Report
to/Rapport au :
Planning and Environment Committee
Comité de l’urbanisme
et de l'environnement
and Council/et au Conseil
Submitted by/Soumis par : M. Rick O'Connor, City
Clerk and Solicitor, Legal Services/
M. Rick O'Connor, Greffier et Chef du contentieux,
Direction des services juridiques
Contact Person/Personne ressource : Timothy C. Marc/Timothy C. Marc,
Senior Legal Counsel/Conseiller juridique principal
Legal
Services/Services juridiques
(613)
580-2424 x 21444, Timothy.Marc@ottawa.ca
SUBJECT:
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Ontario
Municipal Board Appeal - 160 Hearst way
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OBJET:
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appel À la commission des affaires
municipales de l'ontario - 160, voie hearst
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REPORT
RECOMMENDATION
That Planning and Environment
Committee and Council receive this report for information.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de
l'environnement et le Conseil reçoivent le rapport à titre d'information.
BACKGROUND
On 10 September 2008, Council refused a request to redesignate and rezone 160 Hearst Way (Planning and Environment Committee Report 35A, Item 5) on the basis of the following reasons:
The amendments to the Ottawa Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre and to the Ottawa (former City of Kanata Zoning By-law) 142-93 and By-law 2008-250 are refused for the following reasons:
1) The proposed development will introduce
inappropriate traffic, in terms of:
a) volume,
b) type,
c) time of day
into a residential area
2) The proposed development does not implement
sections 2.5.1 and 4.11 of the Official Plan.
3) The site specific Official Plan policies for
the Kanata Town Centre direct development of the kind proposed to lands north
of the Queensway.
4) The proposed development will not assist to
an appropriate degree in achieving the employment objectives for the Kanata
Town Centre.
5) The site is not geotechnically appropriate
for the proposed development.
DISCUSSION
Legal Services sought to retain a planner to provide opinion evidence in defence of the position taken by Council. No planner has been identified that is willing to accept this retainer.
The original recommendations provided to Planning and Environment Committee were the following :
That the Planning and Environment Committee recommend Council:
1. Approve and adopt an amendment to the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to redesignate, as detailed in Document 2;
a. 160 Hearst Way from LDE (Low Density Employment) to LDE-4 (Low Density Employment Special Policy Area 4);
2. Approve an amendment
to Zoning By-law 2008-250 to change the zoning of 160 Hearst Way from IL1
(Light Industrial Subzone 1) to IL1 [302] (Light Industrial Subzone 1 Exception
302), as shown in Document 4 and detailed in Document 3;
A hearing before the Ontario Municipal Board is scheduled for 31 March 2009.
SITE PLAN
The development of these lands will also require site plan review. In meetings with the community, a number of site plan concerns have been identified:
a) Location of parking for trucks and buses;
b) Location of loading zones for buses;
c) Location of facilities for waste;
d) Location of access/egress points;
e) Lighting; and
f) Landscaping
The applicant, who will not be the ultimate developer of the site, has been made aware of these concerns and has been requested to pass them on to the purchaser.
CONSULTATION
The community group and the applicant have been advised that the City has not been able to retain a planner.
LEGAL/RISK MANAGEMENT AND FINANCIAL IMPLICATIONS
On February 9, 2009, City Council confirmed its “Policy on Seeking Cost Awards” as it related to community and residents groups as well as an individual who is a public interest litigant: ACS2008-CMR-CSE-0001. The report noted that the Ontario Municipal Board had the discretion to order costs against a party to a hearing where its conducted had been “frivolous, vexatious or … in bad faith”. Furthermore, the Board’s Rules of Practice and Procedure defines such conduct to include “failing to present evidence” as well as “failing to prepare adequately for hearing events”. Therefore, if the City was to proceed to an Ontario Municipal Board hearing without a planner, there is the possibility that costs could be ordered against it in the range of $10,000 to $20,000.
ENVIRONMENTAL IMPLICATIONS
The Mississippi Valley Conservation Authority indicated that there are no issues from an environmental point of view regarding the proposed Official Plan and Zoning By-law amendments.
SUPPORTING DOCUMENTATION (FROM ORIGINAL REPORT)
Document 1 Location Map—160 Hearst Way
Document 2 Draft Official Plan Amendment
Document 3 Details of Recommended Zoning
Document 4 Proposed Zoning Map
DISPOSITION
Legal Services will inform the Ontario Municipal Board and the appellant of Council's decision.
LOCATION MAP—160 HEARST WAY DOCUMENT 1
DRAFT OFFICIAL PLAN AMENDMENT DOCUMENT 2
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Official Plan Amendment Modifications du Plan directeur
To the
Official Plan of the City of Ottawa
Land use
Utilisation du
sol
INDEX
THE STATEMENT OF COMPONENTS
PART A
– THE PREAMBLE does not constitute part of the Amendment.
Purpose
Location
Basis
PART B – THE AMENDMENT consisting of the following text constitutes Amendment. No. __ to the City of Ottawa Official Plan (2003).
Introduction
Details of the Amendment
Implementation and Interpretation
Schedule A of Amendment __ – Official Plan of the City of Ottawa
PART A – THE PREAMBLE
Purpose
The purpose of
this amendment is to allow for the development of a hotel at 160 Hearst Way,
and to clarify the Official Plan designations and policies for previous
Official Plan Amendments at 280 Didsbury Road, and 395 Didsbury Road, 488 and
490 Terry Fox Drive.
Location
The lands subject to this amendment are known municipally as 160 Hearst Way, and shown in Schedule 1 to this amendment. The lands are located on the north side of Hearst Way, south of Highway 417, west of Eagleson Road, and east of Whitney Drive. In addition, the lands known municipally as 280 and 395 Didsbury Road, and 488 and 490 Terry Fox Drive are also subject to this amendment, and are shown on Schedule 2 to this amendment. These lands are located on the east side of Didsbury Road, north of Highway 417, and southwest of Terry Fox Drive.
Basis
Background
The amendment proposes to amend the Official Plan Volume 2B: Site Specific Policies for the Kanata Town Centre to create new Low Density Employment Special Policy Areas, to add a hotel as an additional permitted use, and to make minor technical clarifications to clarify the intent of two previously Official Plan Amendments.
Context of Amendment
The site is designated as “Mixed Use Centre” with a “Town Centre” overlay on schedule B of the Official Plan. The Mixed-Use Centre designation permits a broad variety of uses and encourages transit-supportive land uses with the goal of creating complete neighbourhoods. These areas are intended to include a broad range of land uses, such as offices, retail, schools, hotels, hospitals, large institutional buildings, recreation and entertainment facilities, entertainment uses, services, high and medium-density residential uses, and mixed-use development. The Town Centre overlay identifies Mixed-Use Centres that are planned to accommodate at least 10000 jobs. The Mixed-Use Centre designation identifies areas that are strategically located with respect to the transportation system and are accessible by transit, walking, cycling and automobile. They are centered on rapid transit stations and contain one or more arterial roads with all-day frequent transit service. The subject site is located near Highway 417 and three arterial roads – Katimavik Road, Eagleson Road, and Castlefrank Road. Eagleson Transitway Station is located within 600m to the east of the site. As such, a hotel at this location would maintain the intent of the Mixed Use Centre designation.
Sections 2.5.1 and 4.11 of the Official Plan outline the objectives and policies for compatible development. Among the considerations are massing and built form, traffic, and relationship to supporting community services.
The building development standards (eg setback, height) will not be changed in the amended zone, as proposed. For instance, the zone will maintain the maximum height requirement of 13.5 metres and a minimum front yard setback of 9.0 metres. This is consistent with the other uses within this zone and allows development to be in character with the residential uses on the south side of Hearst Way.
A Transportation Impact Study (TIS) is not required, as per the City’s TIS guidelines, as the scale and type of this development proposal would generate less than 75 peak hour trips. Hearst Way is a Collector Road and is intended to serve not only the surrounding residential development to the south, but also existing and future mixed use and non-residential development. The type of traffic associated with a hotel is consistent with the type of traffic that results in areas with a mix of uses as envisioned in the Official Plan. In addition, the proximity of the site to the Transitway and supporting uses further reduces the impact on the road network.
The proposed use is served well by the surrounding services in the area such as parks, transit, and the commercial centre to the west. In addition, the proposed use contributes an additional service for both the residential and non-residential uses in the area.
The site is currently designated as “Low Density Employment” on Schedule B-1 of the Official Plan Volume 2B: Kanata Town Centre Site Specific Policies. This designation permits office, light industrial and limited retail uses, with similar scale and form as other development in the area.
The
Kanata Town Centre Site Specific Policies set an employment target of at least
12500 jobs for all of the lands in the Town Centre. Most of the employment target is intended to be achieved on lands
within the “Central Business District” and “Main Street” designations, which
are located north of Highway 417. The
proposed development on the subject site will add some employment at a
relatively low density to the Town Centre, in keeping with the general intent
of the Low Density Employment Area designation.
Over time
it is the intent of the Site Specific Policies to ensure that the major
principles and policies be implemented but that the detailed form be adjusted
to recognize more detailed studies, changing market conditions, and community
needs. In light of this proposal, a
hotel can now be considered an appropriate use for this site.
In the past two years, Council has adopted two other amendments to the Low Density Employment Area. These amendments were intended to be site-specific, however, the implementing schedule and text changes do not clearly articulate and organize the policies as they apply to each of the individual sites. The latest proposal to amend the Low Density Employment area policies provides an opportunity to simultaneously clarify the previous intent of these recent Official Plan Amendments.
In summary, the proposed hotel use is appropriate for the site and is compatible with the surrounding land uses, and the proposed technical clarifications clarify the intent of previous Official Plan Amendments.
PART B – THE
AMENDMENT
1. Introduction
All of this part of this document entitled Part B – The Amendment consisting of the following text and the attached Schedule A constitutes Amendment No. __ to the Official Plan of the City of Ottawa.
2. Details The following changes are hereby made to the Official Plan of the City of Ottawa:
2.1. The Special Policy Area policies of Subclause 5.7.5.5 Centre of the Kanata Town Centre site specific policy of Volume 2B of the Official Plan are amended as follows:
a) the
letter “s” is added to the word “Area” in the phrase “Special Policy Area” and
the phrase is underlined;
b) after the phrase “Special Policy Areas” and before the words “Lands designated Low Density Employment Area “ the following new title is added: Special Policy Area 2 –LDE-2’;
c) the following is added between the words “Special Policy Area” and “shall”: 2 (LDE-2);
d) after the words “Retail Store” and before the words “In the Low Density Employment Area” the following new title is added: Special Policy Area 3 – LDE-3;
e) the number 1 is deleted in the phrase “Special Policy Area 1” and replaced with “3 (LDE-3)” ;
f) a new special policy area is added after Special Policy Area 3 as follows:
Special
Policy Area 4 – LDE-4
In the Low Density Employment Area – Special Policy Area 4 (LDE-4), the permitted uses shall include the following:
(i) All of the uses permitted in the Low Density Employment Area located in the South-East Area; and
(ii) a hotel.
2.2 “Schedule B-1 Kanata Town Centre” of the Kanata
Town Centre site specific policy of Volume 2B of the Official Plan for the City
of Ottawa is amended as follows and as shown on Schedules 1 and 2:
i) the
designation for the land known municipally as 280 Didsbury Road is changed from
Low Density Employment Special Policy Area 1 to LDE-2,
ii) the
designation for the lands known municipally as 488 and 490 Terry Fox Drive and
395 Didsbury Road is changed from Low Density Employment Area - Special Policy
Area 1 to LDE-3,
iii) the designation for the land known municipally as 160 Hearst Way is changed from LDE to LDE-4.
3. Implementation and Interpretation
Implementation and interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan (2003).
SCHEDULE 1
SCHEDULE 2
DETAILS OF RECOMMENDED ZONING DOCUMENT 3
Proposed Changes to City of Ottawa Zoning By-law 2008-250
- The Zoning Map of City of Ottawa Zoning By-law Number 2008-250 is
amended changing the zoning of the lands known municipally as 160 Hearst
Way and shown on Document 4 from IL1 (Light Industrial Subzone 1) to IL1 [302]
- (Light Industrial Subzone 1—Exception No. 302) to permit a hotel as an
additional land use;
2. Add the following zone code to Column II of
exception 302 in Section 239: IL1[302]
Proposed Changes to By-law 142-93 of former City of Kanata
- Schedule “A” of By-law Number 142-93 of the former City of Kanata is amended changing the zoning of the lands known municipally as 160 Hearst Way and shown on Document 4 from TC-4 (Town Centre-4) to TC-4c (Town Centre-4-Exception “c”);
- Add a new special exception zone to subsection 8.4 of By-law Number 142-93 of the former City of Kanata, including the following additional zone provisions:
(i) further permitted use: hotel
(ii) clause 5.17(a) applies except that the width of the continuous strip of landscaped open space adjacent to a residential use or zone is reduced to 3.0 metres.
PROPOSED ZONING MAP DOCUMENT 4
