4. OFFICIAL PLAN AND ZONING - 4497 O' KEEFE COURT

PLAN OFFICIEL ET ZONAGE - 4497, COUR O'KEEFE

Committee recommendationS as amended

That Council approve and adopt:

1) An amendment to the Official Plan to redesignate 4497 O'Keefe Court from a Limestone Resource Area to a General Rural designation to allow the following uses:

Bank

Business Office

Convention facility

Hotel

Light assembly and production

Recreational commercial

Multi-occupancy industrial building.

2) An amendment to the Rural Zoning By-law of the former City of Nepean to rezone 4497 O'Keefe Court from a Mineral Extraction - MX Zone to an MBC(H) Exception Zone – Industrial Business Campus Zone (Holding).

3) An amendment to lift the Holding symbol subject to the following:

i) the submission of a site plan application that shows the development is complementary to its gateway function and the Prestige Business Park to the satisfaction of the City of Ottawa.

RecommandationS modifiÉes du Comité

Que le Conseil approuve et adopte ce qui suit :

1) Une modification au Plan officiel visant à faire passer la désignation du 4497, cour O’Keefe de « zone de ressources de calcaire » à « zone rurale générale » afin d’y permettre les utilisations suivantes :

Services bancaires;

Bureau d’affaires;

Centre de congrès;

Hôtel;

Usine de montage et de production légère;

Services récréatifs commerciaux;

Immeuble industriel à usage mixte.

2) Une modification au règlement de zonage rural de l’ancienne Ville de Nepean visant à faire passer la désignation du 4497, cour O’Keefe, de « zone d’extraction de minerai » (MX) à « zone d’exception – campus d’affaires industriel (utilisation différée) » (MBC(H) - exception).

3) Une modification afin de lever le symbole H d’utilisation différée sous réserve de :

i) la soumission d’une demande de plan d’implantation montrant que l’aménagement est complémentaire à sa fonction de porte d’entrée et au parc d’affaires Prestige, le tout à la satisfaction de la Ville d’Ottawa.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated
7 March 2007 (ACS2007-PTE-APR-0014).

2. Extract of Draft Minutes, 27 March 2007.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

7 March 2007 / le 7 mars 2007

Submitted by/Soumis par Nancy Schepers, Deputy City Manager / Directrice municipale adjointe,

Planning Transit and the Environment / Urbanisme, Transport en commun et Environnement

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 28310 Karen.Currie@ottawa.ca

Barrhaven (3)

Ref N°: ACS2007-PTE-APR-0014

SUBJECT:	OFFICIAL PLAN and ZOning - 4497 O' Keefe Court (FILE NOs. D01-01-06-0014 & D02-02-06-0088)

OBJET :	PLAN OFFICIEL et zonage - 4497, cour o'keefe

REPORT RECOMMENDATIONS

That recommend Council approve and adopt:

1) An amendment to the Official Plan to redesignate 4497 O'Keefe Court from a Limestone Resource Area to a General Rural designation, as detailed in Document 2.

2) An amendment to the Rural Zoning By-law of the former City of Nepean to rezone 4497 O'Keefe Court from a Mineral Extraction - MX Zone to an Industrial Commercial - MC Exception Zone with a holding designation , as detailed in Document 3 and shown in Document 1.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver et d’adopter :

1. Une modification au Plan officiel visant à faire passer la désignation du 4497, cour O’Keefe, de « zone de ressources de calcaire » à « zone rurale générale », comme le précise le document 2.

2. Une modification au règlement de zonage rural de l’ancienne Ville de Nepean visant à faire passer la désignation du 4497, cour O’Keefe, de « zone d’extraction de minerai » (MX) à « zone commerciale industrielle » (MC – Exception) avec mention « zone de réserve », comme le précise le document 3 et l’illustre le document 1.

BACKGROUND

The proposed amendments affect a 6.9-hectare parcel of land located at the north-east corner Highway 416 and O’Keefe Court, north of Fallowfield Road (see Document 1). The site is at a gateway location into the city and the South Urban Community and was formerly part of a larger quarry prior to the construction of Highway 416. The aggregate since has been extracted, the quarry licence surrendered, and the site rehabilitated. Given the site’s prominent location and visibility, the applicants would like to redevelop it to accommodate industrial and commercial uses appropriate to the rural designation of the site, but catering also to the nearby urban market.

Applications for an Official Plan amendment and Zoning By-Law amendment have been requested to facilitate the redevelopment proposal.

Official Plan

The Official Plan designates the site as Limestone Resource Area, which is intended to protect areas of the city that have significant non-renewable limestone resource deposits. Furthermore, the intent of the designation is to protect these operations from incompatible activities and minimize community and environmental impacts.

Proposed Official Plan Amendment

The Official Plan amendment application seeks to change the designation from Limestone Resource Area to General Rural Area. The Official Plan Amendment request to connect to municipal water supply is being deferred, at the request of the applicant, until a later date.

Zoning By-law

The site is zoned as Mineral Extraction-MX in the former City of Nepean Zoning By-law. This zone applied to all lands that were within the Limestone Resource Area and subject to aggregate mining.

Details of Proposed Zoning

The Zoning By-Law amendment is to rezone the site to an Industrial Commercial Exception Zone-MC (XX) Zone. The exception zone will permit a range of uses suited to this site considering its locational attributes and the constraints of the General Rural Area Official Plan designation. The range of proposed uses is presented in Document 3.

Servicing

The site lies outside of the Public Service Area (PSA) as defined in the Official Plan and therefore will be serviced by well and private on-site septic systems.

Transportation

The site’s access is directly from O’Keefe Court, a local road and cul-de-sac that resulted from the realignment of Fallowfield Road, a former Regional arterial roadway.

The intersection of Fallowfield Road and Strandherd Drive provides direct access to Highway 416 and the South Urban Community. A preliminary Transportation Analysis revealed that the intersection of O’Keefe Court and Fallowfield Road could support the type of uses proposed for the site. O’Keefe Court also serves as a secondary access for the Orchard Estates residential neighbourhood.

DISCUSSION

Planning Policy Context and Conformity

Aggregate resources are a provincially protected resource through the Ministry of Natural Resources and the Aggregate Resource Act. The Official Plan includes policies that seek to protect valuable natural resources throughout the city. However, the policies also state that where the aggregate is not economical or suitable for exploitation, alternative land uses may be permitted. The Limestone Resource Area designation is no longer valid for this piece of land due the construction of Highway 416, which bisected the former quarry, resulting in this parcel of land becoming a non-viable aggregate resource operation. Aggregate extraction continued on the westerly quarry to help complete the construction of Highway 416, and it recently has also been rehabilitated. The mineral extraction licence for these lands has been surrendered to the Ministry of Natural Resources. Therefore, the Limestone Resource Area designation is no longer appropriate for the subject lands.

In preparing the applications for this parcel of land, the applicants met with staff on numerous occasions, including representatives from the neighbouring Community Associations to develop a proposal for the site. The site is unique in that it is on the edge of the urban area, surrounded by an urban Prestige Business Park designation to the south, country lot estate development to the east consisting of the communities of Cedarhill and Orchard Estates, and proposed future expansion of this estate lot development to the north, all within a rural designation. The site is also flanked on the east by Lytle Park, a regional sports facility. The applicants would like to market and develop the site in the short term and therefore have opted not to pursue an urban designation at this time. This option will potentially be explored during the upcoming review of the Official Plan. The focus of this application is to develop a range of suitable land uses compliant with the rural designation and setting of the site, while complementing the urban uses given its unique location.

The Mineral Extraction - MX Zone currently in place reflects the former Regional Official Plan and current Official Plan designation. The proposal is to rezone the site to an Industrial Commercial Exception Zone-MC (XX) Zone to permit a range of uses, which include a bank, business office, day nursery, hotel, medical-dental office, light assembly and production, recreation commercial, service establishment, school commercial, sample and showroom, garden centre, multi-occupancy industrial building and restaurant provided it is not free-standing but integrated into the main building (see Document 3).

Furthermore, no outside storage will be permitted for the proposed uses to assist in minimizing visual pollution. These uses are appropriate for the site given its location and the designation being sought. The restrictions on outside storage and retail uses are due to its visibility from Highway 416 and its gateway function. The proposed zoning will allow uses that are a suitable transition from the urban designation to the south and the rural residential areas to the east and north.

The future site plan application will control design elements to ensure the site is developed in accordance with the high design standards established for the lands to the south. The gateway location of this parcel makes it paramount for a high design standard to be maintained for any proposed buildings.

Traffic Impact

A transportation study completed by Delcan investigated the impact of several uses. The analysis assumed the following potential uses, warehouse and showroom uses and prestige office. The lowest traffic generators are the sample showroom type and the highest traffic generator was the prestige office use. The study results revealed that for approximately 30000 sq. m. of prestige office, an eastbound left turn lane would be needed at the intersection of O’Keefe Court and Fallowfield Road. A further detailed Traffic Impact Assessment will be necessary with the site plan application to determine the role of O’Keefe Court for long term access to this parcel and the configuration of its intersection with Fallowfield Road, including the interaction, if any, with the Prestige Business Park lands to the south.

Servicing

Preliminary investigations conducted by the applicant’s consultants have demonstrated that ground water is available and the soil conditions can support private septic systems. Detailed Hydrogeological and Geotechnical Studies will be provided at the site plan stage. The original application sought to connect the site to the City water supply, however, due to the site being located outside of the Public Service Area, this request has been deferred and will be pursued during discussions on the potential urban designation of the site in the future.

Even though the site is directly adjacent to Highway 416, noise is not expected to be an issue given the nature of the land uses being proposed. A Noise Study, if deemed necessary, will be provided during the site plan stage, when detailed building locations and uses have been confirmed.

Summary

In summary, the applications for Official Plan and Zoning By-law amendment are supported as they represent a more suitable transition between the Prestige Business Park designation to the south and the estate residential to the north and east, than the existing Limestone Resource Area designation and Mineral Extraction Zone.

RURAL IMPLICATIONS

The site will have no impact on the Rural Area. It will not be eroding agricultural land or natural resources. The aggregate resource is not economically viable for extraction and hence the licence has been surrendered to the Ministry of Natural Resources.

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. In addition, a meeting with representatives of the Cedarhill and Orchard Estates Community Associations was held with the view to resolving differences on the proposed list of land uses.

The main issues can be summarized as follows:

The use of this parcel for commercial use is strongly opposed because it borders a rural country lot estate development and Prestige Business Park. The gateway function of the lands to the south is clearly documented in the Secondary Plan for Areas 9 and 10. Use of this site for commercial uses will “establish a downgraded development precedent for the Prestige Business Park lands” and create traffic conditions for a local road, and rural neighbourhood road.

Response:

Staff, the applicant and the Community Association met to discuss these concerns. After several meetings with staff and the Ward Councillor, the applicant narrowed down the range of proposed uses that are contained in Document 3. Staff was cognisant of the fact that commercial uses are not appropriate in this gateway location, as a result these were removed from the original list. Sample and Showroom is the only use that resembles a retail use, however, the use as defined in the Zoning By-law does not permit direct sales, but orders are taken for future delivery to customers. The site is not located in the urban area nor was it included in the Secondary Plan for Area 9 and 10. As a result, requiring uses similar to those permitted in the Secondary Plan could pose a conflict with the rural designation. The range of uses will serve as a transition from the Business Park to the estate residential development. Furthermore, the Traffic Impact Assessment conducted by Delcan was based on low and high traffic generators and indicated only marginal traffic improvements at the intersection of O’Keefe Court and Fallowfield Road. The only suggested improvement is an eastbound left turn lane on O’Keefe Court if the site were developed for mixed retail or offices, the latter use, which is advocated by the associations.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Official Plan and Zoning By-law amendment applications due to the resolution of issues respecting the proposed designation and land uses.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Draft Official Plan Amendment

Document 3 Recommended Zoning

DISPOSITION

Corporate Services Department, City Clerk’s Branch, Secretariat Services to notify the owner, Michel Pilon, Simplicity Development Inc. 50 Geneva Street, Ottawa ON. K1Y 3N7, Ray Essiambre, R.G. Essiambre Associates, 14 Abbotford Road, Ottawa. ON, K2L 1C6, OttawaScene Canada, 33‑174 Colonnade Road, Ottawa, ON, K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning, Transit and the Environment Department to prepare the by-law adopting the Official Plan Amendment, 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

DRAFT OFFICIAL PLAN AMENDMENT DOCUMENT 2

AMENDMENT No. ____TO THE OFFICIAL PLAN

INDEX

Components

Part A - The Preamble

Purpose

Location

Basis

Part B - The Amendment

Introduction

Details

Implementation

THE STATEMENT OF COMPONENTS

PART A - THE PREAMBLE

Purpose

Location

Basis

PART B - THE AMENDMENT

Introduction

Details of the Amendment

Implementation and Interpretation

PART C – THE APPENDIX

Schedule “A” of Amendment No ___ to the Official Plan of the City of Ottawa

PART A - THE PREAMBLE

PURPOSE:

The purpose of this Official Plan Amendment is to amend Schedule A Rural Policy Plan as it applies to 4497 O’Keefe Court, to change the Land Use Designation from Limestone Resource Area to General Rural Area.

LOCATION

The site is located at 4497 O'Keefe Court on the North East corner of O’Keefe Court and Highway 416, just west of Fallowfield Road. Surrounding lands are undeveloped immediately to the north, but proposed for residential country lot estate development, and lands to the south are zoned as ‘MBC (H) – Industrial Business Campus Zone Block 4’, with ‘PRP – Parks and Recreation Zone (Public)’ lands located to the east of the property. The communities of Cedarhill and Orchard Estates lie to the northeast.

BASIS

The proposed amendment affects a 6.9-hectare parcel of land located at the north-east corner Highway 416 and O’Keefe Court, north of Fallowfield Road. The site is at a gateway location into the City of Ottawa and the South Urban Community and was formerly part of a larger quarry prior to the construction of Highway 416.

Aggregate resources are a provincially protected resource through the Ministry of Natural Resources and the Aggregate Resource Act. The Official Plan, specifically Section 3.7.4 includes policies that seek to protect valuable natural resources throughout the City. However, the policies also state that where the aggregate is not economical or suitable for exploitation, alternative land uses may be permitted. The Limestone Resource Area designation is longer valid for this piece of land due the construction of Highway 416, which bisected the former quarry, resulting in this parcel of land becoming a non-viable aggregate resource operation. Aggregate extraction continued on the westerly quarry to help complete the construction of Highway 416, and it has also been recently rehabilitated. The mineral extraction licence for these lands has been surrendered to the Ministry of Natural Resources, the provincial agency whose mandate is the protection of the province’s aggregate resources. Therefore, the Limestone Resource Area designation is no longer appropriate for the subject lands shown on the attached Schedule “A”.

Given the site’s prominent location and visibility, the applicants would like to redevelop it to accommodate industrial and commercial uses appropriate to the rural designation of the site, but catering also to the nearby urban market.

The site lies outside of the Public Service Area (PSA) as defined in the Official Plan and therefore will be serviced by well and private on-site septic systems. The site’s access is directly from O’Keefe Court, a local road and cul-de-sac that resulted from the realignment of Fallowfield Road, a former Regional arterial roadway.

At this point in time, the applicant is simply seeking an amendment to re-designate the site to General Rural Area. This will not preclude the applicant from making a case for the inclusion of these lands within the General Urban Area designation during the upcoming review of the Official Plan. It is highly desirable that the site develop under the General Urban Area policies, however, the current proposal represents a suitable transition use of the site until the long term goals are achieved.

Given the foregoing, it is appropriate to redesignate the land from Limestone Resource Area to General Rural Area.

PART B - THE AMENDMENT

1. Introduction

All of this part of the document entitled Part B - The Amendment, consisting of the following text and the attached Schedule “A” to Amendment ____ constitutes Amendment No.___ to the Official Plan of the City of Ottawa.

2. Details

AMENDMENT No ____TO THE OFFICIAL PLAN OF THE CITY OF OTTAWA

That the Official Plan of the City of Ottawa, is hereby amended as follows:

2.1 Schedule A – Rural Policy Plan is amended to include the following changes shown on Schedule "A" attached hereto:

i) Redesignate the lands generally located on the northeast corner of O’Keefe Court and Highway 416 from Limestone Resource Area to General Rural Area.

3.0 IMPLEMENTATION

The implementation of this Amendment to the Official Plan documents shall be in accordance with the respective policies of the Official Plan of the City of Ottawa.

recommended zoning DOCUMENT 3

The following amendments are proposed to Zoning By-law 73-92:

1. Add to Section 2 – Definitions, the following definitions:

i) Light Assembly and Production: shall mean an establishment engaged in clean manufacturing or assembly of small products in a business office environment, but does not include any use otherwise defined or classified in this bylaw. This definition includes uses such as production and artisans’ studios. Such manufacturing or assembly activities shall not require loading and distribution facilities dissimilar to those normally associated with a BUSINESS OFFICE.

ii) Medical Dental Office: shall mean a building or part of a building wherein health services are provided to the public in the form of a medical, paramedical, dental, surgical, physiotherapeutic, or other human health service including associated technician and laboratory facilities, and may also include an incidental pharmaceutical outlet for the sale of prescription and therapeutic drugs and medication and other drug store products normally sold in a pharmaceutical outlet, and an incidental optical store. This definition shall not include in-patient services.

iii) Service Establishment: shall mean a building or part of a building wherein services are provided to persons or things, such as a barber shop, a hairdressing establishment, a shoe repair shop, a laundromat, a tailor shop, a dry cleaners outlet (but shall not include cleaning and processing), a watch and jewellery repair shop, EQUIPMENT RENTAL ESTABLISHMENT-DOMESTIC, photographic services, framing and printing services.

iv) EQUIPMENT RENTAL ESTABLISHMENT - DOMESTIC shall mean a building or part of a building wherein the primary use is the rental of machinery, equipment, furniture and fixtures, or supplies for special events, only of a size and type which would be used for a specific home improvement or household purpose and which could be transported by the individual household user.

v) School Commercial: shall mean a building or part of a building wherein teaching or instruction is offered for gain in such fields as academic tutoring, dancing, music, art, golf, business or trade, and any other such specialized school conducted for gain, and also includes such fields as a studio for photography and arts and crafts.

vi) Sample and Showroom: shall mean that portion of a building permitted only in association with a WAREHOUSE in the same building, primarily used for the display of samples, patterns or other goods and wherein orders are taken for merchandise which is stored in bulk in a WAREHOUSE in part of the same building, for future delivery to its customers. SAMPLE & SHOWROOM space shall not exceed 15% of the G.F.A. of the warehouse and must be separated from WAREHOUSE space by walls or partitions which function in the same manner as walls. Areas where the public has access shall not be considered as warehouse space.

In cases where large appliances, fireplaces, carpets, windows, mattresses and furniture are stored in a WAREHOUSE no more than 30% of the G.F.A. of the warehouse shall be used for SAMPLE & SHOWROOM.

vii) Multi-Occupancy Industrial Building: shall mean a building containing two storeys or less, located within an Industrial Zone, wherein a combination of two or more industrial occupants, including a combination of WAREHOUSE, BUSINESS OFFICE, SAMPLE & SHOWROOM and/or other uses permitted in the zone, occupy separate, homogeneous floor space areas and where no individual occupant is identifiable as a dominant occupant of the building.

2. The property located at 4497 O’Keefe Court and shown on Document 1 will be rezoned from Mx - Mineral Extraction Zone to HMC Block X - Holding Industrial Commercial Exception Zone.

3. Subsection 15:3 will be amended to add a new exception zone as follows:

On any land zoned MC Block X described as Part 14, on Plan 5R- 13897, and known municipally as 4497 O’Keefe the following applies:

1) Despite the permitted uses specified in subsection 15:1 Permitted Uses, only the following land uses are permitted:

- Bank

- Business office

- Convention Facility

- Day Nursery

- Hotel

- Medical Dental Office

- Light Assembly and Production

- Recreation Commercial

- Restaurant, provided it is integrated into and part of a main building

- Service Establishment

- School Commercial

- Samples and Showroom, in association with a warehouse (provided that the showroom portion is limited to a maximum of 15% of the GFA of the use and 30% for large appliances)

- Garden Centre, limited to the sale of garden supplies

- Multi-occupancy Industrial Building

2) Despite anything to the contrary in this by-law, no outside storage shall be permitted in association with the above-noted land uses.

3) Despite the Zone Requirements of 15.2 to the contrary, the following applies:

minimum yard front 6.0 metres

minimum yard side 6.0 metres

minimum yard rear 6.0 metres

4) Despite the Special Screening Requirements Adjacent to Highway 416, the landscaped strip adjacent to the Highway shall be a minimum of 10 metres. All other screening requirements shall continue to apply.

5) Despite anything to the contrary in this by-law, the applicants/owners shall, prior to the lifting of a “holding” provision, comply with the following requirements:

i) submit a detailed site and landscape plan to the satisfaction of the City of Ottawa