2. ZONING - 1023 TERON ROAD
ZONAGE - 1023 CHEMIN TERON
That Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 1023 Teron Road from Local Commercial Subzone 7 (LC7), to Local Commercial Subzone 7, Exception XXXX (LC7[XXXX]) as shown in Document 1 and as detailed in Document 2.
Recommandation DU Comité
Que le Conseil approuve une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage du 1023, chemin Teron de Zone de commerces locaux, sous-zone 7 (LC7), à Zone de commerces locaux, sous-zone 7, assortie d’une exception XXXX (LC7[XXXX]), tel qu’illustré dans le document 1 et exposé en détail dans le document 2.
1. Deputy City Manager's report, Planning and Infrastructure, dated 17 February 2012 (ACS2012-PAI-PGM-0071).
2. Extract of Draft Minutes, Planning Committee meeting of 13 March 2012.
That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 1023 Teron Road from Local Commercial Subzone 7 (LC7), to Local Commercial Subzone 7, Exception XXXX (LC7[XXXX]) as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage du 1023, chemin Teron de Zone de commerces locaux, sous-zone 7 (LC7), à Zone de commerces locaux, sous-zone 7, assortie d’une exception XXXX (LC7[XXXX]), tel qu’illustré dans le document 1 et exposé en détail dans le document 2.
The subject site, 1023 Teron Road, is located in the Beaverbrook Community. The property is located on the east side of Teron Road, north of Beaverbrook Road and Penfield Drive and west of March Road.
The subject site is square in shape with a 63-metre frontage along Teron Road and an area of 0.40 hectares. The lot is developed with a commercial plaza that contains a convenience store, dry cleaner, restaurant and a vacant unit that was previously occupied by a retail use. Tom Thompson Park and Kanata Fire Station No. 1 are located immediately south of the site. A seniors’ housing complex and condominium townhouse enclave abut the site to the east and north respectively. The Beaverbrook Lane townhouse development is located opposite the site west of Teron Road. At the intersection of Beaverbrook Road and Teron Road is the Beaverbrook Centre - a larger commercial development that serves as the community’s commercial core. Today, it is occupied by local commercial and medical uses as well as by the Kanata Academy Private School, an instructional facility.
Purpose of Zoning Amendment
The purpose of the requested Zoning By-law Amendment is to rezone the property to permit an additional permitted use, specifically an instructional facility.
The property at 1023 Teron Road is zoned Local Commercial, Subzone 7 (LC7). The purpose of this zone is to allow a variety of small, locally-oriented convenience and service uses, as well as residential uses, in the General Urban Area.
The requested by-law amendment seeks to change the current zoning of the site to add, by exception, an instructional facility to the list of permitted uses. The instructional facility use would be capped in size at 310 square metres of gross floor area.
The proposed instructional facility use would allow for the existing vacant unit within the existing commercial plaza to be occupied by a Kumon Centre, a tutorial facility for school aged children.
Provincial Policy Statement
The Provincial Policy Statement (PPS) “provides policy direction on matters of provincial interest related to land use planning and development.” The long term vision is to maintain and promote strong liveable communities through wise planning decisions. The Ontario Planning Act legislation requires that decisions related to planning matters “shall be consistent with” policy statements issued under the PPS.
The subject proposal conforms to the PPS by developing within an already built-up area, making use of an existing building that is partially vacant, is well served by municipal infrastructure and transit and is providing a service to help maintain a strong and liveable community.
The subject site is designated as “General Urban Area” in the Official Plan, which permits a wide range of uses such as low- to high-density residential, retail, cultural, leisure, entertainment and institutional uses.
Staff conducted a thorough evaluation of the proposal both in terms of the site’s suitability for the requested use and the compatibility of the requested use with the surrounding uses and environment.
With respect to the suitability of the site for the proposed use, staff assessed the physical characteristics of the site itself as well as the availability of the existing municipal services infrastructure and road network to support the intended uses.
Access to the site will remain as it currently exists with two, two-way entrances off of Teron Road. The current configuration functions for proper vehicular flow and for safe pedestrian access on the sidewalk along Teron Road. Children accessing the site by foot have a safe crossing at the intersection of Teron Road and Beaverbrook Road. This intersection is 130 metres from the subject site, which is well within reasonable walking distance. Staff is satisfied that there is suitable and safe access to the existing site for both pedestrians and vehicles.
There are adequate municipal services to accommodate the proposed use and the parking area on the subject site has sufficient capacity to serve the proposed use.
Section 4.11 of the Official Plan outlines policies for compatible developments. The proposed development also has been reviewed based on these polices, namely, traffic, parking, and supporting neighbourhood services. The following key considerations have been applied to the proposed rezoning to determine whether the intent of the Official Plan is being met.
Traffic: Teron Road is classified as a Major Collector Road – the purpose of which is to create the link between local and arterial roads with a reasonably high volume of traffic. The posted speed limit in this area is 50km/hr. The Traffic Assessment Report submitted in support of the application identifies that approximately 38 total trips would be generated by the proposed instructional facility in the pm peak period which will have minimal impact on the operation of Teron Road. Roadway modifications will not be required. Staff accepts the conclusions of the report.
Parking Requirements: The parking requirement as per Zoning By-law 2008-250 for an instructional facility is 3.4 spaces per 100 square metres of gross floor area – the same requirement as the former retail use in that location. Based on the gross floor area of the proposed Kumon facility of 306 square metres, a total of 10 parking spaces would be required.
A total of 31 spaces would be required to accommodate the existing mix of uses and the proposed instructional facility. The site currently provides 47 parking spaces, all of which are to remain as useable parking spaces.
The Traffic Assessment Report that was submitted in support of the application provided a parking count at the subject site during the evening peak period. The report concluded that the parking spaces provided exceed what will be required by the existing uses combined with the proposed Kumon Centre.
Supporting Neighbourhood Services: The proposed use is a desirable local service and an amenity to those in the community. It is staff’s opinion that the proposed use, subject to a cap on the gross floor area, is of a reasonable scale to support the needs of the community.
Details of Proposed Zoning
The details of the recommended changes to the Zoning By-law appear in Document 2. The proposed zoning for the site is “Local Commercial, Subzone 7, exception XXXX”, (LC 7 [XXXX]) to permit an “Instructional Facility” to the list of permitted uses and capping its size at 310 square metres of gross floor area. The floor area restriction is deemed to be reasonable to maintain the mix of commercial uses that are currently at the site.
The proposed additional instructional facility use is suitable for the subject site, and conforms to Official Plan policies of compatibility. Also, the proposed Zoning By-law Amendment conforms to the general intent of the Official Plan and therefore, the Department recommends it be approved.
There are no rural implications associated with this report.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The City received a total of 10 comments in opposition to and in support of this application. A summary of the comments and staff response is outlined in Document 3.
Councillor Marianne Wilkinson is aware of and supports the additional use of an instructional facility for the subject site.
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk implications.
There are no direct financial implications associated with this report.
There are no accessibility issues associated with this zoning application.
There are no environmental issues associated with this zoning application.
There are no direct technical implications associated with this report.
The proposed development aligns with the City Strategic Plan in that it respects the existing urban fabric, neighbourhood form, and the limits of existing hard services, so that new growth is integrated seamlessly within an established community.
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.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
1. Rezone the subject property from LC7 to LC7[xxxx] as shown on Document 1.
2. Amend Section 239 - Urban Exceptions to add a new exception with provisions similar in effect to the following:
a) Further Permitted Use: instructional facility
b) Provision: -instructional facility limited to a cumulative maximum of 310 m2 gross floor area
CONSULTATION DETAILS DOCUMENT 3
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.
Several comments were received from residents in the area. They are summarized below with staff’s response:
Parking: Several residents expressed concern over the amount of parking for the site and felt that it would be inadequate for the existing and proposed uses. It was further suggested that the Kumon patrons should park to the rear of the building, so as not to eliminate ‘prime parking spaces’ in front of the existing uses.
Response: The number of parking spaces provided on the lot exceeds what is required by the Zoning By-law. The specific location of parking spaces for each unit is a matter to be dealt with between the tenant and the landlord.
Safety: Concern was expressed for the safety of the children accessing the building through the parking lot.
Response: Staff does not believe that this new use will create a safety issue for children accessing the building.
Future Expansion of Proposed Use: Concern was expressed about the possibility of the Kumon Centre expanding throughout the entire plaza in the future, which would eliminate the other uses that the neighbourhood relies on.
Response: Staff is not aware of plans for the Kumon Centre to expand in the future. Nonetheless, a cap to limit the maximum size of the instructional facility has been placed within the proposed Zoning By-law amendment in order to maintain a desirable mix of commercial uses on the site.
Support of the Use: Four comments were received either in support of or with no objection to the proposed use.
COMMUNITY ORGANIZATION COMMENTS
Kanata Beaverbrook Community Association (KBCA)
Comments were detailed in a comprehensive letter received from the KBCA. The main concerns are stated below.
1. “KBCA is particularly concerned about the safety of persons, particularly children, having to cross Teron Road during peak hours when there is no crosswalk and about children having to walk considerable distances in extreme weather to reach the appropriate bus or bus connection, as well as about vehicles trying to make turns during peak hours when there are 4 unsignalled accesses to Teron Road in the immediate area where pedestrians are trying to cross over Teron Road.”
Response: City staff has concluded that there is appropriate and safe access for pedestrians accessing the site via the signalized intersection at Teron Road and Beaverbrook Road.
2. “KBCA is concerned that the applicant can reassign or use existing parking spaces which have been allocated to the other occupants who have non-conforming rights to those spaces.”
Response: The allocation of parking spaces is a matter between tenants and the landlord. The City does not regulate such matters.
3. “KBCA is concerned about the adequacy of parking when high-intensity parking during peak hours may interfere with use for the existing occupants’ customers or with traffic on Teron Road, and where spillover parking may be on private condominium roads on Chisholm Court or Beaverbrook Lane.”
Response: The Traffic Assessment Report that was submitted in support of the application provided parking count details that indicate that there will be adequate parking available for the proposed use. Staff accept the report’s findings and conclusions.
4. “KBCA is concerned that adding “instructional facility” as a use at this location could result in more than one such facility being located there, and recommends that this should be limited to one use if the ZBLA is approved.”
Response: City staff agrees and has placed a cap on the maximum gross floor area for an instructional facility at 310 square metres.
ZONING - 1023 TERON ROAD
ZONAGE – 1023, CHEMIN TERON
That the Planning Committee recommend Council approve an amendment to Zoning By law 2008-250 to change the zoning of 1023 Teron Road from Local Commercial Subzone 7 (LC7), to Local Commercial Subzone 7, Exception XXXX (LC7[XXXX]) as shown in Document 1 and as detailed in Document 2.
Committee received a letter dated 16 January from the Kanata Beaverbrook Community Associtation (KBCA) a copy of which is held on file with the City Clerk.
Committee heard from the following public delegation:
Beata Myhill, KBCA, spoke in opposition to the report recommendation. By means of a PowerPoint presentation, she expressed the following concerns with the amendment to allow for a Kumon Centre on the subject property:
· The layout and location of the site posed safety concerns for the children in the parking lot and crossing Teron Road
· The parking lot is inadequate for the volume of traffic and parking.
· The traffic and parking impacts have been seriously underestimated and there has been inadequate traffic and parking analysis
· Some of KBCA’s comments were ignored in the staff report (as outlined in her presentation)
A copy of Ms. Myhill’s presentation is held on file with the City Clerk.
Bill Holzman, HCL, was present for the applicant in support of the application and staff’s recommendations. He noted that the proposed use and the proposed use met the purposes of the Local Commercial Zone, suggested the end-unit location was suitable and safe. He noted that there was 52 per cent excess parking on the site. He further noted the size of the facility would be limited in direct response to community concerns. He pointed out that the facility was relocating from elsewhere on Teron Road, where it had been established for more than 10 years.
The report recommendation was put to Committee and CARRIED, as presented.