Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

26 June 2006 / le 26 juin 2006

 

Submitted by/Soumis par : John L. Moser, Acting/Deputy City Manager/

Directeur municipal adjoint par intérim,

Planning and Growth Management / Service de l'urbanisme et de la gestion de la croissance

 

Contact Person/Personne ressource : Grant Lindsay, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca

 

 

Kanata (4)

Ref N°: ACS2006-PGM-APR-0159

 

 

SUBJECT:

ZONING - 230 Herzberg road (FILE NO. D02-02-06-0068)

 

 

OBJET :

ZONAGE - 230, chemin herzberg

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata Zoning By-law to change the zoning of 230 Herzberg Road from an Industrial Exception 6 Zone (M2S (6)) to an Industrial Exception 1 Zone (M2S (1)) as shown in Document 1 and detailed in Document 2.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification au règlement de zonage de l'ancienne Ville de Kanata visant à faire passer le zonage de la propriété située au 230, chemin Herzberg de Zone industrielle - Exception 6 (M2S (6)) à Zone industrielle - Exception 1 (M2S (1)), comme l'illustre le document 1 et le précise le document 2.

 

BACKGROUND

 

The subject site is located at 230 Herzberg Road, north of Carling Avenue and south of Legget Drive within the Kanata North Business Park. 

 

The site is located within the urban boundary, immediately west of the Greenbelt along the west side of Herzberg Road.  Situated on the subject site is an existing commercial building, formerly utilized as an Adult Entertainment Parlour.  Access to the building is provided from Herzberg Road, and parking for approximately 190 vehicles is located in the rear.

 

The subject site is zoned to permit industrial uses, including an exception in the Zoning By-law that allows for the use of an Adult Entertainment Parlour.  Surrounding the existing building are other industrial zones that permit such uses as; light industrial, light manufacturing, publishing and printing establishments, warehousing, general offices, recreational facilities and wholesaling establishments.

 

The applicant wishes to rezone the property such that a restaurant will be permitted at this location and the “Adult Entertainment Parlour” use will be eliminated from the property’s existing zoning.

 

DISCUSSION

 

City Council Approved Official Plan:

 

The subject lands are designated "Enterprise Area" within the City Council Approved Official Plan.  This designation is identified in the Official Plan as an area where commercial, office and industry are the primary land uses.  Besides serving as centres of employment, these areas also perform the function of providing services to the City's office and commercial sectors. 

 

Former Regional Official Plan:

 

The former Regional Official Plan designates the subject property as "Business Park".  This designation is intended to include industrial and business parks, research parks, warehousing and manufacturing areas and other related non-residential uses.  The Business Park designation encourages a mix of land uses that can provide basic goods and services to employees of the park.

 

Former City of Kanata Official Plan:

 

The former City of Kanata Official Plan designates the subject property as "Restricted Industrial", which is intended to serve as the major employment area of the City, and permits a range of light industrial uses, including commercial uses which service the industrial area.

 

Details of Current and Proposed Zoning:

 

The current Zoning By-Law zones this property Industrial Exception Zone (M2S(6)).  The M2S(6) zone permits a variety of industrial uses such as manufacturing, assembly, repair, packaging, processing and warehousing.  Other non-industrial uses permitted are office, recreational and public uses.  Furthermore, the exception to the M2S zone lists an Adult Entertainment Parlour as a permitted use.

 

The proposed zoning will eliminate the existing Adult Entertainment Parlour use.  It will be replaced by such uses as a Restaurant, Delicatessen, Tavern, Bakery and Eating Establishment.

 

Rationale for Approval:

 

As well, the removal of the Adult Entertainment Parlour use from the M2S (6) zone will prohibit any future adult entertainment use from locating at this particular location without approval for a further Zoning By-law amendment from City Council.

 

Staff supports the zoning amendment on the basis that the additional uses (Restaurant, Delicatessen, Tavern, Bakery and Eating Establishment) conform to the Enterprise Area and Business Park policies within both the City Council Approved and Regional Official Plans.  These policies encourage the location of non-industrial uses to help meet the daily needs of employees and clients.  The food related establishments requested above would aid in servicing those persons working within the Kanata North Business Park.

 

ENVIRONMENTAL IMPLICATIONS

 

The Mississippi Valley Conservation Authority has indicated that they have no concerns pertaining to natural heritage and natural hazards.  The proposed rezoning will have no further impact on the subject lands.

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy.  The Ward Councillor supports this application and the staff recommendation.  The City did not receive any negative comments or opposition to this application.

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was processed by the "On-Time Decision Date" established for the processing of Zoning By-law Amendment applications.

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Details of Recommended Zoning

 

DISPOSITION

 

Corporate Services Department, City Clerk's Branch to notify the owner (1270627 Ontario Limited, 230 Herzberg Road, Ottawa, ON, K2K 2A1), applicant (Daniel Fernandes, 105-235 Stafford Road, Ottawa, ON, K2H 9C1), Signs.ca, 866 Campbell Avenue, Ottawa, ON  K2A 2C5, and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council's decision.

 

Planning and Growth Management Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

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

 


LOCATION MAP                                                                                                  DOCUMENT 1

 

 

DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2

 

Industrial (M2S(1)):

 

All permitted uses located in the M2S(1) Zone shall at least employ concealed storage unless otherwise permitted by this By-law. 

 

i) Any use permitted within the M2 Zone

 

ii)  Restaurant , Delicatessen, Tavern, Bakery or Eating Establishment

 

Furthermore, the M2S(6) zone shall be removed from the Kanata North Business Park By-law (132-93), as it will no longer be associated with a specific parcel of land.