2.
ZONING - 5343,
5351, 5355, 5357 AND 5371 FERNBANK
ROAD ZONAGE - 5343, 5351, 5355, 5357 ET 5371, CHEMIN
FERNBANK |
Committee recommendations
That Council:
1.
Approve an amendment to
the Zoning By-law 2008-250 to change the zoning of 5343, 5351, 5355, 5357 and
5371 Fernbank Road from Development Reserve (DR) to General Mixed Use Subzone
One exception zone [XXXX] with a holding symbol (GM1[XXXX]-h) and Development
Reserve (DR) to Development Reserve exception zone [XXXY] with a holding symbol
(DR[XXXY]-h), as shown in Document 1 and as detailed in Document 2.
2.
Delegate to the General
Manager Planning and Growth Management the authority to waive the planning
fees, identified in the Planning Fee By-law (2010-110), for ‘Lifting Holding
By-law’ application related to the subject ‘h’.
Recommandations du comité
Que le Conseil :
1.
approuve une
modification au Règlement de zonage 2008-250 afin de changer la désignation de
zonage des 5343, 5351, 5355, 5357 et 5371, chemin Fernbank de Zone
d’aménagement futur (DR) à Zone générale d’utilisations polyvalentes, sous-zone
1 assortie d’une exception [XXXX] et dotée du symbole d’aménagement différé
(GM1[XXXX]-h) et de Zone d’aménagement futur (DR) à Zone d’aménagement futur
assortie d’une exception [XXXY] et dotée du symbole d’aménagement différé
(DR[XXXY]-h), comme il est indiqué dans le Document 1 et expliqué en détail
dans le Document 2.
2.
délègue au
directeur général du Service de l’urbanisme et de la gestion de la croissance
le pouvoir de renoncer aux droits d’aménagement, déterminés dans le Règlement
régissant les droits d’aménagement (2010-110) afin d’appliquer la demande de
« règlement de levée de l’aménagement différé » liée au
« h ».
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 23 December 2010 (ACS2011-ICS-PGM-0010).
2.
Planning
Committee Extract of Draft Minutes of 25 January 2011.
Report to/Rapport au :
Planning Committee
Comité de l'urbanisme
and Council / et au Conseil
23 December 2010 / le 23 décembre 2010
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 : Derrick Moodie, Manager/Gestionnaire, Development
Review-Rural Services/Examen des projets d'aménagement-Services ruraux,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 15134 Derrick.Moodie@ottawa.ca
SUBJECT: |
ZONING - 5343, 5351, 5355, 5357 AND 5371 FERNBANK ROAD (FILE NO. D02-02-10-0033) |
|
|
OBJET : |
REPORT RECOMMENDATIONS
That the recommend Council:
1.
Approve an amendment to
the Zoning By-law 2008-250 to change the zoning of 5343, 5351, 5355, 5357 and
5371 Fernbank Road from Development Reserve (DR) to General Mixed Use Subzone
One exception zone [XXXX] with a holding symbol (GM1[XXXX]-h) and Development Reserve
(DR) to Development Reserve exception zone [XXXY] with a holding symbol (DR[XXXY]-h),
as shown in Document 1 and as detailed in Document 2.
2.
Delegate to the General
Manager Planning and Growth Management the authority to waive the planning
fees, identified in the Planning Fee By-law (2010-110), for ‘Lifting Holding
By-law’ application related to the subject ‘h’.
RECOMMANDATIONS
DU RAPPORT
Que le Comité de recommande au
Conseil :
1.
d’approuver une
modification au Règlement de zonage 2008-250 afin de changer la désignation de
zonage des 5343, 5351, 5355, 5357 et 5371, chemin Fernbank de Zone
d’aménagement futur (DR) à Zone générale d’utilisations polyvalentes, sous-zone
1 assortie d’une exception [XXXX] et dotée du symbole d’aménagement différé
(GM1[XXXX]-h) et de Zone d’aménagement futur (DR) à Zone d’aménagement futur
assortie d’une exception [XXXY] et dotée du symbole d’aménagement différé
(DR[XXXY]-h), comme il est indiqué dans le Document 1 et expliqué en détail
dans le Document 2.
2.
de déléguer au
directeur général du Service de l’urbanisme et de la gestion de la croissance
le pouvoir de renoncer aux droits d’aménagement, déterminés dans le Règlement
régissant les droits d’aménagement (2010-110) afin d’appliquer la demande de
« règlement de levée de l’aménagement différé » liée au
« h ».
The subject site is located on the northwest
corner of Terry Fox Drive and Fernbank Road. It is identified in the Demonstration
Plan for the Fernbank Community Design Plan as Neighbourhood Commercial and
Stormwater Management Facilities. There are two rural residences on the
properties with the balance of the lands being cultivated. The Agricultural Resource designation to the
south of the proposed development contains rural residences and agricultural
uses. To the east of the site, the land is
currently vacant but designated Enterprise Area. To the west, within the Fernbank Community,
are a few rural residences and cultivated lands.
The proposal would rezone a portion of the subject
lands from Development Reserve to General Mixed Use Subzone One with an exception
to permit a retail development with additional uses on the southern portion of
the lands once sanitary servicing is available for the Fernbank lands. The holding symbol would be imposed on the
entire subject lands to ensure sanitary service availability prior to
development occurring.
The properties are currently zoned Development Reserve (DR) which only permits limited uses and existing uses in anticipation of urban redevelopment consistent with the Fernbank Community Design Plan.
The requested zoning is General Mixed Use Subzone One with an exception to permit a gas bar, car wash, automobile service station, and amusement centre for the southern portion of the properties. All of the subject lands will be zoned with a holding symbol to limit the uses to those existing or to uses that do not increase sanitary flow. New uses will require capacity at the Hazeldean Pump Station prior to lifting of the holding symbol. Site plan approval will also be a requirement on the southern portion of the lands.
The subject lands are designated General Urban. This designation contemplates a range of residential, commercial and some industrial uses. The Official Plan also directs development to occur only when infrastructure is available.
Fernbank Community Design Plan
The lands abutting Fernbank Road and extending north to the Cope Road extension are shown as Neighbourhood Commercial on the Demonstration Plan within the Fernbank Community Design Plan (CDP). To the north of the Cope Road extension are lands showing as one of the community’s stormwater management ponds. There is to be an off road walkway along the landscaped edge of the storm pond. The intersection of Cope Road and Terry Fox Drive is one of the identified neighbourhood gateways. The CDP calls for street-oriented buildings, architectural features and high quality landscape design at such gateways.
Neighbourhood Commercial
The Neighbourhood Commercial designation is identified as an eight hectare parcel within the CDP. It is intended to serve the southeast quadrant of the Fernbank Community with uses such as convenience, personal services, banks, medical and other professional offices, restaurants, automotive uses and retail stores including food retail. There are no limitations on building size or type identified within the CDP.
The General Mixed Use Subzone One exception zone is intended to apply to the lands south of the Cope Road extension only. The land north of the Cope Road extension is proposed to remain zoned Development Reserve. That zone will allow for an interim storm pond. A holding symbol will apply to all of the subject lands.
The General Mixed Use Subzone One permits all the uses identified within the CDP for the Neighbourhood Commercial designation except for the automotive uses and amusement centre. The exception to the subzone will allow for those automotive uses and more specifically automotive service, gas bar and car wash as well as an amusement centre. Additional uses of shopping centre, garden centre and outdoor commercial patio were initially requested. These are not permitted uses in the Zoning By-law but instead are used simply to facilitate the application of other aspects of the by-law to permitted uses such as the parking provisions.
Zoning Considerations
The initial requested zoning was for the General Mixed Use zone to extend north of Cope Road, reducing the storm pond size allocated for the lands and permitting the commercial development on the north side of Cope Road extension.
A number of
issues were identified with respect to the reduction in the storm pond size and
the commercial development proposed on the north side of the property. With respect to the storm pond: there are
concerns with a precedent being set by allowing the first applicant in a storm
pond drainage area to reduce the size of the pond on their lands; the
conceptual design does not meet the minimum standards for maintenance; and, the
proposal to have an interim pond based on the concept filed with the
application will result in increased issues for construction of the ultimate
pond. The commercial development on the
north side of the property also needs to be justified with respect to the
consistency with the intent of the Community Design Plan.
The alignment of
the Cope Road extension differs from the Community Design Plan as the geometry
of the intersection would be unsafe and required adjustment. The property owners to the west who would be
impacted by the realignment have agreed to the new configuration.
The requested zone – General Mixed Use
Subzone One has appropriate permitted uses for a Neighbourhood Commercial designation. The requested additional automotive service
station, gas bar and car wash are uses contemplated in this site’s
designation. The requested amusement
centre can be in keeping with the intended service level depending on the scale
of the facility.
Traffic and Design Issues
The Concept Plan attached as Document 3 shows the largest building fronting towards Fernbank Road and away from the neighbourhood gateway at Cope Road. Smaller buildings are shown closer to the gateway entrance. The concerns with meeting the intent of the gateways and community and urban design guidelines will be addressed through the site plan control process. Some works will be required through the site plan process to address roadways, traffic and transit concerns. Cope Road will need to be extended to provide servicing and all directional access to the site. The provision of transit services to the site maybe problematic in the shorter term until the community builds out further and can provide for the required connections.
These lands lie within the sewershed of the Hazeldean Pump Station (HPS) which currently does not have the capacity available to allow the Fernbank Lands to develop. There are a series of upgrades underway to increase the capacity of the station. Until such time as the HPS has demonstrated capacity a holding symbol will remain in place on these and other Fernbank lands. The use of a holding symbol for limiting development for specific reasons such as servicing constraints is contemplated within the Official Plan. The holding zone exception will contain the same restrictions on use and provisions for removal as the balance of the Fernbank Community lands recommended in the concurrent application noted below.
D02-02-10-0079 is a City-initiated zoning application to implement a holding zone on all of the Fernbank Community lands. It will clearly define the triggers for allowing the lands to develop once certain works and Ministry of the Environment approvals for the Hazeldean Pump Station are in place. The subject lands had initially been included within the same application for holding, but were removed to be included in the site specific rezoning that had been applied for. The provisions for the holding – both permitted uses and provisions for lifting of the holding - will be the same for both applications.
A site plan control application D07-12-10-0275 was filed on November 15, 2010 for the subject lands.
Planning Fees
The Manager, Development Review has delegated authority from Council to approve ‘Lifting of Holding By-law’ applications. Given the requirements for lifting of the holding are set out and the level of staff review is minimal, it is appropriate that the application fee be waived. Any application for the lifting of the holding filed in advance of the completion of the EA works for the Schedule A+ and the approval of the Schedule B EA will be deemed to be premature and will not be processed.
Summary
Proceeding with the rezoning of the commercial block in the Fernbank Community to the General Mixed Use Subzone One exception zone is in keeping with the direction of the Community Design Plan but as sanitary sewer servicing capacity is currently not available, a holding zone is appropriate as the rezoning would otherwise be deemed to be premature.
There are no current environmental implications with the recommended zoning. Issues with the environment will be primarily relating to stormwater management and will be addressed through the more detailed site plan control process.
The subject site will impact the rural residences in the immediate area. Efforts will be made through the site plan control process to minimize those impacts.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The applicant hosted an Open House on September 9, 2010 and a subsequent community meeting was held by the City on November 29, 2010. Additional information on the consultation process is provided in Document 4.
The Ward Councillor is aware of the application.
If this matter were appealed to the Ontario Municipal Board, it is estimated that a two-day hearing would result. Should the zoning amendment be refused, reasons will have to be provided and, upon appeal, it would be necessary to retain an outside planner. The estimated cost would be $25,000 to $30,000.
The proposed development and planning applications align with the City Strategic Plan in that the limits of existing hard services are respected and that the infrastructure required for new growth is built and improved as needed to service the growth.
There are no direct financial implications associated with this report.
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Concept Plan
Document 4 Consultation Details
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.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
1. Rezone the subject properties as shown in Document 1 such that:
a. Area A is rezoned from DR to GM1[XXXX]-h; and,
b. Area B is rezoned DR to DR[XXXY]-h.
2. Amend Section 239 – Exceptions of By-law 2008-250 to create an exception, GM1[XXXX]-h, for Area A as shown in Document 1, that includes in effect the following:
In Column III
“ - Amusement Centre
- Automobile Service Station
- Car Wash
- Gar Bar”
In Column IV
“ - all permitted uses, except:
a. Those uses that existed on February 9, 2011, or
b. Any use or development that does not result in increased sanitary flow to the Hazeldean Pump Station,
are prohibited until the holding symbol is removed.”
In Column V
“The holding symbol will not be removed until such time as:
a. an application for Site Plan Approval has been approved.
b. the works to bring the capacity of the Hazeldean Pump Station to 1225 l/s are complete;
c. the Ministry of Environment has approved the Schedule B Environmental Assessment to bring the capacity of the Hazeldean Pump Station up to 1400 plus l/s; and,
d. it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that the Hazeldean Pump Station has the necessary capacity to permit development pursuant to the approved Site Plan.”
3. Amend Section 239 – Exceptions of By-law 2008-250 to create an exception, DR[XXXY], for Area B as shown in Document 1, that includes in effect the following:
In Column IV
“ - all permitted uses, except:
a. Those uses that existed on February 9, 2011, or
b. Any use or development that does not result in increased sanitary flow to the Hazeldean Pump Station,
are prohibited until the holding symbol is removed.”
In Column V
“The holding symbol can be removed only at such time as:
a. the works to bring the capacity of the Hazeldean Pump Station to 1225 l/s are complete;
b. the Ministry of Environment has approved the Schedule B Environmental Assessment to bring the capacity of the Hazeldean Pump Station up to 1400 plus l/s; and,
c. it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that the Hazeldean Pump Station has the necessary capacity to permit development of the property.”
CONCEPT PLAN DOCUMENT 3
CONSULTATION DETAILS DOCUMENT 4
NOTIFICATION AND CONSULTATION PROCESS
Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments. Notice of the application was circulated to neighbours within 120 metres of the subject lands as well as to the community association. One developer hosted Open House was held on September 9, 2010 and a Community Information and Comment Session Meeting was held November 29, 2010 – both at the Goulbourn Recreation Complex. Approximately 20 people attended the community meeting.
SUMMARY OF PUBLIC INPUT
The initial input provided by the community association and the neighbours both from the circulation process and the Community Information and Comment Session is summarized in the following list. Staff response to the comment or concern immediately follows each point.
Comment: Concern was expressed over the traffic impact of the proposed development and specifically as to whether it had been updated from the original traffic report to reflect the Soho development to the east.
Response: It was noted that the traffic study has been updated as filed with the site plan application and works associated with the traffic study will be required as part of any site plan approval.
Comment: Concern was expressed over the proposed zoning by-law amendment and concept plan not complying with the intent of the Community Design Plan (CDP) to serve this portion of the community.
Response: Given the eight-hectare size of the site and the permitted uses identified within the CDP, the intent is more towards larger retail development than a more traditional corner plaza seen in previous decades. The site plan will need to meet the intent of the guidelines for this Neighbourhood Commercial area, including the architectural treatment of the building.
Comment: Providing underground parking was suggested.
Response: Underground parking is an option but not a requirement and can be cost prohibitive.
Comment: The proposed timing of construction was questioned.
Response: The applicant indicated the ideally they are looking for late 2011 start for construction. Under the terms of the proposed holding zone, the development cannot proceed until such time as the servicing constraints have been addressed.
Comment: Management of traffic in and out of the site was questioned.
Response: It was noted that there is to be an all directional signalized access at the Cope Road extension and off of Fernbank Road as well as a right-in and right-out off of Terry Fox Drive.
Comment: It was asked if the buildings on site could be built higher.
Response: It was indicated that it is possible but not proposed at this time.
Comment: Was Fernbank Road to be widened?
Response: Fernbank Road will be widened as needed as the development abutting it moves forward. It is not scheduled to be full, redeveloped to an urban road at this time.
Comment: It was questioned as to how this development could start when there is a concern with the capacity of the Hazeldean Pump Station.
Response: The applicant has amended the application to add a holding provision on the zoning to ensure that there is the capacity at the Hazeldean Pump Station before the development is allowed to proceed with construction.
Comment: Does the site lie within the Carp River flood zone?
Response: No, the site does not lie within the flood plain of the Carp River. The site drains south and is a tributary of the Monahan Drain which feeds into the Jock River.
Comment: It was asked if there would be a park and ride facility at this shopping centre.
Response: It was noted that the main transit system will run along the North-South Arterial and as such there are three transit station and possible park and ride locations along it. It is not anticipated that this shopping centre will include a Park and Ride.
Comment: Concern has been expressed with the alignment of the proposed Cope Road extension
Response: An alignment has been agreed to by the adjacent landowners.
Comment: Concern was expressed over the capacity of local drainage systems to accommodate the development.
Response: The applicants have demonstrated that conceptually the storm drainage can be accommodated. Detailed design work is required as part of the site plan control process.
Comment: Concern was expressed over the potential impact of construction on adjacent wells.
Response: As part of the CDP, development approvals will contain provision for predevelopment well surveys for well construction state, and water quality and quantity. If during construction there is an issue with the well an independent review will be required. An interim water supply will be provided by the developer. If the development is found to be at fault then a new water supply would need to be provided at the cost of the developer.
ZONING - 5343,
5351, 5355, 5357 AND 5371 FERNBANK ROAD
ZONAGE - 5343, 5351, 5355, 5357 ET 5371, CHEMIN FERNBANK
ACS2011-ICS-PGM-0010 STITTSVILLE (6)
(This matter
is Subject to Bill 51)
Cheryl McWilliams, Planner,
provided an overview of the application and staff’s rationale for recommending
approval with the provision of a holding zone.
A copy of her PowerPoint presentation is held on file with the City Clerk.
Councillor Hume wondered why uses
such as automobile service station, gas station and car wash were being added
to the General Mixed Use (GM) zone. Ms.
McWilliams indicated that those automobile-related uses were indeed
contemplated at that location in the Fernbank Community Design Plan (CDP), and
Councillor Hume indicated that he would support them if they were included in
the CDP, though he would not have otherwise.
Councillor Qadri had questions
with respect to how the proposed large retail fit within the Neighbourhood
Commercial designation in the Fernbank CDP.
He suggested that, while there is no definition of Neighbourhood
Commercial, those involved in the CDP process would have thought it meant
smaller scale enterprises than what is proposed. Ms. McWilliams noted that the Neighbourhood
Commercial designation speaks to an eight hectare parcel of property, and that
size of a property of such a size that it does not lend itself to smaller
convenience stores, but rather a larger “big box” retail type of use. The CDP did not specifically prohibit the
size of the buildings, so the City is not in a position to further limit the
size through the zoning. She noted that the CDP also permits both retail and
retail food stores.
In response to further questions
from Councillor Qadri with respect to the storm water pond, Ms. McWilliams
confirmed that the original concept plan filed with the rezoning would have
reduced the size of the storm pond from the CDP direction. She indicated that staff felt it was
premature to discuss reducing the pond size when this is the first detailed
application for the Fernbank Lands, and have had discussions with the
applicant.
In response to questions from
Councillor Qadri with respect to the addition of “Amusemsent Centre” as a
permitted use within the GM zone, Ms. McWilliams confirmed that this would be
for an indoor facility within one of the retail units, such as an arcade or
laser tag. She further confirmed that
circulation to the community had been done as part of the rezoning application
process, and staff did not receive any specific comments with respect to the
uses.
In response to a follow-up
question form Councillor Hubley with respect to the storm water pond, Ms.
McWilliams confirmed that staff was not proposing any changes to the storm pond
for this storm water management area as part of this application.
Committee then heard from the
following public delegation:
Lloyd Phillips, spoke on behalf of the
applicant. He was accompanied by Dennis Eberhard of Smart Centres, and
counsel Paul Webber of Bell Baker LLP.
He spoke in support of the proposed Zoning details with the exception of
the provisions for lifting of the holding zone. He noted that the development
would implement the Fernbank CDP, and there were two public events held with
respect to the proposal, an open house and a community meeting.
With respect to the holding zone,
he indicated that they were not opposed to the holding zone on the property
pending the completion of the 1225 l/s upgrades, nor opposed to the requirement
to demonstrate capacity. He objected to
tying the lifting of the holding zone to the completion of the Environmental
Assessment to bring the Hazeldean Pump station capacity to 1400 litres per
second (l/s.)
He noted that they were only
discussing at this time the initial phase of development subject to the current
site plan application (Area A on the location map) which was ready to proceed
to development this year. He suggested the impact of this type of commercial
development was small, at six l/s.
Mr. Eberhard noted that they had
submitted their rezoning application on April 30, 2010, they had submitted
their Site Plan application and are interested in moving forward with the
development. He asked Committee to
consider that the proposal represented new assessment for the City and hundreds
of new jobs for the area.
Mr. Webber emphasized that they
respected the fairness inherent in what staff is recommending, in that the
people waiting the longest should have first priority on capacity, while those
who do not need capacity right away should wait. However, he suggested that in this case there
was a risk of significant delay if bump-up requests were received on the
Schedule B EA works, sacrificing $20 million worth of assessment and economic
activity for the city. He noted that this property would be first in line, as
the first to come forward in the Fernbank CDP area, and would have minimal
capacity impact since it is a commercial development. He suggested it would be fair to everyone,
including the City and taxpayers, to allow the development to proceed after the
Schedule A+ works.
In response to questions from
Chair Hume, Mr. Moodie explained staff’s opinion that these lands should be
treated the same as the other lands within the Fernbank CDP in the interest of
fairness.
Councillor Qadri commented on the
different uses being recommended for the site, beyond what is generally
permitted in the GM zone. He expressed concern that there had not been adequate
opportunity for consultation with the wider community on these uses. He expressed particular concern with the
amusement centre use and the potential for extended hours and other associated
community impacts. He agreed with the
staff recommendation with respect to the holding zone, and treating all
applicants equally. He expressed he
overall support for the staff recommendation. Committee then approved the
report recommendation as presented.
That the recommend Council:
1.
Approve an amendment to the Zoning By-law 2008-250 to change the zoning
of 5343, 5351, 5355, 5357 and 5371 Fernbank Road from Development Reserve (DR)
to General Mixed Use Subzone One exception zone [XXXX] with a holding symbol
(GM1[XXXX]-h) and Development Reserve (DR) to Development Reserve exception
zone [XXXY] with a holding symbol (DR[XXXY]-h), as shown in Document 1 and as
detailed in Document 2.
2.
Delegate to the General Manager Planning and Growth Management the
authority to waive the planning fees, identified in the Planning Fee By-law
(2010-110), for ‘Lifting Holding By-law’ application related to the subject
‘h’.
CARRIED
Councillor R. Chiarelli Dissented