about ability to resell properties.

 

Response:  Review of Official Plan and Zoning By-law amendment applications do not directly consider property values per se, however, impacts on the surrounding community that may in turn affect property values are considered.  There is no evidence that a mix uses negatively impacts property values.

 

Comment #2:       The south side of Hearst Way is residential only.  Anything more than two storeys will dwarf the houses.  The proposed density and form is not consistent with the present neighbouring uses of residential homes character. Three storeys is taller than is desired given the narrowness of Hearst Way.

 

Response:  The subject site and the surrounding area is within a Mixed Use Centre in the Official Plan which promotes both residential and non-residential uses.  The presently permitted building height on the subject site is 13.5 metres, and this is not proposed to change through this application.

 

Comment #3:       Concern that a hotel is a 24-hour use, while the adjacent residences are not night‑time uses.

 

Response: The area is within the Mixed Use Centre designation, and as such is intended to have a variety of uses with differing characteristics.  The area is not solely residential and the intent of the Official Plan is to have this area develop such that benefits are realized from the proximity of varied uses.

 

Comment #4:       A hotel would increase both private and commercial traffic on the road.  Concern that people driving to hotel are outsiders and do not care about the community and therefore will speed and have no regard for children.  Understood in 1999 that zoning was to remain “Low density employment” and would reflect a daytime traffic pattern.  A hotel means increased traffic during the day and at night and on weekends.  Would create additional wear and tear on the streets due to increased traffic.  Not a good location for hotels—inconvenient access from Queensway.

 

Response:  A Transportation Impact Study is not required as per the City’s guidelines as this development would generate less than 75 peak hour trips.  The other comments have been responded to in the responses above.

 

Comment #5:       The existing hotel is acceptable because it was there first, it is low-rise, and people enter and exit primarily from Whitney Drive. 

 

Response:  Access concerns will be addressed through the Site Plan Control process.

 

Comment #6:       There are noise concerns, specifically truck/bus parking and truck/bus operational noises.  Also, concern about potential parties.

 

Response: These concerns will be addressed through the Site Plan Control process.

 

Comment #7:       Concern about another use for transient population, in addition to pre-existing parole office, another motel, and women’s resource centre in the neighbourhood.  Presence of a hotel would give transient males an opportunity to stay and stalk.

 

Response:  The Mixed Use Centre designation in the Official Plan supports a mix of uses in the area, including hotels.  The Zoning By-law cannot control the clientele of a permitted use, thus this concern would be best addressed through co-operation with the City’s Community and Protective Services Department.

 

Comment #8:       Objection to building of a low-budget motel.  A one-star hotel is not a great addition to our neighbourhood. Furthermore, Motel 6 has a bad reputation.

 

Response:  The Planning Act does not give the City the authority to make decisions on Zoning By-law amendments based on these considerations.

 

Comment #9:       Concern about other parcels being developed in similar fashion without regard for community at large.

 

Response: Future development proposals, when received, will be reviewed in light of the relevant planning policies and the overall community context at that time.

 

Comment #10:   Concern about brightness and location of signs and lighting.

 

Response:  These concerns will be addressed through the Site Plan Control process.

 

Comment #11:   The Official Plan calls for Mixed Use development.  Having two hotels in close proximity does not exhibit this policy.  There is already a dense population of hotels in the area. 

 

Response:  Within the immediate area, land is available for future employment and mixed uses to achieve the Official Plan goals and objectives for the Kanata Town Centre with respect to mix of uses.  Furthermore, the Official Plan contemplates that the market will favour different types of development at different times. 

 

Comment #12:    This site should have commerce that enhances the quality of life of the community and attract people to the area: small shops (Westboro), daycares, medical clinics, outdoor market (Parkdale).  This would help reduce the dependence on cars.  Walkable community vision concept should be considered.   Also, there is concern that hotel site design turns its back on the neighbourhood.

 

Response: The site is within a Mixed Use centre, which promotes the form and style of development that is suggested.  The City, through the review process, considers how each development proposal contributes to the greater community and attempts to achieve coherence between multiple development projects.

 

Comment #13:   Concern about potential for garbage on the street.

 

Response: These concerns will be addressed through the Site Plan Control process.

 

Comment #14:     The adjacent Community Resource Centre should be in a neighbourhood.   What has changed about this neighbourhood that would make a hotel a good fit today (compared with when Community Resource Centre was processed)?

 

Response:  Neighbourhoods across the City vary in their composition of uses, and are not solely residential.  The Official Plan seeks to have this area develop with a mix of uses, in which both the Community Resource Centre and a hotel could be considered to be appropriate uses.

 

Comment #15:   Concern about number of parking spaces (75).  Some residents feel that this is too many spaces and this will impact their lifestyle.  Other residents feel that this is too few, and are concerned that employees and trucks/buses will have nowhere to park.  Suggest that hotel get a deal with food basics for overnight truck parking for truckers.  Suggest that parking restrictions on Hearst Way be investigated. 

 

Response: The parking requirement for hotel uses is not proposed to be changed as part of this application.  Other parking and access concerns will be addressed through the Site Plan Control process.

 

Comment #16:   This will cause an increase cost of policing and by-law services due to enforcement issues.

 

Response:  The City’s Police Services will be consulted during the Site Plan Control process for comments related to Crime Prevention Through Environmental Design (CPTED). 

 

Comment #17:   Concern about soil stability of area—for example, the furniture store sank 6 inches. 

 

Response: These concerns will be addressed through the Site Plan Control process.

 

Comment #18:   There is concern that this will cause reduced privacy.

 

Response: Site layout concerns will be addressed through the Site Plan Control process.

 

Comment #19:   Concern about the environmental impact on local wildlife (deer).

 

Response: The City’s Environmental Sustainability Division staff, as well as the Mississippi Valley Conservation Authority reviewed the proposal with respect to the natural environment, and no concerns were raised.  Further review will occur during the Site Plan Control process.

 

Comment #20:   Hearst Way cannot accommodate the turn radius required for buses/trucks.

 

Response: These concerns will be addressed through the Site Plan Control process.

 

Comment #21:   Concerns about future expansion if the hotel is a success.

 

Response: Any potential future expansion of the hotel will be required to conform to the Zoning By-law provisions, and will necessitate a revision to the Site Plan.

 

Comment #22:   This area experiences frequent power outages.  We believe that the power subsystem is inadequate and should be upgraded before development occurs.

 

Response: Hydro Ottawa has reviewed the proposal and has no concerns.  Further review will occur during the Site Plan Control process.

 

Comment #23:   Concern about the impact on sewage and water systems. 

 

Response: These concerns will be addressed through the Site Plan Control process.

 

Comment #24:   Concern that there is no real benefit to the community.

 

Response:  The intent of the Official Plan is to have this area develop such that benefits are realized from the proximity of varied uses.

 

Comment #25:   In addition to the above comments, a petition was submitted with 145 names against the proposal.

 

Response: The petition has been kept on file.

COUNCILLOR’S COMMENTS

Councillor Wilkinson Comments:

My only comment is that the previous zoning was done with the residential nature of the area in mind and another hotel could cause problems.  The site also has terrible soil conditions.

 

Response:

The subject site and the surrounding area is within a Mixed Use Centre in the Official Plan which promotes both residential and non-residential uses.  Soil concerns will be addressed through the Site Plan Control process.

 

Councillor Feltmate Comments: 

Staff have noted that 35 per cent of the City’s urban employment lands have been lost of the past eight years.  Currently 160 Hearst Way is zoned for employment purposes.  Rezoning the land to allow a hotel to be built would be contributing to what has been identified as a problem. 

 

Response:

The subject lands will retail the Low Density Employment designation within the Site Specific Policies, such that future employment uses will not be precluded.  A proposed hotel use will provide some employment which will be consistent with the intent of the Low Density Employment area. 

 

COMMUNITY ORGANIZATION COMMENTS

Katimavik-Hazeldean Community Association Comments:

Concerns regarding traffic patterns and flow, on-site and off-site parking and parking spaces, lighting effects upon neighbours and the footprint size of the hotel.  The KHCA understands that this hotel plans to attract business clientele, particularly in the transportation industry.  Truck parking and access to the site is of concern to the community.

 

Response:

Truck access and parking will be addressed through the Site Plan Control process.  The rest of these concerns have been addressed in the responses to the public comments above.

 

 


OFFICIAL PLAN - 160 HEARST WAY, 280 AND 395 DIDSBURY ROAD, AND 488 AND 490 TERRY FOX DRIVE; AND ZONING – 160 HEARST WAY

PLAN OFFICIEL – 160, VOIE HEARST, 280 ET 395, CHEMIN DIDSBURY, ET 488 ET 490, PROMENADE TERRY FOX; AINSI QUE DU ZONAGE – 160, VOIE HEARST

ACS2008-PTE-PLA-0180                                                    Kanata South/Sud (23)

 

(This application is subject to Bill 51)

 

The following email correspondence in opposition was received and is held on file with the City Clerk:

·        Michelle Kobylka (Aug. 11 and July 28, 2008)       ·    Madelaine Read (Aug. 14, 2008)

·        Elizabeth Lacina (August 15, 2008)                         ·    Paul Lanctot (August 15, 2008)

·        Sandra Lewis (August 15, 2008)                            ·    Ted Ohmayer (August 15, 2008)

·        Donna M. Oweis (August 15, 2008)                       ·    John Parrott (August 15, 2008)

·        Jean Hutcheon (August 18, 2008)                           ·    K and S Burgess (Aug. 19, 2008)

 

Kalle Hakala, Planner II, provided an overview of the departmental report with a PowerPoint presentation, which is held on file with the City Clerk.

 

The Arbour Glen Community Association, represented by Jennifer Tessier, Valerie Wilkins, Robert H. Davyduck, Lauri Smith and Maureen Taylor, spoke in opposition to the proposal and showed photographs of the community.  A petition was submitted and the following concerns were highlighted:

·        Adequate parking will not be provided, as no provisions have been made for hotel staff, trucks nor bus parking.  Parking issues are evident with the existing hotel and the project would further place burden on both the community and community services.  The applicant has also stated that truck parking will be prohibited on the site.

·        Sections 2.5 and 4.11 of the Official Plan state that the assessment on compatibility of new development will involve, not only consideration of the built form, but also the operational characteristics, such as traffic, access and parking.

·        In the last few years, the City of Ottawa has lost approximately 35 per cent of urban employment lands to rezoning applications.  The proposed hotel would offer minimal employment opportunity and would not qualify as an employment use under the intentions of the Official and Secondary Plans.  Only one staff member would be required at night. 

·        Planning Act Amendments to Part V state that appeals to the Ontario Municipal Board are not permitted when a municipality refuses to remove land from an area of employment or neglects to make a decision on it within the timelines set out by the Act.  Adding a hotel as a permitted use, would effectively remove employment lands.  No other municipality in Ontario listed hotels as an employment use, as they do not generate high levels of employment.

·        Section 3.6.5 of the Official Plan ensures, over the long-term, sufficient areas of land are reserved primarily for places of business and economic activity.  Uses that support this function consist predominantly of offices, manufacturing, warehousing distribution, research and development facilities, as well as utilities. 

·        Although the light industrial zoning of this land allows a variety of uses in certain employment areas, these uses must be complimentary and serve the employees of the employment area and the public in the immediate vicinity.

·        Under Section 2 of the Official Plan, the City promises to meet the challenge of employment growth by supporting liveable communities and healthy environment with growth directed to key locations with a mix of housing, shopping, recreation and employment.  The current business centre, between Campeau Drive and the Queensway, is a much more suitable and sustainable location for a hotel.  A hotel is an existing permanent use in the central business centre.

·        The Transportation Master Plan has several recurring themes, such as minimizing costs, unnecessary travel and automobile dependence; keeping neighbourhoods liveable; protecting public health and the environment; and making efficient use of current infrastructures and services. 

·        Section 5.7.5.5 of the Secondary Plan states that development on the north side of Hearst Way already includes a motel and is intended to consist of low-rise buildings containing office and light industrial or retail use.

·        The plan for light rail transit for Kanata North located the first route on the north side of the Queensway corridor.  A hotel located in the central business centre would be situated closer to the station.

·        The current light industrial zoning prohibits uses that are likely to generate noise, fumes, odours or other hazardous and obnoxious materials.  Noise, nuisance and traffic issues have been a problem with the existing hotel.

·        A by-law officer recently stated that a turn radius study was required on Hearst Way.  Excess overflow street parking is already a problem.

·        Most of the permitted uses under the current zoning would have the greatest traffic impact during the day when most of the residents are away from home, reducing the impact on the community. 

·        Section 2.1 of the Official Plan provides that wherever growth occurs, it will be managed to ensure Ottawa’s communities are eminently liveable.  The 3-meter front setback is not adequate and puts the proposed hotel on the doorstep of many homes on Hearst Way. 

·        Concern exists with the potential instability of the land.  An independent geotechnical study should be undertaken by the City.

·        The Provincial Policy Statement, Official Plan, Secondary Plan and zoning must be respected.

·        Arnon Development is a long-standing and responsible company in Ottawa and the Community is not opposed to development of the site, however a hotel use is not appropriate.

 

 

In reply to questions from Committee, the delegation confirmed the following:

 

·        The community would like to see a professional-type building on the site (medical, office) that would result in employment, daytime traffic, and the utilisation of existing services.

·        The current hotel is bringing in truckers and school/sports groups resulting in traffic and overflow on-street parking.

·        Truck traffic from a printing plant would be in-and-out and the plant would presumably have space for loading docks and deliveries with scheduling.

·        The plans for the new hotel prohibit any on-site parking of trucks.  The hotel would operate throughout the day, seven days a week.

·        Retail uses were recommended in the Secondary Plan for the light industrial land north of Hearst Way with a gross floor area not exceeding 10,000 square metres, building size ranging between 28,000 to 47,000 square metres with one building shall be limited to two tenants.

·        The existing Comfort Inn is working with the Community Association but an agreement with Progeny Management Inc. for parking will not be extended to any other commercial development.

 

In response to questions from members, Mr. Hakala confirmed the following:

·        The new zoning by-law, for the most part, implements exactly what was in the old by-law.  In a few cases, there are subtleties that changed some of the permitted uses (e.g. warehousing.)

·        A self-storage facility is a restriction on the permitted warehousing.  The new by-law allows warehousing, but limits it to materials made on site.

·        A printing plant is permitted in both the new and old zoning by-law.

·        There is no proposal to change the height allowance in the zone, which would  remain at 13.5 metres.

·        A hotel is not considered a retail use, but the Secondary Plan does limit total retail in this entire low-density employment area, which extends to the park and ride, to 10,000 square metres.  The proposed hotel is approximately 3,000 square metres.

·        74 parking spaces are required (one per room), eight of which must be accessible.  The applicant exceeds the required spaces by one.

 

Tim Marc, Senior Legal Counsel, did not recall an appeal of the Comprehensive Zoning By-law on the permitted uses in the light industrial zone.

 

Councillor Feltmate thanked the Community Association for their detailed presentation, noting some members attended the Planning Primer workshop.  She noted the number of emails received from the neighbouring community.  She added that this prime land has remained vacant for many years and the City of Kanata intensively studied what should happen to the lands within the town centre on both sides of the Queensway.  The very intensive employment was to be situated on the north side along with the rapid transit station. 

 

Councillor Wilkinson indicated she served on former Kanata Council when this plan was developed.  She emphasized that comments from the community reflect that plan.  She hypothesized that the site has not developed in the past because the soil conditions are very bad. 

 

Councillor Hunter commended the Community Association for its excellent presentation.

 

Councillor Doucet said it was great to hear similar concerns from suburban residents that he routinely hears from constituents.  He concurred that the secondary plan should be respected.

 

Rod MacLean, Vice-President of the Katimavik-Hazeldean Community Association, read from a written submission, also on file.  He spoke of the development of the Kanata Town Centre, contribution of the proposal to employment targets and loss of employment lands, as well as the compatibility of the proposed hotel.

 

Mike Casey, Arnon, indicated he attended community meetings regarding this matter and his company created the plan of subdivision that developed the adjacent homes.  With respect to the problems with the existing hotel site, his company offered two solutions at the public meeting.  They included designating Hearst Way as not being a truck route, and secondly to eliminate on-street parking.  Touching on parking and traffic, he surmised those issues should be dealt with at site plan.

 

Brian Casagrande, FoTenn, addressed planning considerations, which included the following points:

·    Public concerns are associated with one particular use perceived to generate impacts with which  the neighbourhood is not content.

·    With the zoning and range of uses permitted under the current by-law, whether it is industrial, warehouse, retail or a medical office facility, each has similar or more excessive impacts on the neighbourhood.

·    The site plan will manage site development in an appropriate way with respect to set backs, buffering, parking and access.

·    The proposal respects the zoning height, parking requirements and set backs.

·    The site is constrained slightly by an unregistered sewer easement.

 

In response to questions, Mr. Casey and Mr. Casagrande provided the following responses:

·    A hotel would have less impact than other uses permitted in the light industrial zone. 

·    It is within Council’s legal discretion to declare a “no parking” or “no trucking” zone on a City street.  Trucks would only be allowed for deliveries.

·    Typical suburban solutions are not necessarily appropriate in a town centre location.  Solutions such as on-street parking permits could be explored.

 


Councillor Wilkinson explained that the key intensive part of the town centre is located north of the Queensway and the hotel should be located there.  Mr. Casagrande retorted that the Official Plan does designate this area as part of the mixed-use centre and town centre.

 

In response to questions from Councillor Holmes, staff explained that the number of employees does not define the low-density employment area.  Hours of operation are not described.

 

Councillor Holmes expressed support for the permitted additional use, noting town centres are intended to be vibrant with a variety of uses.

 

Councillor Doucet said the area does not look like a town centre, but indicated he would support the ward councillor.  He noted his experience with hotels has been positive as he has not faced the kinds of problems that are coming forward.

 

Councillor Feltmate noted that the town centre does provide different designations with low-density employment on Hearst Way.  She asked members to consider the arguments and concerns put forth by the residents.

 

The Chair agreed to divide the vote to deal with the technical corrections to surrounding land separate from the hotel proposal.

 

That the Planning and Environment Committee recommend Council:

 

1.         Approve and adopt an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

b.   280 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-2 (Low Density Employment Special Policy Area 2); and

c.   488 and 490 Terry Fox Drive and 395 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-3 (Low Density Employment Special Policy Area 3);

 

                                                                                                CARRIED

 

Moved by D. Holmes:

 

That the Planning and Environment Committee recommend Council:

 

1.         Approve an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

a.   160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);

2.         Approve an amendment to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1 (Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1 Exception 302), as shown in Document 4 and detailed in Document 3; and

3.         Approve an amendment to the former City of Kanata Zoning By-law 142-93 to change the zoning of 160 Hearst Way from TC-4 (Town Centre-4) to TC-4c (Town Centre 4 Exception "c"), as shown in Document 4 and as detailed in Document 3.

 

                                                                                                LOST

 

YEAS (4):        M. Bellemare, S. Desroches, D. Holmes, P. Hume

NAYS (6):       C. Doucet, J. Harder, G. Hunter, B. Monette, S. Qadri, P. Feltmate

 

Moved by P. Feltmate:

 

That the Planning and Environment Committee recommend Council:

 

1.         Reject an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

a.   160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);

2.         Reject an amendment to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1 (Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1 Exception 302), as shown in Document 4 and detailed in Document 3; and

3.         Reject an amendment to the former City of Kanata Zoning By-law 142-93 to change the zoning of 160 Hearst Way from TC-4 (Town Centre-4) to TC-4c (Town Centre 4 Exception "c"), as shown in Document 4 and as detailed in Document 3.

 

                                                                                                            CARRIED

 

YEAS (6):        C. Doucet, J. Harder, G. Hunter, B. Monette, S. Qadri, P. Feltmate

NAYS (4):       M. Bellemare, S. Desroches, D. Holmes, P. Hume

 

That the Planning and Environment Committee recommend Council:

 

1.         Approve and adopt an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

b.  280 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-2 (Low Density Employment Special Policy Area 2); and

c.  488 and 490 Terry Fox Drive and 395 Didsbury Road from LDE-1 (Low Density Employment Special Policy Area 1) to LDE-3 (Low Density Employment Special Policy Area 3);

 

2.         Reject an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2:

a.   160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);

 

3.         Reject an amendment to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1 (Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1 Exception 302), as shown in Document 4 and detailed in Document 3; and

 

4.         Reject an amendment to the former City of Kanata Zoning By-law 142-93 to change the zoning of 160 Hearst Way from TC-4 (Town Centre-4) to TC-4c (Town Centre 4 Exception "c"), as shown in Document 4 and as detailed in Document 3.

 

                                                                                                CARRIED as amended