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2. ZONING - 420 AND 430 HAZELDEAN ROAD ZONAGE - 420 ET 430, CHEMIN HAZELDEAN |
Committee recommendation
That Council approve an amendment to the City of Kanata
Zoning By-law 169-93 to change the zoning of 420 and 430 Hazeldean Road from
General Commercial Zone, Exception Zone (CG-3) to General Commercial Zone,
Exception Zone (CG-x) and (CG-y) as shown in Document 1 and as detailed in
Document 2.
Recommandation du Comité
Que le Conseil approuve une modification
au règlement de zonage 169-93 de la Ville de Kanata visant à faire passer la désignation
de zonage des propriétés situées aux 420 et 430, chemin Hazeldean, de Zone
commerciale générale, zone d’exception (CG-3) à Zone commerciale générale, zone
d’exception (CG-x) et (CG-y), comme l’illustre le Document 1 et le précise le
Document 2.
Documentation
1. A/Deputy City Manager's report
(Planning and Growth Management) dated
6 October 2006 (ACS2006-PGM-APR-0221).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
06 October 2006 / le 06 octobre 2006
Submitted by/Soumis par : John L. Moser, Acting Deputy City Manager/
Directeur municipal adjoint par intérim,
Planning and Growth Management / Urbanisme et Gestion de la croissance
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613) 580-2424,
13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
ZONING - 420 and 430 Hazeldean Road (FILE
NO. D02-02-03-0082) |
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OBJET : |
ZONAGE - 420 ET
430, CHEMIN HAZELDEAN (DOSSIER NO D02-02-03-0082) |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the City of Kanata Zoning By-law 169-93 to change the zoning of 420 and 430 Hazeldean Road from General Commercial Zone, Exception Zone (CG-3) to General Commercial Zone, Exception Zone (CG-x) and (CG-y) as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement
recommande au Conseil d’approuver une modification au règlement de zonage
169-93 de la Ville de Kanata visant à faire passer la désignation de zonage des propriétés situées
aux 420 et 430, chemin Hazeldean, de Zone commerciale générale, zone
d’exception (CG-3) à Zone commerciale générale, zone d’exception (CG-x) et
(CG-y), comme l’illustre le Document 1 et le précise le Document 2.
BACKGROUND
Site Location and Surroundings
The subject lands are located on the south side of Hazeldean Road, between Castlefrank Road and Carbrooke Street. The affected lands include two properties, as indicated on Document 1 and described below. The properties are zoned General Commercial Zone, CG-3, under By-law 169‑93 of the former City of Kanata. The CG Zone permits a business or professional office, various retail uses, a restaurant, or shopping centre consisting of any permitted uses. The site‑specific exception denotes that an accessory manufacturing use, related to a permitted retail use, is permitted. The two affected properties are described as follows:
·
The property
at 420 Hazeldean Road is a 1.81 ha parcel of land occupied by a 5,400 sq m
retail plaza that includes a drugstore, bank, restaurant and other retail uses.
A total of 299 parking spaces are provided on-site.
· The property at 430 Hazeldean Road is a 1.28 ha parcel of land occupied by a 5,658 square metre building used as a micro-electric manufacturing facility by I-Stat. A pedestrian link connects this building to the main I-Stat building located on the abutting property at 436 Hazeldean Road. A total of 94 parking spaces are provided on-site. A parking agreement between the owners of 420 Hazeldean Road and 430 Hazeldean Road permits shared parking in the plaza's parking lot to serve this building.
The Proposal
The original building at 430
Hazeldean Road received Site Plan Control Approval and was constructed in the
late 1970s. The approval was based on a retail use with a large accessory
warehouse space. The parking provided satisfied by-law requirements in effect
at the time of approval. Over a period of years, the uses changed and building
permits were issued for a variety of increasingly retail uses, with higher
parking requirements. When a severance was approved in 1988 to create a
separate parcel for the proposed plaza at 420 Hazeldean Road, the owners
entered into an agreement with respect to shared parking, permitting parking
for 430 Hazeldean Road to be located on the property at 420 Hazeldean Road.
In 1998, the Committee of
Adjustment granted approval for the construction of a physical link between the
building at 430 Hazeldean Road and the main I-Stat facility at 436 Hazeldean
Road, to permit movement of employees and materials between the two buildings.
Although the manufacturing use was not accessory to a retail use, the
municipality issued building permits for conversion of the building to light
manufacturing use. A parking issue then arose with the owner of the plaza at
420 Hazeldean Road, when I-Stat employees began parking in the parking spaces on
the plaza property, reducing availability for the plaza's customers.
The manufacturing operation
carried on by I-Stat at 430 Hazeldean Road is not accessory to a retail use, as
required by the current By-law. An application for By-law amendment was initially
submitted in 2003, but was not pursued by the owners due to a dispute regarding
the arrangements for shared parking, and the desire of the owners to allow
retail uses within the entire 5667 square metres of floor space at 430
Hazeldean Road. This would have generated a need for more parking than can be
accommodated on-site.
The Applications
The issue has been resolved
through negotiation between the owners, and the application has been amended to
limit the amount of retail space permitted at 430 Hazeldean Road, should I-Stat
vacate all or a portion of the building. The current application is to permit
the following:
·
Add
light manufacturing as a permitted main use for the property at 430 Hazeldean
Road;
· Establish a parking requirement of 94 parking spaces for the building at 430 Hazeldean Road, based on a maximum of 1,068 square metres of retail-type uses, with the remainder of the 4590 square metres being light manufacturing use, or other low traffic-generating uses;
· Establish a parking requirement of 299 spaces for the existing plaza at 420 Hazeldean Road;
· Regularize any legal non-compliance with respect to the buildings on the two properties.
DISCUSSION
At the time of the adoption of the City Council Approved Official Plan in May 2003, the subject lands were designated "Mainstreet", which identified streets that offered significant opportunities for renewal through more concentrated forms of development. Through the adoption of Official Plan Amendment No. 28 in May 2006, the lands along Hazeldean Road were redesignated to "Arterial Mainstreet". The Arterial Mainstreet designation identifies areas that are planned to provide a mix of uses and have the potential to evolve over time into more compact, pedestrian‑friendly places. They function as a mixed-use corridor to provide a wide range of goods and services, including employment, retail and civic functions. The proposed Zoning By‑law amendment is in compliance with these policies.
The proposed Zoning By-law amendment involves creating two site-specific exception zones:
· The property at 420 Hazeldean Road would be rezoned to a new site-specific General Commercial Zone (CG-x) requiring the existing number of parking spaces available (299) to be provided on the property. The full range of retail-type uses would be retained.
· The property at 430 Hazeldean Road would be rezoned to a new site-specific General Commercial Zone (CG-y) permitting light manufacturing as a main use in the building, restricting the amount of retail-type uses permitted in the building to 1,068 square metres, limiting the permitted uses in the remainder of the building, and requiring the existing number of parking spaces available (94) to be provided on the property.
The
requested Zoning By-law amendment proposes to rezone the lands at 420 Hazeldean
Road to recognize the existing number of parking spaces on-site. The amendment
also proposes to rezone the lands at 430 Hazeldean Road from the present
designation to a more appropriate zone, which recognizes the current uses. The
proposed amendment to permit the light manufacturing as a main use recognizes
the uses that are already in existence, and is compatible with surrounding
development. The floor-space restriction on the amount of retail and high traffic-generating
uses in the building at 430 Hazeldean Road will mitigate the demand for
parking. Owing to site constraints, the property at 430 Hazeldean cannot
provide more than 94 parking spaces, so the proposed amendment restricts
moderate-demand uses such as retail, and eliminates high-demand uses such as
restaurant or take-out restaurant. The proposed zoning also allows the lands at
420 Hazeldean and 430 Hazeldean to be treated as one lot for By-law
purposes to facilitate the sharing of parking and future redevelopment of the
site. The owners will apply to the Committee of Adjustment for consent to allow
the parking arrangement agreement to be fully effective for a period of 21
years. Because of the complex history of the various approvals that have occurred,
the existing buildings will be deemed to comply with the By-laws in effect.
Conclusions
Staff
support the requested amendment to mitigate a parking situation that evolved
over a period of years. In theory, the properties should have been required to
provide additional parking at the initial development stage. A resolution to
the parking situation could not be reached while the applicants sought to
retain the full potential for retail uses afforded under the General Commercial
Zone for the building at 430 Hazeldean Road. The owners have agreed to a
limiting provision on the number of permitted uses, and the amount of floor
space they may occupy. The proposed amendment resolves the parking concern by
limiting uses that generate a high demand for parking. The proposed amendment
represents the effective use of land to the mutual benefit of the individual
property owners, has no impact on surrounding lands and conforms to all
applicable policies.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
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 initial submission. The application was On Hold for an
extended period of time, at the request of the owner.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended zoning
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, (Urigold Holdings Ltd., 88A Jamie Avenue,
Nepean, Ontario K2E 6T6; and Van Leeuwen Centre Limited, Attention: Mr. Rick
Ozimkowski, c/o Paradigm Management Inc., 615‑11 Holland Avenue,
Ottawa, Ontario K1Y 4S1)), applicant, (Soloway
Wright, 427 Laurier Avenue West, Suite 900, Ottawa, Ontario K1R 7Y2, Attention:
Mr. Alan Cohen; and Vice Hunter Labrosse, 85 Plymouth Street, Ottawa, Ontario
K1S 5T9, Attention: Mr. Peter Vice), Signs.ca, 866 Campbell Avenue, Ottawa,
ON, K2A 2C5, Ghislain Lamarche, Program Manager, Assessment, Financial Services
Branch (Mail Code: 26-76) of City
Council’s decision.
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
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
The lands known municipally
as 420 Hazeldean Road will be rezoned from CG-3 to CG-x, and notwithstanding
anything to the contrary in By-law Number 169-93, the lands will be subject to
the following:
(a ) The lands zoned CG-x
and CG-y are considered one lot for zoning purposes notwithstanding the lawful
severance of a lot pursuant to the Planning Act or Condominium Act;
(b) The minimum required
parking for 420 Hazeldean Road shall be 299 spaces;
(c) The building existing as
of the date of passage of the implementing By-law is deemed to comply with all
provisions of By-law 169-93.
The lands known municipally
as 430 Hazeldean Road will be rezoned from CG-3 to CG-y, and notwithstanding
anything to the contrary in By-law Number 169-93, the lands will be subject to
the following:
(a) The lands zoned CG-x and
CG-y are considered one lot for zoning purposes notwithstanding the lawful
severance of a lot pursuant to the Planning Act or Condominium Act;
(b) The permitted uses for
this zone will consist of:
i) a business office
ii) custom workshop
iii) drug store
iv) dry cleaning outlet
v) financial office
vi) personal service shop
vii) photographer's shop
viii) professional office
ix) public use
x) retail store, and
xi) a light manufacturing
undertaking conducted entirely within an enclosed building, without presence of
noise, dust, odour, chemicals, vibration, smoke or other offensive presence;
(c) The maximum net floor
area for the following uses, individually or combined, shall not exceed 1068
square metres:
i) retail store
ii) drug store
iii) dry cleaning outlet
iv) personal service shop, and
v) photographer's shop;
(d) The minimum required
parking for the building at 430 Hazeldean Road shall be 94 spaces;
(e) The building existing as of the date of passage of the implementing By-law is deemed to comply with all provisions of By-law 169-93.