Report to/Rapport au:

Planning and Development Committee/

Comité de l'urbanisme et de l'aménagement

and Council/ et au Conseil

26 April 2001 / le 26 avril 2001

Submitted by/Soumis par: Ned Lathrop, General Manager/Directeur général

Development Services Department/Services d’aménagement

Contact/Personne-ressource: Grant Lindsay, Manager, Development Approvals/

Gestionnaire, Approbation des demandes d’aménagement

244-5300 ext. 1-3242, grant.lindsay@city.ottawa.on.ca

Ref N°: ACS2001-DEV-APR-0119

SUBJECT: OFFICIAL PLAN AMENDMENT APPLICATION AND ZONING AMENDMENT APPLICATION - 1670 HERON ROAD

OBJET: DEMANDE DE MODIFICATION DU PLAN DIRECTEUR ET DEMANDE DE MODIFICATION DU RÈGLEMENT MUNICIPAL SUR LE ZONAGE - 1670, CHEMIN HERON

REPORT RECOMMENDATIONS

That the Planning and Development Committee recommend that Council:

1. Approve an amendment to the old City of Ottawa Official Plan to add a Site Specific Policy which will permit research and development uses and light industrial uses restricted to the assembly of high technology products within the Community Shopping Centre designation for 1670 Heron Road as detailed in Document 1, and;

2. Approve the application to amend Zoning By-law, 1998 of the old City of Ottawa to add research and development centre and light industrial use for 1670 Heron Road as detailed in Document 3.

RECOMMANDATIONS DU RAPPORT

Que le comité de l'urbanisme et de l'aménagement recommande au Conseil municipal:

1. d’approuver une modification au Plan directeur de l’ancienne Ville d’Ottawa afin d’ajouter une politique propre à un emplacement qui aura pour effet d’inclure les activités de recherche et de développement et les utilisations industrielles légères se limitant à l’assemblage de produits de haute technologie au nombre des utilisations permises aux termes de la désignation de centre commercial de quartier attribuée au 1670, chemin Heron, ainsi qu’il est précisé au document 1, et ;

2. d’approuver la demande visant à modifier le Règlement municipal sur le zonage de 1998 de l’ancienne Ville d’Ottawa afin d’ajouter les activités de recherche et de développement et les industries légères au nombre des utilisations permises au 1670, chemin Heron, ainsi qu’il est précisé au document 3.

BACKGROUND

The subject property, which is known as the Heron Gate Mall, is located west of the Heron Road and Walkley Road intersection, with frontage on both streets. Both streets provide vehicular access to the mall. The property is surrounded by low density residential to the north, medium density residential uses and a City park to the west, medium density residential uses and commercial uses to the south, and a commercial use to the east.

The applicants are requesting that “research and development centre” and “light industrial use, restricted to assembly of high technology products” be added as permitted uses within the existing CS1 F (1.0) zone. The owners have indicated that the mall has been struggling for a number of years, as have many similar sized community shopping centres, with respect to maintaining tenancy, due in large part to changing market conditions, and competition from newer “box” type retail establishments. The owners are seeking the rezoning in order to broaden the uses currently permitted within the zone while still maintaining the primacy of the community shopping centre function.

DISCUSSION

Recommendation 1

The subject property is designated Community Shopping Centre in the old City of Ottawa Official Plan. A shopping centre is defined as a group of retail and personal service establishments, which are grouped and managed as an operating unit. The advantage of grouping shopping centres with other uses in locations of mixed retail, service, office and community uses is recognized and supported, although the approximate mix of uses shall be determined on a site-specific basis. A Community Shopping Centre is defined as a shopping centre located outside the Central Area having between 10,000 square metres and 35,000 square metres of gross leasable floor area, as designated on Schedule A - Land Use. The maximum gross leasable area shall be established for each individual centre, within the above-noted range, on the basis of site-specific considerations.

The proposal is to adopt a Site Specific Policy with respect to the subject property to permit the establishment of a research and development centre and light industrial uses, restricted to the assembly of high technology products. As outlined above, the shopping centre is struggling, mainly with attracting and retaining tenants. The mall owners have indicated that the site’s location, relative to other shopping centres in the general area, such as South Keys Shopping Centre and St. Laurent Shopping Centre, have made these smaller centres less attractive for retailers. The applicants have argued that large department or food stores, which typically anchor community sized shopping centres, are no longer locating in these smaller plazas, which have many small multi-use tenants. The intent is to broaden the base of uses within this Community Shopping Centre designation, which would be complimentary and which would support the existing mix of uses within the mall, without undermining its service nature to the community. The nature of the proposed new uses, which in many cases require large space requirements, would be well suited to the mid-sized shopping centre format. The nature of the proposed uses, have many similar characteristics to uses currently permitted within shopping centres. In addition to employment generating uses such as offices, the proposed uses may include “work station” components, which require large floor areas, similar to department or food stores, in addition to having similar parking and loading characteristics. Further, the workforce would be able to utilize, support and help maintain the existing shops and services within the mall. Similar types of uses are located within the immediate area of the shopping centre. Employment generating uses such as those proposed, close to residential areas will allow residents to live, work and shop within a relatively short distance.

Recommendation 2

The site is currently zoned CS1 F (1.0). This is a shopping centre zone designation permitting community shopping facilities in areas designated as Community Shopping Centre and neighbourhood shopping centres in areas designated Residential Area in the local Official Plan. A variety of commercial uses are permitted in the standard CS1 zone. The CS1 F (1.0) is a subzone permitting library and theatre as additional uses, and club and nightclub if they are located within a shopping centre, in addition to modified performance standard regulations. Further, the floor space index, represented by the “F” suffix is one times the lot area.

The applicant is requesting to add two new uses to the shopping centre zone designation. The uses are research and development centre and light industrial use, restricted to the assembly of high technology products. As outlined above, the proposed uses are intended to be complementary to the existing uses within the mall and to assist in attracting and maintaining existing and new tenants. The proposal would retain the primacy of the shopping centre as a retail and commercial centre, by providing for a maximum limit on the amount of space the proposed new uses would occupy within the zone. The current range within the Official Plan for community shopping centres is between 10,000 and 35,000 square metres of gross leasable floor area. The existing shopping centre has a gross leasable floor area of approximately 18,765 square metres. In order to preserve the traditional retail and commercial mix associated with community shopping centres, and maintain the size range as outlined in the Official Plan, a maximum gross leasable floor area of 7,500 square metres shall be permitted, for the proposed new uses.

CONSULTATION

There were four responses to the public notification, which expressed both support and concerns respecting the proposal. The concerns range from the potential negative impact associated with the proposed uses to loss of retail space for the community. The Ward Councillor is aware of the application.

FINANCIAL IMPLICATIONS

N/A

ATTACHMENTS

Document 1 Proposed Amendment to City of Ottawa Official Plan

Document 2 Explanatory Note

Document 3 Details of Recommended Zoning

Document 4 Location Map

Document 5 Consultation Details

DISPOSITION

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

Department of Corporate Services, Secretariat Services, to notify the owner Carling Realty, c/o Oxford Management, 1700-120 Adelaide Street West, Toronto M5H 1T1,and agent Nancy Meloshe, 300-1365 Richmond Road, Ottawa K2B 6R7 .

Department of Development Services to write and circulate the implementing by-law.

Document 1

Official Plan Amendement ¦ Modification du Plan directeur

Land use

Utilisation du sol

INDEX

Page

THE STATEMENT OF COMPONENTS………………………………………….. i

PART A ‑ THE PREAMBLE

1.0 Purpose…………………………………………………………………….. 1

2.0 Location……………………………………………………………………. 1

3.0 Basis……………………………………………………………………….. 1

PART B ‑ THE AMENDMENT

1.0 Introductory Statement……………………………………………………. 2

2.0 Details of the Amendment………………………………………………… 2

3.0 Implementation and Interpretation………………………………………… 3

4.0 Schedules………………………………………………………………….. 4

THE STATEMENT OF COMPONENTS

PART A - THE PREAMBLE - introduces the actual Amendment but does not constitute part of the Amendment to the (former City of Ottawa) Official Plan.

PART B - THE AMENDMENT - the Text and Map contained in this part constitute the Amendment to the (former City of Ottawa) Official Plan.

PART A - THE PREAMBLE

1.0 Purpose

The purpose of Amendment No. ___ is to create a Site Specific Policy to permit a research and development facility and light industrial use, restricted to the assembly of high technology products to a maximum gross floor area of 7,500 square metres.

2.0 Location

The lands affected by the Amendment are located between Heron and Walkley Roads, and are known municipally as 1670 Heron Road.

3.0 Basis

The basis of the Amendment is as follows:

The basis of the amendment is to permit a broader range of uses within the existing Community Shopping Centre designation. The designation is intended to permit employment related uses while maintaining the primacy of the mall as a retail and commercial centre.

An amendment to the City’s Comprehensive Zoning By-law (By-law, 1998) is being reviewed concurrently with this Amendment. The proposed zoning amendment will provide the tools to limit the amount of research and development and light industrial use space within the mall, ensuring the mall retains its primary function.

PART B - THE AMENDMENT

1.0 The Introductory Statement

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

2.0 Details of the Amendment

The City of Ottawa Official Plan, is hereby amended as follows:

i) In Volume I, Schedule A - Land Use, is amended to add the symbol for Site Specific Policy (SSP) to the Community Shopping Centre designation between Heron Road and Walkley Road, as shown on Schedule ‘B’ attached hereto.

ii) In Volumes I and II, the Table of Contents is amended to add the following text under the heading SITE SPECIFIC POLICIES, immediately after the reference to 18.0.

’19.0 Heron Gate Mall’

iii) In Volume II, a new Site Specific Policy, entitled ‘ Heron Gate Mall’ which includes Figure 1.0 attached as Schedule “C” is added to the section Secondary Policy Plan/Site Specific Policies, immediately following Site Specific Policy 18.0. The text for this new Site Specific Policy is as follows:

19.0 Heron Gate Mall

19.1 Description of Area

These policy provisions shall apply to the lands located between Heron Road and Walkley Road, known as the Heron Gate Mall, as shown on Figure 1.0.

19.2 Establishment of research and development use and light industrial use restricted to the assembly of high technology products.

Notwithstanding its designation as a Community Shopping Centre on Schedule A - Land Use, research and development use and light industrial use restricted to the assembly of high technology products shall be permitted to a maximum gross floor area of 7,500 square metres. Said uses shall remain subordinate, in terms of development potential, to the existing functions permitted within the Community Shopping Centre designation for this site.

3.0 Implementation and Interpretation

Implementation and interpretation of this Amendment shall be made having regard as well to the applicable policies set out in Volume 1 - Primary Plan of the City of Ottawa Official Plan.

Explanatory Note Document 2

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW -2001

By-law Number -2001 amends Zoning By-law, 1998, the City’s Comprehensive Zoning By-law.

The applicants are proposing to add research and development centre and light industrial use restricted to the assembly of high technology products as permitted uses within the subject lands. The amendment affects the property known as Heron Gate Mall, located between Heron Road and Walkley Road. The lands are shown as the shaded area on the attached Location Map.

Current Zoning

The site is currently zoned CS1 F (1.0). This is a Shopping Centre zone designation permitting community shopping centres in areas designated as Community Shopping Centre and neighbourhood shopping centres in areas designated Residential Area in the local Official Plan. A variety of commercial uses are permitted in the standard CS zone. The CS1 F (1.0) is a subzone permitting library and theatre as additional uses, and club and nightclub if they are located within a shopping centre, in addition to modified performance standard regulations. Further, the floor space index, represented by the ‘F’ suffix is one times the lot area.

Recommended Zoning

The recommended zoning is to add research and development centre and light industrial uses, restricted to the assembly of high technology products as permitted uses with a new exception zone. The intent is to broaden the uses currently permitted within the zone in order to improve the overall viability of the mall, while still maintaining the primacy of the community shopping centre function. The total gross floor area of these uses cannot exceed 7,500 square metres.

Document 3

DETAILS OF RECOMMEDED ZONING

That the zoning for 1670 Heron Road be amended from CS1 F (1.0) to CS1 F (1.0) exception zone as follows:

1. That the following uses be added to the CS1 F (1.0) exception zone:

· research and development centre

· light industrial use, restricted to the assembly of high technology products

2. That the uses listed above be restricted to a combined maximum gross floor area of 7,500 square metres within the subject CS1 F (1.0) exception zone.

Location Map - Recommended Zoning Document 4

Consultation Details Document 5

CONSULTATION

Notification and consultation procedures were carried out in accordance with Early Notification Procedure approved by City Council of the former City of Ottawa for Official Plan and Zoning Amendments. The on-site information signs placed on the property gave information on the official plan and zoning applications, which are both subject to public notification.

Summary of Public Input

Four responses were received as a result of the public notification, which expressed both support and concerns respecting the proposal. The comments can be summarized as follows.

1. Is the site fully developed with respect to square footage and density, or is there room for expansion?

2. Who will occupy the space?

3. Are there any studies with respect to the impact on the mall, and will the proposal result in any further store closings?

4. There is a concern the proposal will drive out existing businesses, and will result in the loss of the shopping centre in its entirety.

5. What are the traffic impacts and will there be any increase in vehicular traffic, including cars and trucks?

6. Will there be shift work, weekend work, what is the number of employees and what are the delivery hours?

7. What is good for the financial well being of the mall is good for the community.

8. Will there be any environmental impacts, with respect to exhaust, other emissions, and noise?

9. Can the City get written guarantees to the type of work and environmental impacts?

10. There should be a complete environmental assessment.

11. The amount of time to comment and the information provided is inadequate.

12. Zoning must ensure the mall remains primarily as a retail shopping centre.

13. The proposal may be inconsistent with the surrounding community and incompatible with the original Official Plan and zoning.

Response

1. The site has a floor space index of one times the lot area. Therefore, a building within this zone could potentially have a gross floor area of one times the lot area, which is approximately 66,000 square metres in area. The existing building has a gross floor area of approximately 21,158 square metres.
2. While not an issue with respect to the approval of the zoning and Official Plan applications, a high technology company was proposed to locate in the subject building.
3. No studies were requested to assess the impact on the mall. No impacts were identified as a result of the technical circulation, and through discussions with the applicant and their consultant. The owners of the mall have requested the Zoning and Official Plan amendments, in large part due to the fact that the mall has been struggling for a number of years with respect to attracting and maintaining tenants. Staff is of the opinion that broadening the permitted uses within the subject site, as proposed in the subject applications, will assist in the overall viability of the shopping centre. The potential attraction of one of the new uses, it is believed, will improve the overall stability of the mall and its existing tenants, and minimize or halt the departure of any existing ones.
4. As outlined above, the intent of the proposal is to attract new tenants and maintain existing ones. There is proposed to be a maximum limit of building gross floor area for the proposed new uses, which is intended to maintain the supremacy of the retail/commercial function of the mall.
5. There is not anticipated to be any increase in traffic volume over what currently exists as a result of the subject proposal, as the parking rate is lower for the proposed uses. The existing parking rates for the shopping centre is 5 spaces for every 100 square metres of gross floor area, while the rate for industrial uses is 1 space for every 100 square metres of gross floor area.
6. Work in the high technology sector can be shift work, 24 hours a day, seven days a week. It is difficult to speculate on the number of employees, until an actual user comes forward. The applicant has indicated that hours of delivery would not occur between 11:00 pm and 7:00 am.
7. The applicant and staff believe that the subject applications will improve the financial viability of the mall, by allowing a broader mix of uses, which will complement and support existing uses, and provide additional employment opportunities for residents in the area.
8. The applicant has indicated that the proposed high technology uses are typically clean uses, insofar as noise, odour and emissions.
9. As outlined above, there is not anticipated to be any environmental impacts, and the uses within any zone are regulated under the zoning by-law.
10. The Department’s Planning, Environment and Infrastructure Policy Branch indicated they had no comments with respect to the applications.
11. The subject applications have followed the prescribed public notification requirements.
12. The zoning will ensure the mall remains primarily a retail shopping centre, as there is proposed to be a maximum limit of gross floor area for the new uses.
13. The area surrounding the shopping centre is a mix of commercial, residential and some light industrial uses. Therefore the proposal is not considered inconsistent with the original zoning and Official Plan.

APPLICATION TIMELINE STATUS

The applications, which were submitted November 21, 2000 (Zoning) and January 4, 2001 (Official Plan), were subject to a project management timeline, as recommended by the ‘A Better Way Task Force’. Subsequent to the submission of the Official Plan amendment application, the applications were processed within the established timeframe for Zoning amendment and Official Plan amendment applications.

COUNCILLOR’S COMMENTS

Councillor Peter Hume is aware of these applications.