Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
2 December 2005 / le 2 décembre 2005
Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/
Directeur municipal adjoint,
Planning and Growth Management/Urbanisme et Gestion de la croissance
Contact
Person/Personne ressource : Richard Kilstrom, Manager
Community Planning and Design
(613) 580-2424 x22653,
richard.kilstrom@ottawa.ca
REPORT RECOMMENDATIONS
That the Planning and Environment Committee recommend Council:
1.
Support the
re-designation of 3203 Conroy Road, as shown on Document 2, from Employment
Area to General Urban Area in the 2003 Ottawa Official Plan, and Direct staff
to communicate this position to the Ontario Municipal Board at a future
pre-hearing on the appeals of the 2003 Official Plan.
2.
Approve an
amendment to the former City of Ottawa Zoning By-law to change the zoning of a
portion of 3340 Hawthorne Road from IL F(1.0) to L3, as shown on Document 1.
3.
Approve the
insertion of a clause in the Agreement of Purchase and Sale between the City
and the purchaser of the City-owned land located at 3249 Conroy Road requiring
the purchaser to proceed with the rezoning as shown on Document 1 and described
in Document 3 together with the submission of a site plan control application
for approval.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de
l’urbanisme et de l’environnement recommande au Conseil :
1. de soutenir la nouvelle désignation de secteur d’emploi à zone urbaine
générale pour le 3203, chemin Conroy, tel que précisé dans le Document 2, dans
le Plan officiel de la Ville d’Ottawa de 2003, puis de demander au personnel de
communiquer cette position à la Commission des affaires municipales de
l’Ontario à une prochaine séance préalable à l’audition des appels relatifs au
Plan officiel;
2. d’approuver une modification au
Règlement de zonage de l’ancienne Ville d’Ottawa pour faire passer la
désignation de zonage d’une partie du 3340, chemin Hawthorne de
IL F(1.0) à L3, tel qu’illustré dans le Document 1;
3. d’approuver l’inclusion dans la convention d’achat et de vente entre la
Ville et l’acheteur du terrain appartenant à la Ville situé au
3249, chemin Conroy d’une clause en vertu de laquelle l’acheteur doit
respecter la nouvelle désignation de zonage telle qu’illustrée dans le Document
1 et décrite dans le Document 3, de même que soumettre une demande de
réglementation du plan d’implantation pour approbation.
BACKGROUND
The East Conroy Study area is generally located south of the Canadian National Railway tracks and Swansea and Stevenage Drive; east of Conroy Road; north of Johnston Road; and west of Hawthorne Road, as shown on the Location Map in Document 1. Surrounding uses include a recent subdivision of single family homes on the north side of Johnston Road, a gas station at the corner of Johnston Road and Conroy Road, industrial uses in the Hawthorne Business Park to the north, and low density residential uses to the south. The “Thunderbird Golf and Go-Kart” facility operates at 3145 Conroy Road. The study area is designated Employment Area and General Urban Area, and is zoned Light Industrial. One property within the Employment Area has an appeal pending to the 2003 Ottawa Official Plan to change to General Urban Area.
In February 2000, City Council enacted Interim Control for the entire study area, while the Department of Planning and Growth Management was in the process of examining alternative land use concept plans and impact analysis for the same lands and considering a residential subdivision and zoning application within the study area. As part of the resolution, Council directed the Department conduct further study to determine future community service needs generated by additional residential growth. The “East Conroy Interim Control Study” was completed in June 2000, and Council carried the staff recommendations that included a residential area designation (former City of Ottawa of Official Plan) across the entire study area. However, the circulation of the implementing Official Plan and zoning amendments were held in abeyance until a decision could be made respecting an appeal to the Ontario Municipal Board (OMB) for the property known then as 3199 Conroy Road, as described in the following paragraph.
Concurrent with the planning study was the staff review of two development applications for 3199 Conroy Road, located on the north side of Johnston Road. Both the zoning and the subdivision applications were appealed to the OMB in February 2000. In November 2000, the OMB ruled that the “Walkley Rail Yard” is a Class III Industrial Facility under Ministry of Environment (MOE) Guidelines D-1 and D-6, and that its decision was “necessary to justify the non-implementation of the official plan residential designation policies for part of the property as well as to justify the imposition of stringent mitigative measures for the remainder of the subject property.”
The resulting OMB decision affected the previous staff recommendation for residential land uses on the remaining portion of the study area, given their closer proximity to the rail yard. A staff memo to Committee in 2001 stated that no further changes would be made to the Official Plan and zoning by-law because of the OMB decision. The report was referred back to staff for further review and consultation with the ward councillor and affected stakeholders.
In April 2002, Planning and Environment Committee directed that staff conduct a review of the land use for a residential zoning that would allow for the construction of singles, semi-detached, row houses or stacked townhouses for the city-owned property at 3249 Conroy Road. This review was combined with the East Conroy Study and several concepts were developed and presented to the public.
In
October 2004, work started on the Environmental Assessment (EA) Study for the
East-West Corridor Light Rail Transit (E-W LRT) project. A portion of the 47 kilometres of twin
tracks running east-west from Orleans to Kanata identified in Schedule D of the
City of Ottawa Official Plan, forms the northerly boundary of the study area,
along the Ottawa Central Railway (OCR) corridor. The E-W LRT corridor would provide an improved east-west transit
connectivity bypassing the downtown.
The EA will examine a range of alternatives, identify both construction
and operational impacts on all aspects of the environment and bring forward a
recommended plan detailing mitigation measures, costs, and all approvals
required to proceed with implementation as opportunities present themselves. It is anticipated that study will be
complete by the end of 2006.
In September 2004, Council had approved the sale of 3169 Conroy Road to the owner of the “Thunderbird Golf and Go-Kart” facility . When the time limit lapsed on the Agreement of Purchase and Sale, Planning and Growth Management requested Real Estate Services retain the property in City ownership due to its proximity to the rail corridor, until such time as the E-W LRT EA study is complete. In February 2005, the sale of the City-owned property at 3169 Conroy Road did not close and the agreement was declared null and void. The property is 4.39 hectares (10.85 acres) in area. In the interim, the Employment Area land use designation is appropriate in that employment uses are permitted. A further zoning study will be carried out when the EA is complete with consideration being given to higher density employment uses.
In May 2005, the National Capital Commission sold 3145 Conroy Road to Pineland Amusements Ltd for the on-going use of the “Thunderbird Golf and Go-Kart” facility. For the same reasons above, (i.e., completion of the EA and proximity to the rail line) there is no recommendation to change the land use designation for this property at this time.
DISCUSSION
Recommendation 1 – 3203 Conroy Road
City
Council adopted the Ottawa Official Plan in May 2003, and at the end of the
appeal period, the Ministry of Municipal Affairs and Housing had received 85
appeals. These were subsequently
forwarded to the Ontario Municipal Board.
Appeal 83 was lodged on behalf of Robert Vocisano, Mario Vocisano and the estate of Angelo Favretto by Paul A. Webber, of Bell Baker regarding the Employment Area designation on Schedule B and requested a General Urban Area designation. The property subject to the appeal is located on the north side of Johnston Road, east of Conroy Road as shown on Document 2, is approximately 4.1 hectares and is currently vacant.
The City Council approved Official Plan designates this site as Employment Area, where commercial, office and industry are the primary land uses at a minimum concentration of at least 2,000 jobs, and where there is access to designated truck routes.
The property is designated
Business Employment Area in the former City of Ottawa Official Plan. Business Employment areas are typical of
planned business parks, such as the Ottawa Business Park, and permit a range of
light industrial, office and business uses; and personal service uses and
convenience stores to serve the needs of business park employees.
The Regional Official Plan designation for this property is Business Park, which includes industrial, research, warehousing and manufacturing type uses. Direct access to an arterial road or highway and a road system to facilitate effective transit routing is desirable for these areas. Other non-residential uses such as retail, office, small-scale institutional and recreation uses are also permitted, provided that they provide basic goods and services to employees of the park.
Staff have reviewed the history of this site, have studied the surrounding land uses, and through meetings with the public and affected stakeholders, support the change in the designation of the appealed land from Employment Area to General Urban Area. The change in designation can be supported on the basis of the property’s location in relation to its surrounding land uses, and that it is located further away from the Walkley Rail Yard than a residential subdivision, built and completed during the last three years, just to the west of the subject site. This leaves in question the validity of retaining an Employment Area designation on this site. Likewise, low-density residential uses are located all along the south side of Johnston Road.
Continuity of the General Urban Area designation would allow for residential development having an appropriate interface with existing residential to the south. The property does not lend itself well to the current Employment Area designation as it has no direct access to Conroy Road; its principle access is from Johnston Road, a collector road integral to the residential community, and under its current designation, could result in undesirable uses being developed that much closer to existing residential uses.
Given that this issue stems from an outstanding appeal and the basis for supporting the change in designation is found within this staff report, staff is recommending that the City’s position be communicated to the Ontario Municipal Board at a future pre-hearing on the appeals of the 2003 Official Plan. In order for development to proceed, the proponent will be required to apply for all necessary development applications, and to submit all the requisite studies to support such development. Site constraints may include minimum buffer areas to address noise from the abutting city yard located on Swansea Crescent.
Recommendation 2 - 3340 Hawthorne Road
The majority of this parcel generally located west of Hawthorne Road, north of Sai, Hunterswood and Cellini Crescents, was zoned from Heavy Industrial, IH F(1.0) to Community Leisure L3 in 2001 by Zoning By-law 2001-442. The zoning is still pending an outstanding appeal from a property owner located in the industrial park to the north.
The intent through this study is to recommend the same L3 zoning for the remaining portion of the property which is currently zoned Light Industrial IL F(1.0), as shown on Document 1. The remaining portion has many of the same characteristics as the part that was rezoned L3. The property is long and linear with an average lot width of 70 m. The area of the entire property is approximately 8.5 hectares (21 acres) of which less than a quarter retains a Light Industrial zoning. The property is located to the rear of low-density housing and separates the housing from the industrial area to the north. A berm was constructed by the former City of Ottawa to further act as a buffer. A woodlot is located at the extreme west end of the site, and is identified in the “Urban Natural Areas Environmental Evaluation Study” as site 155, “Swansea Woods”. Extension of the L3 zoning is sound planning that would allow these lands to be developed for leisure land uses that would serve the local community. Permitted uses would include community centre, recreational and athletic facility, and park.
Recommendation 3 – 3249 Conroy
Road
On April 25, 2002, Planning and Environment Committee directed that staff conduct a review of the land use for a residential zoning that would allow for the construction of singles, semi-detached, row houses or stacked townhouses. This review was combined with the East Conroy Study, and was based on the parameters below, with several concepts being developed, and brought to the public for input.
1. The site is located within the 1000 metre area of influence of the Walkley Rail Yard, a Class III industrial facility. Certain uses are defined as sensitive for the purpose of applying Ministry of Environment (MOE) guidelines. For those uses, a noise study will be needed in order to show that the negative impacts from the Yard are trivial or can be mitigated. Staff’s supposition is that any proposed residential development would likely be subject to the imposition of similar mitigative measures that were put in place by the Ontario Municipal Board for residential development on the opposite side of Johnston Road.
2. The subject property is located at the gateway to the Hunt Club community on the east side of Conroy Road, and abuts the rear yards of two-storey row dwellings located to the east. Any residential development that takes place on this site will need to consider the public realm and the adjacent land uses, and include analysis of the recent Council approved ‘Infill Housing Design Guidelines – Low-Medium Density’.
3. A gas station is located on the northeast corner of Johnston and Conroy Road, which provides a service to the local community. The same community did not support another gas station on this site, which was largely the catalyst for the motion to have staff review the appropriateness of the existing zoning. As undesirable as a gas station may be from the perspective of the neighbouring community, other commercial uses are still considered to be appropriate based on staff’s review of the subject property.
4. The Official Plan encourages that mitigation measures be used to reduce the noise levels on private amenity areas to within an acceptable range; the OP encourages that residential amenity areas be shielded from the noise source rather than utilizing noise barriers within the streetscape. As such, new technology and innovative design must be used in the construction and placement of any residential use building to address the noise from Conroy Road and the Walkley Rail Yard. A noise attenuation wall along either of the two city rights-of-way is not desirable for any future residential development of this corner, and if residential is developed, this will need to be addressed through site plan control approval.
Based on the above, staff is recommending that a zoning be pursued by the purchaser that would permit either residential uses, a limited list of commercial uses, or a combination of both, under a “General Commercial” (CG) Zone with an exception as detailed in Document 3. Should sensitive uses, as defined by the Ministry of Environment (e.g., residential or day-care uses) be proposed, the proponent will be required to undertake a noise study to show that the negative impacts from the rail yard are trivial or can be mitigated, as part of the City of Ottawa zoning amendment process and concurrent site plan control approval process. Residential uses in the CG zone are subject to the development standards of the residential regulations. Noise impact studies are not required if the site is developed for commercial uses only (except for day-care).
Staff’s recommendation is based on the following:
1. The subject site is designated General Urban Area in the Council approved Official Plan, and Residential Area in the former City of Ottawa Official Plan, which permit a full range of housing types and densities as well as employment, service, cultural and institutional uses.
2. The General Commercial zone permits a range of uses including detached house, duplex, townhouse and apartment buildings, as well as a range of non-residential neighbourhood serving uses. Future development will be subject to a rezoning together with the submission of a site plan control application for approval, as a condition(s) of the agreement of purchase and sale (see full discussion under 5). The exception to the CG - General Commercial zone has been tailored to address the community’s concerns and to limit the non-residential uses to only those that have a neighbourhood-serving function. A number of these uses were included in the information that was reviewed by the community during a public meeting, namely automated teller, bank, convenience store, day care, instructional facility, medical facility, office, personal service business and repair shop.
3. The General Commercial Zone offers the appropriate flexibility in terms of potential uses, an important consideration given that the City will not be the developer. More important is that the exceptions to the General Commercial Zone listed in Document 3 were based on input from the public and other stakeholders during the review and study of the site. Various comments received from the public have been in support of limited neighbourhood-serving commercial uses, excluding gas stations, as well as residential uses. Proposals from the development industry have been for commercial across the entire property, a mix of commercial on just the north half, with residential on the south, and residential only in the form of a four-storey apartment building. The exception to the General Commercial zone will remove high-rise apartment building as well as a number of other uses including all types of restaurant use; automobile service station and gas bar are not permitted uses in the General Commercial zone.
4. Transit-oriented uses, such as offices, day care, and/or residential uses are desirable within 600 metres of a potential future transit station that may, in the future, and depending upon the Environmental Assessment for the East/West Light Rail Transit study, locate near Conroy Road and the existing rail crossing. However, the CG zoning is not dependent upon the outcome or findings of the E-W LRT EA.
5. In order to ensure that the zoning amendment is undertaken once the land is sold by the City, it is recommended that a clause be inserted in the agreement of purchase and sale requiring the purchaser to proceed with the rezoning of the land as described in Document 3, Details of Intended Zoning. In this way, the zoning amendment will be left as part of the development approval process rather than pre-zoned to avoid a potential redundant zoning process.
The clause referred to in the preceding paragraph, or separate condition in the agreement, will require that the rezoning application be submitted together with the submission of a site plan control application. Once the proponent indicates the development it wishes to pursue, and it is graphically portrayed through site plan, tying the two development applications together allows the community to formulate a more informed response and to focus on the pertinent issues. Likewise any site constraints will be worked into the site plan. This approach allows the City to avoid any potential zoning appeals which would prevent the City from progressing with the sale and disposal of the subject site, and to avoid the costly undertaking of a noise study for a residential proposal that may, or may not come to fruition.
CONSULTATION
A public information session was held on December 7, 2004. The notice of the planning study proposal was advertised in the local community newspaper, and was mailed out to all property owners within 120 metres of the study area. A follow-up meeting was held on May 17, 2005, with the community executive. A copy of this report has been sent to all those individuals who participated in this study. Details of the public input are provided in Document 4 – Consultation Details. The Ward Councillor is aware of the study’s recommendations.
FINANCIAL IMPLICATIONS
N/A
SUPPORTING DOCUMENTATION
Document
1 Location Map
Document 2 Extract of Schedule B to the Official Plan showing the land to be redesignated General Urban Area
Document 3 Details of Intended Zoning for 3249 Conroy Road
Document
4 Consultation Details
DISPOSITION
Staff will communicate Council’s position on this matter at a future pre-hearing of the Ontario Municipal Board.
The Department of Corporate Services, Secretariat Services to notify the following of City Council’s decision: Real Property Asset Management Branch, Corporate Services; Program Manager, Assessment Branch, Corporate Services.
Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Corporate Services Department, Legal Services Branch to forward the implementing by-law to City Council
