5. ZONING – 700 EAGLESON ROAD, 100 AND 130 MICHAEL COWPLAND DRIVE
ZONAGE – 700, CHEMIN EAGLESON, 100 ET 130, PROMENADE MICHAEL COWPLAND
(This matter is Subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning for 700 Eagleson Road and 100 and 130 Michael Cowpland Drive as shown on Document 1 by amending Exception 1198 and adding to the existing zoning Schedule XXX as detailed in Documents 3 and 4.
Recommandation du comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 700, chemin Eagleson et des 100 et 130, promenade Michael Cowpland, comme il est indiqué dans le Document 1, en modifiant l’exception 1198 et en ajoutant au zonage actuel une annexe XXX, comme il est expliqué en détail dans les Documents 3 et 4.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 8 March 2011 (ACS2011-ICS-PGM-0071)
That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning for 700 Eagleson Road and 100 and 130 Michael Cowpland Drive as shown on Document 1 by amending Exception 1198 and adding to the existing zoning Schedule XXX as detailed in Documents 3 and 4.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 700, chemin Eagleson et des 100 et 130, promenade Michael Cowpland, comme il est indiqué dans le Document 1, en modifiant l’exception 1198 et en ajoutant au zonage actuel une annexe XXX, comme il est expliqué en détail dans les Documents 3 et 4.
The subject site is located on the south west corner of Eagleson Road and Michael Cowpland Drive in the Kanata South Business Park. The site is described as 700 Eagleson Road, 100 and 130 Michael Cowpland Drive.
The entire site has frontage along Eagleson Road, and on Michael Cowpland Drive, and has a lot area of 56,200 square metres. The process of site redevelopment began in 2005 as a result of Zoning By-law 2006-378, which rezoned the back portion of the property shown as Area B on Document 1 from light industrial and business park uses to general commercial uses under the former City of Kanata Zoning By-law. Site Plan control approval was granted in 2007 and 2008 for the removal of a portion of the existing retail plaza located at 700 Eagleson Road and the construction of four new retail buildings. The first phase of redevelopment included the construction of a Shoppers Drug Mart and a two-unit retail building abutting Eagleson Road. The second phase of redevelopment received site plan control approval in 2008 for two additional retail buildings and the relocation of the site entrance on Michael Cowpland Drive. A site plan application was approved in 2010 to allow for the construction of two roadway connections through the hydro corridor, to allow for a vehicular and pedestrian connection to the Great Canadian Superstore located on the southern side of the corridor. The first vehicular connection has been constructed and is currently operational. The buildings recently have been constructed and are occupied with a variety of retail uses. The cumulative total floor area of all five buildings is 7765 square metres. The site currently accommodates 388 parking spaces on site in accordance with the Zoning By-law. The surrounding properties encompass a variety of land uses, including light industrial, office, other retail uses, a hydro corridor, and detached homes within the Bridlewood community situated immediately to the east of Eagleson Road that divides the community from the business park. A conceptual site plan for the subject site showing both existing and proposed buildings has been included as Document 2.
The subject site is located in the Hazeldean Pumping Station catchment area which includes the Kanata South Business Park. As a result, the site is subject to a proposed holding zoning by-law (2010-231) which is currently subject to Ontario Municipal Board Appeal. The proposed holding zone as adopted by Council pertains to sanitary servicing capacity constraints at the Hazeldean Pumping Station. The subject rezoning does not propose to remove the proposed holding zone from the subject site. Sanitary capacity allocations for the subject site will be reviewed through site plan approval process.
The current zoning in effect over the site is Arterial Main Street, Urban Exception  H (22) and General Mixed Use, Urban Exception  H(22). Both existing zones allow for a variety of uses including retail, office and residential uses. The Arterial Mainstreet Zone contains specific use and site design requirements intended to implement the Mainstreet policies as outlined in Section 3.6.3 of the Official Plan. The Arterial Mainstreet policies apply to the portion of the site known as 700 Eagleson Road. There are specific restrictions included in Urban Exception 1198, which require office space on site, control site design, and restrict the cumulative total gross floor area.
The maximum permitted gross floor area for all on site uses is 18500 square metres. All uses other than office are limited to a cumulative floor area of 13855 square metres.
The applicant is proposing to expand the existing shopping centre, by developing an additional 4710 square metres of non-office space on the site, including a proposed fitness centre, for a total of 12475 square metres of non-office space. However, the Zoning By-law requires that an additional 4645 square metres of office space be provided on the subject site prior to the construction of additional non-office space beyond a 10000 square metre threshold. There is currently 7765 square metres of non-office use floor area on site. Therefore, the applicant can only construct up to an additional 2235 square metres of non-office space prior to the requirement to construct the 4645 square metres of office space. As a result, the applicant is proposing to amend Urban Exception 1198 to eliminate this requirement.
As a result of the consultation with the community and upon the input of staff, the owner now proposes a revised amendment. The revised amendment proposes a new schedule and provision in Urban Exception 1198 to prohibit all non-office uses on Area B, until such time as the owner is able to provide 4645 square metres total cumulative gross floor area of office space on the site. The existing non-office space cap is to be eliminated from Urban Exception 1198 and Schedule XXX introduced, as detailed in Document 3 and as shown in Document 4, to ensure that office space is provided on site. The amendment proposes that additional office and residential floor space above the 18500-square metre limit, be permitted, provided it is located above commercial space. A drive-through facility is also proposed to be added as a permitted use, to recognize two existing drive-through facilities located on-site, and to allow for future drive-through facilities. Other minor modifications to performance standards for the site are proposed to recognize existing site situations, and to ensure that future site development goals are met.
Planning Act and Provincial Policy Statement
Section 2 of the Planning Act outlines those land use matters that are of provincial interest, for which all City planning decisions shall have regard. The provincial interest that applies to this situation is the adequate provision of employment opportunities. In addition, the Planning Act requires that all City planning decisions be consistent with the Provincial Policy Statement (PPS), a document that provides further policies on matters of provincial interest related to land use development. Section 1.3 of the PPS addresses employment areas. Specifically, planning authorities are to promote economic development and competitiveness by providing an appropriate mix and range of industrial, commercial and institutional uses in employment areas to meet long term needs. In addition, municipalities are to provide opportunities for a diversified economic base by supporting a wide range of economic activities and ancillary uses.
The proposed use of the subject site for a mix of commercial and office uses meets the intent of both the Planning Act and the Provincial Policy Statement on the basis that the commercial uses support employment and foster a diversified local economy.
The subject site is designated Enterprise Area on Schedule B of the Official Plan.
The Enterprise Area designation allows for a variety of industrial and employment generating uses such as warehousing and distribution, manufacturing, communications, storage, construction, office, institutional, and research and development uses. Enterprise areas also allow for a variety of complementary uses such as recreational, health and fitness uses, childcare and service commercial uses. The subject site has been zoned and partially developed for commercial uses, intended to serve both the needs of the Kanata South Business Park and the surrounding residential community.
The entire site is also subject to the Arterial Mainstreet Policies of the Official Plan, including the applicable design review criteria and objectives. The intent of the Arterial Mainstreet designation is to plan for a mix of uses and create the potential for evolution, over time, into more compact, pedestrian-oriented and transit friendly places. The Official Plan encourages intensification along Mainstreets. Any new development to be located in the Arterial Mainstreet Zone shown as Area A on Document 1 shall be designed in conformity with the requirements of the Arterial Mainstreet policies. The existing and proposed zoning provisions contemplate and allow for re-development of Area A on Document 1.
Prior to proceeding with the next phase of retail development, the applicant has requested that the existing site-specific office space requirement applicable to the entire site be eliminated, thereby removing the 10000-square metre cap on non-office floor space, to permit the development of an additional 3855 square metres of non-office floor space. However, the following rationale is provided in support of replacing the current 10000-square metre threshold by means of a schedule and associated provisions, to ensure that sufficient space on site is set aside for future office space.
The proposed removal of the non-office floor area cap is not anticipated to have an impact on the vacant employment lands in the Kanata South Business Park, on the basis that the zoning amendment is site specific and the site is already zoned for non-office uses. The proposed amendment should not impact any other sites in the business park, and in staff’s opinion, is not expected to impede the ability of the business park to attract additional employment. The proposed allowance of non-office uses beyond the existing threshold is intended to complement the existing uses in the business park, and not to limit future employment opportunities in the form of office space development. Moreover, Area B on Document 4 is intended to be reserved for office uses. The zoning will prohibit all other uses on Area B, until such time as the owner is able to provide 4645 square metres of office space on the site.
An analysis of employment and employment potential on vacant lands in the Kanata South Business Park was undertaken in support of this application. According to the City’s last Employment Survey of 2006, there were 1532 jobs and 71 employment locations in the Kanata South Business Park. These figures demonstrate a considerable number of jobs have already been achieved in the Kanata South Business Park.
It is anticipated that upon completion of all non-office and office space on the subject property, an additional 346 jobs will be created, for a total of 568 on-site jobs. It should also be noted that based on the draft “Inventory of Vacant Industrial and Business Park Lands 2008-2009 update”, there are approximately 40 hectares of land zoned for the Kanata South Business Park that remains undeveloped. Based on these figures it is clear that there is sufficient vacant land to ensure that the City’s target for Enterprise Areas of 2000 jobs is achieved if not exceeded.
Traffic and site circulation are also not a concern, as the proposed amendment to the non-office cap is not anticipated to generate traffic in excess of what the site was designed to accommodate based on the existing zoning. No new uses are being introduced; only the timing of uses is being considered. A traffic brief will be required as part of the site plan control application for the next phase of development. This brief will assess any potential impacts of the proposed on-site development on the existing road network.
The readjustment of the existing non-office cap for the site meets the intent of the Official Plan and Zoning By-law on the basis that no change of use is proposed. The applicant is only proposing to allow for non-office uses to develop regardless of the timing for the provision of office uses. The proposed schedule (Schedule XXX) ensures that office space shall be constructed on site in accordance with the Enterprise Area policy direction, but will not limit the development of the retail portion of the site at the present time. It is staff’s opinion that the proposed amendment to the non-office cap is suitable for the subject site on the basis that the uses are already permitted for the subject site, and measures have been taken in the subject exception to ensure that office space will be provided on the subject site. The provision of office space has not been eliminated, but greater flexibility in terms of the timing for construction of the office component has been provided. There is sufficient parking and access to the site for the existing uses, and future non-office and office phases will be subject to site plan approval.
Details of Proposed Zoning
In order to ensure sufficient space on site is set aside for future office uses, Area B on Schedule XXX does not allow for any uses other than office, until such time as a total cumulative gross floor area of 4645 square metres of office space has been provided anywhere on site. If and when the owner provides a total cumulative gross floor area of 4645 square metres of office space, other non-office uses will then be permitted on the rear portion of the site (Area B, Schedule XXX) provided the maximum of 13855 square metres of floor area allowed for other uses is not exceeded. To ensure the Enterprise Area policy direction for employment generating uses is respected, and retailing remains ancillary to the primary function of the Kanata South Business Park, staff recommend the aforementioned approach. This approach does not preclude the construction of office space in Area A on Schedule XXX, but simply ensures that Area B remains available for office space if none is provided on Area A.
Staff also recommend that no parking spaces for uses located on Area A, with the exception of office space, shall be located on Area B. This will ensure that Area B does not become a parking area, and may be left in a vacant state until such time as the construction of office space is viable for the owner. A total of 388 parking spaces is currently provided on site. At the time of site plan approval, staff will ensure that sufficient parking is provided for the uses proposed. The applicant is not proposing any amendments to parking requirements for the subject site.
It is recommended that provisions to allow for additional office and residential space above the maximum gross floor area of 18500 square metres for all on site uses be added, provided this space is only located above the ground floor of a building and is located above other permitted uses. This is intended to help reinforce the mixed use intent of the Arterial Mainstreet policies, while at the same time achieving the Enterprise Area policy intent to encourage a mix of office and residential uses. If additional floor space is proposed, it will still be required to meet the floor space index for the subject site, and must conform to setback, height and parking requirements.
In order to recognize existing on-site buildings and uses, and to allow for appropriate development of future buildings on site, the following use and additional performance standards are proposed.
Staff recommend that a drive-through facility be added as a permitted use for the subject site. There are two existing drive-through facilities located on site, which were developed under the former General Commercial Special Exception 2 Zone of the former City of Kanata. Both the parent AM and GM Zones allow for drive-through facilities provided they are designed in accordance with section 112 of the Zoning By-law. The applicant would like the ability to construct an additional drive-through facility in the future. The use is appropriate for the subject site on the basis that it is located adjacent to an Arterial road and is located in two mixed use commercial zones. The use meets both the intent of the Official Plan and the Zoning By-law. A provision to limit the location of a future drive-through facility, to a distance of 20 metres from Eagleson Road, has been included. This will ensure that aesthetic standards as outlined in the Arterial Mainstreet guidelines are achieved.
A reduced minimum corner side yard setback of 2.0 metres is proposed for the GM SXXX Zone. This is required to reflect the existing Home Hardware building, which is partially located in both the AM and GM zones. The AM Zone requires a minimum corner side yard setback of 0.0 metres, as such the portion of the Home Hardware building located in the AM zone is in compliance with the zoning by-law. A small portion of the building is located within the 3.0‑metre setback currently required in the GM Zone. Therefore it is proposed that the corner side yard setback be reduced from 3.0 metres to 2.0 metres to recognize this building. The reduction is also intended to encourage the location of any future buildings on Area B of Schedule XXX closer to Michael Cowpland Drive. This will also ensure greater consistency along the length of the site, as the existing buildings in the AM zone have been constructed closer than 2.0 metres to the lot line.
It is staff’s opinion that the proposed uses conform to the relevant Official Plan policies and also meet the general intent of the AM and GM Zones, which allow for a range of retail and office uses. The intent to achieve 4645 square metres of office on site can be maintained without the use of retail thresholds. Schedule XXX has been introduced to ensure that a minimum of 4645 square metres of total gross floor area of office space can be accommodated at the rear of the site, if it has not been incorporated into the site as a whole.
Staff recommend the proposed amendment to the Zoning By-law be approved.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City did not receive any negative comments or opposition to this application. Document 5 outlines the comments received as a result of Public Notification.
The Ward Councillor is aware of the subject application.
There are no legal/risk management implications associated with this report.
The proposed rezoning meets the intent of the City’s strategic plan which promotes the development of existing employment lands to create new jobs and minimize infrastructure costs. The proposed elimination of the retail threshold for the subject site should not undermine the desired development of existing employment lands to promote job creation and minimize infrastructure costs.
Document 1 Location Map
Document 2 Conceptual Site Plan
Document 3 Details of Recommended Zoning
Document 4 Schedule XXX
Document 5 Consultation Details
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.
Planning and Growth Management 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.
CONCEPTUAL SITE PLAN DOCUMENT 2
DETAILS OF RECOMMENDED ZONING DOCUMENT 3
1. Rezone the lands shown on Document 1 by adding to the existing zone codes Schedule XXX.
2. Amend Column V of Schedule 1198 of Section 239 - Urban Exceptions by deleting the following text:
maximum gross floor area in the  exception zone:
(1) when one or more permitted use is provided, excluding an office -10,000 square metres;
(2) when one or more permitted use is provided, including offices with a combined gross floor area of at least 4,645 square metres -18,500 square metres”;
and inserting text similar in effect to the following:
- maximum total cumulative gross floor area for all uses: 18,500 square metres
- maximum total cumulative gross floor area for all uses other than office uses: 13,855 square metres
– the maximum cumulative total gross floor area of 18,500 square metres does not apply to office and residential uses that are:
i) In a building containing only commercial uses on the ground floor; and,
ii) Located above the ground floor
- in Area B on Schedule XXX all uses other than office uses are not permitted unless the gross floor area of office uses already provided on the lands shown on Schedule XXX is at least 4,645 square metres.
- except for office uses, no parking spaces for uses located on Area A may be located on Area B on Schedule XXX. Office uses are exempt from this requirement.
- no queuing lane, drive through window or order board used as part of a drive through facility may be located within 20 metres of the front lot line (excluding any existing drive through facilities).
- minimum corner side yard setback in the GM SXXX Zone: 2.0 metres
- minimum width of landscaped area abutting a street in the GM SXXX Zone: 2.0 metres
3. Amend Column IV of Exception 1198 of Section 239 – Urban Exceptions by adding the following use to the list of permitted uses:
“- drive through facility”
4. Add to Part 17 - Schedules Document 4 as Schedule XXX.
SCHEDULE XXX DOCUMENT 4
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
Bridlewood Community Association
The following comments were provided in response to the initial zoning amendment proposal:
The zoning bylaw request is to eliminate the planning restriction on the site which caps retail development to 10,000 square metres, until such time as an additional 4,645 sq m of office space is built, after which the total site can be developed to a maximum of 18,500 sq m of floor area (both office and retail). The Developer wishes to build a freestanding retail building of 4,170 square metres which then would exceed the 10,000 sq m retail threshold by 2,389 sq m resulting in a total immediate retail build of 12,389 sq m.
The Bridlewood Community Association (BCA) has reviewed the amendment proposal and we propose a compromise. We would like to have "Urban Exception 1198" amended to increase the current retail cap from 10,000 square metres to 12,389 square metres and thus allow the proposed new retail building to proceed. Furthermore, the office space requirement of 4,645 square metres would remain but would take effect after the 12,389 square metre site new cap is reached.
Staff have worked with the applicant and the community associations comments to develop an acceptable approach in keeping with the intent of the Enterprise Area designation. Staff looked at the option of shifting the retail threshold for the subject site. Based on the intent of the Enterprise Area, and the Zoning for the subject site, staff recommend an alternate approach, which allows for the full build out of retail uses, but ensures that the rear portion of the site is reserved for future office space, if it has not been provided for as part of the overall retail development.
The Bridlewood Community Association has advised of the revised approach.
Glen Cairn Community Association
No concerns with the proposed Zoning By-law amendment were raised.