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3. COMPREHENSIVE ZONING BY-LAW 2008-250: APPEALS TO THE ONTARIO MUNICIPAL BOARD (URBAN APPEALS – OMB MAY 2010) – 200 KENNEVALE DRIVE AND 155 PREM CIRCLE
RÈGLEMENT DE ZONAGE GÉNÉRAL 2008-250 : APPELS INTERJETÉS À LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (APPELS DE LA ZONE URBAINE À LA CAMO – MAI 2010) – 200, PROMENADE KENNEVALE ET 155, CERCLE PREM
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Committee recommendationS AS AMENDED
(This matter is Subject to Bill 51)
1. That Council approve the amendments as described in the Details of Recommended Zoning in Document 1, for lands shown in Document 2, to resolve an appeal to By-law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board, as amended by making the following revision and addition to Document 1, under Column V - Provisions:
a. Replace the words “the “h” symbol will not be removed until a site plan control approval agreement has been finalized” with the words “the “h” symbol will expire when a site plan has been approved by the Ontario Municipal Board.”
b. Add the words “minimum number of parking spaces required: 16”
2. That there be no further notice pursuant to Section 34 (17) of the Planning Act.
RecommandationS modifÉeS DU Comité
(Cette question est assujettie au Règlement 51)
1. Que le Conseil approuve les modifications telles que décrites sous Détails du zonage recommandé dans le Document 1, en ce qui concerne les terrains indiqués dans le Document 2, afin de résoudre les appels au Règlement 2008-250 et de transmettre un règlement incorporant les modifications requises à la Commission des affaires municipales de l’Ontario, tel que modifié par la révision et l’ajout suivants au Document 1, sous la colonne 5 – Clauses :
a. remplacer les mots « le symbole « H » ne sera pas retiré tant qu’une entente relative à l’approbation du plan d’implantation n’a pas été signée » par les mots « le symbole « H » viendra à échéance quand un plan d’implantation aura été approuvé par la Commission des affaires municipales de l’Ontario. »
b. ajouter les mots « nombre minimal de places de stationnement requises ; 16 »
2. Qu’il n’y ait aucun autre avis conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.
Documentation
1. Deputy City Manager's report Planning, Transit and the Environment dated 27 April 2010 (ACS2010-ICS-PGM-0092).
2. Extract of Draft Minutes, 11 May 2010.
Report to/Rapport au :
Planning and Environment Committee
Comité de l’urbanisme et de l’environnement
and Council / et au Conseil
27 April 2010/le 27 avril 2010
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 : Richard Kilstrom, Manager/Gestionnaire,
Policy Development and Urban Design/Élaboration de la politique et conception urbaine, Planning and Growth Management/Urbanisme et Gestion de la croissance
Élaboration de la politique et conception urbaine
(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca
REPORT RECOMMENDATION
That Planning and Environment Committee recommend that City Council approve the amendments as described in the Details of Recommended Zoning in Document 1, for lands shown in Document 2, to resolve an appeal to By-law 2008-250, and forward a by-law incorporating the required amendments to the Ontario Municipal Board.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les modifications telles que décrites sous Détails du zonage recommandé dans le Document 1, en ce qui concerne les terrains indiqués dans le Document 2, afin de résoudre les appels au Règlement 2008-250 et de transmettre un règlement incorporant les modifications requises à la Commission des affaires municipales de l’Ontario.
BACKGROUND
On June 25, 2008 City Council adopted the new Comprehensive Zoning By-law 2008-250 that affects all properties within the City of Ottawa. A total of 76 appeals were received, however 16 were disqualified, as the appellants had not made any submissions on the Comprehensive Zoning By-law prior to its adoption.
Appeal #46 submitted by Strandherd Meadows Inc. and Petro-Canada was objecting to the residential (R3Z) zoning of the lands under By-law 2008-250, located between Prem Circle and Moffatt Pond Circle, east of Strandherd Drive. Their position was that the zoning under By‑law 2008-250 should reflect the Ontario Municipal Board approved Official Plan amendment and zoning under the former Nepean Zoning By-law for commercial designation to permit a shopping centre and gas station, car wash and convenience store.
In 2003, the then-owners of the lands applied for an amendment to the former City of Nepean Secondary Plan to permit commercial development on the subject property. Council refused to approve the amendment on February 9, 2005 and the decision was appealed to the Ontario Municipal Board.
In its decision of April 21, 2006, the Ontario Municipal Board (OMB Decision 1165) ordered the re-designation of the lands from Residential to Commercial, with a maximum commercial development of 6,503.2 square metres.
On June 7, 2006 an application to amend the former City of Nepean Zoning By-law was submitted to change the zoning from Residential Mixed Use (RMU) to permit a commercial development including shopping plaza, a gas bar and a car wash, as well as convenience and drive-thru commercial uses. On September 11, 2007, City Council refused the proposed rezoning application and this was appealed to the Ontario Municipal Board.
On June 25, 2008, By-law 2008-250, the new Comprehensive Zoning By-law 100-2000, was adopted and reflected the RMU residential zoning for the lands of the former City of Nepean Zoning By-law by applying the R3Z, residential third density zone permitting detached to multiple attached dwellings.
A decision on the rezoning application under the former City of Nepean Zoning By-law was issued on January 27, 2009. The decision allowed the commercial zoning on all lands, but with certain restrictions to permitted uses and regulations.
However, in the meantime, a settlement was reached on the appeal with respect to the lands located south of Kennevale Drive, known as 199 Kennevale Drive, 755 Cobble Hill Drive, 300, 309 and 350 Moffatt Pond Court and 674 Limeridge where a small shopping centre originally had been proposed. An Official Plan amendment back to residential designation and zoning amendment to the R3Z[1701] zone, was approved by City Council on September 2, 2009, to allow a multiple attached dwelling development with reduced minimum lot area and lot widths.
DISCUSSION
The property affected by the outstanding appeal consists of two parcels of land on the east side of Strandherd Drive, between Prem Circle and Kennevale Drive (see Document 2), and known as 200 Kennevale Drive and 155 Prem Circle, and owned by Petro-Canada.
The Ontario Municipal Board has approved under the former City of Nepean Zoning By-law 100-2000 a CA-1, Commercial Automotive zone, with some exceptions for these lands. In the Zoning By-law, the CA-1 zone permits an automobile service station, a car-washing establishment and an automobile repair garage (minor). The zone contains a number of specific restrictions on the car-washing establishment (minimum lot size, setback from a residential zone, access and egress, landscaping requirements). The maximum lot coverage is 30 per cent, maximum building height is 7.7 metres, and minimum yard requirements of three metres or 1.4 times the building height where the yard abuts a residential zone, and where separated by a street from the residential zone, one half of the width of the street can be reduced from the minimum required yard. The Ontario Municipal Board decision approved this zone, permitting a convenience store and restaurant, take-out in conjunction with a gas bar, but not permitting an automobile repair garage, restaurant, fast-food and drive-through facility. A 10-metre landscape buffer will be required abutting the residential development which is adjacent to the property to the east. Along Prem Circle, there would be a required landscape buffer of two metres for the 22 metres east of Standherd, with the buffer being eight metres for the balance of the Prem Circle frontage.
It is recommended that this Ontario Municipal Board approved zoning be transferred into By‑law 2008-250 by applying the General Mixed-Use (GM) zone with a height limit of 7.7 metres, as was permitted in former City of Nepean Zoning By-law, and with a holding zone that does not allow the zoning to come into effect until a site plan control agreement has been finalized. The new zone would contain exceptions prohibiting all uses contained in the GM zone, other than for those uses permitted by the Ontario Municipal Board decision, and as listed in Document 2. Other provisions established by the Ontario Municipal Board regarding floor area limitations and landscape areas are also to be reflected in the exception; as well as a number of required modifications to the GM zone.
Approval of the recommendation in this report would permit the matter to be finalized by the Ontario Municipal Board.
CONSULTATION
The appellants affected by the changes noted in Documents 1 and 2 have been notified of the date of the public meeting.
COMMENTS BY THE WARD COUNCILLOR(S)
The Ward Councillor is aware of the recommendations in this report.
LEGAL/RISK MANAGEMENT IMPLICATIONS
This report provides for the implementation in the comprehensive zoning by-law of the settlement that was approved by Council on 2 September 2009.
FINANCIAL IMPLICATIONS
There are no financial implications associated with this report.
SUPPORTING DOCUMENTATION
Document 1 Details of Recommended Zoning
Document 2 Site-specific Lands affected Map
DISPOSITION
Regarding Recommendation 1, Planning and Growth Management Department to prepare the implementing by-law and forward to City Manager’s Office, Legal Services.
Legal Services to bring forward report and by-law to the Ontario Municipal Board.
DETAILS OF RECOMMENDED ZONING DOCUMENT 1
1. Amend Section 239 to create a new GM[xxxx]H(7.7)-h – General Mixed Use exception zone with a holding provision for the lands shown on Document 2, to read as follows:
Column IV – Land Uses Prohibited
All uses except for:
- convenience store
- gas bar
- restaurant, take-out
Column V – Provisions
- maximum floor area is 326.5 m2
- floor area for purposes of these provisions means the total area of each floor, whether located above, at or below grade, measured from the exterior of outside walls, including garbage enclosures, but excluding bicycle and motor vehicle parking;
- the restaurant, take out and convenience store uses must be ancillary to a gas bar; and neither use can be separate or unrelated to the gas bar;
- a minimum landscape area of 10 m in width must be provided where the lands zoned GM[xxxx]H(7.7)-h abut a residential zone
- a minimum landscape area is required adjacent to Prem Circle with a minimum width of 2 m for the first 22 m east of Standherd Drive, and beyond this point the minimum required width is 8 metres;
- the two blocks zoned GM[xxx]H(7.7)-h are considered to be one lot for zoning purposes;
- minimum building setback along Kennevale Drive – 3 metres;
- despite Section 187(4), storage of garbage may be in a garbage enclosure; and
- the “h” symbol will not be removed until a site plan control approval agreement has been finalized.
SITE-SPECIFIC LANDS AFFECTED MAP DOCUMENT 2
