1.             ZONING - 1357 BASELINE ROAD

 

ZONAGE - 1357, CHEMIN BASELINE

 

 

Committee recommendations as amended

 

(This application is subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1357 Baseline Road from I1A – Minor Institutional Subzone A to AM[***]  Sch [***] – h – Arterial Mainstreet Special Exception Holding Zone as detailed in Document 2; as amended as follows:

 

1.         Revised Point 18 to read:

 

A maximum of 750 surface parking spaces may be provided for the entire site; the parking spaces may be installed as the development proceeds in phases; the parking spaces may not be located in the required or provided front or side yards abutting a street, or more particularly in the setback of said yards which setback may not exceed 7.0 metres.

 

2.         Revised Point 2 to read:

 

Where a single large format store is located in the east portion of the site as part of the first phase of development, that at least two of the six buildings shown on the concept plan (included as Document 4) shall be constructed also as part of the first phase along Baseline and Clyde, with at least one building located at the corner of Baseline and Clyde.  And, that these buildings be completed for occupancy within three years of the commencement of construction of the large format store.

 

3.         Additions to Point 20 to read:

 

k.   Prior to any site plan being approved, that a full community meeting be held, involving the applicant, Copeland Park Community, City View Community, Central Park Community, City planning staff and the Ward Councillors representing these communities.

 

l.    The Owner(s) not object to the formation of a Business Improvement Area for the Merivale commercial corridor that would include the Owner(s) lands.

 

m.  The Owner(s) agree through the site plan agreement to participate in future Community Design Plan Study for the Baseline/Clyde/Merivale triangle.

 

4.         That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

 

Recommandations modifÉes DU Comité

 

(Cette demande est assujettie au Règlement 51)

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de modifier le zonage du 1357, chemin Baseline de I1A – Zone de petites institutions, sous-zone A à AM [***] annexe [***] – h - Zone d’artère principale assortie d’une exception et à aménagement différé, comme le montre en détail le document 2.; modifié de la façon suivante :

 

1.         le point 18 révisé se lit comme suit :

 

Un nombre maximal de 750 places de stationnement en surface peuvent être prévues pour l’ensemble du site; l’aménagement des places de stationnement pourra coïncider avec les différentes phases du projet; les places de stationnement ne pourront pas être situées dans les cours avant ou latérales requises ou aménagées qui seront contiguës à une rue, ou plus particulièrement dans le retrait de ces cours, ce retrait ne pouvant pas dépasser 7.0 mètres.

 

2.         Le point révisé 2 se lit comme suit :

 

Si un magasin grande surface est construit dans la partie est du site dans le cadre de la première phase de l’aménagement, qu’au moins deux des six immeubles illustrés sur le plan conceptuel (document 4) soient également construits dans le cadre de la première phase, le long du chemin Baseline et de l’avenue Clyde, au moins un immeuble étant situé à l’angle du chemin Baseline et de l’avenue Clyde.  Et que ces immeubles soient prêts à être occupés dans les trois ans suivant le début de la construction du magasin grande surface.

 

3.         Les ajouts au point 20 se lisent comme suit :

 

k.   Avant qu’un plan d’emplacement soit approuvé, que soit organisée une réunion communautaire devant regrouper le demandeur, la population des secteurs de Copeland Park, de City View et de Central Park, des représentants des services d’urbanisme de la Ville et les conseillers des quartiers concernés.

 

l.    que le ou les propriétaires ne s’opposent pas à la formation d’une zone d’amélioration commerciale pour le corridor commercial du chemin Merivale qui engloberait les terrains du ou des propriétaires.

 

m.  que le ou les propriétaires conviennent de participer, dans le cadre de l’entente portant sur le plan d’emplacement, à la future étude du Plan de conception communautaire du triangle Baseline/Clyde/Merivale.

 

4.         Qu’aucun autre avis ne doit donné conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.

 

 

 

 

 

 

 

 

 

Documentation

 

1.                  Deputy City Manager’s report, Infrastructure Services and Community Sustainability dated 14 September 2009 (ACS2009-ICS-PGM-0131).

 

2.         Extract of Draft Minutes, 22 September 2009.

 

 


Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

14 September 2009 / le 14 septembre 2009

 

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 : John Smit, Manager/Gestionnaire, Development Review-Urban Services/Examen des projets d'aménagement-Services urbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 13866  John.Smit@ottawa.ca

 

River/Rivière (16)

Ref N°: ACS2008-ICS-PGM-0131

 

 

SUBJECT:

ZONING - 1357 baseline road (FILE NO. D02-02-08-0106)

 

 

OBJET :

ZONAGE - 1357, chemin baseline

 

 

REPORT RECOMMENDATION

 

That the  recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1357 Baseline Road from I1A – Minor Institutional Subzone A to AM[***]  Sch [***] – h – Arterial Mainstreet Special Exception Holding Zone as detailed in Document 2.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de modifier le zonage du 1357, chemin Baseline de I1A – Zone de petites institutions, sous-zone A à AM [***] annexe [***] – h - Zone d’artère principale assortie d’une exception et à aménagement différé, comme le montre en détail le document 2.

 

 

BACKGROUND

 

The subject property is located at the northeast intersection of Baseline Road and Clyde Avenue.  Baseline Road is a four lane major arterial road running east-west.  Clyde Avenue is a four-lane arterial roadway running north south that merges with Maitland Avenue to the north which continues towards the Queensway. The subject property is a corner lot with 271 metres of frontage along Baseline Road and 199 metres of frontage along Clyde Avenue.  The site is approximately 6.22 hectares in size and was most recently used for institutional purposes (Laurentian High School). 

 

The subject property is surrounded by a mix of land uses.  Abutting the northern property limit are residential units within the Central Park Community.  Immediately east of the site facing Baseline Road is the Scouts Canada headquarters.  Along the south side of Baseline Road there is a mix of commercial and retail uses.  A high-density residential development is located at the northwest intersection of Baseline Road and Clyde Avenue.  There is an existing pedestrian path to the school property at the northeast corner of the site from Niki Way.  A second walkway block to be constructed is located at the northwest corner of the site that will connect Scout Street to Clyde Avenue.

 

The subject property is designated Arterial Mainstreet in the Official Plan (OP) and is currently zoned Minor Institutional Subzone A (I1A) reflecting the previous use of the property as a high school.  This zone permits predominately institutional type uses including schools, a community centre, retirement home, place of assembly and sports arena. Any development for a use not permitted under the current zoning, but that would be consistent with the OP designation applicable to the site, requires an amendment to the Zoning By-law.

 

The applicant is proposing to develop the site as a predominately retail center with some upper floor office space for those buildings proposed to front onto Baseline Road and Clyde Avenue with future potential to accommodate residential and/or more intense office development. To permit this development, the applicant has submitted an application to have the property rezoned to an Arterial Mainstreet (AM) zone. The applicant’s development concept for the retail center is shown on Document 4. To date, a formal application for Site Plan Control has not been submitted. 

 

The proposed development is focused on providing a stand-alone single large format retail store located in the northeast quadrant of the site adjacent to the Central Park residential community that abuts the site to the north.  The remainder of the site would be framed with buildings ranging in height from one to three storeys along the frontage of Baseline Road and Clyde Avenue with upper floors accommodating approximately 7620 square metres of office space.  The total retail square footage proposed for the site is approximately 20400 square metres with the total density proposed reflecting a 0.5 FSI.  Approximately a 0.8-hectare portion of the property would be reserved for a period of time to pursue residential and/or additional office development on the site. Parking for the site would be accommodated internally with the majority of parking provided at grade and a portion proposed to be provided either underground or within a parking structure. 

 

The applicant proposes that the first phase of construction would be the proposed approximately 9200 square metre stand-alone single-use retail store in the northeast quadrant of the site.  The intent would be to construct and have completed some or all the buildings framing Baseline Road and Clyde Avenue within five years.  Due to the need to ensure that some significant site plan matters will be resolved prior to this development occurring, the applicant has agreed to proceed with the zoning change with the introduction of a holding provision which would not be lifted until such time that site plan approval is given for development of the site. The site plan would address the details of the site development related to location of buildings, access, landscaping, servicing and roadway modifications that may be required and ensuring that more intense mixed use development will be able to be accommodated over time.  

 

DISCUSSION

 

The subject site is located strategically within a fully developed urban area where there exists considerable potential for renewal and redevelopment in a way that significantly advances the policy objectives of the Official Plan for accommodating higher density mixed use development that can contribute to creating complete communities and that can support increased use of sustainable transportation.  However, for the subject site, the level of development that can currently be accommodated is limited, as on other sites throughout the city, by factors such as the surrounding transportation network and the availability of services.  The development proposed by the applicant is seeking to capitalize on the present development potential of the site, but will also need to be designed to allow for more intense development to be achieved over time so as to enable the site to be developed in a way that fully advances the policies of the Official Plan. 

 

In reviewing the rezoning application, the key considerations relate to how the development as proposed by the applicant, does or does not respond to and/or address applicable strategic directions and policies of the Official Plan and the directions set out in the Council approved Arterial Mainstreet and Large Format Retail Urban Design Guidelines.  Similarly the staff recommendations have been developed with a view to ensuring that development of the site will be able to achieve its short and long term potential for intensified mix use development beyond a retail center typical of what would be developed outside the greenbelt. 

 

This type of development program having an effective FSI of 0.5 from staff’s perspective, while appropriate today, given the site’s constraints, represents underdevelopment when considering the intent of the Official Plan’s policies and does not achieve the site’s potential.  To achieve the site’s potential over time requires that the placement and construction of buildings be designed to consider further development and intensification.  Towards this end, the staff recommendation will require the owner to demonstrate how their initial proposal will allow, in the future more intense mixed-use development. In staff’s view those issues must be addressed and accommodated as part of any development program. The staff recommendation therefore is directed to ensuring that development of the site will occur in a way that can accommodate the applicant’s needs while also ensuring that the City’s urban design objectives for development along arterial mainstreets will be meet and that more intense mixed use development can be achieved over time as constraints are addressed.

 

Staff’s assessment of the applicant’s development proposal relative to Official Plan directions and how the staff recommendations will support achieving the City’s objectives is discussed in the following sections. This discussion highlights the site’s potential as established by the policy framework of the Official Plan, the current constraints that limit the potential today to achieve the site’s potential and a review of how the applicant’s proposal responds to the Official Plan’s planning and design objectives and how it will or will not achieve the site’s potential. Details of the staff recommendations are explained ensuring that the initial development program of the site will achieve the site’s potential to meet the City’s design and planning objectives for development along arterial mainstreets.

 

Official Plan Policy Framework - Site Potential

 

The site’s potential is directly related to the policy framework set out in the Official Plan which encourages and requires intensification within the urban area through mixed use development that will support the establishment of pedestrian oriented urban places at strategic locations. Arterial Mainstreets are identified as one of the areas within the urban structure where these objectives are to be achieved.  The policy framework defining the site’s potential is discussed in this section.

 

Strategic Directions

 

Section 2 of the Official Plan sets broad strategic directions to meet the challenge of managing growth, providing infrastructure, maintaining environmental integrity and creating liveable communities within Ottawa. To meet these challenges, there is clear direction to provide for a mix of land uses and compact forms of development at strategic locations that will enable the City to support a high-quality transit system and make better use of existing infrastructure and roads.  Consistent with this broad direction, Section 2.2.3 specifically directs growth within the Urban Area to locations with significant development potential, and especially to areas designated Central Area, Mixed-Use Centers, Employment Areas, Enterprise Areas, Developing Communities and Mainstreets.  The objective for these areas is to have them develop as mixed-use areas, which includes housing, employment, shopping and recreation and at a density that can achieve a level of intensification that achieves the City’s intensification objectives and fits and works relative to the site’s urban context.  A mix of land uses will allow for live-work relationships and reduce the need to travel to other parts of the city with more intensified development providing for maximizing use of existing infrastructure in particular increased use of sustainable transportation and to contribute to creating more complete sustainable communities that respects and builds on existing patterns of development.   To ensure fit and appropriate integration of development within the existing urban fabric, specific direction is set out in Section 2.5.1 for the review of development proposals which includes accessing the scale of development and its compatibility.  The strategic directions set out in Section 2 are the foundations for the policy directions and land use designations set out in the Official Plan. 

 

Land Use Designation

 

The subject property is designated Arterial Mainstreet in the Official Plan.  The Mainstreet designation identifies streets that offer some of the most significant opportunities for intensification through compact development and a lively mix of uses.  On Arterial Mainstreets, development is to occur in a way that facilitates the gradual transition to more intensive forms of development which could mean, over time, high density employment and residential uses being introduced where appropriate.  To facilitate this evolution, the Zoning By-law may define the portion of the street frontage of an Arterial Mainstreet to be occupied by buildings located at or setback from the sidewalk. The Urban Design Guidelines for Arterial Mainstreets give further guidance towards implementing the policies of the Official Plan.

 

In addition to encouraging more intense mixed use development, another key direction for Arterial Mainstreets is for development to have a strong street orientation so that Arterial Mainstreets can evolve from hostile vehicular corridors to more comfortable, animated pedestrian corridors that can contribute to these streets becoming seams between communities on either side rather then being characterized as edges to communities and barriers for true integration of communities. This is a key element that the applicant’s initial development proposal must fully embrace to ensure that the initial development program will allow for more intense development to be achieved and to ensure that the development does not reflect an automobile oriented retail shopping center.

 

Recognizing the ability and need for arterial mainstreets to accommodate higher profile development to effect the evolution in character called for by the Official Plan, heights along arterial mainstreets under the Official Plan can be up to eight stories with higher heights permitted under any one of a number of conditions.  The subject site meets several of these and therefore is appropriate for buildings higher then eight stories. 

 

Compatibility Considerations

 

Section 2.5.1 sets out broad design objectives as qualitative statements on how the City will influence the evolution of the built environment.  These objectives, which are applicable to all land use designations are focused on enhancing the sense of community and maintaining places with their own distinct identity, providing quality public and private spaces through development, creating places that are safe, accessible and are easy to get to and move through, ensuring that new development respects the character of existing areas, creating places that can adapt easily and evolve over time and that are characterized by variety and choice and promoting environmental sustainability in development. Design principles are set out to further describe how each of the design objectives may be achieved.

 

Site Potential

 

In the context of the policy direction of the Official Plan, the site, given its strategic location and size exhibits tremendous potential. 

 

As the property formerly accommodated a secondary school with a low level of development that was part of the community with high community focus, there is a significant opportunity for this integrated relationship and community focus to continue, albeit from an institutional and recreational facility to a mix of new retail, commercial, employment and residential uses, all within a more intense form of development that is respectful of the scale of abutting developments while also moving forward the policies for Arterial Mainstreets. 

 

The potential to remain an integrated element and community focus is through the provision of appropriate forms of open space, landscaping and pedestrian walkways, along with complimentary building form and a mix of uses and designs all which are contributing towards the creation of a true sense of place for residents and visitors to enjoy.  The ideal location of the site at a major intersection creates a natural focus point for the area, and location to accommodate uses that draw people towards this area.  Safe, attractive and well designed pedestrian scale elements will establish the site as a people and pedestrian area. This in turn supports an increase in the activity on the site creating an animated environment for prolonged periods versus the former use.

 

With new and continuing residential development to the north in the Central Park neighbourhood, established neighbourhoods to the west and south and office and service uses along Baseline Road and Merivale Avenue, the site has great potential to establish itself as an area with a combination of these uses to establish a new mixed-use form that extends the fabric of the community onto the site whereas traditionally uses have been typically found clustered, such as retail strip plaza’s or individually on separate parcels.  Such a development has the potential to serve as a template for similar developments throughout the city along Arterial Mainstreets.

 

Lastly, with such a desirable location serviced by public transit and close to the Queensway, the site has the ability to provide for the employment, service, retail and residential needs of the surrounding area while potentially reducing automobile dependency and encouraging alternative forms of transportation.  The application of the Urban Design Guidelines for Development along Arterial Mainstreets and Large Format Retail Urban Design Guidelines will be critical in the evaluation of a forthcoming application for Site Plan Control.

 

Current Constraints to Achieving Potential

 

Traffic

 

A key issue that staff, the community and the applicant have been dealing with related to the review of the application is traffic.  The Baseline Road and Clyde Avenue and Baseline Road and Merivale Road intersections are known as two of the more congested intersections in the city where intersection failure during the peak periods is common.  This is a result of these three streets being major arterials carrying very high volumes of commuter traffic across town from the south to the downtown and in east to west directions.  Currently both intersections operate at Level of Service (LoS) “E” in the PM peak and at LoS “D” in the AM peak.  The congestion at these intersections has also contributed to concerns related to cut through traffic in particular for the Copeland Park community. 

 

As part of the submission requirements for the rezoning, the applicant was required to prepare a traffic study to assess the additional traffic that could be expected as a result of the development proposed and the ability of the area road network and intersections to accommodate the increased traffic.  The study concluded that some intersection modifications could be undertaken that would improve the operations of the Baseline Road and Clyde Avenue and Baseline Road and Merivale Road intersections but that the improvements realized would immediately be lost once the development is completed resulting in maintaining a status quo for the operation of these intersections.  This is one of the key constraints to achieving more intense mixed-use development at this time resulting in the level of development that is able to be achieved now being limited to what is being proposed by the applicant.

 

From staff’s perspective, central to the traffic discussion are conflicting policy directions.  On one side, the strategic directions set out in the Official Plan are advocating for more intense development, improved transit and establishing a land use pattern that supports increased transit use and promotes greater mobility choice for people to use alternative travel modes.  On the other side the Transportation Master Plan (TMP) sets out a threshold for LoS for intersections to operate at LoS “D” or better.  In the context of the subject application, achieving the strategic directions of the Official Plan is not possible if the LoS threshold of the TMP is to be respected.  Resolution of this conflict however requires a broader policy debate which is something that is beyond the scope of matters that can be addressed in the context of dealing with a site specific rezoning. 

 

Also, while Baseline Road is designated as a transit priority corridor in the Official Plan and TMP, work remains to be done to achieve the transit priority objectives for Baseline Road.  Resolution of the current policy conflict and/or implementation of works to establish Baseline Road as a transit priority corridor are initiatives that can provide for realizing more intense mixed use development for the site in the future.  Staff is of the view that the zoning established should be designed to allow for this and this is being proposed by setting out provisions that will achieve this with holding provisions that will limit development until the current transportation limitations based on current policies and transportation infrastructure are addressed. This, in staff’s view, represents a more sustainable approach to establishing an appropriate zoning for the site.

 

Servicing Issues 

 

The policies of Subsection 4.4 Water and Wastewater Servicing of the Official Plan require adequate services for new development.  The applicant has demonstrated that the property is adequately served by water and sewer facilities and staff have confirmed, on a high level basis, that sufficient capacities are available to accommodate more intense development.  However, detailed studies would be required to support the high level determinations made by staff. 

 

The key constraint from a servicing perspective to achieving more intense development as identified through the processing of the rezoning application relates to hydro service.  In this regard, Hydro Ottawa has advised the applicant and staff that the proposed level of development would have adequate servicing, however infrastructure limitations would impact the potential of the site to intensify to a greater level without a very significant investment to provide for costly service extensions.  Given the transportation constraints that limit realizing the site’s full potential today, it is difficult to justify moving forward with the required hydro service extensions at this time. 

 

Assessment of Development Proposal

 

Staff have reviewed the development proposed by the applicant that is reflected in Document 4 in the context of the Official Plan and the Council approved Arterial Mainstreet and Large Format Retail Design Guidelines.  Based on this review, staff have concluded that the applicant’s development program has ingredients that address the planning and design objectives and principles set out in the Official Plan and in the above-noted guidelines.  In this regard, the proposed development redefines the use of the site from institutional to a use that fits better into the uses contemplated under the Arterial Mainstreet designation and is responding, given the site’s current constraints that limit development intensity, to certain design objectives and principles set out in Section 2.5.1. and in the arterial mainstreet and large format retail design guidelines.  Most notably, the development is proposing some multiple storey street edge buildings along Baseline Road and Clyde Avenue to allow for the transformation of these streets from hostile vehicle corridors to more pedestrian-friendly streets.  However, as the development proposal currently reflects a low density development program (0.5 FSI) and is characterized predominately as a retail center, there remains considerable potential for the site to be further developed to accommodate more intense mixed use development subject to the current constraints being addressed.  This would provide for the development of the site to become a truly urban development that creates a strong community focus. 

 

The applicant’s development proposal in staff’s view, is seen as an initial development program that has been developed to be consistent with certain key elements of the form of development and mix of uses called for by the Official Plan for Arterial Mainstreets.  The site development proposes a large format anchor tenant and perimeter buildings around a central surface parking area.  As well, a portion of the site would be reserved for a period of time to bring forward and further evaluate opportunities for residential and/or more intense office development on the site to try to advance a more mixed use development program as part of the initial development program.   Staff is of the view that a residential element could provide for integrating the site into the residential fabric of the adjacent communities with more intense office development contributing to a more sustainable development program. 

 

The basic elements to ensure that the site’s potential can be achieved are reflected in the initial development program.  However, to ensure that the current proposal will allow for the achievement of the site’s ultimate potential and ability to fully advance the planning and design objectives of the Official Plan for arterial mainstreets, matters related to having uses oriented to the street, and certain other site plan matters will need to be more fully developed through the Site Plan Control Process.

 

With respect to ensuring street oriented retail, the applicant, as part of the rezoning has submitted artist’s renderings and has indicated that their objective for the development is to provide for a street orientation for the initial development with display windows and doors provided from Baseline Road and Clyde Avenue.  Staff sees this as being absolutely critical for the development of the site to ensure development will not be an inward oriented retail shopping center where uses are oriented to the internal parking area rather then being oriented to the street with well defined pedestrian connections from the internal parking to the street edge lacking.  Staff also considers it important that sufficient street edge setbacks be provided that will allow unique street environments to be established to cater to pedestrian comfort, safety and interest.  Because of the importance of ensuring that the development will be street oriented, staff are recommending several provisions under the zoning as matters to be addressed through the site plan control process.

 

Not having the development street oriented, in staff’s view, can also frustrate achieving more intense development where surface parking is currently proposed adding further to the significance of certain details of staff’s recommendation. With a street orientation as called for by the Official Plan, there exists potential to replace the surface parking with structured parking and higher profile residential and/or office development above.  In this regard, notwithstanding the allowed heights under the Official Plan for development along arterial mainstreets and the applicant’s proposal for a low profile development with three-storey and one storey buildings along Baseline Road and Clyde Avenue, the Official Plan as noted allows for eight storey development along arterial mainstreets and supports higher buildings where any one of several conditions are meet.  Under this policy, staff feel that buildings to a height of 15 storeys can be accommodated internally on the site with height limits stepping down to the north to ensure a compatible relationship between heights on the site and adjacent areas to the north while limiting heights adjacent to the street edge to eight stories.

 

Higher profile development internal to the site with an eight storey street edge profile will allow for intensifying development and would better define the street at a building height to street width ratio that can further advance the Official Plan and Arterial Mainstreet design guideline objectives for having the street transformed to a more pedestrian focused urban street.  However, the site needs to be organized such that this further intensification can be easily achieved.  The applicant’s development concept as reflected in Document 4 in staff’s view, with the required street orientation for uses for the perimeter buildings, will allow for achieving this more intense development.

 

With respect to the applicant’s current low profile proposal, and especially the one storey street edge buildings proposed, while staff would prefer that all street edge buildings have a minimum height of two stories, staff are prepared to accept the proposed one storey elements provided the buildings have an effective height that would be associated with a two storey building.  This will ensure that the urban design objectives associated with having multiple storey buildings so as to contain the street and to support the evolution of the street from one that has been designed as a traffic artery to a more urban street that is enclosed by buildings of appropriate height to make the street a more humane environment for pedestrians and diminish its automobile oriented design will be achieved.  Staff are satisfied that the current development program will provide for the basic framework to achieve this.

 

Other items that require resolution to ensure the site’s ultimate potential can be realized relate to various site plan matters.  These include location of loading areas, ensuring that the initial development provides a framework for well defined internal pedestrian systems, integration of the development with adjacent lands and in particular the residential community to the north.  To address these matters, the applicant will need to ensure that the initial development program is designed such that it provides the development structure needed to address these matters more fully when increased development is able to be achieved. 

 

Achieving the Site’s Potential – Details of Staff Recommendation

 

The staff recommendation proposes an amendment to By-law 2008-250 from the Minor Institutional – I1A subzone applying to the property to an AM[***] Sch [***] – h, Arterial Mainstreet Special Exception zone with a holding provision.  The proposed by-law would introduce specific performance standards and holding provision requirements to direct the development of the site consistent with the strategic directions and the applicable Arterial Mainstreet policies of the Official Plan.  It is the intent of the implementing by-law to require a minimum form of development be introduced on the subject lands as reflected by the applicant’s proposal that can be supported under current conditions and requiring constraints to be resolved prior to more intense development occurring.  As the subject site is located in a strategic urban location along a major Arterial Mainstreet, there is an ideal opportunity and staff feel a necessity in the context of the Strategic Directions of the Official Plan that development of the site advance the policies of the Official Plan related to development along Arterial Mainstreets in both the short term and longer term.  The initial development therefore will need to establish a framework for more intense development over time.  The applicant’s current proposal in staff’s view will allow for this framework to be established. Document 2 sets out the details of the recommended zoning.

 

The key features of the recommended zoning relate to the holding provisions being recommended and to the performance standards to ensure street oriented development, allowing for higher profile development, and setting out minimum and maximum street edge setbacks.

 

The holding zone provisions set out requirements both for the initial development proposed by the applicant and for achieving more intense development over time as constraints are resolved.  For the initial development, a key element of what will be required, in addition to obtaining Site Plan approval, is a demonstration on how the applicant’s initial development will allow for more intense development to be achieved over time.  A number of specific site plan matters that will need to be addressed as part of the initial development program are also detailed for council approval to establish a frame of reference for developing the site plan that is to be approved to accommodate the applicant’s initial development program

 

The key performance standards being recommended are directed to ensuring that the site will develop in a way that is consistent with the directions set out by the Official Plan for development along arterial mainstreets to have a strong street orientation and to allow the intensity of development considered suitable for the site under the policy framework of the OP to be realized over time.

 

To ensure that the street side of the street retail will be the front door and the area where access to the retail uses will be provided, the staff recommendation requires that storefronts along the frontage of Baseline Road and Clyde Avenue be oriented to these streets and for this frontage to act as the primary entrance for customers.  As well, the recommended zoning will direct all loading, servicing and emergency exits to be located internal to the site.  Staff is also requiring a minimum setback from Baseline Road and Clyde Avenue to allow for the establishment of a comfortable pedestrian environment along the street that is distinguished and sheltered from the high volume traffic activity on the adjacent roads. This recommendation will require the applicant to think differently on how to develop the site so that it will not be reflective of developments where the street side of the retail reflects a secondary entrance and not a primary entrance. The applicant, while noting that this will be challenging, has agreed to ensure that a street orientation for retail is achieved to ensure that the site’s potential over time can be realized.

 

With respect to future development, given the opportunity for the site to accommodate higher profile development under the policies of the Official Plan, staff in addition to recommending a minimum height for all building along the frontage of Baseline Road and Clyde Avenue of seven meters, is also recommending an increase in height for portions of the property as shown on Document 3. Staff feel these heights are compatible with the scale of existing development in the immediate area, and will allow more intense development to be appropriately achieved to support the transformation of the site and this section of Baseline Road to become a true urban place.

 

A number of other performance standards are also set out in Document 2 that both staff and the applicant are in agreement on.

 

Requirements for the Lifting of the Holding Provision

 

Building further upon the performance standards set out in the recommended zoning, as part of the application for Site Plan Control approval which will be required to lift the holding provision specific elements that address issues such as pedestrian connections and linkages, a continuous street frontage, the creation of a focal point and parking must be addressed as detailed in Document 2 prior to Site Plan approval being given.  A key element of these is the applicant demonstrating how the initial site plan to accommodate the initial development program will accommodate more intense development over time.  This will set the framework for the final site design for the initial development program.  The specific matters detailed in Document 2 that are to be addressed prior to the holding provisions being lifted to allow for the applicant’s development as proposed today and to allow for future more intense development are highlighted below.

 

With the zoning details recommended, the requirements to be satisfied prior to the lifting the holding including the matters to be addressed as part of the Site Plan.  The site will be developed such that the applicant’s proposal will be accommodated in a way that will also allow for further more intense development to realize the sites potential to advance the Official Plan directions for development along Arterial Mainstreets.

 

ENVIRONMENTAL IMPLICATIONS

 

A Phase II Environmental Site Assessment and a Soil Contamination Delineation Report have been submitted to staff for review and has confirmed that the site is contaminated and is therefore eligible for brownfields funding. The proponents have submitted a request for this funding to assist with remediation costs.  A report dealing with this request is being brought forward. A Record of Site Condition (RSC) will be required as per the funding program.

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  Two public meetings were held on November 4, and November 6, 2008.  As a result of the comments received from the public meetings and circulation dominant issues concerning the project were brought forward from individual members of the public, community organizations and abutting landowners. A summary of the comments received and a response is included in Document 5.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

If the staff recommendation is approved and the zoning is appealed to the Board, the resulting hearing would be estimated to be of five days duration and could be accommodated within staff resources.  Should the zoning be refused and the refusal appealed to the Board, it is estimated that a two week hearing would result.  Outside witnesses would need to be retained by the City and the estimated cost would be in the range of $200,000 to $300,000.

 

FINANCIAL IMPLICATIONS

 

N/A

 

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 considerable amount of public interest generated by this proposal that resulted in several public meetings being required.  As well, there was a need for extensive discussions with staff to deal with technical and planning considerations that were central to determining a staff recommendation.

 

SUPPORTING DOCUMENTATION (Immediately follows the report)

 

Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Zoning Schedule

Document 4      Development Concept

Document 5      Consultation Details

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON  K2E 7J5, 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 the implementing by-law, forward to Legal Services and undertake the statutory notification.

 

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


LOCATION MAP                                                                                DOCUMENT 1

 

 

 



DETAILS OF RECOMMENDED ZONING TO BE MODIFIED                     DOCUMENT 2

 

That the property known municipally as 1357 Baseline Road will be rezoned from I1A to an AM exception zone with a holding provision.

 

The exception will set out provisions similar in effect to the following:

 

Site Development

 

1.         Only one large format retail use building is permitted within the zone. 

 

2.         For the purpose of the zone, a large format retail use building has a minimum 30,000 square foot GFA and a maximum of 150,000 square foot GFA.

 

3.         Notwithstanding any future severances or other land divisions, the entire lot will be considered one lot for by-law purposes

 

Location of Uses

 

4.         Residential use buildings are only permitted along the northern portion of the site adjacent to the Central Park community. 

 

5.         Except for any building located within the area to be reserved for residential or office development as set out in clause 20(d) the ground floor of buildings as referenced by clause 13 shall be restricted to the main commercial uses of this AM zone with lobby areas and access areas for upper floor uses being limited to an aggregate maximum 15% of the GFA of the ground floor of each building.

 

6.         For a building or buildings located within the area to be reserved for future residential and/or office development as set out in clause 20(d), the requirements set out in clause 5 for ground floor uses and the limitation of 15% of GFA of ground floor area for second floor access and lobbies will only apply for that portion of a building that is not a residential use building located within 20 metres of the Clyde Avenue lot line

 

7.         The following non-residential are not permitted on the ground floor of any building as referenced by clause 13. 

 

a.                   broadcasting studio,

b.                  catering establishment,

c.                   diplomatic mission,

d.                  place of assembly,

e.                   place of worship,

f.                    production studio,

g.                   research and development centre,

h.                   school,

i.                     technology industry, and

j.                    training centre.

 

In the case of the following uses:

 

a.       amusement center

b.      instructional facility

c.       office

d.      medical facility

 

An individual use or the aggregate of these uses located on the ground floor of a building as referenced by clause 13 are limited to an area of 500 sq.m. per building.

 

8.      An above grade parking garage is only permitted where it is screened from view from the street and adjacent residential zones by landscaping and architectural features.

 

9.      The following uses are not permitted in this zone:

a.       automobile dealership,

b.      automobile rental establishment,

c.       automobile service station

d.      car wash

e.       drive-through facility

 

Building Characteristics

 

10.       Any commercial use located on the ground floor within a building setback as referenced by clause 13 from a lot line abutting Baseline Road and/or Clyde Avenue must:

 

a.         have its customer main entrance and primary see through windows facing that street; and,

b.         only have a  secondary customer entrance facing the interior of the site.

c.         have all loading areas located internal to the site with access provided from internal roads and/or service driveways

 

11.       Tenancies occupying less than 140m2 GFLA on the ground floor, may be oriented to and have their primary entrance provided from the interior of the site only where such tenancies do not occupy more then an aggregate total of 25% of the ground floor area of the building. Tenancies occupying less than 140m2 GFLA that have their orientation to the interior of the site may not abut one another.

 

12.       The minimum and maximum building heights are set out on a schedule as shown on Document 3.

 

Performance Standards

 

13.       Any building located within 20 metres of Baseline Road or Clyde Avenue must be setback to provide a minimum distance of 6.0 metres between the curb of any widened right-of-way secured through a site plan approval along Baseline Rod and Clyde Avenue and may not be setback more than a maximum of 7.0 metres from the street edge lot line.

 

 

14.       Minimum required interior side yard setback:

a)         where abutting a residential zone: 9 metres all of which must be landscaped with soft landscaping,

b)         all other cases: 7.5 metres.

 

15.       Minimum required rear yard setback : 7.5 metres

 

Parking and Loading

 

16.       Minimum required number of loading spaces for all uses up to a 0.5 FSI on the lot: 2

 

17.       Any loading areas shall be located or screened so as not to be visible from the abutting streets, residential areas and from a pedestrian linkage from the Central Park Community to Baseline Road.

 

18.       A maximum of 750 surface parking spaces may be provided for the entire site and may not be located in a required or provided front yard or side yard abutting a street.

 

Removal of Holding

 

19.       None of the permitted uses are allowed until the holding symbol is removed in whole or part.

 

20.       The following conditions shall be met before the holding zone is removed in whole or in part:

 

a)         An application for Site Plan Control has been approved and an agreement has been registered.

 

b)         In the case of development greater then 0.5 FSI, the holding status shall apply until:

 

i)          A revised Site Plan for the development has been approved and the required revised agreement entered into.

 

ii)         Confirmation that adequate municipal services are available to meet the needs of the development.

 

iii)         That transportation needs based on applicable policies and standards in place at the time of any such development can be met to the satisfaction of the City.

 

c)         In the first Site Plan Agreement, the Owner will reserve 0.74ha of land in the North West section of the property for either a residential development or an office development. This reservation shall expire five years after the date of the first site plan agreement on this property.

 

d)         Where a single large format retail store is to be located in the northeast portion of the site as part of the first phase that are required to support the proposed development, at least two buildings shall be constructed either at the corner of Baseline Road and Clyde Avenue or on the Baseline Road frontage also as part of the first phase for occupancy within five years of commencement of construction of the large format store.

 

e)         The City will retain the brownfields grant funding until the street edge buildings required by (d) have been completed. 

 

f)          The Owner(s) agreeing through the Site plan Agreement to work with the City to prepare an implementation strategy to the satisfaction of the City for the recommendations of the O-D Survey Study that has been completed by the  Owner(s) and that has   identified  community traffic issues including but not limited to, cut through concerns in certain adjacent neighbourhoods and possible mitigative measures.

 

g)         The Owner preparing the required roadway modification plans and assuming responsibilities and costs as may be determined with required front ending and construction agreements entered into for the implementation of roadway modifications that are required to support the proposed development as identified through the approved Traffic Study prepared for the development as part of the rezoning and that includes but is not necessarily limited to intersection modifications at Clyde Avenue /Baseline Road and Baseline Road / Merivale Road to the satisfaction of the City.

 

h)         The City is satisfied with and has approved all accesses to and from the site from Baseline Road and Clyde Avenue.

 

i)          Any site plan that is approved must, either on the plan or within the required agreement, at a minimum include and/or address the design and development requirements set out below to the satisfaction of the General Manager, Planning and Growth Management.

 

j)          Only landscaping shall be permitted on the areas outlined in clause (d) until such time that site plan control approval is granted for said buildings.

 

Design and Development Requirements

 

The design and development of the redevelopment of 1357 Baseline Road shall be subject to the following in addition to all other applicable City of Ottawa Design Guidelines as approved by City Council.

 

1.               Provide for clear demonstration how future more intense and mixed use development over an effective FSI of 0.5 will be accommodated and integrated into the initial development program for the site if the intent is to develop the site initially with an effective FSI at or below 0.5.

 

2.               The provision of a landscaped pedestrian connection from the Central Park Community to Baseline Road along the east side of the zone within a fully landscaped corridor that provides a unique pedestrian experience through the landscape design and provides appropriate separation and buffering from vehicular routes.

 

3.               Development of a focal element on the corner of Baseline Road and Clyde Avenue. This may be an open space focus that is animated and provides for a connection to the interior of the site or may be a higher profile building within the height limits set out under the zoning.

 

4.               Development of an internal street system serving as access drives and service corridors that are distinguished and separate from the key pedestrian routes and links to be provided on site.

 

5.               Clearly defined pedestrian corridors with animation that direct users to street edges.

 

6.               Provision of extensive berming and landscaping using well developed trees with a minimum calliper of 10cm to screen the back wall of the single large format retail store that is permitted on the rear portion of the site.

 

7.               Building elevation plans for all proposed buildings in each stage of development reflecting a high architectural standard that provides interest and animation of facades with extensive glazing in the form of see through display windows, articulation, landscaping features, street furniture and primary entrance doors facing street edge sidewalks and upper floor windows, to avoid expansive stretches of blank wall conditions along street edge sidewalks and along key internal pedestrian routes.  The elevation plans will be approved as part of the Site Plan for each phase of development.

 

8.               Buildings along Baseline Road and Clyde Avenue must provide access for customers and display windows for each business occupying space that extends to the Baseline Road and/or Clyde Avenue fronting building wall in accordance with the requirements set out in the zoning provisions. The Owner shall, through the site plan agreement, enforce the requirement to maintain the street accesses and display windows such that a pedestrian oriented street environment is maintained. The Owner must provide and enforce provisions to this effect in the management of the property and/or in purchase or lease agreements with the occupants, failing which the Owner acknowledges and shall also include in all lease agreements provisions that the City will enforce the requirements of the Site Plan Control Agreement.


ZONING SCHEDULE                                                                                           DOCUMENT 3

 

 

 

DEVELOPMENT CONCEPT                                                                               DOCUMENT 4

 

 

 

 


CONSULTATION DETAILS                                                                                DOCUMENT 5

 

NOTIFICATION AND CONSULTATION PROCESS

 

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments.  Two public meetings were also held in the community on November 4 and November 6, 2008.  City staff, the applicant, their agent and the Ward Councillor, Councillor Maria McRae were in attendance at all meetings. Councillor Chiarelli was in attendance at the meeting on November 6.

SUMMARY OF PUBLIC INPUT

Based on numerous comments received from two public meetings on November 4 and November 6, 2008, e-mails and letters, the main concerns expressed over the undertaking have been categorized into the issues below.  As well, there were general comments from the public which stated there was a great opportunity to redevelop the site if done so in a manner that was respectful of the area and was designed well.  The redevelopment of a major intersection with a pleasing urban design was generally supported subject to consideration of the issues outlined below.

 

Concerns with respect to the application for rezoning and lifting of the holding provision.

 

1.         Concerns were raised with respect to the process of approving an application for a change in zoning without an accompanying application for Site Plan Control.

 

Response:

 

An application for Site Plan Control is not required to be submitted along with an application for a change in zoning.  To assist the planning justification the applicant has prepared and submitted a concept plan for the development.  It is not uncommon to see a concept plan submitted with an application for a change in zoning in order to help justify and demonstrate the performance standards being proposed for the undertaking such as building locations, parking etc.

 

2.         Concerns were raised with respect to the process for the removal of a Holding Provision and which Councillor(s) should have the ability to remove delegated authority.

 

Response:

 

The process for the removal of a holding provision is an application for a change in zoning to remove the “h” symbol from a by-law under Section 36 of the Planning Act.  In Ottawa the approval of such an application is delegated to staff, however the Ward Councillor where the application is located may withdraw delegated authority.  Should the Ward Councillor withdraw delegated authority, a report would then be prepared by staff and presented to Planning and Environment Committee (PEC) for consideration.  The recommendation of PEC would then be carried forward to Council for consideration.  Once a decision is made by Council, only the applicant may appeal the decision to the Ontario Municipal Board (OMB).  Should delegated authority not be withdrawn, a delegated authority report would be prepared for approval by staff, with the implementing by-law going to Council for consideration.  In either scenario, a notice of intent to pass would be required as well as the posting of on-site signs and circulation to the community prior to any decision being made.

 

3.         Concerns were raised with respect to the impact of property values upon approval and build-out of the site.

 

Response:

 

Staff have received no data or information to either support or refute this assumption.

 

Concerns with respect to Traffic and Vehicular Access

 

1.         Concerns were raised with respect to the current congestion at the intersection of Baseline Road and Clyde Avenue. 

 

Response:

 

The applicant was required to prepare a traffic study to assess the additional traffic that could be expected as a result of the proposed development.  The study concluded that some intersection modifications could be undertaken that would improve the operations of the Baseline Road and Clyde Avenue and Baseline Road and Merivale Avenue intersections, however the improvements realized from the project would be lost once the development is completed resulting in a return to the current level of service at the intersection. 

 

2.         Concerns were raised with respect to the proposed access onto Clyde Avenue.

 

Response:

 

Based on the concept plan proposed by the applicant, the access onto Clyde Avenue is proposed to function as a right in and right out movement.  There is no proposed break in the median to turn left onto the site when travelling south on Clyde Avenue.  A full movement access is proposed along Baseline Road with an additional right-in only movement moving west on Baseline Road.  The exact location and amount of access points will be further refined and discussed through the Site Plan Control process.

 

3.         Concerns were raised that Maitland Avenue would become a truck route.

 

Response:

 

Maitland Avenue or Clyde Avenue north of Baseline Road are not designated as full-load or restricted-load truck traffic routes.  In the immediate area Baseline Road, Merivale Avenue and Clyde Avenue south of Baseline Road are the only designated truck routes.

 

4.         Concerns by Scouts Canada with the impact of the proposed shared access from Baseline Road with their site and its operation

 

 

 

Response:

 

The applicant has been working with Scouts Canada to address their concerns to achieve agreement on the shared access proposed.  As a requirement for the lifting of the Holding provisions, all site access will need to be acceptable to and approved by the City.

 

Concerns with respect to Parking

 

1.         Concerns were raised with respect to the amount of parking being proposed for the property and the potential for spill over into adjacent residential communities.

 

Response:

 

Parking for the site is to be accommodated in two manners, through surface and underground and/or structured parking.  Parking for the development proposal is in conformity with the by-law requirements for the proposed mix of retail and commercial uses.  The parking required for

the site would be 2.5/100m2 of retail space and 2/100m2 of office space for a total of 510 and 152 spaces respectively.   The proposed development is providing 840 spaces for the site which will contribute to reducing any potential spill over into adjacent neighbourhoods.

 

Concerns related to Site Plan Control

 

1.         Numerous concerns were raised in the comments received with respect to matters which are typically dealt with through an application for Site Plan Control such as garbage enclosures, noise, landscaping, site lighting, building placement, parkland and site access. 

 

Response:

 

In this situation a formal application for Site Plan Control was not made and only a concept plan was submitted in support of the application.  It is understood that the above items are crucial to the design and consideration of any development proposal.  However, as there is no formal application for Site Plan Control, it is not possible at this time to fully negotiate or analyse the above design elements.  However, through the recommended zoning staff have put forward performance standards for the site which must be incorporated into a proposed site plan.  The performance standards will regulate a maximum and minimum building setback from Baseline Road and Clyde Avenue, a minimum separation distance between buildings and residential zones of 9 metres, as well as the provision of a nine-metre landscape strip abutting any residential zone.  As they are recommended as performance standards within the implementing by-law the provisions will be required, unless relief is sought through the Committee of Adjustment, which is a separate application that will be reviewed through a separate public process. 

 

As well, building further on the performance standards being recommended in the implementing by-law, a holding provision is recommended that will require Site Plan approval to be obtained prior to development occurring and specific required design elements are being specified as matters to be addressed in any site plan that is to be approved. These requirements to satisfy the lifting of the holding provision will address issues such as the provision of well designed pedestrian connections through existing residential neighbourhoods to the north and through the site, providing for buildings fronting on baseline and Clyde to accommodate street oriented retail, and the requirement for a focal point at the intersection of Baseline Road and Clyde Avenue in either the form of a public open space area or a signature building.  With the additional requirements being included into the provisions of the lifting of the holding provision, it is staff’s opinion that this mechanism will address the matters of concern brought forward in the comments.

 

Lastly, as an application for Site Plan Control will be required for the lifting of the holding provision, the public will have the opportunity to review the application and provide comments prior to any recommendation being brought forward.

 

2.         Concerns were raised with respect to the timing of construction to implement the overall development of the site as proposed by the applicant.

 

Response:

 

The issue of phased construction was of great significance to residents as there was no clear timetable as to when the buildings along Baseline Road and Clyde Avenue were to be constructed.  It was suggested in comments that minimum construction requirements be imposed to ensure that in the first phase of development did not only consist of a large format retail store.  This issue is of concern to staff as well in order to ensure the beginning of the transformation of Baseline Road and Clyde Avenue into a mixed-use pedestrian friendly environment.  As such a requirement for the commencement of construction for the buildings along Baseline Road and Clyde Avenue has been recommended by staff.

 

3.         Concerns were raised with respect to the loss of parkland in the area.

Response:

 

It is recognized that through the former use of the site as a school, there were associated playing fields that were used by the community outside of school activities. The property did not contain a park that was operated or maintained by the City but regardless, it is understood the open space was utilized. 

 

Through an application for change in zoning parkland dedication is not an issue normally considered, and is typically dealt with through an application for Site Plan Control.  The option of cash-in-lieu of parkland or the provision of parkland has yet to be determined.

 

COUNCILLOR’S COMMENTS

Councillors McRae and Chiarelli are aware of the application.

 

COMMUNITY ORGANIZATION COMMENTS

 

Central Park Community Association

 

Ottawa’s Central Park is a vibrant urban development.  Residents of Central Park have chosen to live in this area for a variety of reasons. What most of us have in common is a desire to create a real feeling of community for our families, and with our neighbours.

 

To the south of Central Park lies a triangle of land that is bounded by Merivale, Clyde and Baseline roads.  This land currently has a number of commercial/mixed use buildings on it, as well as vacant, open areas.  It is slated for significant future development. What this triangle of land has the potential TO BE is an exciting Town Center that serves our community as well as surrounding communities; City View, Carlington, Fisher Heights, and Copeland Park. An urban piazza, this Town Center could be the “downtown” heart of the surrounding communities, providing employment opportunities, urban living spaces, commercial development etc; a place for the people in our communities to come together.

 

Smart Centers, a Canadian development company, has submitted a re-zoning application for the former Laurentian High School site which would see the zoning on the property go from “Institutional” to “Mixed Commercial”.  This re-zoning application presents a golden opportunity to begin realizing that vision of an urban Town Center.

 

The Ottawa Central Park Community Association Board supports IN PRINCIPLE the proposed re-zoning of the property AS LONG AS the development, when complete, provides services and infrastructure for use by residents of Central Park that is responsive to the expressed concerns of the community, and reflects the values of the community.

 

Any development on the former Laurentian site needs to be people friendly, reflecting the fact that the development is situated within an urban area.  This development should:

 

·        Be a “true” mixed use development – that provides a variety of commercial spaces that cater to medium and small retailers/local businesses/office spaces/residential living spaces as well as larger retailers.

 

·        Be an integral part of the Town Center – with a “Main Street” like access to street level storefronts, providing opportunities for local businesses and employment for people in the community, as well as residential living options. 

 

·        Be pedestrian friendly – within the development itself, with wider walkways, outdoor café areas, green shrubbery, and an imaginative parking plan that reduces the walking distances between businesses.  

 

·        Be a connection for the residents of Central Park – to Baseline Road, and the developing Town Center.  The existing pathway from Scout to Baseline should be enhanced, becoming a seamlessly integrated  component of the development, with storefront accessibility along the walkway.  There should be an adjacent bicycle path.

 

·                    Be conscious and respectful of visual design aesthetics – have streetscapes that complements the surrounding area, to include:

 

o       Parking that is integrated into the development, rather than standing out as a main “feature”

o       Planting of mature trees at least 10 feet in the height in all areas including the berm area between the development and the houses on Scout Street.

o       Exterior wall of buildings facing Central Park be ivy covered

 

·        Be green – reflect green building concepts; care in choice of materials, energy efficiency, solar power and/or thermal heating, sound suppression for roof fans, design elements to minimize sound pollution to the Central Park community, measures to prevent garbage flow & smells to the surrounding community.

 

·        Be secure – all lanes and access corridors are secured in such a way as to discourage criminal activity, and unprotected access to homes backing on the development, including motion detecting lighting, planting of thorny bushes, i.e. roses, along the outside of the residential fencing, at the same time controlling light pollution to the surrounding community.                                                             

 

Response:

 

The staff recommendation responds to the comments raised by the Community Association and specific details noted will be addressed through the site plan approval process.

 

Copeland Park Community Alliance

The Copeland Park Community Association forwarded comments on several occasions through the process.  The following highlights the comments received.

·        Concerned with traffic issues such as; Baseline and Clyde intersections being at full capacity, they would like a traffic study during the year when traffic levels are at their peak, and they do not want an access off Clyde Avenue.

·        Want a road widening along Clyde to align with road widening at 153 Scout Street to rework Clyde from Maitland to Baseline with two lanes southbound straight through, 2 southbound left turning lanes onto Baseline East, 2 lanes northbound from Baseline, to alleviate traffic backup on Maitland Avenue.

·        Want assurance that there will be safe and expeditious access to and from the condominiums at Baseline and Clyde.  Specifically the break in the median on Baseline, which provides the only entrance from the west, and the only two-way exit from the buildings, should be retained.

·        Already cut-through  traffic through the community along Erindale Avenue.

·        Concerned with trucks entering and exiting development lands and that Maitland Avenue will become a truck route.

·        Want traffic improvements before the development opens.

·        Must have adequate parking so people don’t park on local streets.  Do not want City to accept cash-in-lieu of parking.

·        Do not want a reduction in parking to be based on unapproved, and unfunded suggestions of a rapid transit plan for Baseline Road.

·        Want a Community Design Plan to reduce impact on the area especially regarding traffic concerns.

·        Want to ensure steps are taken to ensure bright lights; excessive noise and cooking smells do not affect neighbouring homes.

·        Concerned about increase in crime.

·        Concerned with damage to homes from blasting that will be required for the development.

·        Want development to serve as a social hub within the community.

·        Extremely opposed to cash in-lieu of greenspace – want greenspace created on the property.

·        Want assurance that the holding zone will not be released and the site plan approved until and unless the site plan makes room on the subject land for any modifications that may be required on the subject land in order to accommodate traffic remediation required as a result of this specific development and the cumulative effect of this specific development and additional third party development in the immediate vicinity.

·        Concerned with phasing of development leading to a prolonged period in which the only retail outlet would be the big box store.  Want perimeter buildings, as required by the Arterial Mainstreet policies and zoning must to be completed as Phase 1 of the development

Response:

The Copeland park community association’s comments are very extensive covering many points.  The key issues focused on traffic matters related to the Baseline/Clyde intersection and cut through traffic within the community. As part of the rezoning the applicant was required to prepare a traffic impact study to assess the impact of their development on the area road system and area intersections.  This study has identified improvements that will improve conditions to allow the development to proceed within worsening existing conditions.  The applicant also undertook an OD Survey Study to assess the cut through traffic issues within the community. An implementation strategy will be required to respond to the recommendations of the O-D study prior to the holding provision being lifted.

Other issues raised by Copeland park deal with site plan matters.  The staff recommendation and in particular the requirement that site plan approval be obtained prior to the recommended holding provisions being lifted will allow these matters to be addressed more fully prior to the any development occurring. 

Carlington Community Association

 

Supports the Copeland Park Neighbourhood's request for a Community Design Plan for the immediate area to solve some of the potential problems such as increased traffic that will be associated with such a proposed development.

Response:

 

The matter of initiating a Community design Plan process was the subject of discussions early in the process prior to the submission of the formal application for rezoning and was not supported by staff and was not pursued.  With the submission of a rezoning application, there is a legal obligation on the part of the City to process the application and to have a decision rendered. 

 


ZONING - 1357 BASELINE ROAD

ZONAGE - 1357, CHEMIN BASELINE

ACS2009-ICS-PGM-0131                                                              river/rivière (16)

 

(This application is subject to Bill 51)

 

The following correspondence was received as is held on file with the City Clerk:

§         Email dated September 14, 2009 from L. Allan, President of the Ottawa Central Park Community Association

§         Letter dated September 16, 2009 from L. Phillips, on behalf of SmartCentres Ltd.

§         Email dated September 17, 2009 from D. Patten

§         Letter dated September 17, 2009 from K. Ross, on behalf of RioCan Real Estate Investment Trust

§         Email dated September 21 from E. Bromfield

§         Email dated September 21, 2009 from G. Hum

§         Comment Sheet dated September 22, 2009 from J. Doran

§         Series of letters submitted in hardcopy by the Copeland Park Community Alliance in support of its position

 

Simon Deiaco, Planner II, provided a PowerPoint presentation, outlining the departmental position on the application, which is held on file with the City Clerk.  John Smit, Manager of Urban Development Review, accompanied him.  Mr. Smit summarized that this application was the subject of a very extensive review and dialogue with various stakeholders.  He said that the Official Plan clearly sets out very strong directions and policies that are focused on transforming arterial mainstreets that evolved as vehicular corridors with a highway commercial focus.  He pointed out that the intent is for these corridors to become much more pedestrian focused to accommodate more intense mixed-use development.  They are key corridors for high frequency and specialized transit service.  This site and many sites along arterial mainstreets are very large and exhibit tremendous potential to advance and achieve the Official Plan objectives.  The constraints of this particular site are fully recognized, including traffic.  In this instance, there are improvements that can be made that will build capacity to allow development to occur on this property to begin the transformation of Baseline Road.

 

In response to questions, Mr. Smit provided the following points of clarification:

o       The site access issues with Scouts Canada, which owns the property adjacent to the east have been resolved.  A shared access will be provided and operational issues, including illegal use of existing parking, have been addressed through negotiations.

o       In regard to the Baseline/Clyde intersection, signalization changes were implemented and did improve the operation as related to collisions.  The physical changes that were previously contemplated included the introduction of a double left-turn in both north and south bound directions, which now have been identified as required modifications to build additional capacity at that intersection. 

o       The Baseline/Clyde intersection during the a.m. and Saturday peak operates at level of service D.  In the p.m. peak, it is operating at failure.  .  While the intersection is not failing from an overall perspective, it is close to capacity.

o       The traffic study commissioned in support of the application was reviewed and accepted by staff.  It shows that at the a.m. peak, post development with the roadway modifications and 18 per cent transit modal share, the level of service would continue to be D.  During the p.m. peak, the level of service will continue to remain at F.  In the Saturday peak, there is a very slight improvement again, within a D level of service.

o       The anticipated modal share of 18 per cent can be achieved.  The development will serve the residential community and the office employment mode at Merivale/Clyde, where some of those users will be using transit.  The assumption is considered to be fair.

o       If the intersection modifications were built today, the a.m. peak would improve to a C level of service.  In the p.m. peak, the level of service would go from F to D.  On Saturday, it would also improve from D to C.

o       The roadway modifications provide additional capacity that will be taken up by the new development.  The modifications allow this project to in effect maintain the status quo with regard to level of service.

o       It is important to have street edge buildings to define and create that pedestrian realm along the street edge.  Requirements with respect to setbacks recognize that Baseline and other arterial roads are wide vehicle corridors.  The set backs provide for enough room between the curb edge and the building face to allow for the transformation of these areas with various amenities, landscaping and opportunities for seating. 

o       The Arterial Mainstreet designation along Baseline Road extends from Merivale Road to Clyde Avenue, both on the north and south sides.  With the fullness of time, the expectation would be that both sides of the street would evolve along these lines.

o       Future development is market driven.  As the site was purchased for a fairly high price, there is pressure for the owner to see development occur in order to maximize development potential.  Through the holding provision and various requirements stipulated in the recommendations, the City is setting a framework that will provide for the continued evolution of the property.  Through the Site Plan Control process, there are opportunities to introduce further conditions that are focused on the continued development of the street-edge buildings that are not part of the first phase of development.  Requirements to proceed with the second phase will be included as conditions of approval of the first site plan.

o       Two street edge buildings are required as part of the first phase in association with the development of the large format store.  To guarantee such, Brownfields funding is withheld until those two buildings are completed; however, there is no requirement in terms of minimum size for these two buildings and which of the six should be constructed first.  At this point in time, the two buildings to the east would be constructed.  There have been attempts to market and secure tenants, but the zoning will assist in this regard.

o       In a suburban condition, the large format store is the first to be built in many instances.  Within three to five years the street-edge buildings follow.

o       The standard approach to traffic studies is to factor in background traffic growth based on historical trends.  A site plan application has not been submitted for the adjacent triangle lands, which are zoned Arterial Mainstreet.  It is difficult to require an applicant to foresee what might happen on someone else’s property.  When the adjacent site is constructed, the proponent will be required through the approval process to submit all of the required studies.

o       A conflict does exist between the Official Plan and the Transportation Master Plan, which sets thresholds for level of service outside the downtown.  The policy directions try to encourage and support more intensive use on lands along key corridors.  This broader policy discussion will be looked at as part of the initiative on achieving the intensification goals of the Official Plan.

o       Staff has no objection to requiring a community meeting to deal with the site plan before the holding provision is lifted. 

o       The two buildings on Baseline Road are planned to be one-storey.  Staff felt it was important that these buildings have the effective height of a two-storey building.  A minimum height limit of seven metres was established, allowing heights to increase up to 15 storeys internal to the property on the south half.  At this point in time, the base zoning is in place to ensure issues, such as profile on the street edge and mixed-use, are addressed.  In addition, parking will be internal to the property. 

o       Residential uses are allowed within the zone without obligating them.  In this instance, it is more important to get the framework in place to make sure the site evolves in a way that achieves intensification.  The real emphasis was on ensuring active retail presence at grade.

o       It is possible that no residential uses are introduced on this site.  The zone is fairly general and would normally allow for a range of uses and buildings; however, site-specific exceptions are being applied in this case to limit one large format store.

o       As part of the site plan, there are requirements for extensive berming and landscaping along the edges, including a well defined landscaped pedestrian connection from the Central Park community to Baseline Road.  Staff are limiting the amount of surface parking that can occur on this project.

o       A stormwater study is a standard requirement of Site Plan Control.

o       Discussions with the proponent, stakeholders, community representatives and councillors began approximately one year prior to the submission of a formal zoning application in September 2008.  Such lengthy pre-consultation is not a very common occurrence, which typical runs three to four months.  Because of the extensive on-going dialogue post-submission, it took longer to review the file and bring a report forward.

o       The zoning recommendation identifies a number of items that will need to be addressed through the site plan to lift the holding provision; moreover, site plan approval is not automatic.

o       Traffic and transportation issues would be dealt with in detail through site plan approval.  Agreements will be entered into with respect to improvements to the Baseline/Merivale intersection, which is offsite.  The proponent will also be required to work with staff in developing an implementation strategy to address cut-through traffic concerns.

o       The site is contaminated and an application has been made for brownfields funding, which will be held until two street edge buildings are built within five years of the commencement of the construction of the large format store.  The brownfields funding is in excess of $3 million.

o       The completed traffic study identified trip generation associated with the development, resulting in 750 vehicles in the a.m. peak, 1300 vehicles in the p.m. peak, and 1500 vehicles per hour in the Saturday peak.  The quoted number of 30,000 additional vehicles is not accurate.

o       Only one large format store is permitted as per the zoning amendment.  A site pan showing five or six would not meet the rules of the new zoning and a new application would be required.  Building permits would not be issued for more than one large format store.

o       The intent is to provide a comfortable, animated and humane pedestrian environment with sufficient area between street edge and building face.  This represents an attempt to evolve arterial mainstreets from vehicle corridors to pedestrian-focused environments.

o       A nine-metre setback is required on the north property line abutting Central Park.  That nine-metre corridor will be required to be extensively landscaped and bermed with minimum 10-centimetre caliper trees.  Vehicular traffic will not be permitted or entertained behind building A, as showed on the concept plan.

o       The traffic study dated April 2009 was prepared in accordance with Council-approved traffic impact study design guidelines.  It looks at existing conditions in the context of the proposed development to determine traffic generation.  It assigns traffic to the network, assessing its impacts with regard to level of service at intersections. 

o       The site is included within River Ward with College Ward to the immediate west and Knoxdale-Merivale Ward to the southeast.

 

Tim Marc, Senior Legal Counsel, indicated that the holding provision specifies the permitted uses for the lands covered by the second site plan.  The only thing permitted on those lands in the interim is landscaping; therefore, the proponent would not be receiving any revenue from those lands.

 

Chair Hume noted that two years ago the McGuinty Government amended Section 34 of the Planning Act to provide specific authority to municipalities to provide zoning by-laws with conditions; however, such power was contingent upon the enactment of a regulation that would outline the prescribed conditions that could be applied.  He noted that the Minister of Municipal Affairs and Housing resides in Ottawa and should provide a sympathetic hearing to allow the regulation to be enacted.  He added that a draft set of regulations was posted.

 

Mr. Marc confirmed that the regulation has not been proclaimed and the municipality cannot exercise the new authority.  He confirmed only the City of Toronto can exercise conditional zoning as set out in the City of Toronto Act.

 

Mr. Marc and John Moser, General Manager of Planning and Growth Management agreed to a direction to review and suggest conditions that could be applied under Section 34, in order to push for the regulation to be enacted.  Mr. Moser commented that such a direction fits with work being done to implement the intensification strategy.

 

Following questions, the Committee received public delegations.

 

Liz Allan, President, Ottawa Central Park Community Association (OCPCA), said that the staff report is a result of a long process of discussion.  She noted that the holding provision contained within the staff report addresses the concerns raised by residents of Central Park.  First and foremost, Central Park is a vibrant urban community, where residents have chosen to live to create a real sense of community.  She suggested it is of utmost importance that any development of the site be one that is an integral part of the community, providing services and infrastructure to abutting residents.  Ms. Allan indicated that the development must be truly mixed-use with a variety of commercial spaces.  She expressed that the development needs to be pedestrian-friendly.  She stated that a number of residents of Central Park chose to live in an urban community, and a number of them do not own cars.  The development needs to be easily accessible by walking within the site.  OCPCA envisions a development that can provide a real town centre for the community of Central Park with outdoor cafes, green shrubbery and an imagined parking plan that reduces the walking distances between businesses.  A pedestrian access to Baseline Road is vital and the existing pathway from Scout to Baseline should be enhanced, becoming a seamless and integrated component of the development, preferably with storefront accessibility along the walkway.  Ms. Allan proposed that the development be conscious and respectful of visual design aesthetics, with streetscapes that complement the surrounding areas. She recognized that urban development is a complex issue and that there are a variety of views and perspectives that need to be considered in the process.  It is about reaching a solution that all parties can be comfortable and move forward with.

 

Councillor Doucet reiterated points made by Councillor Holmes in earlier questioning with regard to the lack of green roofs and residential uses. 

 

Ms. Allan responded that a great deal of progress has been achieved since discussions commenced two years ago.  Some of the original proposals called for three to four big box stores, which was something that the residents of Central Park were vehemently opposed to.  The OCPCA held a number of discussions within the association on the holding provision and is comfortable that many of the concerns have been addressed through the planning process.  She said that the OCPCA would be vigilant through the site plan process to ensure commitments are followed.

 

Councillor McRae thanked the delegation for her attendance and presentation.  In response to questions, Ms. Allan said that the OCPCA has been consulted and provided an opportunity to voice concerns early on.  Numerous meetings occurred with SmartCentres, the Ward Councillor and the Planning and Growth Management Department.  She stated that concerns have been listened to and were addressed.  Ms. Allan voiced that traffic has been a long-standing issue and will not go away, as traffic issues are part of living in a large urban area.  Internal traffic issues to Central Park will not go away with the improvements to either of the two intersections.  The OCPCA continues to work with Councillor McRae and the City to address some of those concerns.

 

At the request of Councillor McRae, Mr. Smit confirmed that the subject site is entirely found within River Ward.

 

Michael Polowin, Gowlings, represented Scouts Canada, whose national headquarters is located immediately to the east of the subject property.  Mr. Pollowin said that his client had some distinct concerns regarding site-planning issues.  From the outset, Scouts Canada has no concerns from a use basis, suggesting that the proposed zoning conforms completely to the Official Plan.  Concerns related to garbage and loading, as well as parking will be addressed through site plan.  The proposal for a shared signalized access off of Baseline Road had the potential to accentuate those problems.  An agreement in principle has been reached as a result of extensive negotiations with SmartCentres.  Formal agreements will be negotiated before Council considers this matter.  On the premise of these agreements, Scouts Canada is ready to support the project as proposed.

 

As a result of questions from Councillor McRae, Mr. Pollowin confirmed his client supports the application as presented based on the agreement in principle between both parties that will soon be ratified. 

 

Bert Rupert explained the content of his handouts that are held on file with the City Clerk.  Mr. Rupert’s main points pertained to the following:

·        The road widening on the east side of Clyde Avenue at the Maitland/Clyde split, established in 2002 during the subdivision approval process for Ashcroft Homes, foresaw the possible development at 1357 Baseline Road.

·        The residents of Copeland Park were not aware of the widening until Ashcroft moved ahead in constructing the rowhouse condominium at Jenscott Private.  The widening only became evident in late 2008 when the builder erected the fence posts along the western limit of the condominium.

·        As City staff contemplated the widening, one concludes it must be brought to fruition by extending the widening south to the northern limit of the Baseline Road allowance.  This could be done through the Site Plan Control Agreement along with the holding provisions under items f, g and h.

·        The attempt is to gain two complete left turn lanes for the southbound traffic on Clyde Avenue to turn east on Baseline Road.  These two lanes would commence as close to the Maitland Avenue bend as possible.  Such a configuration could be ironed out between City engineers and SmartCentres consultants.

·        When one looks closely at the strip mall in the northwest quadrant of the Baseline/Clyde intersection, a road widening was established by the City along the entire front of the property facing Clyde Avenue; therefore, it makes sense to do the same on the east side.

·        Mr. Rupert is opposed to the right-in/right-out off Clyde Avenue northbound; however, if it is absolutely necessary for emergency vehicles to have access to the development from Clyde Avenue (as a right-in only) then safety trumps any concerns regarding congestion.

·        The Baseline/Clyde intersection will be a failed one long after this development is completed and will come under additional pressure when possible development occurs in the Merivale/Baseline/Clyde triangle.  The opportunity is now to mitigate back-ups down Maitland Avenue, no matter what gets built. 

 

Replying to questions from Councillor Chiarelli, Mr. Rupert confirmed his safety concerns with the proposed Clyde Avenue entrance.  Mr. Smit explained that the level of detailed presented by Mr. Rupert would be considered as part of the site plan process.  Staff is satisfied, as it relates to the access point to the site from Clyde Avenue, that there is sufficient separation between the Baseline/Clyde intersection and where Clyde Avenue turns into Maitland Avenue to appropriately accommodate the movements that would happen within that stretch.

 

Michael Wildman, Manager of Suburban Development Review, advised that the level of review that was completed in support of the zoning application was in accordance with community transportation studies, which do not look at the finite details that would evolve as part of the site plan.  Replying to a further question from Councillor Chiarelli, Mr. Wildman stated that if something changes and either operational or safety concerns are noted as part of the site plan, then the access would be reviewed to determine its appropriateness and if modifications are required.

 

Kathy Yacht, President of the Copeland Park Community Alliance (CPCA), tabled a series of original letters supporting the position of the CPCA, and read from written comments (all of which are held on file with the City Clerk).  These were her main comments:

·        Copeland Park is comprised of over 2200 residents that live immediately adjacent to the proposed development.  It is a quiet community, with a quality of life much enjoyed by its residents, including many seniors, most of who have lived there for many years.  These residents look to the City to keep them safe and preserve the quality of life that the community affords.

·        A survey conducted in 2007 showed that the overwhelming concern of residents pertained to additional traffic to be caused by this development. 

·        Although the entire property is contained within River Ward, the entire western property line borders on College Ward and the entire southern property line borders Knoxdale-Merivale.  This proposed rezoning will impact several residential communities, but none more than Copeland Park.

·        The Baseline/Clyde intersection sees much congestion and additional traffic will impact neighbouring streets.

·        If the zoning application is approved and because of the impacts on Copeland Park, Councillor Chiarelli should also be involved during the Site Plan Control phase.

·        The CPCA has been in place for over 20 years and has a record of acting responsibly with many positive contributions to City initiatives, including the Official Plan.  Notably, the CPCA argued successfully before the Ontario Municipal Board (OMB) on two occasions.

·        The CPCA has been actively involved with this issue since 2007.  Several meetings have occurred with the membership, Councillors and City staff.  Regretfully, a meeting could not be arranged with the Vice-President of Development for SmartCentres; however, a meeting did occur with Brendan McGuinty to review the concept plan.

·        A detailed submission, including a Position Paper, was submitted to staff but it was not included in the staff report.

 

Hi Carswell and Brad White, reading from written comments (held on file with the City Clerk), outlined the following arguments:

·        The CPCA is opposed to this proposal, because of traffic, specifically the unsatisfactory operation of the Baseline/Clyde intersection and the proposed access onto Clyde Avenue.

·        The intersection is not acceptable now by the City’s own standards and is classified as “failed” in all four directions.  If the proposal is approved, the performance of the Baseline/Clyde intersection will be worse.

·        The completely unsatisfactory operation of the Baseline/Clyde intersection will have a major and adverse impact on area traffic, including neighbouring streets, with back up, cut through, and access issues.

·        The origin/destination survey was conducted after the end of term for Algonquin College students, who contribute significantly to traffic congestion and cut-through traffic.  In addition, Algonquin College is undergoing a major expansion.

·        Despite this omission, the study reports that cut-through traffic is bad now and will increase with the proposed development.

·        Unlike many areas in the city, there is a noon peak traffic period at Baseline/Clyde that is very significant, surpassing the morning peak in severity, close to matching the afternoon peak.

·        During the 2001 OMB hearing related to the Maitland/Clyde intersection, Ron Jack, a respected traffic engineer, testified that one the greatest scourges that afflict communities is cut-through traffic.  The time to address cut-through traffic is at the design stage, because once it is occurring, efforts to prevent it have largely proved ineffective.  Approval of the proposal will, by design, add more congestion at Baseline/Clyde and more cut-through traffic in Copeland Park.

·        Baseline/Clyde/Maitland is a key intersection for the entire area and provides access to the Queensway.  The intersection is the gateway to the huge shopping complex to the south and business will undoubtedly suffer as the intersection starts out as “failed”.

·        Baseline Road is an arterial roadway vital to the area’s transportation, including bus traffic.  Failure of this intersection will have a major and adverse effect for the whole area.  The staff report clearly states that improvements realized by intersection modifications would immediately be lost once the development is completed.

·        The proposal is not in accordance with good planning principles.  Section 3.6.1 of the Official Plan states that “the City will ensure that anticipated impacts can be adequately mitigated or otherwise mitigated.”  The plan directs developments that create traffic and draw from broader areas to locations along the rapid transit system or an arterial or major collector road with sufficient capacity to accommodate the traffic generated.

·        There is no rapid transit system on Baseline Road and one will not occur for at least 15 to 20 years.

·        The performance of the Baseline/Clyde intersection will continue to get worse with development at the Merivale triangle.

·        The developer paid too much for the property.  Other potential buyers held discussions with staff as to the scope of development that would be considered suitable for this location.  The emphasis now seems to be on ensuring SmartCentres makes a return on investment, no matter what it does to the intersection and the community.

·        The proposed development is just too big and the presence of a big box store will draw traffic from broader areas and produce too much traffic.  The total development must conform to the Official Plan.

 

Replying to questions from Councillor McRae, Mr. Smit advised that the Transportation Master Plan identifies a supplementary transit corridor, involving a dedicated bus lane on Baseline Road, in the medium-term between 2016 and 2022.

 

Councillor Monette touched on Mr. Carswell’s assertion that Algonquin College was not included in the traffic study.  Mr. Wildman indicated that there are two studies that were completed, the community transportation study and origin/destination survey.  The delegation was referring to the former that looked at cut-through traffic.  Mr. Wildman confirmed that the origin/destination survey was not completed when Algonquin College was in session.  That is why the implementation strategy has yet to be approved by staff, which will be looking to supplement the counts and surveys to ensure a complete picture.

 

Mr. Carswell reiterated that the origin/destination survey was not completed at a time when Algonquin College was in session.  The report indicates that cut-through traffic on Erindale Drive is already above the generally accepted standards.  This will be worsened when Algonquin College traffic is considered, as it is a significant contributor to cut-through traffic.

 

Annie Hall registered to speak in opposition but had to leave.

 

Ken Linseman, a professional transportation engineer with a Masters Degree in Transportation Engineering from Queen’s University and an Honours Graduate in Civil Engineering from the University of Toronto, touched on his over 50 years experience in transportation engineering and road design.  He has served as a successful expert witness at over 50 OMB hearings.  Retained by the CPCA in November 2008, Mr. Linseman conducted a peer review of the Traffic Impact Study completed by IBI on behalf of Smart Centres.  He stated the following three concerns with regard to the study:

1.      The revised IBI study (April 2009) assumed a one per cent annual background traffic growth and assumed there would not be any redevelopment of the underdeveloped adjacent lands or any new development within the study area prior to study horizon year of 2017. However, Osmington recently purchased about 14 acres in the Merivale triangle and retained FoTenn Consulting Planners to prepare redevelopment plans for Osmington’s portion of the triangle lands.  Since the site is already zoned Arterial Mainstreet, the City of Ottawa has little control over the commercial site other than Site Plan Control.  The site has a potential to generate an additional 14,000 daily vehicular trips, in addition to those already forecasted for the SmartCentres development.  Even with the proposed intersection remediation, the addition of the 28,000 daily car trips will cause gridlock and cause shortcutting throughout the residential neighbourhood.  The City of Ottawa should not plan piecemeal, as it is obvious that a comprehensive planning study should be conducted before considering this rezoning.

2.      There is insufficient distance on Baseline Road, between Clyde Avenue and the signalized site entrance, to provide properly designed back-to-back left turn lanes.  SmartCentres should install a dual eastbound left turn lane at the signalized entrance.

3.      The proposed access on Clyde Avenue, a residential frontage arterial, is very undesirable and unnecessary.  Even though the intersection at Baseline/Clyde fails even with the remediation, the intersection will not operate any worse with the recommended closing of the undesirable proposed site access on Clyde Avenue.

 

Penny Mayo addressed concerns with the right-in/right-out access from the development onto Clyde Avenue.  Ms. Mayo recalled that in 2001, the CPCA opposed at the OMB a proposal to provide access from Central Park onto Clyde Avenue at the Maitland/Clyde intersection.  The three concerns stated then (safety, congestion and cut-through traffic) apply here.  She reiterated testimony given at the OMB by John Smit and John Fraser supporting CPCA’s position.  Mr. Fraser predicted a severe negative impact resulting in cut-through traffic, while Mr. Smit stated that the proposed access might not conform to the spirit of the Official Plan, which stated that the road network is designed to move people and must protect existing stable residential communities.  On the basis of this evidence, the OMB did not permit access onto Clyde Avenue.

 

Ms. Mayo contended that while the current proposal is different, the concerns are exactly the same.  It will bring additional traffic on Maitland Avenue, which remains a residential street with one school, a crossing guard, as well as a dangerous corner complete with steel guard rails and a flashing light.  The staff report has confirmed that cut-through traffic will occur, and will increase on Erindale Drive, although the level there is now already above general level of acceptability.  In addition, she noted that a new hazard would be introduced.  Drivers turning right from Baseline Road to Clyde Avenue, who want to proceed north to Maitland Avenue, would be forced to criss-cross lanes, while accelerating, only to find themselves hitting a wall of decelerating drivers coming from the south seeking to move into the right lane to enter the SmartCentres site.

 

In summary, the delegation voiced opposition to the proposal because the access onto Clyde Avenue would increase traffic, hazards and cut-through traffic.  In addition, it would not conform to the spirit of the Official Plan of ensuring the protection of stable residential communities.  She suggested that the need for an access onto Clyde Avenue arises because the proposed big box development is too large, resulting in traffic from other areas.

 

Marjorie Shaver-Jones spoke of the conflicting policy directions made clear in the staff report.  While ensuring that transportation corridors function effectively in the face of ever-increased traffic, the City must encourage densification, and ensure environmental responsibility by all parties.  She emphasized that the City must also meet the needs of a broadly diverse population.  Ms. Shaver-Jones pointed out that Copeland Park has the second largest population of senior citizens in the city, suggesting the proposed development will present these individuals with some real challenges.  Although one of the developer’s stated goals is to create a pedestrian-friendly environment, the result will be the inverse for seniors, when increased traffic necessitates shorter intervals for traffic lights and creates wider streets with the addition of extra lanes.

 

Ms. Shaver-Jones advised that the Copeland Park community is not opposed to development of the site, provided that it is a mixed-use development, scaled appropriately to the site and the surrounding communities.  She said the proposed big box store is too large at 150,000 square feet, and is clearly meant to attract customers from a wide area, to an intersection, which cannot possibly handle the volume.  She recalled that the original plan illustrated six lovely, pedestrian-friendly one, two and three-storey buildings all along both Clyde Avenue and Baseline Road.  The perimeter buildings would screen the view of the parking lot and the right combination of businesses could create a venue with potential as a meeting place and social hub.  She emphasized that the Arterial Mainstreet designation requires perimeter buildings, but staff only require two to be built within five years, without specifying the size or the percentage of street frontage they must occupy.  Ms. Shaver-Jones urged that at least five of the six buildings be constructed on Baseline Road and Clyde Avenue as part of the first phase, noting that withholding brownfields funding is not adequate.  She questioned if the 0.74 hectares reserved in the northwest corner for five years for future residential or office development would be extended.

 

Ms. Shaver-Jones also shared the concerns of the three near-by condominium corporations, mainly with respect to traffic.  She explained that a barrier was installed in the early 1990s to prevent cut-though traffic off Clyde Avenue, westbound to Baseline Road.  It also prevents residents from entering the area via Clyde Avenue.  Due to increased traffic, the single entrance on Baseline Road is difficult to exit eastbound, due to the quantity of backed up cars at the intersection.  Current traffic problems must be fixed with assurances that future development on any of the surrounding sites will not make the situation worse.  The delegation also touched on environmental costs association with noxious exhaust of vehicles. 

 

In conclusion, Ms. Shaver-Jones urged that the big box store be eliminated from the proposal and substituted with the mixed-use functions required by the Official Plan, which will help level out traffic problems.  She questioned with all the tools available to City staff to control inappropriate development, what or who is responsible for an incomprehensible reluctance to use those tools.

 

Pat Mulvihill focused her comments on loss of greenspace, despite SmartCentres intention to incorporate more into the development than is required by City policies.  She noted that some of the existing greenspace would be lost as a result of the development, noting approximately eight acres were previously used as sports fields.  Until a decade or so ago, the entire space now occupied by Central Park was open and enjoyed by the public, encompassing over 150 acres of experimental farm property.  She questioned where the greenspace has gone, smothered by asphalt and concrete.  The CPCA noted that the loss of leisure space over time would require the City to be dependent more and more on private lands to achieve its own recreational targets.  Ms. Mulvihill added that the limitations of the Baseline/Clyde intersection require that the development be altered to reduce traffic generation.  She asked that greenspace and recreational facilities on the site be maintained as much as possible.

 

Councillor Holmes pointed out that school boards are obligated by the Province to sell former schools at market value; therefore, the City is unable to purchase the land for one dollar.

 

Mr. Smit reported that the applicant is required to provide two per cent of the land or corresponding value as required under by the Planning Act and Parkland Dedication By-law.  It is believed that cash-in-lieu of parkland will be paid in this regard. 

 

John Loome, a resident of Copeland Park, spoke of his concern with the staff report, which he characterized as deceitful.  He questioned references to the Official Plan, Transportation Master Plan, and Arterial Mainstreet zone.  He suggested that none of the discussion actually says anything at all, and questioned the usefulness of the Arterial Mainstreet concept.  He noted that arterial roads are bypasses that take the high traffic load.  He never heard of a proper six-lane mainstreet with as many intersections.  Mr. Loome said that the area is not pedestrian-friendly.  With regard to intensification, he said the site would be used for shopping, as the proposal rests on the addition of a big box store.  He suggested that a major traffic circle might be the optimal solution for the Baseline/Clyde/Merivale area.  He remarked that parking should be accommodated underground.

 

Peter Runia applauded SmartCentres for coming up with a fairly interesting and smart development proposal.  The proposal works with the peripheral buildings along Clyde Avenue and Baseline Road.  He said that the report does not fully pick up on some of the key consultation issues.  Mr. Runia urged that an ironclad guarantee with significant bond should be included to ensure the entire complex is built at one time.  He questioned whether or not the site was contaminated.  He also urged than no more signalization be added to Baseline Road, suggesting traffic should access the site underground.  With respect to greenspace, he said that the amount is disappointing and only slightly better than nearby College Square.  He suggested parkettes be added, as can be found in the United States. 

 

Councillor McRae requested a list of concerns from the delegation that she can pursue with Councillor Chiarelli as part of the site plan process.  She also commented that cash securities have been utilized in the past for projects in River Ward.

 

Responding to questions from Councillor McRae, Mr. Smit confirmed securities would be required related to the necessary infrastructure, all landscaping and finishing elements, and offsite improvements.  The purpose behind those securities is to allow the City, if there is a failure to meet the obligations, to do the work.

 

Further to questions from Chair Hume, Mr. Smit reiterated that brownfields funding is being withheld until such time as the proponent completed at least two of the street edge buildings within five years of the commencement of construction of the large format store.

 

Joseph Phelan, Planner III, Environmental Sustainability Branch, confirmed that the brownfields funding would total $3.44 million.  He also confirmed that the applicant would be required to clean up the site.

 

Councillor McRae reminded that this type of arrangement, involving withholding brownfields money, has never been done before and will ensure commitments are kept.

 

Kristi Ross, on behalf of RioCan Real Estate Investment Trust, provided a PowerPoint presentation, which is held on file with the City Clerk.  Ms. Ross advised that RioCan’s primary concern with the proposed redevelopment relates to the Lincoln Fields site, which it owns and operates.  Lincoln Fields is located five kilometers from the proposed site and Wal-Mart is the anchor tenant, occupying approximately 40 per cent of the total space, as well as 80 per cent of the lower level of the mall.  The proposal for SmartCentres is a two-phased approach along with two site plans.  Ms. Ross expressed several concerns with respect to the potential loss of the anchor tenant at Lincoln Fields.  It is expected that the large format retail that is proposed at the subject site will indeed be a Wal-Mart.  There is a concern that both Wal-Mart stores will not be able to survive due to their proximity.  RioCan is currently in negotiation with Wal-Mart to see if some agreement can be worked out.  In the absence of such an agreement, Ms. Ross suggested the loss of Wal-Mart at Lincoln Fields could result in urban blight, economic employment losses at Lincoln Fields, and potentially the loss of Lincoln Fields altogether.  Such a result would not be consistent with the Provincial Policy Statement (PPS), nor Ottawa’s Official Plan policy, in that there is a need to ensure that new development supports and maintains the long-term financial well being of municipalities.  Some concerns also exist with regard to the phasing.  As a result, RioCan requested two possible amendments to the rezoning. 

 

First, Ms. Ross requested that the rezoning application only be approved on the condition that no large format store be permitted for a period of six years. This would enable RioCan to work out tenancy issues and find an alternative for Lincoln Fields within a reasonable planning horizon.  Second, the proposed phasing could be changed in order that the street-oriented retail and mixed-use development along Clyde Avenue and Baseline Road is built first or at the same time as the large format development.  She submitted that such a phasing approach would conform to the Official Plan, address some of the concerns of the nearby residents, and enable RioCan to have a suitable time frame to ensure the long-term viability and stability of the mall at Lincoln Fields.

 

Councillor Hume questioned if Ms. Ross was suggesting the phasing be changed to prevent a specific tenant from locating on the subject site.  He noted it is a very slippery slope to apply restrictions based on which firm can locate on site versus proper land use planning.  In response, Ms. Ross reiterated her earlier comments with regard to viability.  She conceded that one cannot control where a tenant locates, but a six-year window would help ensure both this proposal and the existing Lincoln Fields mall are commercially viable.  She added that talks are on-going between Wal-Mart and RioCan and if resolved, RioCan would withdraw its concerns.

 

Councillor McRae asked if it would be legal for Committee and Council to refuse the rezoning to allow RioCan to go into negotiations with a tenant to prevent them from relocating to the subject site.

 

Mr. Marc advised that a refusal based on those exact words would have no chance of success at the OMB.  He expressed confidence that RioCan would not advance its opposition in such a way to the Board.  He added that the loss of one mall does not blight make.  It would be a hard fight, even put in different words, in front of the OMB.

 

As a result of further questions from Councillor McRae, Ms. Ross clarified that RioCan is seeking amendments, with the condition that the construction of a large format store not occur for six years.  In terms of land use planning, Ms. Ross advised that Policy 1.1.1 of the PPS specifies that all new developments must ensure that they are sustainable both environmentally and financially.  She confirmed Wal-Mart is in the last year of its lease, with an option to pick up additional years, which is subject to ongoing negotiation.

 

Replying to questions from Councillor Chiarelli, Ms. Ross stated that there is currently no requirement or hook to cause Phase 2 to be constructed. The peripheral buildings are those containing a mix of uses and with the greatest densities.  She confirmed that the Arterial Mainstreet zone encourages the conversion of these areas through higher densities, mixed-uses, as well as building heights up to eight metres.  She noted that the staff report indicated that if the mixed-use, high-density buildings were not built, it would compromise the development of the site, which would be considered under developed.  She opined it would be a stretch to say the plan meets the objectives of the Arterial Mainstreet designation, if the buildings envisioned for Phase 2 are not constructed.

 

Lloyd Phillips, Dennis Eberhard, Justin Date and Aaron Clodd appeared on behalf of SmartCentres, providing a PowerPoint presentation, which is held on file with the City Clerk.  Mr. Phillips brought forward the following points:

·        SmartCentres has been working on this project for over two years.  Mr. Phillips was retained in the summer of 2009 to assist with the rezoning application.

·        The site and adjacent roadways were identified with the assistance of aerial photographs.

·        The Maitland/Merivale/Baseline intersection forms part of a major north-south and east-west route.  Baseline Road is designated in the Official Plan as an Arterial Mainstreet (AM), but the SmartCentres site kept its original institutional zoning, whereas the adjacent lands are zoned AM. 

·        With regard to the existing conditions on Clyde Avenue, it is quite apparent that this area is dedicated to cars, not people.  It is a hostile environment for people with highway-like character.  Baseline Road is very similar.

·        The Central Park community is located to the north with some existing overgrowth between the parking lot and neighbouring community.

·        The intent of the AM zone is that development will occur in a way that facilitates the gradual transition to a more urban pattern of land use.  On these arterial mainstreets, development will occur in a way that facilitates the gradual transition to more intensive forms of development, including the introduction over time of higher density employment and residential uses, where appropriate.  Uses may be mixed within buildings and/or on the same lot.  Parking lots between the building and the street could be redeveloped and built upon and the pedestrian environment improved.

·        When SmartCentres took over ownership of the property, the City had already developed a number of essential development requirements that were intended to guide perspective owners of this property.

·        There has been a high level of community involvement, with a regular pattern of consultation.

·        The concept plan for the 15-acre site proposes to provide greenspace along the north edge, which is intended to be a buffer for the residential area to the north.  The total area of retail is 217,000 square feet, with 98,000 square feet of office.  Two storey buildings will be located on the street edge with three storeys on the corner of Baseline/Clyde with an open plaza, leading people in to the site.  An underground parking garage is also planned with additional surface parking.  The by-law speaks to a maximum of 750 parking spaces, not a minimum.

·        The by-law requires a minimum of six metres from edge of curb to face of building, in addition to the normal set back requirements.

·        The holding provision involves putting the zoning in place; however, it cannot be acted on until the site plan is approved.  The site plan involves a number of design guidelines and site-specific requirements.

·        A number of road improvements have been discussed.  An existing traffic signal will be moved to service a shared access with Scouts Canada.  A right-turn in is provided from Baseline Road, along with a right in/right out on Clyde Avenue.  Road access will not be provided to Central Park to the north.

·        The standard provisions of the AM zone were compared to the site-specific conditions applied to this site.  There are many use restrictions and directions.  For example, office is to be provided on upper floors. Only one large retail store is permitted, while no restriction can be found in the standard AM zone.

·        Residential, if it occurs, will be located in the north section.  Part of the site is reserved for future residential, and automotive uses are prohibited.  The by-law has a requirement that customer entrances must be located facing Clyde Avenue and Baseline Road.  Higher standards are provided for yards and landscaping abutting the residential area to the north.

·        In the holding zone, 14 specific tests are added, which include the requirement to construct two street edge buildings within five years.  Land is reserved for future residential and there are detailed traffic study requirements.  There is a requirement to demonstrate future development potential in the long-term.  On top of that, the applicant must respect the City’s Arterial Mainstreet design guidelines and some site-specific design considerations that must be followed through the site plan.

·        This project will be a true pedestrian-oriented and people place.  SmartCentres is very proud to bring this plan forward.

·        This is not a greenfield site. The existing zoning, being an institutional zone, permits large institutional uses. 

·        The AM zone is intended to be a commercial and employment area that permits residential, not the opposite. 

·        The Baseline/Clyde intersection only fails in the p.m. peak and does not fail on Saturday or morning peak periods.

·        RioCan’s submission is driven primarily by competitive and business concerns, not planning considerations.

·        The overall strategy approved in the Official Plan called for intensification with arterial mainstreets targeted and balanced with the ability of infrastructure to accommodate the development.  The zoning regulations and the holding provision are intended to allow for a careful review as the project is built.  The whole development will not be constructed at one time.  The traffic improvements for Baseline Road and Clyde Avenue will be implemented as part of the first phase.

 

A video was presented showing the proposed concept in a three dimensional manner.

 

Mr. Eberhard indicated that SmartCentres has spent a lot of time and money coming up with this plan.  Given the location of the site and the intention of the City to intensify and create a street experience for commercial activity, SmartCentres came up with something different.  He said that meetings occurred with the community very early on and the feedback was received and incorporated into the plan.  He expressed pride with the proposed plan that fits with the community.  It is not the standard suburban shopping centre, but a true commercial mixed-use centre.  He encouraged the Committee to support the proposal.

 

Mr. Date, a professional engineer with the IBI Group, touched on traffic matters.  He countered some of the arguments put forth by earlier delegations, namely Mr. Linseman.  With regard to the use of one per cent annual background traffic growth rate in the community transportation study, Mr. Date indicated that the consultant checked the percentage against the City’s traffic growth projections and traffic model.  It did correspond with the level of growth that is being projected in the model for this area.  City staff approved the one per cent annual background growth rate before the study was commenced.  With respect to Baseline Road and Clyde Avenue, with the intersection modifications in place, the intersection is expected to operate at level of service D in the morning peak hour, level F in the afternoon peak, and level D in the Saturday peak.  That analysis has assumed that the existing level of transit use will remain constant, when in fact it should rise. 

 

Mr. Date indicated that transit ridership in the corridor is expected to increase over time, especially with the implementation of dedicated bus lanes along Baseline Road, which was designated in the Transportation Master Plan (TMP) as a transit intensive corridor.  The TMP includes a proposal to locate a transit station at the Baseline/Clyde intersection.  Additional analysis was undertaken as part of the community transportation study, which looked at the level of service at the Baseline/Clyde intersection.  City staff indicated that transit modal split in the area is expected to increase to 37 per cent in the future, above the 17-18 per cent that is currently being experienced.  With that level of transit use, Mr. Date advised it would result in a reduction in the volume of traffic.  Additional analysis shows that under those conditions, with a 37 per cent transit modal split, the level of service at the Baseline/Clyde intersection in the critical afternoon peak hour will improve to level of service D. 

 

Addressing comments regarding access on Clyde Avenue, Mr. Date said that Maitland Avenue is an arterial road that provides important connections to the 417 and communities to the north.  A portion of the traffic generated by this development will travel via Maitland Avenue, whether or not there is an access on Clyde Avenue.  If the access is removed, traffic exiting the site heading toward Maitland Avenue will be forced to use the Baseline Road access and make a right turn at the intersection.  Mr. Date advised this would add more traffic to the Baseline/Clyde intersection.  Analysis also showed that the level of service of the Clyde Avenue access would be at level B, which is an acceptable level for that type of intersection.  In terms of the geometry of the access, those details will be considered through the design process by way of the site plan application.  The design will have to meet the minimum requirements of the City’s Private Approach By-law and design guidelines of the Transportation Association of Canada.  Design work required at site plan involving roadway modifications would necessitate review and approval by the City’s technical staff.

 

At 1:30 p.m., the Committee recessed until 2:10 p.m.

 

In response to questions from Councillor McRae, Mr. Eberhard confirmed that the original intent was to construct four to six big box stores on the site; however, SmartCentres understands this site is unique and has agreed to construct only one large format store.  SmartCentres will respect the provisions set out in the holding provision and has agreed to construct two one-storey street edge buildings on the easterly frontage of Baseline Road.  He noted that SmartCentres has worked with the community and staff to come up with the best plan possible.  Mr. Eberhard said he could live with providing the two buildings on the street edge within three years, instead of five.  He did not support increasing the number of buildings, noting construction will be based on demand.  He questioned what the value would be to have empty buildings. 

 

Responding to further questions from Councillor Chiarelli, Mr. Eberhard noted that the street-edge buildings range in size from one to four storeys.  The buildings will be constructed when lease holders have been confirmed due to financing. He also did not object to a Community Design Plan to study the area, nor the establishment of a business improvement area.

 

With regard to traffic and the development of the adjacent triangle lands, Mr. Phillips stated that the proponent for those lands would be required to undertake traffic studies and deal with impacts caused by potential development of those lands.  The current secondary plan, which dates back to the old City of Nepean, probably needs a refresh.  The current zoning permits a Floor Space Index of 2, which is basically a doubling of the current development.  The SmartCentres plan is based on what is known today and a one per cent annual background traffic growth rate.

 

On the issue of including residential uses on site as discussed by Councillor Holmes, Mr. Phillips noted that the AM zone permits residential, but they are not mandatory.  The northwest quadrant of the site is reserved for residential for a five-year period.  Residential uses could be introduced in the longer-term.

 

Mr. Eberhard added that he approached residential developers when the site was purchased.  They indicated that a 20-storey residential tower would be required to make residential uses viable on this site.  He said such height would not be accepted by the community and decided to bring forward the current plan.

 

Councillor Doucet noted that residential uses were a requirement as part of the approval of the Westboro Superstore, suggesting these uses were never introduced.  Mr. Smit clarified that lands remain reserved for residential uses along the Byron corridor.

 

With regard to stormwater, Mr. Phillips advised that a Stormwater Management Plan would be undertaken as part of Site Plan Control.  Generally, stormwater practices dictate that stormwater must be managed onsite.  The parking area will be set out in such a way to include landscaping and trees.

 

Having heard from public delegations, the Committee then turned its attention to debate and motions.

 

Councillor McRae indicated her support for many of the amendments brought forward; however, she objected to the removal of the Clyde Avenue access, which would simply worsen the conditions at nearby intersections.  She also did not support increasing the number of street-edge buildings that must be constructed within a three-year period.

 

Councillor Chiarelli spoke in support of the motions brought forward on his behalf.  He suggested the Clyde Avenue entrance is a safety concern with vehicles accelerating, changing lanes, then decelerating to make the sharp left hand turn.  He spoke of the merits of completing a Community Design Plan, introducing a BIA, and holding a community meeting as part of the site plan.  On the matter as a whole, he reiterated the traffic concerns raised by residents of Copeland Park, noting the Baseline/Clyde intersection fails in the afternoon peak.  He noted that the development of the triangle lands would also contribute to the problem. 

 

Councillor Holmes indicated that the development of this site is an opportunity for good intensification and an opportunity is being lost.  She touched on the amount of asphalt that will result from the development and the absence of residential uses. 

 

With regard to the Clyde Avenue access, Mr. Smit advised that staff would not support a sole entry point on Baseline Road.  He advised that traffic considerations and site configuration would be looked at in greater detail through the site plan.

 

Councillor Holmes indicated that she would move that two buildings be built on the street edge, with one on the corner, as part of the first phase of development. 

 

Councillor Chiarelli indicated that he could support the construction of three of the six street edge buildings within three years.

 

Councillor McRae stated that the applicant did not support that one of the two buildings be built on the corner.

 

Mr. Smit advised that staff did not support constructing more than two buildings within three years, as the market will play a role in terms of timing.  He advised that safeguards have been inserted in the zoning with the holding provision to ensure the site develops appropriately over time.

 

Chair Hume said that Ms. Ross advised that RioCan has reached an agreement with Wal-Mart and has withdrawn its objections to the proposal as currently presented.

 

Councillor Doucet indicated that he would not vote on the motions and left the room.

 

Councillor Holmes presented  a technical amendment prepared by staff.

 

Moved D. Holmes:

 

WHEREAS Report ACS2009-ICS-PGM-0131 recommends certain zoning changes to the land known municipally as 1357 Baseline Road;
 
AND WHEREAS the applicant has requested a change to the Details of Recommended Zoning – Document 2 of the said Report ACS2009-ICS-PGM-0131 to clarify the wording of Point 18;

 

AND WHEREAS staff has reviewed the wording and agrees to amend Point 18;

 

NOW THEREFORE BE IT RESOLVED THAT Committee approve the following:

 

1.      Point 18, of Document 2 of the said Report ACS2009-ICS-PGM-0131 be amended to read as follows:

 

18. A maximum of 750 surface parking spaces may be provided for the entire site; the parking spaces may be installed as the development proceeds in phases; the parking spaces may not be located in the required or provided front or side yards abutting a street, or more particularly in the setback of said yards which setback may not exceed 7.0 metres.

 

THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                CARRIED

 

 

 

 

Moved by B. Monette:

 

WHEREAS significant elements and safeguards achieved by this plan are contained within the Holding provisions;

 

AND WHEREAS professional planning staff are charged with the determination as to when and whether the qualifying conditions exist for the Holding provisions to be lifted;

 

THEREFORE BE IT RESOLVED THAT Document 2 be revised by adding the following to Point 20, Removal of Holding Zone:

 

Prior to any site plan being approved, a full community meeting involving the applicant, Copeland Park Community, City View Community, Central Park Community, City planning staff and the Ward Councillors representing these communities shall be held.

 

THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                CARRIED

 

 

Moved by B. Monette:

 

BE IT RESOLVED THAT Document 2 be revised by adding the following additional item under Design and Development Requirements:

 

No vehicular access to the site from Clyde Avenue shall be permitted within any phase of development.

 

                                                                                                LOST

 

YEAS (1):        B. Monette

NAYS (4):       M. Bellemare, D. Holmes, S. Qadri, P. Hume

 

 

Moved by S. Qadri:

 

THEREFORE BE IT RESOLVED THAT Document 2 be revised by adding the following clauses to Point 20, Removal of Holding:

 

1.         The Owner(s) not object to the formation of a BIA for the Merivale commercial corridor and that would include the Owner(s) lands.

 

2.         The Owner(s) agree through the site plan agreement to participate in future Community Design Plan Study for the Baseline/Clyde/Merivale triangle.

 

THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                CARRIED

 

Moved by D. Holmes:

 

BE IT RESOLVED THAT clause d) of Point 2, Removal of holding, set out in Document 2 be modified to read as follows:

 

Where a single large format store is located in the east portion of the site as part of the first phase of development, that at least two of the six buildings shown on the concept plan (included as Document 4) shall be constructed also as part of the first phase along Baseline and Clyde, with at least one building located at the corner of Baseline and Clyde. 

 

                                                                                          CARRIED

 

AND THAT these buildings be completed for occupancy within three years of the commencement of construction of the large format store.

 

THAT pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                                CARRIED

 

That the Planning and Environment Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1357 Baseline Road from I1A – Minor Institutional Subzone A to AM[***]  Sch [***] – h – Arterial Mainstreet Special Exception Holding Zone as detailed in Document 2; as amended as follows:

 

1.         Revised Point 18 to read:

 

 

A maximum of 750 surface parking spaces may be provided for the entire site; the parking spaces may be installed as the development proceeds in phases; the parking spaces may not be located in the required or provided front or side yards abutting a street, or more particularly in the setback of said yards which setback may not exceed 7.0 metres.

 

2.         Revised Point 2 to read:

 

Where a single large format store is located in the east portion of the site as part of the first phase of development, that at least two of the six buildings shown on the concept plan (included as Document 4) shall be constructed also as part of the first phase along Baseline and Clyde, with at least one building located at the corner of Baseline and Clyde.  And, that these buildings be completed for occupancy within three years of the commencement of construction of the large format store.

 

3.         Additions to Point 20 to read:

 

k.   Prior to any site plan being approved, that a full community meeting be held, involving the applicant, Copeland Park Community, City View Community, Central Park Community, City planning staff and the Ward Councillors representing these communities.

 

l.    The Owner(s) not object to the formation of a Business Improvement Area for the Merivale commercial corridor that would include the Owner(s) lands.

 

m.  The Owner(s) agree through the site plan agreement to participate in future Community Design Plan Study for the Baseline/Clyde/Merivale triangle.

 

4.         That pursuant to the Planning Act, subsection 34(17) no further notice be given.

 

                                                                                          CARRIED as amended

 

DIRECTION TO STAFF

 

That Planning and Growth Management and Legal Services staff outline changes to Section 34 of the Planning Act which allow municipalities to pass zoning by-laws with conditions and recommend what the “prescribed conditions” should be to allow the Planning and Environment Committee and City Council to exercise this new authority.