1.             ZONING - 280 AND 300 WEST HUNT CLUB ROAD

 

ZONAGE - 280 ET 300, CHEMIN WEST HUNT CLUB

 

 

 

Committee recommendations

 

(This matter is subject to Bill 51)

 

That Council:

 

1.         Approve an amendment to Zoning By-law 2008-250 to amend the zoning of 280 and 300 West Hunt Club Road from GM23 H(22) to GM23[XXXX] H(22) as shown on Document 1 and as detailed in Document 2.

 

2.         Approve an amendment to the former City of Nepean Zoning By-law to amend the zoning of 280 and 300 West Hunt Club Road from MM to MM Block X, as shown on Document 1 and as detailed in Document 2.

 

 

Recommandations du Comité

 

(Cette question est assujettie au Règlement 51)

 

Que le Conseil :

 

1.         approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 280 et 300, chemin West Hunt Club de GM23 H(22) à GM23 [XXXX] H(22), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

 

2.         approuve une modification au Règlement de zonage de l’ancienne Ville de Nepean afin de changer la désignation de zonage des 280 et 300, chemin West Hunt Club de MM à MM, bloc X, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

 

 

Documentation

 

1.                  Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 27 November 2008 (ACS2008-ICS-PLA-0222).

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

27 November 2008 / le 27 novembre 2008

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe,

Infrastructure Services and Community Sustainability

Services d’infrastructure et Viabilité des collectivités 

 

Contact Person/Personne ressource : Danny Page, Acting Manager/Gestionnaire intérimaire, Development Approvals/Approbation des demandes d'aménagement, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 27595  Danny.Page@ottawa.ca

 

Knoxdale-Merivale (9)

Ref N°: ACS2008-ICS-PLA-0222

 

 

SUBJECT:

ZONING - 280 AND 300 WEST HUNT CLUB ROAD (D02-02-08-0045)

 

 

OBJET :

zonage - 280 et 300, chemin west hunt club

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee recommend Council:

 

1.         Approve an amendment to Zoning By-law 2008-250 to amend the zoning of 280 and 300 West Hunt Club Road from GM23 H(22) to GM23[XXXX] H(22) as shown on Document 1 and as detailed in Document 2.

 

2.         Approve an amendment to the former City of Nepean Zoning By-law to amend the zoning of 280 and 300 West Hunt Club Road from MM to MM Block X, as shown on Document 1 and as detailed in Document 2.

 

RECOMMANDATIONS DU RAPPORT

 

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

 

1.         d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage des 280 et 300, chemin West Hunt Club de GM23 H(22) à GM23 [XXXX] H(22), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

 

2.         d’approuver une modification au Règlement de zonage de l’ancienne Ville de Nepean afin de changer la désignation de zonage des 280 et 300, chemin West Hunt Club de MM à MM, bloc X, comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.

 

 

BACKGROUND

 

The subject land is located along the south side of West Hunt Club Road, east of Merivale Road, and north of Bentley Avenue in the Merivale Industrial Sector.  Jamie Avenue terminates at the western boundary of the property. The lands have approximately 877 metres of frontage along West Hunt Club Road and are approximately 11.60 hectares in size.  The property, previously occupied by a petroleum distribution centre, is vacant and relatively flat.

 

The application had originally applied to additional lands located at 145 and 149 Bentley Avenue, which adjoin the West Hunt Club Road properties to the south; however, the applicant subsequently requested that these lands be removed from the application.

 

Purpose of Zoning Amendment

 

The applicant is proposing to develop the site for a shopping centre with 30592 square metres of retail building area and associated parking. Approximately 13000 square metres of this building area will be for a building supply store. The purpose of the application is to amend both the Comprehensive Zoning By-law, By-law 2008-250 and the former City of Nepean Zoning By-law to create new exception zones to allow for site-specific zoning provisions dealing with required parking and landscape buffers, as detailed in Document 2. 

 

Originally the application had also requested an amendment to the former City of Nepean Zoning By-law MM Zone -"Industrial Manufacturing", to allow "retail store" and "restaurant, fast-food" as permitted uses in the MM Zone and to amend the parking provisions for not only "retail store" and "restaurant", but for "building supply outlet" as well. This was required in order to make the former zoning consistent with the new "General Mixed-Use, Exception 23 - GM23 H(22) zoning which was applied through the new Comprehensive Zoning By-law, By-law 2008-250.  However, with the adoption of the Comprehensive Zoning By-law on June 25, 2008, and there being no appeals filed against the subject property, the GM23 H(22) zoning of the new zoning by-law, which permits "retail store" and "restaurant" as permitted uses, is in full force and effect. However, an appeal was filed against By-law 2008-250 dealing with the definition of "Shopping Centre" and its associated parking provisions.  In these circumstances, the more restrictive zoning provisions of the former City of Nepean by-law still apply.  Therefore, the purpose of the subject amendment is to amend the former City of Nepean Zoning By-law dealing with the parking provisions for "Shopping Centre" as it applies to the subject site.

 

Existing Zoning

 

As indicated, By-law 2008-250 zones the site GM23 H(22) - General Mixed Use.  The GM Zone allows residential, commercial and institutional uses, or mixed use development.  The zone is meant to permit uses that are often large and draw from broader areas and which may generate traffic, noise or other impacts provided the anticipated impacts are adequately mitigated or addressed.  In addition to the commercial uses permitted in a GM Zone, uses such as automobile body shop, service station, car wash, hotel and light industrial uses are also permitted in the GM23 zone.

DISCUSSION

 

Official Plan

 

The Official Plan designates the property General Urban Area.  This designation permits a broad range of uses including retail, employment, service, residential and institutional uses.  The requested amendment to the zone provisions would be in compliance with the provisions of the General Urban Area designation.

 

Zoning By-law

 

Under the former City of Nepean Zoning By-law, it is recommended that the lands be rezoned from MM to a new special MM Block X to allow for a minimum number of parking spaces of 3.6 per 100 square metres of gross leaseable floor area shopping centre.  This requirement is contained in By‑law 2008-250, but as indicated, a site specific exception is needed due to the outstanding appeal of the parking provisions for a shopping centre.  As a result, the applicant is required to comply with the more restrictive parking requirements of the former City of Nepean By-law until such time as the appeal is resolved. 

 

An amendment to By-law 2008-250 is also being recommended in respect to the required landscape buffer.  By-law 2008-250 requires a 3.0-metre landscape buffer abutting a street, and along all property lines, if adjacent to a parking lot.  The current Site Plan shows a reduced landscape buffer of 2.85 metres along the westernmost portion of the property. The encumbrance of an easement along the western boundary presents a difficulty in achieving a 3.0-metre wide buffer.  It is concluded the visual impact of a reduced buffer in this location is considered reasonable and appropriate. The landscape buffer along the rear lot line, adjacent  to the proposed building supply store, will be 0.5 metres.  The reduced buffer is in response to achieving greater site layout efficiencies, constraints of the grades of the overall property and the on-site environmental/site contamination constraints.  Allowing the proposed location of the building closer to the rear property line will reduce the area of building encroachment into the contaminated soils area in front of the building and minimize costly site remediation requirements.  The reduced buffer is also supported in this location as it is the intent of the applicant to install a site obscuring high fence to screen the vehicle loading area in the rear of the store, thereby minimizing the visual impact to the adjacent industrial lands.

 

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.

 

Comments were received from tenants located in the building at 149 Bentley which is located directly south of the subject property.  The tenants currently operate automotive type businesses out of this location.  As noted earlier, the application had originally also included the properties at 145 and 149 Bentley Avenue and the applicant was seeking to amend the former City of Nepean Zoning By-law to add retail and restaurant uses to the current MM (Industrial Manufacturing) zoning. In terms of their property, they felt the proposed rezoning would have an impact on their businesses as well as other automotive and industrial businesses operating in the area.  With the addition of retail uses to the existing zoning, their businesses would be forced to leave as they would not be viewed as the highest and best use.  They further indicated that it would be difficult to find another location in which to operate their automotive businesses.  With the adoption of By-law 2008-250 in June, the applicant requested that the application of the Bentley Avenue properties not be included in the application as they felt it was no longer required.

 

Comments were also received from the landowner at 295 and 299 West Hunt Club Road which is located across the street from the subject property.  As part of the redevelopment of their property, traffic signals were installed on West Hunt Club Road at the entrance to their development.  The proposed entrance to the proposed development of the subject application aligns with the entrance across the road and the owner is requesting that the owner share in the cost of the installation and maintenance of the traffic signals.  This is a matter relating to Site Plan Control, not zoning, and it will be examined at the time of approval of the Site Plan. 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

N/A

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Plan

Document 2      Details of Recommended Zoning

Document 3      Concept Plan

 

DISPOSITION

 

City Clerk and Legal Services Branch, Legislative Services to notify the owner, Beth Henderson Trinity Development Group/Uniform Development, 359 Kent Street, Ottawa, ON, K2P OR6, applicant, Miguel Tremblay, Fotenn Consultants Inc. 223 McLeod Street, Ottawa, ON K2P OZ8, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail code: 26-76) of City Council's decision.

 

Infrastructure Services and Community Sustainability Department to prepare implementing by law, forward to Legal Services and undertake the statutory requirements.

 

Legal Services to forward the implementing by-law to City Council.

 

 


LOCATION PLAN                                                                                                  DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                         DOCUMENT 2

 

 

 

Proposed changes to By-law 2008-250:

 

1)      The lands municipally known as 280 and 300 West Hunt Club Road, as shown in Document 1, are rezoned from GM23 H(22) to GM23 [XXXX] H(22), with the following exceptions:

 

a)      Despite Table 110 – Minimum Required Width of a Landscape Buffer in a Parking Lot, the minimum required width of a landscape buffer adjacent to the westerly lot line is 2.80 metres and adjacent to the rear lot line is 0.5 metres. 

 

 

Proposed Changes to By-law 100-2000 of the former City of Nepean:

 

1)         The lands municipally known as 280 and 300 West Hunt Club Road, as   shown on Document 1, are rezoned from MM to MM Block X, with the following exceptions:

 

a)          The minimum number of parking spaces for a Shopping Centre will be 3.6 per 100 m2 of gross leasable floor area.

 

b)          The lands shall be considered one lot for zoning purposes.

 

 

 


CONCEPT PLAN                                                                                                     DOCUMENT 3