2. OFFICIAL PLAN AND ZONING - 143 DIDSBURY ROAD (FORMERLY KNOWN AS 30 GOULBOURN FORCED ROAD) (PHASES 2 AND 3)

PLAN OFFICIEL ET ZONAGE - 143, CHEMIN DIDSBURY (AUPARAVANT DÉSIGNÉE COMME 30, CHEMIN GOULBOURN FORCED) (PHASES 2 ET 3)

Committee recommendationS

(This application is not subject to Bill 51)

That Council:

1. Approve and adopt an amendment to the Kanata Town Centre Site-Specific Policies in Volume 2-B of the Official Plan to redesignate 143 Didsbury Road from a "Low Density Employment Area - Special Policy Area 5" designation to a new "Mixed-Use Centre" designation, as detailed in Document 5; and

2. Approve an amendment to Zoning By-law 2008-250 to change the zoning of 143 Didsbury Road from an “IL7[1434]-h” (Light Industrial Subzone 7, Exception 1434, Holding) zone to an “MC[1434] H(45)-h1-h2-h3-h4” (Mixed-Use Centre, Exception 1434, Height 45 metres, Holding 1, Holding 2, Holding 3, Holding 4) zone, as shown in Document 1 and detailed in Document 6.

RecommandationS DU Comité

(Cette demande n’est pas assujettie au Règlement 51)

Que le Conseil :

1. approuve et d’adopter une modification aux politiques ponctuelles relatives au centre-ville de Kanata dans le Volume 2-B du Plan officiel afin de changer la désignation du 143, chemin Didsbury de « Secteur d’emploi de faible densité – secteur de politique spéciale 5) à « Centre d’utilisation mixte », comme il est expliqué en détail dans le Document 5;

2. approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 143, chemin Didsbury de « IL[1434]-h » (Sous-zone d’industrie légère 7, exception 1434, aménagement différé) à « MC[1434] H(45)-h1-h2-h3-h4 » (Centre d’utilisation mixte, exception 1434, hauteur (45 mètres), aménagement différé 1, aménagement différé 2, aménagement différé 3, aménagement différé 4), comme il est indiqué dans le document 1 et expliqué en détail dans le document 6.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 17 November 2009 (ACS2009-ICS-PGM-0002).

2. Extract of Draft Minutes, 8 December 2009.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

17 November 2009 / le 17 novembre 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 : Michael Wildman, Manager/Gestionnaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 27811 Mike.Wildman@ottawa.ca

Kanata North (4)

Ref N°: ACS2009-ICS-PGM-0002

SUBJECT:	Official Plan and ZONING - 143 Didsbury Road (formerly known as 30 Goulbourn Forced Road) (Phases 2 and 3) (FILE NO. d01-01-06-0017 and D02-02-06-0098)

OBJET :	Plan Officiel et ZONAGE - 143, chemin didsbury (AUPARAVANT DÉSIGNÉE COMME 30, Chemin goulbourn FORCED) (phases 2 et 3)

REPORT RECOMMENDATIONS

That the recommend Council:

2. Approve an amendment to Zoning By-law 2008-250 to change the zoning of 143 Didsbury Road from an “IL7[1434]-h” (Light Industrial Subzone 7, Exception 1434, Holding) zone to an “MC[1434] H(45)-h¹-h²-h³-h⁴” (Mixed-Use Centre, Exception 1434, Height 45 metres, Holding 1, Holding 2, Holding 3, Holding 4) zone, as shown in Document 1 and detailed in Document 6.

RECOMMANDATIONS DU RAPPORT

Que le Comité de recommande au Conseil :

1. d’approuver et d’adopter une modification aux politiques ponctuelles relatives au centre-ville de Kanata dans le Volume 2-B du Plan officiel afin de changer la désignation du 143, chemin Didsbury de « Secteur d’emploi de faible densité – secteur de politique spéciale 5) à « Centre d’utilisation mixte », comme il est expliqué en détail dans le Document 5;

2. d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 143, chemin Didsbury de « IL[1434]-h » (Sous-zone d’industrie légère 7, exception 1434, aménagement différé) à « MC[1434] H(45)-h¹-h²-h³-h⁴ » (Centre d’utilisation mixte, exception 1434, hauteur (45 mètres), aménagement différé 1, aménagement différé 2, aménagement différé 3, aménagement différé 4), comme il est indiqué dans le document 1 et expliqué en détail dans le document 6.

BACKGROUND

Site Context

143 Didsbury Road is located at the northwest corner of the Terry Fox Drive and Highway 417 interchange within the Kanata Town Centre, as shown in Document 1. The site is bounded by Terry Fox Drive to the east, Highway 417 to the south, and Didsbury Road to the west. The site is currently vacant and has an area of 1.9 hectares.

Immediately to the north of the site is an unopened road allowance for Earl Grey Drive, which is to be extended west from Kanata Centrum underneath Terry Fox Drive to connect with Didsbury Road. Further to the north are lands developed with a gas station, a convenience store and a car wash. To the east across Terry Fox Drive is the Kanata Centrum shopping centre, and to the south across Highway 417 is a Costco warehouse membership club. A Ministry of Transportation works yard and lands that are proposed to be developed with a multi-storey self-storage building are located to the west of the site across Didsbury Road.

Development Proposal

The applicant has submitted Official Plan and Zoning By-law amendment applications to permit the development of a one-storey large format retail building, a 30-storey tower for office and hotel uses, a 24-storey apartment tower, and a five-storey above-grade parking garage. A conceptual site plan and bird’s eye view of the development proposal are presented in Documents 2 and 3, respectively.

The large format retail building is proposed in the northern portion of the site and would have a gross floor area of up to 4999 square metres. The two towers and the parking garage are proposed in the southern portion of the site with the office/hotel tower situated closest to Highway 417, and the apartment tower located further to the north. The office/hotel tower would have a gross floor area of 28506 square metres including 10745 square metres of office space and 264 hotel rooms. The apartment tower is proposed to have 179 dwelling units. The roof of the parking garage is to be used as an outdoor amenity area. Four driveways are proposed to provide vehicular access to and from Didsbury Road.

The site is bisected by the future bus rapid transit corridor to be built from March Road west to Scotiabank Place and then south to Fernbank Road. The portion of the future rapid transit corridor between Terry Fox Drive and Didsbury Road is to be situated below grade. The applicant proposes to construct a tunnel for the rapid transit corridor through the site, and to construct the large format retail building above the tunnel.

The development is to be constructed in three phases. Phase 1 is proposed to include the construction of the large format retail building and the rapid transit corridor tunnel. The office/hotel tower would be built in Phase 2, and the apartment tower would be completed in Phase 3.

In January 2007, the applicant appealed the subject Official Plan and Zoning By-law amendment applications to the Ontario Municipal Board together with a site plan application for the Phase 1 development. The appeals were filed because the City did not make decisions on the applications within the prescribed timelines under the Planning Act. Instead of pursuing a hearing date with the Board, the applicant has requested that the City continue to process the applications.

In October 2008, City Council approved Official Plan and Zoning By-law amendments to permit the Phase 1 large format retail building. The current staff report provides an analysis and recommendations for the parts of the Official Plan and Zoning By-law amendment applications related to the proposed Phase 2 and 3 towers.

Purpose of the Phase 2 and 3 Official Plan Amendment Application

The Official Plan designates the site as part of a “Mixed-Use Centre” designation for the Kanata Town Centre, which also includes a “Town Centre” overlay. In the Kanata Town Centre Site-Specific Policies, the site is located in an “LDE-5” (Low Density Employment Area – Special Policy Area 5) designation. The purpose of the Phase 2 and 3 Official Plan amendment application is to amend the Kanata Town Centre Site-Specific Policies to permit the Phase 2 and 3 towers.

Purpose of the Phase 2 and 3 Zoning By-law Amendment Application

The site is zoned “IL7[1434]-h” (Light Industrial Subzone 7, Exception 1434, Holding) in Zoning By-law 2008-250. The permitted uses in this zone include hotels, office uses, light industrial uses, restaurants and retail stores. The holding symbol prohibits retail stores until a transportation impact assessment has been submitted and approved to support the scale of development proposed. The existing zoning permits a maximum building height of 13.5 metres.

The purpose of the Phase 2 and 3 Zoning By-law amendment application is to rezone the site to a site-specific “MC” (Mixed-Use Centre) zone to add a mid-high rise apartment dwelling as a permitted use and to increase the maximum building height from 13.5 metres to 104 metres.

DISCUSSION

Official Plan

The site is located within a “Mixed-Use Centre – Town Centre” designation for the Kanata Town Centre. Mixed-Use Centres are strategically located with respect to the transportation system and are accessible by transit, walking, cycling and automobile. They are centered on rapid transit stations and contain one or more arterial roads with all-day frequent transit service. The site is located about 620 metres west of Terry Fox Station, which is part of the Transitway system. While Terry Fox Drive is classified as an arterial road, OC Transpo does not operate all-day frequent service on the segment located adjacent to the site. The Town Centre symbol indicates that this Mixed-Use Centre is planned to accommodate at least 10000 jobs.

Mixed-Use Centres are anticipated to grow substantially, but in a way that complements the development pattern within and adjacent to them. A strategic objective of the Official Plan is for new development to provide a mix of uses. Mixed-use development refers to combining housing, employment, shopping, recreation or other uses within the same building or within walking distance of each other. This mix of land uses permits people who live and work in the area to satisfy many of their daily needs locally instead of having to travel to other parts of the city, as well as making efficient use of infrastructure. The applicant’s proposal to provide a mix of retail, office, hotel and residential uses all within the same development is supported by the mixed-use strategy in the Official Plan.

The Mixed-Use Centre designation encourages transit-supportive land uses such as offices, secondary and post-secondary schools, hotels, hospitals, large institutional buildings, community recreation and leisure centres, daycare centres, retail uses, entertainment uses, services (such as restaurants), medium density and high density residential uses, and mixed-use development. This designation specifically permits all of the land uses proposed by the applicant.

The Official Plan identifies a “Future Rapid Transit Corridor (Alignment to be Defined)” crossing the site. The rapid transit corridor shown on the conceptual site plan is in accordance with preliminary functional plans prepared for the corridor. An Environmental Assessment is currently underway for the rapid transit corridor between Terry Fox Drive and Fernbank Road, and is expected to be completed by the end of 2010. The alignment, profile and width for the rapid transit corridor will be finalized through the Environmental Assessment process. This process would need to be completed prior to the development of the Phase 1 retail building. Potential issues associated with development of the retail building over the rapid transit corridor were discussed in the staff report for the Phase 1 Official Plan and Zoning By-law amendment application (Report No. ACS2008-PTE-PLA-0179). The rapid transit corridor segment between March Road and Scotiabank Place is identified as a Phase 1, Increment 3, project in the Transportation Master Plan.

The strategic directions section of the Official Plan promotes opportunities for intensification on lands within 600 metres of future or existing rapid transit stations with potential to develop as compact, mixed-use and pedestrian-friendly cores. The site is located slightly beyond this 600‑metre distance from Terry Fox Station. In fact, the actual walking distance would be about 800 metres. The Transportation Master Plan also identifies a future rapid transit station that is to be generally located west of the site between Didsbury Road and the Carp River. The following alternative locations have been identified for this station: 1) about 220 metres west of the site at the intersection of the future rapid transit corridor with the western segment of Didsbury Road, or 2) about 650 metres west of the site between the western segment of Didsbury Road and the Carp River. The identification of alternative locations and the selection of the preferred location for the station will be determined through the Environmental Assessment process that is currently being undertaken for the rapid transit corridor. Given the site’s location within a Mixed-Use Centre designation and its proximity to existing and future rapid transit stations, the site is generally suitable for intensification.

Kanata Town Centre Site-Specific Policies

The Kanata Town Centre is subject to site-specific policies found in Volume 2-B of the Official Plan. These policies set an employment target of at least 12500 jobs for all of the lands in the Town Centre. Approximately 10000 of these jobs are intended to be situated in the Kanata Downtown Area, which is generally bounded by Campeau Drive to the north, a hydro corridor to the east, Highway 417 to the south, and Kanata Avenue to the west. According to the 2006 Employment Survey, there were about 3800 jobs in the Kanata Town Centre in 2006 including 300 jobs in the Downtown Area. The applicant’s request to intensify the site with the office/hotel tower would increase the site’s contribution towards achieving the employment target for the Kanata Town Centre.

The Kanata Town Centre Site-Specific Policies designate the site as “LDE-5” (Low Density Employment Area – Special Policy Area 5). This designation permits restricted industrial uses (including offices), automotive commercial uses, retail warehouses, business park retail outlets, planned retail centres, accessory commercial development, home renovation uses and retail stores. Apartment dwellings are not permitted. The general intent of the LDE-5 policies is to allow development to occur at a low density. While higher density office, hotel and apartment uses would be permitted under the Mixed-Use Centre policies of the parent Official Plan, an amendment is required to the Kanata Town Centre Site-Specific Policies to permit these uses.

Kanata Town Centre Downtown Area

The Kanata Town Centre Site-Specific Policies are intended to concentrate higher density residential, commercial, civic, institutional, cultural and employment uses within the Kanata Downtown Area. The Kanata Downtown Area is comprised of four main land use designations: a Main Street area, a Central Business District, a Regional Shopping Centre – 3 area and a Town Centre Residential area. The boundary of the Kanata Downtown Area and the land use designations are shown in Document 4.

The Main Street area between Kanata Avenue and Campeau Drive is designated for the most prestigious and intensively mixed-use development in Kanata, including ground floor retail and service commercial, government, cultural and entertainment uses. The Central Business District is located east and west of the Main Street area, and is intended to provide the primary employment, civic and cultural focus for Kanata with a higher density built form, complemented by higher density residential uses. The Regional Shopping Centre – 3 designation, which is located on the south side of Kanata Avenue adjacent to Kanata Centrum, permits higher density office uses with the potential for higher density residential uses and a limited amount of ground floor retail and service uses. Lastly, higher density residential uses are planned in the Town Centre Residential designation located in the eastern part of the Downtown Area. In general, the policies indicate that building heights in the Kanata Downtown Area should vary and will generally be limited to 10 storeys for residential use and to eight storeys for non-residential uses.

The intent of the policies is to establish the Downtown Area as an active and vibrant focal point for Kanata with the highest building heights and the greatest mix of uses. The applicant’s proposal to construct buildings up to 30 storeys in height outside of the Downtown Area would be a significant departure from the direction of the Kanata Town Centre policies.

A number of planning and design studies were prepared to support the development of the Downtown Area including a Downtown Master Plan and Implementation Study, a Parks and Open Space Master Plan, and Urban Design Guidelines. Together, the policies and supporting studies promote a compact, human-scaled, pedestrian-friendly, and transit-oriented Downtown Area. In contrast, there have not been any master planning or urban design studies prepared to support locating buildings up to 30 storeys in height in the Low Density Employment Area.

There are no office buildings currently located in the Kanata Downtown Area. Based on the Kanata Town Centre Downtown Master Plan and Implementation Study, there are vacant lands available with the potential to accommodate about 233000 square metres of office space and about 10000 jobs. There is also vacant land in the Downtown Area designated for higher density residential uses. One vacant block at 1001 Canadian Shield Avenue was recently rezoned to permit four apartment buildings each with a height of 10 storeys. In addition, there is vacant land at 1251 Maritime Way that was rezoned in 2006 to permit a six-storey hotel. Accordingly, there is a substantial amount of vacant land within the Kanata Downtown Area that is available to satisfy the need for higher density office, hotel and apartment development in the Town Centre. As such, increasing the building height to the extent requested by the applicant is not required to accommodate the need for future office, hotel and apartment space in the Town Centre.

Building Height

While the Mixed-Use Centre policies and strategic directions section of the Official Plan support more intensive development of the site than is allowed by the existing zoning, the requested maximum building height is inconsistent with the overall intent of the Official Plan and the Kanata Town Centre Site-Specific Policies.

The office/hotel tower is proposed to have a maximum height of 104 metres. With respect to relative size, it would be slightly lower than the 32-storey, 109-metre high Metropole apartment building located near the Westboro rapid transit station. The Metropole is the second-highest building in Ottawa, and the proposed office/hotel tower would be the third-highest building in the city.

The applicant’s request to increase the maximum building height to permit buildings up to 30‑storeys in height does not comply with the Official Plan policies requiring new development to complement the development pattern within the Kanata Town Centre. Within the Kanata Town Centre, the tallest existing and planned buildings include the following:

· 7303-7307 Campeau Drive (Park Ridge Place): three existing apartment buildings each with a height of 15 storeys

· 1001 Canadian Shield Avenue: four proposed apartment buildings each with a height of 10 storeys

· 20 Aird Place: two proposed apartment buildings each with a height of 11 storeys

It is noted that the applicant’s request for a maximum building height of 104 metres is 2.3 times the height of the Park Ridge Place apartment buildings, which are the tallest buildings in the Kanata Town Centre.

The Official Plan states that Zoning By-laws for Mixed-Use Centres will provide for the highest-density development such as offices to occur within 400 metres of a rapid transit station. The site is not located within 400 metres of Terry Fox Station, and the distance to the future rapid transit station planned near the site will not be known until the Environmental Assessment process has been completed. This implies that while the site is appropriate for more intensive development than permitted by the existing zoning, it is not suitable for buildings with heights of up to 30 storeys.

The compatibility policies in the Official Plan indicate that where variation in building height or massing is appropriate, a transition in building heights is desirable. The predominately single-storey building form of the surrounding area does not allow a gradual transition to a 30-storey building height to be achieved.

Overall, the Department finds that the requested maximum building height of 104 metres is out of scale with the Kanata Town Centre context. Further, the requested height would detract from the Downtown Area as the primary focus for higher density development in the Town Centre. To maintain the intent of the Official Plan and the Kanata Town Centre policies, the Department recommends a maximum height of approximately 15 storeys (45 metres), which would better complement the development pattern in the Kanata Downtown Area. This recommended height would match the maximum height permitted in the Comprehensive Zoning By-law for the 15‑storey apartment buildings at Park Ridge Place.

Residential Uses

The applicant’s request to add a mid-high rise apartment building as a permitted use is consistent with the Mixed-Use Centre policies in the Official Plan, which permit medium density and high density residential uses and mixed-use development. Although the site is isolated from other residential uses, it offers convenient access to a large range of supporting services in the Kanata Town Centre and the adjacent Kanata West area. For example, the site is located within walking distance of existing and proposed shopping facilities at Kanata Centrum and the Kanata West Community Level Retail District; the future Kanata Downtown Area and Main Street; the Kanata Town Centre Core Park; and future multi-use pathways planned along the Carp River and Feedmill Creek in Kanata West.

The requested Mixed-Use Centre zone would allow other residential uses including a low rise apartment dwelling, a group home, a multiple attached dwelling, a rooming house, a retirement home, a shelter, and a stacked dwelling. Section 3.1, Generally Permitted Uses, in the Official Plan specifically requires that a group home, a rooming house, a retirement residence and a shelter be included as permitted uses in this zone. The low rise apartment dwelling, multiple attached dwelling and stacked dwelling uses are all medium density uses, and are permitted by the Mixed-Use Centre policies.

The Official Plan policies require the submission and approval of a noise impact assessment for all residential uses because the site is located within 500 metres of Highway 417, within 100 metres of Terry Fox Drive, and within 100 metres of a proposed rapid transit corridor. The study would also need to address the noise impact of the existing car wash located immediately north of the site. The noise impact assessment issues would be addressed in the future through the site plan approval process.

The Mixed-Use Centre policies state that the Zoning By-law shall enable the employment targets in the Official Plan to be achieved. As the site is currently located within a Low Density Employment Area, it is expected that development of the site will include non-residential uses to contribute towards achieving the target of 12500 jobs for the Kanata Town Centre. In this regard, the Department recommends that residential uses should only be permitted when included in a mixed-use development that contains a non-residential building with a minimum gross floor area of 2000 square metres. This means that the applicant would need to construct at least one non-residential building such as a large format retail store, an office building or a hotel prior to, or concurrently with, the development of an apartment building or other residential use. The implementation of this recommendation will ensure that the site is not entirely developed with residential uses. A minimum gross floor area of 2000 square metres is recommended for the size of non-residential uses because it creates the potential for a significant amount of employment, while providing the applicant with the flexibility to accommodate a range of non-residential uses. This minimum building size also reflects the existing permitted uses, the existing building setbacks, and the site’s development constraints including the future rapid transit corridor.

Transportation Impact

The applicant submitted a traffic impact study to support the applications. Based on the projected Saturday peak hour traffic volumes, the intersection of Terry Fox Drive and Didsbury Road cannot support the full development of the site together with other proposed developments in the area based on the existing road network.

The Department completed a needs assessment for Terry Fox Drive between Highway 417 and Campeau Drive, and determined that the existing and proposed developments in the area could be supported after the proposed Terry Fox Drive/Earl Grey Drive underpass has been constructed or after Terry Fox Drive has been widened from four to six lanes between Campeau Drive and Palladium Drive. The Transportation Master Plan identifies the underpass as a Phase 2 (2016-2022) project and the Terry Fox Drive widening as a Phase 3 (2023-2031) project. The draft 2010 Budget forecast allocates $3.5 million to the underpass project in the 2013-2019 period.

To address the transportation impact associated with Phase 1 of the proposed development, the existing Official Plan policies and zoning include holding designations to prohibit retail uses until a transportation impact assessment has been submitted and approved that identifies the roadway and intersection modifications required to support the scale of development proposed. For Phases 2 and 3 of the proposed development, the Department also recommends the use of holding designations to prohibit office and hotel buildings greater than 13.5 metres in height and residential buildings until the associated transportation impact assessment issues have been addressed and approved. Office and hotel buildings with heights of up to 13.5 metres would not be subject to the proposed holding designations because these buildings are already permitted by the existing zoning. A total of four holding designations are recommended for the site-specific Official Plan policies and zoning provisions to prohibit the following uses until the associated transportation impact assessment issues are addressed and approved:

1) A retail store or a retail food store with a maximum gross floor area of 4999 square metres;

2) A building with a height greater than 13.5 metres that contains a hotel use;

3) A building with a height greater than 13.5 metres that contains an office use or any other non-residential use except a hotel; and

4) All residential uses.

Depending on the final amount and type of development ultimately proposed to be constructed in each development phase, the required road modifications may include the construction of the Terry Fox Drive/Earl Grey Drive underpass or the widening of Terry Fox Drive from four to six lanes. As the implementation schedules for these City projects are beyond the direct control of the applicant, the Department recommends adding a condition to lift the holding designations stating that if the underpass or widening are required, the General Manager, Planning and Growth Management, must be satisfied that the underpass or widening must be completed prior to occupancy of the proposed development. This approach allows the development to be constructed concurrently with the construction of the underpass or widening.

Recommended Official Plan Amendment

Based on the foregoing, the Department recommends redesignating the site from a “Low Density Employment Area – Special Policy Area 5” designation to a new “Mixed-Use Centre” designation in the Kanata Town Centre Site-Specific Policies. This new designation will permit the same uses as the parent Mixed-Use Centre designation in the Official Plan including, but not limited to retail, office, hotel, and medium density and high density residential uses. The recommended site-specific policies will require any residential uses to be included in a mixed-use development containing non-residential uses. Site-specific policies are also included to enable the use of four holding designations in the Zoning By-law to prohibit retail uses, hotel and office buildings (and any other non-residential use buildings) greater than 13.5 metres in height, and residential buildings until conditions related to transportation impact have been fulfilled. The draft Official Plan amendment is included in Document 5.

Details of Recommended Zoning

The Department recommends rezoning the site in Zoning By-law 2008-250 from an “IL7[1434]-h” (Light Industrial Subzone 7, Exception 1434, Holding) zone to a new, site-specific “MC[1434] H(45)-h¹-h²-h³-h⁴” (Mixed-Use Centre, Exception 1434, Height 45 metres, Holding 1, Holding 2, Holding 3, Holding 4) zone. The details of the recommended zoning are described in Document 6 and are summarized below.

The recommended “MC[1434]” exception zone will permit the same uses as the standard “MC” zone, which allows a broad range of transit-supportive uses including retail stores, offices, hotels, and mid-high rise apartment dwellings. The “MC[1434]” zone will retain the intent of the site-specific provisions from the “IL7[1434]” zone that were established through the previous zoning amendment for the Phase 1 development. The recommended zoning will permit a maximum building height of 45 metres. In addition, the recommended zoning will utilize four holding designations that relate to the transportation impact of certain uses, and will only permit residential uses in a mixed-use development that contains non-residential uses.

ENVIRONMENTAL IMPLICATIONS

Mississippi Valley Conservation has no objections to the applications.

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of these applications was carried out in accordance with the City's Public Notification and Consultation Policy. Comments from the Hazeldean-Katimavik Community Association on the applications are provided in Document 7.

COMMENTS BY THE WARD COUNCILLOR(S)

The Ward Councillor is aware of the applications and the staff recommendation.

LEGAL/RISK MANAGEMENT IMPLICATIONS

There are no legal/risk management implications associated with this report.

CITY STRATEGIC PLAN

The staff recommendation supports the following objectives for the Planning and Growth Management priority area:

F2: Respect the existing urban fabric, neighbourhood form and the limits of existing hard services, so that new growth is integrated seamlessly with established communities.

F3: Encourage the development of existing employment lands to promote job creation and minimize infrastructure costs.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the "On Time Decision Date" established for the processing of Official Plan and Zoning By-law amendments due to the complexity of the transportation impact and rapid transit corridor issues associated with the development. In addition, the applications were substantially revised following the initial application submission and appeals to the Ontario Muncipal Board to request amendments to permit the proposed Phase 2 and 3 developments.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Conceptual Site Plan

Document 3 Bird’s Eye View of Full Development Looking Northwest

Document 4 Kanata Downtown Area

Document 5 Proposed Official Plan Amendment

Document 6 Details of Recommended Zoning

Document 7 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner/agent/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.

Planning and Growth Management Department to prepare the implementing by-laws, forward to Legal Services and undertake the statutory notification.

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

LOCATION MAP DOCUMENT 1

CONCEPTUAL SITE PLAN DOCUMENT 2

BIRD’S EYE VIEW OF FULL DEVELOPMENT LOOKING

NORTHWEST DOCUMENT 3

KANATA DOWNTOWN AREA DOCUMENT 4

PROPOSED OFFICIAL PLAN AMENDMENT DOCUMENT 5

Official Plan Amendment xx

Modification du Plan directeur xx

To the Official Plan for the City of Ottawa

AMENDMENT NO. xx

OFFICIAL PLAN FOR THE CITY OF OTTAWA

INDEX

THE STATEMENT OF COMPONENTS

PART A – THE PREAMBLE

Purpose...............................................................................................................................................

Location..............................................................................................................................................

Basis...................................................................................................................................................

PART B – THE AMENDMENT

Introduction.........................................................................................................................................

Details.................................................................................................................................................

Implementation

THE STATEMENT OF COMPONENTS

Part A - The Preamble introduces the actual amendment, but does not constitute part of Amendment No. xx to the Official Plan for the City of Ottawa.

Part B - The Amendment, consisting of the following text and map attached as Schedule “A” constitutes Amendment No. xx to the Official Plan for the City of Ottawa.

PART A - THE PREAMBLE

1. Purpose

The subject property, municipally known as 143 Didsbury Road, as shown on Schedule “A”, is designated “Mixed-Use Centre” with a “Town Centre” overlay in the Official Plan. The Site-Specific Policies for the Kanata Town Centre, found in Volume 2-B of the Plan, designate the site as “LDE-5” (Low Density Employment Area, Special Policy Area 5). The purpose of Amendment No. xx is to redesignate 143 Didsbury Road from an “LDE-5” designation to a new, site-specific “MC” (Mixed-Use Centre) designation.

2. Location

143 Didsbury Road is located at the northwest corner of the Terry Fox Drive and Highway 417 interchange within the Kanata Town Centre. The site is bounded by Terry Fox Drive to the east, Highway 417 to the south, and Didsbury Road to the west. The site is currently vacant and has an area of 1.9 hectares.

3. Basis

Development Proposal

In October 2008, City Council approved Official Plan and Zoning By-law amendments to permit the Phase 1 large format retail building. The following discussion provides an analysis and recommendations for the parts of the Official Plan and Zoning By-law amendment applications related to the proposed Phase 2 and 3 towers.

Official Plan

The strategic directions section of the Official Plan promotes opportunities for intensification on lands within 600 metres of future or existing rapid transit stations with potential to develop as compact, mixed-use and pedestrian-friendly cores. The site is located slightly beyond this 600-metre distance from Terry Fox Station. In fact, the actual walking distance would be about 800 metres. The Transportation Master Plan also identifies a future rapid transit station that is to be generally located west of the site between Didsbury Road and the Carp River. The following alternative locations have been identified for this station: 1) about 220 metres west of the site at the intersection of the future rapid transit corridor with the western segment of Didsbury Road, or 2) about 650 metres west of the site between the western segment of Didsbury Road and the Carp River. The identification of alternative locations and the selection of the preferred location for the station will be determined through the Environmental Assessment process that is currently being undertaken for the rapid transit corridor. Given the site’s location within a Mixed-Use Centre designation and its proximity to existing and future rapid transit stations, the site is generally suitable for intensification.

Kanata Town Centre Site-Specific Policies

Kanata Town Centre Downtown Area

Building Height

While the Mixed-Use Centre policies and strategic directions of the Official Plan support more intensive development of the site than is allowed by the existing zoning, the requested maximum building height is inconsistent with the overall intent of the Official Plan and the Kanata Town Centre Site-Specific Policies.

The applicant’s request to increase the maximum building height to permit buildings up to 30-storeys in height does not comply with the Official Plan policies requiring new development to complement the development pattern within the Kanata Town Centre. Within the Kanata Town Centre, the tallest existing and planned buildings include the following:

· 7303-7307 Campeau Drive (Park Ridge Place): three existing apartment buildings each with a height of 15 storeys

· 1001 Canadian Shield Drive: four apartment buildings each with a height of 10 storeys

· 20 Aird Place: two proposed apartment buildings each with a height of 11 storeys

Overall, the Department finds that the requested maximum building height of 104 metres is out of scale with the Kanata Town Centre context. Further, the requested height would detract from the Downtown Area as the primary focus for higher density development in the Town Centre. To maintain the intent of the Official Plan and the Kanata Town Centre policies, the Department recommends a maximum height of approximately 15-storeys (45 metres), which would better complement the development pattern in the Kanata Downtown Area. This recommended height would match the maximum height permitted in the Zoning By-law 2008-250 for the 15-storey apartment buildings at Park Ridge Place.

Residential Uses

Transportation Impact

1) A retail store or a retail food store with a maximum gross floor area of 4999 square metres;

2) A building with a height greater than 13.5 metres that contains a hotel use;

3) A building with a height greater than 13.5 metres that contains an office use or any other non-residential use except a hotel; and

4) All residential uses.

Depending on the final amount and type of development ultimately proposed to be constructed in each development phase, the required road modifications may include the construction of the Terry Fox Drive/Earl Grey Drive underpass or the widening of Terry Fox Drive from four to six lanes. As the implementation schedules for these City projects are beyond the direct control of the applicant, the Department recommends adding a condition to lift the holding designations stating that if the underpass or widening are required, the General Manager, Planning and Growth Management, must be satisfied that the underpass or widening will be completed prior to occupancy of the proposed development. This approach allows the development to be constructed concurrently with the construction of the underpass or widening.

Recommended Official Plan Amendment

Details of Recommended Zoning

PART B - THE AMENDMENT

1. Introduction

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

2. Details

The following change is hereby made to the Site-Specific Policies for the Kanata Town Centre in Volume 2-B of the Official Plan for the City of Ottawa:

a) Section 5.7.5.5, Low Density Employment Area, is amended by deleting “Special Policy Area 5 – LDE-5”.

b) Section 5.7.5, Land Use Designations, is amended by adding the following Section immediately after Section 5.7.5.7, Neighbourhood Service:

“5.7.5.8 Mixed-Use Centre

a) Mixed-Use Centre at 143 Didsbury Road

1. The permitted uses shall include all of the uses permitted in Section 3.6.2, Mixed-Use Centres, in the Official Plan for the City of Ottawa (Volume 1).

2. Development within the Mixed-Use Centre designation is required to contribute towards achieving a target of 12500 jobs in the Kanata Town Centre. Therefore, residential uses are only permitted when included in a mixed-use development that contains a minimum gross floor area of 2000 square metres of non-residential uses.

3. The implementing Zoning By-law for the area designated as “Mixed-Use Centre” on Schedule “B-1” – Kanata Town Centre shall contain holding designation provisions as follows:

a) Where an “h¹” holding designation is in place, retail store and retail food store uses are prohibited until the following conditions have been fulfilled and the holding designation is removed:

(i) a transportation impact assessment has been submitted and approved that identifies the roadway/intersection modifications required to support the development of a maximum of 4999 square metres of retail store and/or retail food store uses; and

(ii) if the approved transportation impact assessment identifies that the Terry Fox Drive/Earl Grey Drive underpass or the widening of Terry Fox Drive from four to six lanes between Campeau Drive and Palladium Drive are required to support the proposed development, the General Manager, Planning and Growth Management, must be satisfied that the construction of the underpass or road widening will be completed prior to occupancy of the development.

b) Where an “h²” holding designation is in place, the maximum building height is 13.5 metres for a building containing a hotel use until the following conditions have been fulfilled and the holding designation is removed:

(i) a transportation impact assessment has been submitted and approved that identifies the roadway/intersection modifications required to support the development of a building that has a building height greater than 13.5 metres and contains a hotel use; and

c) Where an “h³” holding designation is in place, the maximum building height is 13.5 metres for a building containing an office use, or any other non-residential use except a hotel use, until the following conditions have been fulfilled and the holding designation is removed:

d) Where an “h⁴” holding designation is in place, all residential uses are prohibited until the following conditions have been fulfilled and the holding designation is removed:

(i) a transportation impact assessment has been submitted and approved that identifies the roadway/intersection modifications required to support the development of all of the proposed residential and non-residential uses; and

c) Schedule “B-1” – Kanata Town Centre is amended by changing the designation of 143 Didsbury Road from “Low Density Employment Area – Special Policy Area 5” to “Mixed-Use Centre” as shown on Schedule “A” attached hereto.

3. Implementation

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

Schedule “A” of Amendment No. xx to the Official Plan for the City of Ottawa

DETAILS OF RECOMMENDED ZONING DOCUMENT 6

Proposed Changes to Zoning By-law 2008-250

1. The lands municipally known as 143 Didsbury Road as shown on Document 1 are rezoned from “IL7[1434]-h” (Light Industrial Subzone 7, Exception 1434, Holding) to “MC[1434] H(45)-h¹-h²-h³-h⁴” (Mixed Use, Exception 1434, Height 45 metres, Holding 1, Holding 2, Holding 3, Holding 4).

2. Table 239 in Section 239 will be amended by deleting exception 1434 and replacing it with the following site-specific provisions for the “MC[1434]” zone, or similar provisions with the same effect:

a) The lot lines adjacent to Terry Fox Drive, Highway 417, Didsbury Road and Earl Grey Drive shall be deemed to be front lot lines.

b) Minimum front yard setback:

(i) 14 m from Highway 417 and Terry Fox Drive

(ii) 3 m from Earl Grey Drive

(iii) 3 m from Didsbury Road

c) A retaining wall is not permitted within the minimum front yard setback from Earl Grey Drive.

d) The maximum aggregate gross floor area is 4999 square metres for all retail store and retail food store uses.

e) Residential uses including low-rise apartment dwellings, group homes, mid-high rise apartment dwellings, multiple attached dwellings, planned unit development, retirement homes, rooming houses, shelters and stacked dwellings, are only permitted when the residential use is included as part of a mixed-use development containing a minimum gross floor area of 2000 square metres of non-residential uses and when the “h⁴” holding symbol has been removed.

f) A building cannot be constructed within 20 metres of the Earl Grey Drive right-of-way prior to the Owner conveying a temporary construction easement to the City, to the satisfaction of the General Manager, Planning and Growth Management, to facilitate the construction of the Earl Grey Drive underpass underneath Terry Fox Drive, and the extension of Earl Grey Drive west to intersect with Didsbury Road.

g) Where an “h¹” holding symbol is in place, retail store and retail food store uses are prohibited until the following conditions have been fulfilled and the holding symbol is removed:

h) Where an “h²” holding symbol is in place, the maximum building height is 13.5 metres for a building containing a hotel use until the following conditions have been fulfilled and the holding symbol is removed:

i) Where an “h³” holding symbol is in place, the maximum building height is 13.5 metres for a building containing an office use, or any other non-residential use except a hotel use, until the following conditions have been fulfilled and the holding symbol is removed:

j) Where an “h⁴” holding symbol is in place, all residential uses are prohibited until the following conditions have been fulfilled and the holding symbol is removed:

k) All of the lands within the “MC[1434]” zone are considered to be one lot for zoning purposes, notwithstanding the lawful division of a lot pursuant to the Planning Act, as amended, the Condominium Act, as amended, or any other similar legislation.

CONSULTATION DETAILS DOCUMENT 7

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.

COMMUNITY ORGANIZATION COMMENTS

Comment: The following are the concerns of the Katimavik-Hazeldean Community Association (KHCA), at this time, as reviewed by Peter McNichol, President, concerning the OPA and Zoning amendment request for 30 Goulbourn Forced Road (now 143 Didsbury Road):

1. Fire Route for site is not indicated on drawing.

2. Handicapped parking for site is not indicated on drawing.

3. Bicycle Parking for site is not indicated on drawing.

4. Truck Route is not defined. Truck access, travel direction and truck departure route from site is required.

5. Right of way for future transit way must be maintained by city. Provisions as how to construct transit-way while maintaining store parking during and post construction must be considered.

6. Property must be structured to also minimize work and provide for the future extension of Earl Grey Drive to Goulbourn Forced Road (now Didsbury Road) under Terry Fox Drive.

7. Address or Street Name of Goulbourn Force Road (now Didsbury Road) should be changed to avoid confusion of emergency services with the other non contiguous portions of Goulbourn Forced Road.

8. Traffic Study must show traffic can be handled without affecting neighbouring commercial stores or residential community.

9. Site Plan must be submitted to address the above concerns which are not covered by the OPA and Zoning.

We would appreciate if attention could be brought to the above matters before the approval of the OPA and Zoning.

Response:

1. The fire route location will be addressed through the concurrent site plan application.

2. The location and number of handicapped parking spaces will be addressed through the concurrent site plan application.

3. The location and number of bicycle parking spaces will be addressed through the concurrent site plan application.

4. The truck route location will be addressed through the concurrent site plan application.

5. The owner will be required to convey the rapid transit corridor to the City prior to the registration of the site plan agreement. The initial development concept was to construct a parking area on the rapid transit corridor lands. The development concept has been revised to construct the retail store over the rapid transit corridor. Therefore, parking will not be affected during the construction of the rapid transit corridor.

6. The City already owns an unopened road allowance for the future extension of Earl Grey Drive between Terry Fox Drive and Didsbury Road.

7. The segment of Goulbourn Forced Road located west of Terry Fox Drive was renamed to Didsbury Road on May 1, 2009.

8. A revised Phase 1 transportation impact assessment is required to be submitted and approved prior to the lifting of the holding symbol and the approval of the Phase 1 site plan.

9. A site plan application has been submitted for the Phase 1 development.