2.
ZONING - 5873 Perth StreeT ZONAGE - 5873, rue perth |
COMMITTEE RECOMMENDATIONS AS AMENDED
(This
application is subject to the provisions of Bill 51.)
That Council approve an amendment to Zoning By-law 2008-250 to change
the zoning of part of 5873 Perth Street, from Development Reserve (DR 1) to
Rural Commercial, Subzone 11, Rural Exception with a holding symbol (RC11
[XXXr]-h), as shown on Document 1 and as detailed in Document 2, as amended
by the following:
The Holding symbol may
not be removed until such time as:
(i) it is
shown, to the satisfaction of the General Manager of Planning and Growth
Management, that there exists sufficient servicing capacity, through the
removal of extraneous flows, which will be confirmed by the Applicant; and,
(ii) the
Applicant enters into an Agreement with the City, to the satisfaction of the
General Manager of Planning and Growth Management, whereby the Applicant shall
provide a Letter of Credit to the City, the amount to be based on
industry-accepted engineering practices, representing the non-residential
proportionate share required for the necessary upgrades to the Pump Station and
forcemain, identified through the Richmond Master Servicing Study.
RECOMMANDATIONS MODIFIÉES DU COMITÉ
(Cette application est
assujettie aux dispositions du Règlement 51.)
Que le Conseil approuve une modification au
Règlement de zonage 2008-250 en vue de faire passer le zonage d’une partie du 5873,
rue Perth de zone d’aménagement futur (DR 1) à zone de commerces ruraux, sous-zone
11, exception rurale assortie d’un symbole d’aménagement différé (RC11
[XXXr]-h), tel qu’illustré dans le document 1 et exposé
en détail dans le document 2, moyennant la modification suivante :
Le symbole d’aménagement différé ne pourra être
enlevé que lorsque :
(i) il
aura été démontré, à la satisfaction du directeur général de l’Urbanisme et la
Gestion de la croissance, qu’il existe une capacité de viabilisation
suffisante, par l’élimination des eaux parasites, ce que devra confirmer le
demandeur;
(ii) le
demandeur aura passé avec la Ville une entente à la satisfaction du directeur
général de l’Urbanisme et de la Gestion de la croissance, en vertu de laquelle
le demandeur fournira à la Ville une lettre de crédit dont le montant sera basé
sur les méthodes d’ingénierie acceptées par l’industrie et représentant la
proportion non résidentielle des améliorations nécessaires à la station de
pompage et à la conduite de refoulement, en vertu du Plan directeur de
viabilisation du village de Richmond.
Documentation
1. Deputy City Manager’s Report,
Infrastructure Services and Community Sustainability, dated 11 May 2011
(ACS2011-ICS-PGM-0106).
2. Extract of Draft Minutes, 2 June 2011.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des affaires
rurales
and Council / et au Conseil
11 May 2011 / le 11 mai 2011
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: |
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OBJET : |
REPORT RECOMMENDATION
That the Agriculture and Rural
Affairs Committee recommend Council approve an amendment to Zoning By-law
2008-250 to change the zoning of part of 5873 Perth Street, from Development
Reserve (DR 1) to Rural Commercial, Subzone 11, Rural Exception with a holding
symbol (RC11 [XXXr]-h), as shown on Document 1 and as detailed in Document 2.
RECOMMANDATION
DU RAPPORT
Que le Comité de l’agriculture
et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de
zonage 2008-250 en vue de faire passer le zonage d’une partie du 5873, rue
Perth de zone d’aménagement futur (DR 1) à zone de commerces ruraux, sous-zone
11, exception rurale assortie d’un symbole d’aménagement différé (RC11 [XXXr]-h),
tel qu’illustré dans le document 1 et exposé en détail dans le document 2.
The subject lands form part of 5873 Perth Street, and are situated at the northeast corner of Perth Street and Shea Road in the Village of Richmond (as shown in Document 1).
The development proposed for the
subject lands is a retail commercial shopping centre, consisting of multiple
buildings, a gateway feature and associated parking. The subject lands consist of an approximately
4.0 hectare parcel of land which is part of a larger land holding. It is proposed that the subject lands be
severed from this larger land holding.
The severed portion is proposed to have a frontage of approximately 140 metres
along Perth Street and 240 metres along Shea Road. A barn, a silo and three storage buildings are
located on the subject lands and the surrounding land has been utilized for
crop production associated with agriculture.
The subject lands are generally flat and
partially within the 1:100 year limit floodplain area of Flowing Creek (as
shown in Document 1). Permission from the Rideau Valley
Conservation Authority has been granted for a balanced cut-fill of the larger
land holding, raising the grade of the subject lands to be above the 1:100 year
floodplain limit.
East of the subject lands, on the
north side of Perth Street, is a single residential dwelling, a farm equipment
sales operation and a gas bar and convenience store. Existing land uses on the south side of Perth
Street consist of a cemetery, residential dwellings, abandoned agricultural
buildings and a commercial nursery/garden centre. To the west is a gas bar, convenience store
and future drive through restaurant and single detached dwellings.
Prior to the proposed development, a Site Plan
application would be required, which would be subject to an additional public
consultation process.
Existing Zoning
The current zoning on the subject lands is "Development Reserve, Subzone 1" (DR1) in the City of Ottawa Comprehensive Zoning By-law 2008-250.
Proposed Zoning
To
facilitate the proposed development, the Zoning By-law amendment request is to
zone the subject lands to a "Rural Commercial, Subzone 11" with a
site specific exception and holding designation (RC11[XXXr]-h). The purpose of the exception would be to
permit additional uses that are currently not included in the list of permitted
uses for the RC11 zone. The holding
symbol is to impose conditions for the developer to demonstrate that services
are adequate to support the development prior to its lifting and to not proceed
until development charges for Richmond have been modified to reflect the
proposed improvements to the sanitary sewer system.
The
changes to the floodplain overlay will be accommodated separately from this
zoning application since the mapping of the precise boundary change will not be
determined until the lands have actually been cut and filled. The developer is seeking approval of the
proposed uses, in order to secure tenants prior to carrying out the cut and
fill work. Site Plan approval cannot be
granted until the flood plain overlay is modified and the subject lands are no
longer included.
Official Plan
The subject lands are designated “Village” in the City of Ottawa Official Plan which is intended to be the focus of rural growth, a central place that provides residents with access to services and a place that provides for the daily needs of residents living in the community and the surrounding area.
Portions of the lands to be developed are within the Flood Plain overlay. However, it is anticipated that the portion of Flood Plain overlay affecting the lands to be developed will be removed when cut and fill works have been completed for the larger land holding, as approved by the Rideau Valley Conservation Authority.
Village of Richmond Community Design Plan, July 2010
The lands are designated as “Village Commercial 1” and are in part, subject to a “Floodplain - Interim” overlay in the recently approved Village of Richmond Community Design Plan.
The majority of the policies will be highly relevant at the time of Site Plan in regards to the layout and design of the site and buildings. However, for the purposes of this Zoning By-law Amendment, the following policies are relevant.
4.0 Land Use
Under Policy 4.0 (2) it is indicated that the developer will be required to demonstrate that their proposal is in accordance with the Servicing Policies of Village of Richmond Community Design Plan and the Official Plan.
Under Policy 4.0 (3) The City will evaluate a proposal to change the designation of land from one category to another against its ability to meet the provisions of Section 1.4 Visionary Principles; Section 1.5 Liveable Community Initiatives; and Section 4.0 Land Use.
Staff Response
Sanitary sewer servicing within the Village of Richmond is at capacity. It is anticipated that there will be pump station and sewer main improvements in the near future. The applicant proposes to find capacity through improvements to the system (such as removing current sump pumps that pump into the system) at their cost. This would be considered an interim solution, and the applicant would be required to pay the development charges that will be put in place to reflect the long-term upgrades.
There is some risk that the proposed improvements to the pump station and forcemain will not meet fruition, creating a ‘temporary” situation that could exist for many years. It is highly likely that the improvements to the pump station and forcemain will be proceeding. In addition, risk is also lowered due to peak flows for commercial development happening at different times than peak residential flows, and commercial flows are significantly less than residential flows.
The proposal to rezone the lands for a retail commercial shopping centre is consistent with objectives of the Village of Richmond Community Design Plan. Section 4.0 Land use specifically recognizes a retail commercial shopping centre at the northeast corner of the Perth Street / Shea Road intersection.
4.2 Village Commercial
Policy 4.2 (1) states that uses permitted on lands designated Village Commercial include, retail and service commercial uses, institutional uses, car-oriented uses and facilities that serve residents, visitors and the surrounding community.
Staff Response
The uses proposed for this proposed development are consistent with those described in Policy 4.2 (1).
4.2.1 Village Commercial 1
Policies for 4.2.1 include the policies listed under the parent designation “Village Commercial”, in addition to additional specific policies for “Village Commercial 1”. A concept plan has been submitted and reviewed and will require modifications at the time of Site Plan review in order to meet the policies of the Village of Richmond Community Design Plan. However, some of the significant policies that have been demonstrated in the Concept Plan submitted for this application are:
1. Parking not to be located directly adjacent to Perth Street
2. A total maximum gross floor area permitted to not exceed 7,000m2 (75,347 square feet), and no single individual occupancy to exceed 2,790m2 (30,031 square metres).
3. Drive through lanes not in front of street-oriented buildings along Perth Street.
4. A sidewalk to be extended along Perth Street and a sidewalk to be provided along Shea Road.
5. A design feature to be provided as a focal point at the corner of Perth Street and Shea Road.
6. Servicing of these lands to be based on the recommendations contained in the Master Servicing Study for the Village of Richmond.
Staff Response
The concept plan is sufficient to
demonstrate that a retail commercial
shopping centre can be developed to meet relevant planning policies, including
those within the Official Plan and Village of Richmond Community Design
Plan.
The requirement to enter into a site plan agreement gives the City the
ability to ensure that most of the policies under 4.2.1 will be followed. However,
the Gross Floor Area (GFA) requirements are prescriptive in the Village
of Richmond Community Design Plan and
will be included in the new zoning.
4.3.6 The Floodplain
Policy 4.3.6(3) of the Village of Richmond Community Design Plan states that the subject property (and three others) are subject to an “Interim Floodplain” overlay on Schedule A. Within areas subject to this limitation, the Plan recognizes that the Rideau Valley Conservation Authority has a) approved a change in principle; and b) received an application to modify the floodplain. The reference to interim is to recognize that when the Rideau Valley Conservation Authority changes their floodplain mapping for these lands, development can proceed based on the underlying land use designations and in accordance with the Demonstration Plans without amending the flood plain shown on Schedule A to the Community Design Plan.
Staff Response
As noted above, a cut and fill permit has been granted to the developer. Once the cut and fill is completed and reviewed by the RVCA, the revised flood plain overlay will be incorporated into the Zoning By-law mapping through an anomaly report, separate from this application.
7. Village Design Guidelines
Staff Response
Many of the design guidelines will be more relevant at the time of Site Plan Control, with the submission of a Design Brief. Some key relevant elements listed in this section and portrayed in the concept plan are:
1) The corner of Shea and Perth is considered a “Focal Point” and requires that buildings directly abut focal points. In addition, within 30 metres of a focal point, parking should not be located at the front or exterior side yard of a building.
2) Shea Road is to have sidewalks on one side of the Street and trees should be in the outer boulevard adjacent to the sidewalk. Perth Street should have buildings close to the street and a maximum of one tier of parking in the front yard with sidewalks on both sides of the street.
Zoning By-law
The lands are zoned as Development Reserve Subzone 1 (DR1) in Comprehensive Zoning By-law 2008-250. The purpose of the DR1 zone is to recognize lands intended for future village development in areas designated as Village in the Official Plan; to limit the range of permitted uses to those which will not preclude future development options; and to impose regulations which ensure a low scale and intensity of development to reflect the characteristics of existing land uses.
The property owner has requested an RC11 zone with exception to allow the following uses:
Uses as listed for the RC11 Zone
amusement centre
artist studio
automobile rental establishment
automobile dealership
automobile service station
bank
bed and breakfast establishment
catering establishment
convenience store
drive-through facility
dwelling unit
funeral home
gas bar
heavy equipment and vehicle sales, rental and servicing
light industrial use, limited to bakery
medical facility
office
personal service business
place of assembly
restaurant
retail store
retail food store
Uses to be added by means of an exception
animal care establishment
animal hospital
bank machine
daycare
hotel
instructional facility
service and repair shop
small batch brewery
All uses above are contemplated for various Rural Commercial subzones with the exception of “instructional facility”, “service or repair shop” and “small batch brewery”. However these uses meet the intent of the uses listed in the Policy 4.2 (1) of the Village of Richmond Community Design Plan, and are considered appropriate when located within a shopping centre.
In addition, the Zoning By-law allows a minimum six metre front yard
setback. In the context of this site, it
is deemed appropriate that a minimum setback of three metres be allowed, which is
added to the new zoning.
Traffic Implications
A Community Transportation/Transportation Impact Study was submitted and it was determined that the proposed development can be accommodated through modifications, including the provision of turning lanes and sidewalks. The specifics of these requirements will need to be demonstrated at the time of Site Plan Control.
It was determined that an Environmental Impact Statement was not required for the subject lands. A Phase I Environmental Site Assessment was provided for review and it was concluded that there most likely is no contamination on the proposed lands. In addition, the Rideau Valley Conservation Authority has reviewed the application in regards to Flowing Creek and the flood plain and a cut and fill proposal has been approved. The impact of the rezoning application is viewed as negligible.
The addition of a retail commercial shopping
centre to the village will help reinforce the role of Richmond as a commercial
focus for the residents within the village and the surrounding rural area.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.
The Councillor is aware of the application
There are no legal implications associated with this report.
N/A
The costs associated with the interim improvement to sanitary sewer servicing will be borne by the developer. The long-term upgrades will not proceed until development charges for Village of Richmond have been modified to reflect the proposed improvements to the sanitary sewer system. The growth component of the upgrades would be funded via an area-specific development charge. The benefitting area would absorb the actual servicing cost, with no impact on the charge in the balance of the City. Any future front-ending arrangement would clearly specify the capital works being paid for, the cost breakdown and the terms of repayment, which is not anticipated within the current capital budget forecast.
N/A
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the complexity of the issues associated with servicing capacity.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 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
Proposed
Changes to the Comprehensive Zoning By-law
In Column II
-
RC11[XXXr]-h
In Column III - Additional Land Uses Permitted:
- Animal care establishment
- Animal hospital
- Bank machine
- Day care
- Hotel
- Instructional facility
- Service and repair shop
- Small batch brewery
In Column IV:
- All uses except existing uses until the holding symbol is removed
Column V - Provisions to be added;
-
The
holding symbol may not be removed until such time as;
(i)
it is shown, to the satisfaction of the General
Manager of Planning and Growth Management, that there exists sufficient
servicing capacity to permit the development of the property
(ii) development
charges for Richmond have been updated to reflect the necessary upgrades to the
pump station and forcemain, identified through the Richmond Master Servicing
Study.
- Maximum cumulative total gross floor area for all uses: 7,000 m2
- Maximum gross floor area for each individual occupancy: 2,790 m2
- Buildings shall be setback a minimum of 3 metres along the Perth Street frontage
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. No public meetings were held in the community.
SUMMARY OF PUBLIC COMMENTS
Comments were received from nine residents who live within 120 metres of 5873 Perth Street and are summarized as follows.
1) The land should not be removed from agriculture production.
2) Looking out at a shopping mall and or parking lot instead of the farm and crops is heartbreaking. Home environment will be impacted with construction, traffic and inconvenience as area is being “citified”.
3) Concerns with traffic congestion on Shea Road.
4) Concern accesses may be too close to the existing access to the McEwen’s in regards to traffic congestion.
5) Concern with impact on water table and residents’ wells.
6) Concerns with noise.
7) Concerns with increase in garbage.
8) Concern with flooding on homeowners properties from cut and fill process.
9) Concern with site specific exceptions allowing anything to go in the plaza, such as low income housing.
10) Existing Plaza in Richmond should be demolished and replaced with a new on the same land instead of at this location.
11) There is a drive-through restaurant use without a tenant across from this proposal. There are too many unrented spaces in Richmond.
12) With increases in population, where will the schools go?
Staff Response
Although the lands currently are being utilized for crop production, they are not zoned or designated as “Agricultural Resource Area”, which would protect lands for Agriculture. The lands were recognized as part of the village and were designated as “future development” for at least the last twenty years. It has been anticipated for many years that the lands would be developed as part of the Village of Richmond. More recently, the Richmond Community Design Plan, adopted July 14, 2010, after extensive consultation with the public, designated the subject lands as Village Commercial 1, anticipating retail and service commercial uses.
Included in the submission of the Zoning Amendment Application was a Community Transportation Impact Study that demonstrated that the proposed development can be accommodated with various improvements including turning lanes and sidewalks to be provided. In addition, a Hydrogeological Study Report demonstrated that the lands could be provided the required quality and quantity of water necessary without impacting the wells currently in existence. It was determined at the time of preconsultation that a Noise Study would not be required after consideration of the proposed uses and existing uses in the area.
Issues associated with garbage will be dealt with at the time of Site Plan Control.
There will be no additional flows from 5873 Perth Street onto adjacent properties. The cut and fill approval is basically to move where the waters would flood to, but within the same property.
It is not the purpose of the Planning Branch to determine if certain commercial development proposals are warranted by the economy. Nor is it the purpose of the Planning Branch to tell a property owner to redevelop their site (in the case of the existing plaza). However, the developer has submitted a Market Evaluation for the proposed plaza which indicates that there is a demand for the development proposed.
It is residential developments and not commercial developments that generate students. The school boards review plans of subdivisions and secondary plans to determine whether the estimated populations for proposed residential developments will require an additional school. Lands are purchased by the school boards when deemed necessary. Provisions have been made for an additional school site in the Village of Richmond Community Design Plan to accommodate residential growth.
COMMUNITY ASSOCIATION COMMENTS
The Richmond Village Association was circulated the proposal and no comments were received.
ZONING - 5873 Perth Street
ZONAGE -
5873, rue perth
ACS2011-ICS-PGM-0106 RIDEAU-goulbourn (21)
(This application is subject to the
provisions of Bill 51.)
REPORT RECOMMENDATION:
That the Agriculture and
Rural Affairs Committee recommend Council approve an amendment to Zoning By-law
2008-250 to change the zoning of part of 5873 Perth Street, from Development
Reserve (DR 1) to Rural Commercial, Subzone 11, Rural Exception with a holding
symbol (RC11 [XXXr]-h), as shown on Document 1 and as detailed in Document 2.
Ms. Lorraine Stevens,
Planner, Development Review, Rural Services Branch (West), PGM, ISCS, spoke to
a PowerPoint slide presentation which served to provide the Committee with an
overview of the staff report. A copy of
the presentation is held on file with the City Clerk.
Mr. Murray Chown (Novatech Engineering) was the only registered speaker, and spoke in
opposition to the report recommendation.
Correspondence related to this matter was also
received from Mr. Cal Kirkpatrick, President, Development, Colonnade
Developments (held on file with the City Clerk).
As this meeting had been rescheduled from its advertized time of 7:00
p.m. to 4:30 p.m., notification timelines had proven insufficient to comply
with notice requirements under the Planning
Act. Hence, consideration and
approval of this item was temporarily deferred until 7:00 p.m., at which time
the following Motion was submitted by Councillor Moffatt for the Committee’s
consideration:
MOTION No. ARA 8/2
Moved by Councillor S. Moffatt:
WHEREAS the proposed zoning amendment for 5783 Perth
Street will facilitate the development of a Village scaled shopping plaza;
AND WHEREAS a retail market study completed by Malone
Given Parsons has demonstrated the need for additional retail services in the
Village of Richmond;
AND WHEREAS the development of the community shopping
plaza requires only limited capacity in the sanitary sewer system for the
Village of Richmond;
AND WHEREAS temporary capacity can be provided through
the removal of extraneous flows from the sanitary system;
AND WHEREAS the owner has agreed to fulfill his
obligations through the payment of development charges for the ultimate
improvements to the pump station and sanitary forcemain serving the Village of
Richmond;
THEREFORE BE IT RESOLVED THAT, Details of Recommended
Zoning, Document 2 in report ACS2011-ICS-PGM-0106 be amended to read:
The Holding symbol may not be removed until such time
as:
(i) it is
shown, to the satisfaction of the General Manager of Planning and Growth
Management, that there exists sufficient servicing capacity, through the
removal of extraneous flows, which will be confirmed by the Applicant; and,
(ii) the
Applicant enters into an Agreement with the City, to the satisfaction of the
General Manager of Planning and Growth Management, whereby the Applicant shall
provide a Letter of Credit to the City, the amount to be based on
industry-accepted engineering practices, representing the non-residential
proportionate share required for the necessary upgrades to the Pump Station and
forcemain, identified through the Richmond Master Servicing Study.
Following
Committee discussion, the report recommendations, as amended by Motion ARA 8/2
and set out below, were then put to Committee:
That the Agriculture and Rural Affairs Committee
recommend Council approve an amendment to Zoning By-law 2008-250 to change the
zoning of part of 5873 Perth Street, from Development Reserve (DR 1) to Rural
Commercial, Subzone 11, Rural Exception with a holding symbol (RC11 [XXXr]-h),
as shown on Document 1 and as detailed in Document 2, as amended by the
following:
The Holding symbol may not be removed until such time
as:
(i) it is
shown, to the satisfaction of the General Manager of Planning and Growth
Management, that there exists sufficient servicing capacity, through the
removal of extraneous flows, which will be confirmed by the Applicant; and,
(ii) the
Applicant enters into an Agreement with the City, to the satisfaction of the
General Manager of Planning and Growth Management, whereby the Applicant shall
provide a Letter of Credit to the City, the amount to be based on
industry-accepted engineering practices, representing the non-residential
proportionate share required for the necessary upgrades to the Pump Station and
forcemain, identified through the Richmond Master Servicing Study.
CARRIED