ZONING - 500 TERRY FOX DRIVE

 

ZONAGE - 500 Promenade Terry Fox

 

 

 

COMMITTEE RECOMMENDATION

 

That Council approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 500 Terry Fox Drive from M1C - 1H Light Industrial Mixed - Exception Holding, to M1C - 2 as a further exception to the M1C Light Industrial Mixed zone, to permit the development of an Automotive Service Centre and Accessory Restaurant as detailed in Document 3 and shown in Document 1.

 

 

RECOMMANDATION DU COMITÉ

 

Que le Conseil municipal approuve une modification au Règlement municipal de zonage de l'ancienne Ville de Kanata en vue de faire passer le zonage du 500, promenade Terry-Fox de Zone d'industrie légère mixte d'exception différée (M1C-1H) à Zone d'industrie légère mixte (M1C-2) avec une exception ajoutée à la Zone d'industrie légère mixte (M1C), afin de permettre l'aménagement d'un centre de services automobiles et d'un restaurant accessoire, comme le précise le document 3 et l'illustre le document 1.

 

 

Documentation

 

1.         Development Services Department General Manager’s report dated 10 March 2004 (ACS2004-DEV-APR-0072).

 

2.                  Extract of Draft Minutes, 13 April 2004.

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

10 March 2004 / le 10 mars 2004

 

Submitted by/Soumis par : Ned Lathrop, General Manager/Directeur général,

Planning and Development/Urbanisme et Aménagement

 

Contact Person/Personne ressource : Grant Lindsay, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca

 

Kanata (4)

Ref N°: ACS2004-DEV-APR-0072

 

SUBJECT:

ZONING - 500 TERRY FOX DRIVE (FILE NO. d02-02-03-0187)

 

 

OBJET :

ZONAGE - 500, PROMENADE TERRY-FOX (DOSSIER NO D02-02-03-0187)

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 500 Terry Fox Drive from M1C - 1H Light Industrial Mixed - Exception Holding, to M1C - 2 as a further exception to the M1C Light Industrial Mixed zone,  to permit the development of an Automotive Service Centre and Accessory Restaurant as detailed in Document 3 and shown in Document 1.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil municipal d'approuver une modification au Règlement municipal de zonage de l'ancienne Ville de Kanata en vue de faire passer le zonage du 500, promenade Terry-Fox de Zone d'industrie légère mixte d'exception différée (M1C-1H) à Zone d'industrie légère mixte (M1C-2) avec une exception ajoutée à la Zone d'industrie légère mixte (M1C), afin de permettre l'aménagement d'un centre de services automobiles et d'un restaurant accessoire, comme le précise le document 3 et l'illustre le document 1.

 


BACKGROUND

 

The subject site, 500 Terry Fox Drive, is located on the south-west side of Terry Fox Drive, Kanata, to the west of Goulbourn Forced Road and east of Campeau Drive.

 

The site is 5198sq. m. in size, with a frontage of 67.23 m and a lot depth of 63m. The site is currently undeveloped, and significant vegetation on site is limited to four existing mature trees to the rear of the site (to be retained). Surrounding land uses are commercial to the north-east (Kanata Town Centre), and south-west; a banking institution to the north-west; and an automotive service centre to the south-east.

 

The Zoning By-law Amendment (Kanata 142-93) application has been submitted to rezone the site to allow for the future development of a gas bar, convenience store, car wash and restaurant. A Site Plan application (D07-12-03-0304) has been submitted concurently with the Zoning By-law Amendment application.

 

Purpose of Zoning By-law Amendment

 

The nature of this proposed amendment concerns alterations to the current Development Standards and  Minimum Parking Space Standards as they apply to the M1C zone.

 

The proposed amendment is to permit:

 

(1)        a change (reduction) in the parking standard for the proposed Automotive Service Centre from one space per 5sq.m. to one space per 20sq.m. of floor area;

(2)        a reduction of the rear yard setback from 7.5m to 3.4m;

(3)        to allow parking to encroach by 6.0m into the 12.0m required front yard setback to Terry Fox Drive.

(4)        to allow access and fire lanes to run along the length of the minimum side yard.

 

Currently the site is zoned M1C-1(H) Light Industrial Mixed – Exception Holding, under Zoning By-law 142-93 of the former City of Kanata. The permitted uses within this zone currently include Automotive Service Centre and Restaurant as proposed by the applicant. These uses are allowed under the exception provision to the M1C Light Industrial Mixed zone.

 

All restrictions and requirements detailed within the Holding provision, currently applied to this site have been met by this proposal. A Minor Variance application (A26-95) was granted for the subject site, on August 21st 1995 to allow a gross building floor area of 240sq.m. in place of the maximum 150sq.m permitted for an Automotive Service Centre.

 

 


DISCUSSION

 

The rezoning application for the subject site conforms to both the former City of Kanata Official Plan and the Council Approved Official Plan, in respect of the proposed uses for the site.

 

The development standards applied to M1C zones within the former City of Kanata Official Plan relate to the original intention that this area would develop as a Business Park, with associated commercial uses. The generous front and rear setbacks were intended to provide for a high degree of landscaping and building separation in keeping with a campus style setting.

 

The development of the Canadian Tire retail facility is more reflective of a standard "new format" retail opportunity.  Therefore the standards of a prestige "Business Park" are not compatible with this form of development.

Details of Proposed Zoning

 

The requested amendments to the zone provision requirements for the M1C zone are to facilitate the Site Plan application for the development of a gas bar, convenience store, car wash and restaurant facility on the subject site. The details of the specific amendments and rationale for approval are as follows:

 

(1)        Reduction in Parking Requirement:

 

Considerable analysis has been undertaken with respect to the proposal to reduce the parking standards for the Automotive Service Centre. A Minimum Parking Space Standard of one space per 20sq.m. of net (building) floor space for Automotive Service Centre is comparable with parking regulations within other Zoning By-laws (Nepean, City of Ottawa), and in keeping with standards applied to existing similar facilities in the Kanata Town Centre vicinity.

 

Consistent with Kanata Zoning By-law 142-93, 5.15(b)iv, the parking requirements were considered for the separate uses proposed for the site. As such it is intended that the Minimum Parking Standards be applied as per existing provisions for the proposed restaurant facility (one space per 5.5sq.m net floor area), and that the reduced provision (one space per 20sq.m of net floor area) applies to the Automotive Service Centre, based on the proposed floorspace of the convenience store element.

 

(2)        Reduction of Rear Yard Setback:

 

Development standards for M1C zone under Zoning By-law 142-93 currently requires a minimum rear yard setback of 7.5m. The proponent is requesting a reduction in this setback requirement to 3.4m, due to space constraints within the site. The building element that would breach the existing setback requirement will be the proposed car wash facility. This boundary abuts existing commercial parking, and it is felt that the reduction of the setback at this location would have no detrimental effects to the subject site, or lands abutting. Again in analysing existing similar developments within Kanata it was found that a 3.4m rear yard setback was in excess of the what is deemed appropriate. Existing trees along this reduced setback are to be retained and enhanced with additional landscaping treatments.

 

(3)        Parking Encroachment into Front Yard Setback:

 

The minimum required front yard setback currently applied to the subject site is 12.0m. As previously discussed, the original intent for this part of the Kanata Town Centre was that it would develop as a Business Park, with large landscaped setbacks and a campus style setting. Over recent years this area has instead developed as an extension of the adjacent commercial node along Terry Fox Drive. Therefore it is felt that the development standards currently in place are no longer appropriate for commercial establishments such as that proposed for the subject site. The additional landscaping and general site repair proposed as part of the overall site development mitigates the effects of a reduction of the front yard setback to 6.0m to allow for vehicular parking. When again considering similar developments within Kanata, and especially within the Town Centre area, it was found that a front yard setback of 6.0m was in excess of that normally provided.

 

(4)        Access and Fire Lanes

 

In addition, the amendment requires the alteration of wording in Kanata Zoning By-law 142-93 paragraph 5.15 (b) (i) to allow access or fire lanes to run along the length of the minimum yard. Again this exception is required to enable the feasible development of the site in line with traffic circulation and safety requirements.

 

Concurrent Applications

 

A Site Plan Control application has been submitted concurrently, which incorporates the proposed alterations to Development and Parking Standards within the M1C zone. Issues with regard to traffic circulation and community safety will be addressed through the Site Plan review process.

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application.  The Ward Councillor is aware of this application and the staff recommendation.  The City did not receive any negative comments or opposition to this application.

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed within the timeframe established for the processing of Zoning By-Law amendments due to workload volumes and resourcing issues.

 


SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Explanatory Note

Document 3      Details of Recommended Zoning

 

DISPOSITION

 

Department of Corporate Services, Secretariat Services to notify the owner (Canadian Tire Real Estate Ltd, Lorena Tosoni, 2180 Yonge Street, PO Box 770, Station K, Toronto, ON, M4P 2V8), applicant (Trow Associates Inc, Dave Krajaefski, 154 Colonnade Road South, Ottawa, ON, K2E 7J5), All Signs, 8692 Russell Road, Navan, ON  K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council’s decision.

 

Planning and Development Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

 

 

 

 

 

 


LOCATION MAP                                                                                                         Document 1

 

 


EXPLANATORY NOTE                                                                                               Document 2

 

By-law Number 2004-XX amends Zoning By-law 142-93 of the former City of Kanata. The amendment affects the property located at 500 Terry Fox Drive, Part Lot 3, Concession 2 as shown on Document 1.

 

Amending By-law 2004-XX changes the current exception 1 Zone “M1C-1(H)” for 500 Terry Fox Drive to exception 2 Zone “M1C-2”. This amendment allows for (1) a change (reduction) in the parking standard for Automotive Service Centre from one space per 5sq.m to one space per 20sq.m of  net (building) floor area; (2) a reduction of the rear yard setback from 7.5m to 3.4m; and (3) parking to encroach by 6.0m into the 12.0m front yard setback to Terry Fox Drive; (4) access or fire lanes to run along the length of the minimum side yard.

 


DETAILS OF RECOMMENDED ZONING                                                              Document 3

 

That By-law 2004-XX will change the current zoning of 500 Terry Fox Drive from M1C-1(H) to M1C – 2, per the following:

 

(1)      Reduce minimum Parking Space Requirements for Automotive Service Centre from one space per 5sq.m of net floor area to one space per 20sq.m of net floor area.

 

(2)      Reduce minimum rear yard setback from 7.5m to 3.4m.

 

(3)      To allow the encroachment of vehicular parking by 6.0m into the required 12.0m front yard setback from Terry Fox Drive

 

(4)      To allow access or fire lanes to run along the length of the minimum yard.

 

 


ZONING - 500 TERRY FOX DRIVE

ZONAGE - 500 Promenade Terry Fox

ACS2004-DEV-APR-0072                                                                      kanata (4)

 

Chair Hume began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal this proposed Zoning By-law Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB.

 

Dave Krajaefski, Trow Associates Inc. and Lorena Toscani (Canadian Tire Corporation).  Mr. Krajaefski requested the Committee to move the item forward to City Council on 14 April 2004 as the construction time lines will be compromised due to the problem of scheduling this item on previous agendas.

 

Moved by Councillor P. Feltmate:

 

That the item proceed to City Council on 14 April 2004.

 

                                                                                                CARRIED

 

The Committee approved the recommendation contained in departmental report dated 10 March 2004

 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata Zoning By-Law to change the zoning of 500 Terry Fox Drive from M1C - 1H Light Industrial Mixed - Exception Holding, to M1C - 2 as a further exception to the M1C Light Industrial Mixed zone, to permit the development of an Automotive Service Centre and Accessory Restaurant as detailed in Document 3 and shown in Document 1.

 

                                                                                                CARRIED