1. OFFICIAL PLAN AND ZONING AMENDMENT TO THE FORMER CITY OF NEPEAN FOR 2 CRESTWAY DRIVE/99BARONESS DRIVE
MODIFICATION DU PLAN OFFICIEL ET DU ZONAGE DE L’ANCIENNE VILLE DE
NEPEAN - 2, PROMENADE CRESTWAY/99, PROMENADE BARONESS
COMMITTEE RECOMMENDATIONS AS AMENDED
That the Council:
1. Approve an amendment to the former City of Nepean Official Plan to change the designation from Open Space to Residential;
2. Approve an amendment to the former City of Nepean Secondary Plan for Areas 4, 5, 6 from Greenway to a form of mixed density residential;
3. Approve an amendment to the former City of Nepean Zoning By-law 100-2000 from CON, Conservation Zone, to CA3(CN), Commercial Automotive Zone;
4. That Tartan deed the balance of 8.6 acres to the City and that uses not include drive through, car wash or automotive repair use; and
5. That serviceability of the site be proven and all costs be incurred by the developer.
6. That no further notice be provided pursuant to Section 34 (17) of the Planning Act RSO 1990 c.
Que le Conseil municipal :
1. d’approuver une modification au Plan officiel de l’ancienne Ville de Nepean visant à remplacer la désignation de Zone d’espace vert par la désignation de Zone résidentielle;
2. d’approuver une modification au Plan secondaire de l’ancienne Ville de Nepean visant à remplacer la désignation de Réseau de verdure par une forme d’aménagement résidentiel à densité mixte pour les secteurs 4, 5 et 6;
3. d’approuver une modification au Règlement municipal de zonage 100-2000 de l’ancienne Ville de Nepean visant à remplacer la désignation de CON, Zone de conservation par la désignation de CA3 (CN), Zone commerciale automobile;
4. que Tartan cède le reste des 8,5 acres à la Ville et que les usages du terrain ne comprennent pas le service à l’auto, le lave-auto ou la réparation d’automobiles;
5. que le bon état de services de l’emplacement soit prouvé et que les coûts soient assumés par le promoteur;
6. qu’aucun nouvel avis ne soit donné conformément à la Section 34 (17) de la Loi sur l’aménagement du territoire L.R.O. 1990 c.
1. Development Services Department General Manager’s report dated 10 April 2003 (ACS2003-DEV-APR-0079).
2. An Extract of Draft Minutes, 12 June 2003, will be distributed prior to Council.
Report to/Rapport au:
Comité de l’urbanisme et de l’aménagement
and Council/et au Conseil
10 April 2003 / le 10 avril 2003
Submitted by/Soumis par: Ned Lathrop, General Manager/Directeur général
Contact/Personne-ressource: Karen Currie, Manager, Development Approvals / Gestionnaire, Approbation des demandes d’aménagement
580-2424 ext. 28310, email@example.com
Ref N°: ACS2003-DEV-APR-0079
SUBJECT: OFFICIAL PLAN AND ZONING AMENDMENT TO THE FORMER CITY OF NEPEAN FOR 2 CRESTWAY DRIVE/99BARONESS DRIVE
OBJET: MODIFICATION DU PLAN OFFICIEL ET DU ZONAGE DE L’ANCIENNE VILLE DE NEPEAN - 2, PROMENADE CRESTWAY/99, PROMENADE BARONESS
That the Planning and Development Committee recommend Council:
1. Refuse an amendment to the former City of Nepean Official Plan to change the designation from Open Space to Residential.
2. Refuse an amendment to the former City of Nepean Secondary Plan for Areas 4, 5, 6 from Greenway to Institutional.
3. Refuse an amendment to the former City of Nepean Zoning By-law 100-2000 from CON, Conservation Zone, to CA3(CN), Commercial Automotive Zone.
Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal :
1. de refuser une modification au Plan officiel de l’ancienne Ville de Nepean visant à remplacer la désignation de Zone d’espace vert par la désignation de Zone résidentielle;
2. de refuser une modification au Plan secondaire de l’ancienne Ville de Nepean visant à remplacer la désignation de Réseau de verdure par la désignation de Zone institutionnelle pour les secteurs 4, 5 et 6;
3. de refuser une modification au Règlement municipal de zonage 100-2000 de l’ancienne Ville de Nepean visant à remplacer la désignation de CON, Zone de conservation par la désignation de CA3 (CN), Zone commerciale automobile.
This property is located on the northwest corner of the intersection of Crestway Drive and Regional Road 73 also known as Prince of Wales Drive. The parcel of land has an area of approximately 0.56 hectares and is currently vacant. The surrounding area uses consist of a low-density residential area and open space, that has been zoned “Conservation”, along the west side of Prince of Wales Drive.
The lands associated with this rezoning request are included in a larger block identified on a draft plan of subdivision. Through the subdivision of these lands, it was staff’s position in the former City of Nepean that the lands now under consideration for rezoning were not developable. In the absence of the City receiving an engineering study to address the serviceability of these lands, the subdivision approval required that these lands, together with the surrounding mentioned larger block of land, were to be conveyed to the City upon registration of the subdivision. As a consequence of the subdivision approval, through the related rezoning application these lands were also rezoned from FG, Future Growth Zone, to CON, Conservation Zone. The intent of the CON Zone is to preserve what may be the natural character of the land and to permit development of future recreational uses such as pathway. The rezoning of these lands was not appealed and is now final and binding. To be consistent with overall Official Plan’s Conservation Zone designation, Schedule “A” of a Secondary Plan was also amended to a Greenway designation. The intention was that these lands be conveyed to the City as open space with the registration of phase three of the subdivision.
On April 23, 2002 the City received an engineering report prepared for the applicant demonstrating that the parcel of land requested for the rezoning can be serviced and is thereby developable. In light of emerging engineering advancements described in the report, staff is now in the position to accept the conclusions of the report enabling staff to proceed in the consideration of the applicant’s Official Plan and zoning amendment request. The applicant also submitted a commercial market potential analysis dated April 4, 2003 regarding the suitability, attractiveness and market potential for this subject site that supports the official plan and zoning amendment applications.
Prince of Wales Drive has been identified a “Scenic Route” within the Region of Ottawa-Carleton Official Plan given its proximity to the Rideau River and the fact that this is a major north-south route into the City. This Official Plan directs that the visual character and impact of adjacent development along scenic routes must be addressed in any development application. Additionally, the Official Plan directs that opportunities be taken to locate such elements as planting, and pathways in the consideration of any development applications located along these corridors. In formulation of the applicable Secondary Plan for Areas 4, 5 & 6, a Greenway designation was established along the westerly and easterly side of Prince of Wales Drive. The purpose of this Greenway was to provide an open space network that would serve as a passive recreational feature in the form of a pathway.
The Secondary Plan also gives regard to a hierarchy of street types identifying Prince of Wales Drive as one of the primary north-south routes. The roadway development plan for that portion of the regional road sets out a number of requirements, including the minimization of new intersections and the prohibiting of new development in having direct vehicular access to the road. It is also the intention that a median be constructed at the time of any reconstruction of this road in order to limit left-turning vehicular movements to better facilitate uninterrupted traffic flows. Once constructed, private approaches for properties along that stretch of Prince of Wales Drive will only have a right-in and right-out vehicular movements.
The New Official Plan identifies Prince of Wales Drive as Scenic-Entry Route and, similar to the former Regional Official Plan, promotes the landscaping, berming, pathways and other features within the right-of-way and onto adjacent lands. This plan also identifies a Major Recreational Pathway along Prince of Wales Drive promoting pathway connections utilizing greenspace features. The former City of Nepean Secondary Plan for this area has been adopted into the New Official Plan that identifies the subject lands as a Greenway.
Tartan Land Corporation has requested that the Official Plan and Secondary Plan designations for this property be amended to a Residential designation and be rezoned CA3(CN), Commercial Automotive Zone. It is the applicant’s intention to development this property as an automobile service station with a restaurant as permitted by the requested zone designation. Additional permitted uses in the CA3 (CN) zone include a carwashing establishment and an automobile repair garage for minor repairs.
In order for this type of business operation to be successful full vehicular movements on Prince of Wales Drive and possibly Crestway Drive would be required. As such, it is the position of staff that this particular zoning request is not consistent with the policy direction contained in the former Region of Ottawa-Carleton and former City of Nepean Official Plans.
This inconsistency is further emphasized in the City of Nepean’s Secondary Plan for this area that specifically indicates that private approaches for new development along this portion of Prince of Wales Drive shall not be allowed. Additionally, the introduction of a commercial development of this nature would impede the satisfactorily achievement of the former Regional and City of Nepean design guidelines advocating the introduction of planting, and a conceptual pathway proposed along this portion of Prince of Wales Drive.
The Secondary Plan, as enacted, discourages commercial activity to be located along Prince of Wales. It does however place an emphasis on locating commercial uses within the core of the new community. The development plan identified a “Mainstreet” that will be located within 400 metres, or a five minute walk, to significant portion of the residential community. “Mainstreet” is intended to include a broad mix of uses including commercial uses that provide a service at a community level. The requested amendments to allow commercial automotive service station was not envisioned to be part of neigbourhood fabric but to be located outside of the community along arterial roadways.
The public was consulted by application notification signs being posted on the subject property and by the mailing of notices to community organizations serving the area. The response to the circulation is detailed in Document 5.
This application was not processed within the timeframe established for the processing of Official Plan and Zoning By-law Amendment applications owing to the technical complexities arising in the consideration of this application.
Document 1 Location Plan
Document 2 Consultation Details
City Clerk to notify the owners and the Manager of Assessment, Corporate Services Department, of City Council’s decision.
LOCATION PLAN Document 1
CONSULTATION DETAILS Document 2
Councillor Jan Harder is aware of this application.
Summary of Comments
Three comments from the community and one from a local developer with an interest in the area were received objecting to the proposed Official Plan and Zoning Amendment. The general sentiment is that these lands should remain part of the Greenway Plan complete with continuous landscaped boulevards, recreationally pathways and parkland as originally proposed in the plan of subdivision for this area. Should development be permit, it should be required to be of a similar design theme to that of the Havenlea Subdivision, buildings with peaked roofs and gables, and not just another cookie cutter commercial development. A second comment suggested it development were to be allowed that it be limited to low-density residential with a requirement to be well setback from Prince of Wales Drive.
Alternative land uses to the commercial zoning request were not considered to be practical due to the limitations of the size and servicing constraints of this site.