6.             ZONING - 2820 NAVAN ROAD






Committee recommendation as amended


(This matter is Subject to Bill 51)


That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2820 Navan Road from Development Reserve (DR) to Minor Institutional Zone, Exception xxx (I1[xxx]), as shown in Document 1 and detailed in Document 2, as amended to read: “Day care, to a maximum of 600 square metres” (rather than 300 square metres); and


that there be no further notice pursuant to Section 34 (17) of the Planning Act.



Recommandation MODIFIÉE 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 2820, chemin Navan de Zone d’aménagement futur (DR) à Zone de petites institutions assortie d’une exception (I1 [xxx]), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2, modifié en ces termes : « Garderie, jusqu’à 600 mètres carrés » (au lieu de 300 mètres carrés).


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





1.      Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 25 July 2011 (ACS2011-ICS-PGM-0158).


2.      Extract of Draft Minutes 18, Planning Committee meeting of 15 August 2011


Report to/Rapport au :


Planning Committee

Comité de l'urbanisme


and Council / et au Conseil


25 July 2011 / le 25 juillet 2011


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 : Derrick Moodie, Acting Manager/Gestionnaire intérimaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134  Derrick.Moodie@ottawa.ca


Innes (2)

Ref N°: ACS2011-ICS-PGM-0158




ZONING - 2820 Navan Road (FILE NO. D02-02-08-0016)




ZONAGE – 2820, chemin NAvan





That Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2820 Navan Road from Development Reserve (DR) to Minor Institutional Zone, Exception xxx (I1[xxx]), as shown in Document 1 and detailed in Document 2.




Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 2820, chemin Navan de Zone d’aménagement futur (DR) à Zone de petites institutions assortie d’une exception (I1 [xxx]), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.





The site is located on the south side of Navan Road, east of Orleans Boulevard. The total area of the site is 1370.49 square metres with approximately 33.84 metres of frontage along Navan Road.


A single detached dwelling is currently located on the site and will be removed in order to accommodate the proposed development. The age of the dwelling is estimated at between 50 to 60 years, however is not listed or designated as a heritage building. It appears to be in reasonable condition from the exterior, however, no formal assessment has been made regarding the overall condition of the building.


Two accesses are currently provided to the site. The site slopes from the north to south of the site, with the front of the property approximately 6.0 metres higher than the back portion. A cedar hedge is currently located along a portion of the east and west lot lines and a variety of landscaping is located throughout the remainder of the site.  Surrounding land uses are residential uses to the north, south and east and NCC lands to the west.


Purpose of Zoning Amendment


A rezoning has been requested in order to accommodate a day care centre. The total floor area proposed is 298.18 square metres with the administrative offices and the gymnasium on the main floor and five classrooms on the lower level. Owing to the grade change, the building will appear as a one storey building from Navan Road, however, there will be two storeys at the rear of the building. Two abutting play areas are proposed behind the building, to serve different age groups, of 170 square metres each. Ten parking spaces are proposed in front of the building with bicycle parking proposed adjacent to the entrance.


In order to accommodate the proposal, the applicants have requested a day care as a permitted use on the subject property.


Existing Zoning


The existing zoning is Development Reserve (DR) in Zoning By-law 2008-250. This zone permits a limited range of uses which will not preclude future development options of the lands. A day care centre is not permitted.


Proposed Zoning


The proposed zoning is to permit a day care centre, subject to site specific provisions.


A ‘day care’ as defined by Zoning By-law 2008-250 is a ‘place providing temporary care for any individual for a continuous period not exceeding twenty-four hours, but does not include the services of a health care practitioner’.




Official Plan


The site is designated General Urban Area in the Official Plan. It is adjacent to the Greenbelt Boundary to the west and the Developing Community of the East Urban Community to the south.

The General Urban Area permits a full range and choice of housing, in combination with conveniently located employment, retail, service, cultural, leisure, entertainment and institutional uses in order to facilitate the development of complete and sustainable communities.


Day Care Use


Existing residential uses are located close to the proposed day care site and the East Urban Area is continuing to develop. The proposed use is anticipated to provide a service to the local community.


The building mass respects the built character of the area, as it will appear as a single storey building from the road. Through site plan, the architectural form will be reviewed to ensure appropriateness in design. The elevations are approved as part of the site plan control agreement and any changes are subject to review by the City.


Buffering between the subject site and abutting sites is currently provided by a cedar hedge along portions of the east and west property lines. In order to ensure privacy to the neighbouring residential property, to reduce the impact of noise and headlight glare and prevent access to the abutting National Capital Commission lands, the development will require a landscaped buffer along all property lines. The minimum height required is 1.5m along the west and south and 1.8m along the west, to recognize the existing abutting residential use. Opaque screening is recommended along the eastern property line, abutting the residential use. If the cedar hedge is removed in the future, it will be required to be replaced by other landscaping or fencing. The playground areas are buffered by the existing cedar hedges at the property line and will be further enclosed by fencing.


Decreased side yard setbacks, from the required 7.5 m, have been requested. On the west side, a 1.0m setback is appropriate; given the buffering to be provided and that it will not abut a residential use. The side yard setback on the east side is proposed to be reduced to 7.1m. Buffering will be required along the common property line to mitigate the decrease in setback.


The eventual alignment of Brian Cobourn Way (Blackburn Hamlet By-pass Extension) and the Cumberland Transitway will be located to the south of the subject property. The site is in proximity to an area being investigated for an interim/permanent park and ride facility. At that time, Navan Road will be dead-ended east of the existing intersection with the By-pass and west of Orleans Boulevard, rendering this portion of Navan Road as a local road. The development of the proposed facility at the subject site is not anticipated to impact the overall transportation plan for this area and the road network is able to accommodate the anticipated traffic.


No changes to the parking requirements have been requested, therefore parking is to be provided at a rate of two spaces per 100 square metres and the required six spaces are able to be accommodated on the site. It is anticipated that the majority of the vehicles will be on the premises for a short term to drop off and pick up children.



The site is currently serviced by municipal water and an on-site private sewage system. The Official Plan recognizes that some pockets of development exist on private services within the Public Service Area. Development may be permitted provided that it can be demonstrated that the development:


a)                  is proposed in a circumstance where public services are not currently technically or reasonably available;

b)                 can be adequately serviced by private individual services in accordance with Section 4.4 of the Official Plan; and

c)                  will not compromise the longer-term development of the area on public services.


The Ottawa Septic System Office (OSSO) has reviewed and approved the septic system permit application for the proposed use. Should municipal servicing be provided to the site, it would most likely be provided from the existing subdivision to the north, at the expense of the Owner and subject to capacity in the system.


Further Approvals


A concurrent site plan application was submitted (D07-12-08-0013) and a number of items are required to be addressed prior to site plan approval. Significant landscaping is to be provided in front of the site to maintain the residential character of the area and to provide a buffer for the proposed parking area from Navan Road. A minimum landscaped strip of 3m is to be provided, as per the Zoning By-law.


Solid waste management is shown at the south east corner of the building, and the vehicles will have their own access on the east side of the building. Although this driveway is buffered by an existing cedar hedge, it is recommended that this access be eliminated and solid waste services provided from the parking lot. This would eliminate the existing driveway and provide an increased buffer with the adjacent residential use. Although a loading space is not required due to the proposed size of the building, one has been shown at the front of the building. This could be converted to a parking space or additional landscaped area.


Site lighting will also be reviewed through the site plan process to ensure that any lighting will not spill over a property line greater than 0.5 foot candles.




It is appropriate to remove the site from a Development Reserve zoning as a specific proposal is now contemplated. However, further institutional uses beyond a day care are not appropriate, as no information has been provided regarding the capacity of the septic system. A single detached dwelling and a home based business are both appropriate uses, given the present residential use.

In conclusion, approval of the proposed amendment is recommended in that the zoning will appropriately limit the non-residential uses on the site to a day care centre, subject to specific conditions. The details of the development are still subject to further revisions through the site plan control process.




There are no impacts anticipated to the rural community.




Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. 


Three written submissions were made expressing concern regarding the proposal. A summary and discussion of the concerns is provided in Document 3.




The Ward Councillor is aware of this application and provides the following comment:


‘…if the use can be accommodated by the services including parking requirements, then I would be supportive.’




There are no legal implications associated with this report.




There are no risk implications.




There are no direct financial implications associated with this report.




There are no environmental implications of the proposal. The septic system will require a permit from the Ottawa Septic System Office at the time a building permit is issued.







In accordance with the City’s Strategic Plan, the proposal respects the existing urban fabric.




The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the requirement for further information regarding the septic system.




Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    Consultation Details




City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON  K1Z 8B5, 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.

LOCATION MAP                                                                                                DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                    DOCUMENT 2


Proposed Changes to the Comprehensive Zoning By-law

a)    The subject lands shown in Document1 be rezoned from DR to I1[xxx].


b)   A new exception, I1[xxx] be added to Section 239-Urban Exceptions to include the following provisions:


        i.            The uses listed under subsection 169(1) are not permitted and only the following uses are permitted;

Day care, to a maximum gross floor area of 300 square meters

Existing detached dwelling

Home based business, subject to Section 127

Home based day care, subject to Section 129


      ii.            The provisions of Table 170A apply with the exception of the following:

Minimum side yard setback, west property line: 1.0m

Minimum side yard setback, east property line: 7.1m


    iii.            A landscaped buffer a minimum height of 1.5 metres is to be provided along the west and south property lines.


    iv.            An opaque screen a minimum height of 1.8 metres is to be provided along the east property line.




CONSULTATION DETAILS                                                                             DOCUMENT 3




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.



Correspondence was received from three residents in the community. Their comments are summarized as follows:


1.        Concern regarding the proposal taking away from the residential character of the area.

2.        Impact on the traffic as a result of the proposal and a decrease in safety for pedestrians


Response to Public Comments

1.        Through site plan control, the City will be reviewing the proposal and providing comments regarding the architecture of the building to ensure that the building will incorporate residential elements.


2.        The increase in traffic is anticipated to be able to be accommodated by the existing and proposed road network. This section of Navan Road will be a local road in the future.





ACS2011-ICS-PGM-0158                                                                           INNES (2)


(This matter is Subject to Bill 51)




That Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2820 Navan Road from Development Reserve (DR) to Minor Institutional Zone, Exception xxx (I1[xxx]), as shown in Document 1 and detailed in Document 2.


The Committee received the following written submissions, copies of which are held on file with the City Clerk:

                     E-mail dated 14 August 2011 from Kevin and Camille Kemp

                     E-mail dated 12 August 2011 from Anton Scheier, Beverely McKeown and family

                     E-mail dated 11 August 2011 from Kirk and Shannon Bradley


Marc Labrosse, Vice Hunter Labrosse, was present for the applicant in support of the application, and in support of the below-noted technical amendment.  





Moved by Councillor R. Bloess:


WHEREAS the Details of Recommended Zoning listed as Document 2 of the staff report incorrectly identifies the gross floor area of the proposed building as 300 square metres.


AND WHEREAS each floor is approximately 300 square metres, but the proposed building is two storeys, so the maximum floor area should actually be 600 square metres.


THEREFORE BE IT RESOLVED that the zoning schedule contained in Document 2 of the staff report be amended to read: “Day care, to a maximum of 600 square metres” (rather than 300 square metres). The rest of the recommendation remains unchanged; and



That there be no further notice pursuant to Section 34 (17) of the Planning Act.




The report recommendations were put to Committee and CARRIED, as amended.