Report to/Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

and Council/et au Conseil

11 March 2003 / le 11 mars 2003

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

580-2424 ext. 13242, grant.lindsay@ottawa.ca

Ref N°: ACS2003-DEV-APR-0063

SUBJECT: ZONING – 5 STARWOOD RD

OBJET: ZONAGE – 5 CHEMIN STARWOOD

REPORT RECOMMENDATION

That the Planning and Development Committee recommend Council approve the application to amend the former City of Nepean Zoning By-law to establish an exception for the Community Commercial – CC Blk 12 Zone for the property at 5 Starwood Rd, as detailed in Document 2 to permit a mixed use development.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil d’approuver une demande visant à modifier le Règlement municipal sur le zonage de l’ancienne Ville de Nepean afin d’établir une exception à la désignation de zonage actuelle (zone commerçante de quartier – CC Blk 12) de la propriété située au 5, chemin Starwood afin de permettre un aménagement à vocation mixte, comme le précise le document 2.

BACKGROUND

The site is located about 70 m west of the intersection of Starwood and Clyde Avenue, said intersection being 250 m. south of the intersection of Clyde and Baseline Road.

The subject site is currently located within a Commercial – CC Block 12 Zone on Schedule B6, which permits retail uses but does not permit residential uses.

An exception to the current zoning is requested to permit a two-storey building with retail commercial on the ground floor and one residential dwelling unit on the second floor. Modifications to the performance standards relating to setbacks, height and parking are also requested as part of the exception.

DISCUSSION

Official Plan Policies

The site is designated General Urban Area in the Regional Official Plan. This designation permits predominantly residential uses, and permits communities to be mixed use, diverse and adaptable to changing needs. The proposed zoning to allow a retail/residential mixed use development conforms to the Regional Official Plan.

The site is designated Merivale Road Mixed Use Area in the former Nepean Official Plan, and is included in the Secondary Plan for Area 16 (Merivale Road). Section 3.2.1.1 Permitted Uses of the Secondary Plan states that the intent of this designation is "to permit a broad range of commercial uses, including retail and office uses, entertainment and intensive recreational uses, residential development at medium and high densities, and a range of community and institutional facilities and services." Groups of or individual freestanding retail uses are permitted.

Section 3.2.1.2 states that stand-alone residential uses "may be encouraged to locate along other streets such as Grant Carman Drive." Furthermore, Section 3.2.1.2 Policy (ii) states that residential uses in buildings fronting onto Merivale Road or Clyde Avenue must provide retail or office space at grade and the building shall generally not exceed an overall floor space index of 0.66.

While this building does not directly front onto Clyde Ave. or Merivale Rd., it is identified as part of the Clyde/Merivale corridor and meets the criteria of the Official Plan for mixed use development. (i.e. retail or office space being provided at grade, with residential above).

The proposed zoning to permit a second floor residential dwelling above a ground floor retail use therefore conforms to the policies of the Nepean Official Plan and Secondary Plan for Area 16 (Merivale Road).

Zoning By-law Requirements

Section 7.3 COMMERCIAL COMMUNITY ZONE –CC Blk 12 (North West Corner of Merivale and Starwood) permits only existing uses for 5 Starwwod until all of the lands in Block 12 have been assembled in one ownership and plans for the development or redevelopment of the whole of the Block have been approved pursuant to Site Plan Control approval.

At the time this provision was established in the Nepean Zoning By-law, the City was aware that the owners of 3 Starwood Rd. (which now forms part of 1380 Clyde Ave. ownership) were actively assembling the lands in Block 12, and wanted to ensure that the development of these lands proceed in a planned and orderly fashion. Since that time, much of Block 12 fronting directly on Clyde Avenue has been redeveloped. However, the owners were unsuccessful in obtaining title to 5 Starwood Rd. In staff's opinion, development is still proceeding in an orderly fashion and as such it is proposed to delete this requirement from the Nepean Zoning By-law.

In fact, the building is specifically designed to function as a "transition" building between residential uses to the west, and commercial uses to the east. To this end, the building takes on the visual appearance of a residential building when viewed from the west, and a commercial building when viewed from the east. Additional landscaping at the rear, front, and partially along the west face of the proposed building is being added to soften the visual appearance.

On-site signage will be minimal, outside lighting will not extend beyond the lot boundaries, and traffic exiting the site will be prohibited from making right turns. All of these components are specifically designed to minimize the impact of the proposed new uses on the adjacent residential community.

The proposed parking lot will not be integrated with the commercial parking lot serving the building to the east and north of the subject site, due to the function of this building as a transition between the commercial use and the residential use. It is therefore deemed inappropriate to integrate the parking area for the subject site as part of the adjacent owner's development. In addition, there is a significant difference in elevations between the proposed parking lot and the adjacent parking lots, making it difficult to integrate them.

The owner is proposing to construct a 4.5 meter landscaped buffer on the western side of the site, with an allowance for a public pathway. This public pathway is identified on Schedule 2 to the Secondary Plan for Area 16 (Merivale Road).

Finally, the owner intends to fill in the existing ditch in front of 5 Starwood, and extend the pedestrian sidewalk from Clyde Ave. to the western edge of the site. This will further enhance pedestrian access between the existing residential community, the future recreational pathway and the Clyde/Merivale Road commercial area.

CONSULTATION

The application was subject to the Public Notification and Consultation Policy. A sign was posted on the property in accordance with the public notification policies of the City. However, no notice was provided to Community Groups since no Community Groups are located in this area. One request for information was received, and one objection was received from the owner/representative of owners who own the lands to the west, north, and east of the subject site. The concerns of the interested party are described and addressed in Document 4.

The Ward Councillor is aware of the application.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application and was not processed within the timeframe established for the processing of Zoning By-laws due to the need to resolve site servicing issues.

ATTACHMENTS

Document 1 – Explanatory Note

Document 2 – Zoning Details

Document 3 – Location Plan

Document 4 – Consultation Details

DISPOSITION

Corporate Services Department, Secretariat Services to notify the owner, persons who requested in writing or verbally to be notified, the Manager of Assessment, Corporate Services Department, of City Council's Decision.

Corporate Services Department, Legal Services Branch to forward implementing by-law to City Council.

Department of Development Services to:

1. Prepare the implementing amendments to the Zoning By-law No. 100-2000; and

2. Prepare and circulate the Notice of Adoption of the Zoning Amendment in accordance with the provisions of the Planning Act and its Regulations.

EXPLANATORY NOTE Document 1

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER -2003

By-law Number -2003 amends the former City of Nepean Comprehensive Zoning By-law for the property known municipally as 5 Starwood Rd. The subject property, as shown on the attached map, is located about 70 m (230 ft.) west of the intersection of Starwood and Clyde Avenue, said intersection being 250 m. (820 ft.) south of the intersection of Clyde and Baseline Road.

An existing single unit dwelling house is located on the property. The owner intends to replace the existing single unit residence and detached garage with a new mixed use building to accommodate his audio equipment retail business on the ground floor, and a residence for his personal use on the second floor.

Existing Zoning

The current Community Commercial - CC Blk 12 Zone permits retail stores and service establishments, but does not permit residential uses. In addition, the performance standards of this Zone envisaged completion of the land assembly (i.e. 8093.1m² (2 ac.) Minimum Lot Area; 60.0 metres Minimum Lot Frontage; a Minimum Gross Leasable Area of 1,800m²; and a 18.3metre Maximum Building Height) to provide for comprehensive and integrated development of the lands within the CC Blk 12 Zone.

Proposed Zoning

A Community Commercial– CC Blk 12 Zone with an exception is proposed. The exception would permit one dwelling unit on the second floor of the proposed building, which will accommodate a ground floor retail use, establish new building setbacks and a reduced maximum building height, and provide for a 4.5 metre landscaped buffer along the western boundary of the subject property. The provisions requiring that the site be developed comprehensively with adjacent sites will be deleted. All the other provisions of the current zoning would continue to apply.

Should you have any questions regarding the amendment, please contact:

Roger Hunter, MCIP, RPP, Planner

Planning and Infrastructure Approvals Branch

2 Constellation Cres. 5^th floor

Nepean ON K2G 5J9

Phone: 580-2424 Ext. 21582

Fax: 580-2576

Email: Roger.Hunter@ottawa.ca

ZONING DETAILS Document 2

The COMMERCIAL COMMUNITY ZONE – CC Blk 12 is amended by adding the following Clause to the end of said paragraph, as follows:

"For Lots 1885-1888 on Registered Plan 357 [5 Starwood Rd.], the following provisions shall apply:

–– Dwelling units on the second floor of a building containing permitted commercial uses as set out in Section 7.3.1 shall be permitted.

–– A Minimum Lot Area of 850m² shall be permitted.

–– A Minimum Lot Frontage of 30 metres shall be permitted

–– The Minimum Gross Leasable Area for commercial uses shall be 220m²

–– The Minimum Front Yard shall be 3.0 metres and three triangular-shaped bay windows, each 3.0 metres wide at the building face, will be permitted to project a maximum of 1.0 metre into the front yard.

–– The Western Side Yard shall be 4.5 metres and the second floor will be permitted to project into this required side yard by 1.5 metres.

–– 1.0 parking space shall be provided for each dwelling unit

The following clauses set out in Section 7.3 COMMERCIAL COMMUNITY ZONE – CC Blk 12 are deleted:

"Development plans for the lands within Block 12, excluding Lots 1885-1888 on Registered Plan 375, shall make provision for vehicular access, vehicular circulation and proper integration with Lots 1885-1888 on Registered Plan 375 which continue to be subject to Subsection 5.8."

"On Lots 1885-1888 only existing uses or uses permitted by application to the Committee of Adjustment pursuant to Section 44 1 (a)(ii) of the Planning Act R.S.O. 1990 c.P.13, as amended, shall be permitted until all of the lands in Block 12 have been assembled in one ownership and plans for the development or redevelopment of the whole of the said Block have been approve pursuant to Subsection 5:8."

The clause set out in Section 7.3 COMMERCIAL COMMUNITY ZONE – CC Blk 12 beginning with the phrase, "a 4.5 metre landscape buffer shall be provided in a continuous strip…", is amended by adding to the end of this clause the following statement:

"This landscape buffer may be located within the 4.5 metre western side yard of Lots

1885-1888 on Registered Plan 375, subject to the approval of plans pursuant to Section 5.8."

LOCATION PLAN Document 3

CONSULTATION DETAILS Document 4

NOTIFICATION AND PUBLIC CONSULTATION PROCESS

Notification and public consultation were carried out in accordance with the Notification and Consultation Procedures approved by City Council for Zoning Amendments and Site Plan Approval applications.

PUBLIC COMMENTS

This application was subject to notification and consultation, which required the posting of an on-site information sign. There are no registered community groups. One response was received as a result of the posting of the sign. A summary of the response received is presented below.

Issues/Concerns

• The owner of 5 Starwood Rd. should, in consideration of the future proposed dedication to the City of a recreational pathway on the west side of 7 Starwood, provide compensation to the owner of 7 Starwood Rd. for both the land dedication and the cost of constructing the recreational pathway.

• Provision was made for excess capacity in the pad mount transformer located on the adjacent property, in anticipation of the future development of 5 Starwood Rd., and the owner should compensate the owner of the adjacent lands for this additional expense.

• The existing Hydro/Bell Telephone/Cablevision pole line at the rear of 5 and 7 Starwood Rd. will, if allowed to remain, pose a very substantial extra cost with respect to the future development of adjacent lands.

Response

The issues raised involve utilities, servicing, and cost sharing issues, but do not raise any planning issues related to the proposed zoning. All of the utility and servicing issues are being addressed through the site plan review process for this proposed development and will be to the satisfaction of the City and the relevant utility companies.

Staff is satisfied that the proposed development represents good planning, and will benefit the community by acting as a buffer and transition between existing residential and commercial uses.

In addition, the former City of Nepean provided sufficient flexibility with respect to the development of Block 12 to permit the owner of 5 Starwood Rd. to construct the landscaped buffer/recreational pathway on its own property.