1 Report to Rapport au: Planning Committee Comité de l'urbanisme 23 January 2018 / 23 janvier 2018 and Council et au Conseil 31 January 2018 / 31 janvier 2018 Submitted on 11 January 2018 Soumis le 11 janvier 2018 Submitted by Soumis par: Lee Ann Snedden,, Director / Directrice Planning Services / Services de la planification Planning, Infrastructure and Economic Development Department / Direction générale de la planification, de l infrastructure et du développement économique Contact Person / Personne ressource: Laurel McCreight, Planner II / Urbaniste, Development Review West / Examen des demandes d'aménagement ouest Ward: KANATA SOUTH (23) / KANATA-SUD (23) (613) 580-2424, 16587, Laurel.McCreight@ottawa.ca File Number: ACS2018-PIE-PS-0012 SUBJECT: Zoning By-law Amendment 737 Silver Seven Road and 15 Frank Nighbor Place OBJET: Modification au Règlement de zonage 737, chemin Silver Seven et 15, place Frank-Nighbor REPORT RECOMMENDATIONS 1. That Planning Committee recommend Council approve an amendment to Zoning By-law 2008-250 for 737 Silver Seven Road and 15 Frank Nighbor Place to permit retail uses, as detailed in Document 2.
2 2. That Planning Committee approve the Consultation Details Section of this report be included as part of the brief explanation in the Summary of Written and Oral Public Submissions, to be prepared by the City Clerk and Solicitor s Office and submitted to Council in the report titled, Summary of Oral and Written Public Submissions for Items Subject to Bill 73 Explanation Requirements at the City Council Meeting of 31 January 2018, subject to submissions received between the publication of this report and the time of Council s decision. RECOMMANDATIONS DU RAPPORT 1. Que le Comité de l urbanisme recommande au Conseil d'approuver une modification au Règlement de zonage 2008-250 pour le 737, chemin Silver Seven et le 15, place Frank-Nighbor afin de permettre les utilisations liées au commerce de détail, comme indiqué dans le document 2. 2. Que le Comité de l urbanisme donne son approbation à ce que la section du présent rapport consacrée aux détails de la consultation soit incluse en tant que «brève explication» dans le résumé des observations écrites et orales du public, qui sera rédigé par le Bureau du greffier municipal et de l avocat général et soumis au Conseil dans le rapport intitulé «Résumé des observations orales et écrites du public sur les questions assujetties aux exigences d'explication aux termes du projet de loi 73», à la réunion du Conseil municipal prévue le 31 janvier 2018, à la condition que les observations aient été reçues entre le moment de la publication du présent rapport et le moment de la décision du Conseil.
3 BACKGROUND Learn more about link to Development Application process - Zoning Amendment For all the supporting documents related to this application visit the link to Development Application Search Tool. Site location 737 Silver Seven Road and 15 Frank Nighbor Place Owner Eli Ronen, Silver Seven Corporate Centre Inc. Applicant Jaime Posen, Fotenn Description of site and surroundings The properties are municipally known as 737 Silver Seven Road and 15 Frank Nighbor Place. The site is bordered by Silver Seven Road to the east and Frank Nighbor Place to the north. The property is approximately 28,215 square metres and is currently under construction (Site Plan Control application D07-12-14-0147) with one of four buildings nearly complete. The site is located within the Terry Fox Business Park and is bordered by Home Depot to the north, a five-storey office building to the south, Costco to the east and Movati Athletic Club to the west. The Highway 417/Terry Fox Drive interchange is within close proximity to the site. Summary of requested Zoning By-law amendment proposal The site is currently zoned IL6[1535] H(30)-h (Light Industrial Subzone 6, Exception 1535, Height Limit of 30 metres). Subzone 6 prohibits 13 uses on the site, several of which the applicant requests be permitted in their proposal. Additionally, Subzone 6 adds a retail store as a conditionally permitted use, in that only a limited subset of retail store types will be permitted. The holding symbol prohibits an accessory warehouse display and sales area until a traffic study, a market study addressing the planned function of the Kanata Regional Shopping Centre, and a Site Plan application are completed. The Zoning By-law amendment seeks to permit the following uses on the site: Animal Care Establishment, Animal Hospital, Amusement Centre, Catering Establishment,
4 Convenience Store, Instructional Facility, Place of Worship, Retail Store (unconditional), Retail Food Store, and Small Batch Brewery. The amendment also seeks to remove the floor area restrictions imposed in the six conditionally permitted uses of the IL zone. Finally, the amendment seeks to remove Exception 1535 and the associated holding zone. Brief history of proposal The lands are being developed in two phases. The first phase involved the severance of the site and Site Plan approval of the Movati Athletic Club in 2013 (D08-01-13/B-00057 and D07-12-12-0177). A Site Plan Control application (D07-12-14-0147) was submitted in 2016 to permit the development of a four building complex, which is the subject of this Zoning By-law amendment application. This complex includes two commercial buildings, the first of which is completed and fully occupied and the second is under construction, an industrial building, and an office/medical building. The property was previously under different ownership and a cost sharing agreement was entered into with the expectation that the lands (along with two other properties) were to be developed for retail purposes. The agreement detailed allocation of additional costs of traffic improvements required for retail development. This cost sharing agreement is no longer registered on title, however, discussion of future cost sharing are discussed further in this report. DISCUSSION Public consultation Public consultation of the application was carried out in accordance with the City s Public Notification and Consultation Policy. Several public comments were received from members of the public. Details of the response are included in Document 3 of this report. For this proposal s consultation details, see Document 3 of this report. Official Plan designation Per Schedule B of the Official Plan, the property is designated as Employment Area. Employment Areas provide large parcel sizes, reflective of user needs for storage, parking and building floorplate, and they are usually well situated with respect to major roads. Land uses permitted on Employment Lands include a variety of employment-generating uses, such as office and institutional uses, as well as
5 small-scale complementary ancillary uses that support the employees and general public. These ancillary uses include service commercial and, health and fitness, and recreational uses. Policy 2 of the Employment Area designation stipulates that retail uses are permitted on the subject lands provided that adequate road capacity is available. The provisions of Official Plan Amendments (OPA) 150 and 180 should also be considered. Since the provisions of OPA 150 address the built form of new development in Employment Lands, and since the buildings subject to this application already are Site Plan approved, OPA 150 does not affect this application. Among the changes of OPA 180 are the gross floor area (GFA) limits to be imposed on ancillary uses; modifying these limits triggers an analysis of whether the use is actually ancillary to the subject Employment Area. As well, low-density institutional uses, including places of worship, are now permitted if they are proven to be compatible. Planning rationale Section 3.6.5.2 (g) of OPA 180 permits retail uses on the subject lands and establishes that amendments to either the individual or cumulative gross floor area (GFA) limits for ancillary uses shall be assessed to determine whether the use is ancillary to the subject Employment Area. Currently, six uses (automobile service station, bank, bank machine, personal service business, recreational and athletic facility, and restaurant) are conditionally permitted given GFA restrictions. Due to the Site Plan approved configuration of the buildings on the site, the individually leasable tenant units are of a small enough floor area to restrict the size of all ancillary uses to maintain the purpose of the subject Employment Lands. The amendment seeks to add several land uses that are prohibited in the IL6 zone, as identified above. The IL6 zone permits a retail store, however, a retail store is currently limited in terms of what items can be sold. A retail food store and place of worship are also prohibited, but are uses that are requested to be added. The amendment also requests to remove restrictions on the size and format of commercial and retail uses. Staff are of the opinion that permitting the additional uses, as well as removing the current restrictions, are in keeping with the intent of the Zoning By-law and the Official Plan because this specific location is identified in OPA 180 to permit retail uses (Policy 2 of the Employment Designation). These uses will be small occupancies with individual tenants and will not compete with the development of the near-by Kanata Town Centre.
6 Although the restriction regarding the cumulative total GFA for several uses not exceeding 2,999 square metres will be removed, a holding symbol will only permit an overall GFA of 10,000 square feet (929 square metres) of retail. Furthermore, an individual tenancy for a retail use cannot be greater than 5,000 square feet (465 square metres). Should the cumulative total GFA of retail on the site exceed 10,000 square feet, a cost sharing agreement must be entered into, and such requirements are outlined in the zoning details (Document 2). A holding symbol is recommended to implement the GFA limit on retail uses and the cost sharing agreement. Through Official Plan Amendment 180, a place of worship may be permitted in Employment Areas provided that a compatibility assessment guided by Ministry of the Environment (MOE) D-Series Guidelines is prepared. The applicant completed a compatibility assessment that demonstrated that a place of worship would be compatible with the context of the surrounding area, and that no negative impacts are expected. Due to the adjacent land uses and setbacks of the site, any place of worship would comply with the MOE guidelines; therefore, this use is supportable. Provincial Policy Statement Staff have reviewed this proposal and have determined that it is consistent with the Provincial Policy Statement, 2014. RURAL IMPLICATIONS There are no rural implications with this report. COMMENTS BY THE WARD COUNCILLOR Councillor Hubley provided the following comments: I am aware of the report and will be asking for details and modifications before the Committee meeting. LEGAL IMPLICATIONS There are no legal impediments to approving the recommendations contained in this report. RISK MANAGEMENT IMPLICATIONS There are no risk management implications with this report.
7 ASSET MANAGEMENT IMPLICATIONS At this time, there are no asset management implications associated with the recommendations of this report. FINANCIAL IMPLICATIONS There are no financial implications associated with this report at this time. ACCESSIBILITY IMPACTS Accessibility impacts with this development were considered during the Site Plan Control process. TERM OF COUNCIL PRIORITIES This project addresses the following Term of Council Priority: EP2 Support growth of local economy APPLICATION PROCESS TIMELINE STATUS The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the need to reach an agreeable amendment that would be supported by staff and the applicant. SUPPORTING DOCUMENTATION Document 1 Location Map Document 2 Details of Recommended Zoning Document 3 Consultation Details CONCLUSION The Planning, Infrastructure and Economic Development department supports the proposed Zoning By-law amendment. The proposal is consistent with the Official Plan and rezoning the lands to permit retail uses in a limited form will not detract from larger shopping areas. DISPOSITION Legislative Services, Office of the City Clerk and Solicitor to notify the owner; applicant; Ottawa Scene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5; Krista
8 O Brien, Tax Billing, Accounting and Policy Unit, Revenue Service, Corporate Services (Mail Code: 26-76) of City Council s decision. Zoning and Interpretations Unit, Policy Planning Branch, Economic Development and Long Range Planning Services to prepare the implementing by-law and forward to Legal Services. Legal Services, Office of the City Clerk and Solicitor to forward the implementing by-law to City Council. Planning Operations Branch, Planning Services to undertake the statutory notification.
9 Document 1 Location Map For an interactive Zoning map of Ottawa visit geoottawa. The property is an irregular rectangle with frontage on Frank Nighbor Place and Silver Seven road.
10 Document 2 Details of Recommended Zoning The proposed change to the City of Ottawa Zoning By-law 2008-250 for 737 Silver Seven Road and 15 Frank Nighbor Place: 1. Rezone the lands as shown in Document 1. 2. Amend Section 239, by adding a new exception [xxx] with provisions similar in effect to the following: a. In Column III, add the following additional land uses permitted; i. Animal Care Establishment ii. iii. iv. Animal Hospital Amusement Centre Catering Establishment v. Convenience Store vi. vii. viii. ix. Instructional Facility Place of Worship Retail Store Retail Food Store x. Small Batch` Brewery b. In Column IV, prohibit the following land uses; i. Amusement Park ii. iii. iv. Automobile Dealership Car Wash Gas Bar v. Parking Garage vi. Parking Lot
11 c. In Column V, add the following provisions: i. Any retail use that exceeds 929 square metres of gross floor area, with no individual tenancy exceeding 465 square metres of gross floor area, is not permitted until the h symbol is removed by City Council following: City approval of the detailed design for the roadway modifications described in Exhibit 61 to the Ontario Municipal Board hearing regarding 15 Frank Nighbor Place and 737 and 777 Silver Seven Road, File numbers PL051066, PL060317 and PL060318; conveyance to the City of all necessary road widenings to accommodate the roadway modifications noted above; the Owners of 15 Frank Nighbor Place, 20 Frank Nighbor Place, 720 Silver Seven Road, 737 Silver Seven Road and 777 Silver Seven Road entering into a registered cost sharing agreement to construct the roadway modifications noted above and a copy being provided to the City; provision to the City of an implementation plan including a construction schedule for the roadway modifications noted above; and provision of a performance deposit to the City for the roadway modifications noted above. ii. Subclauses 203(2)(b)(c) and 204(6)(a) do not apply.
12 Document 3 Consultation Details 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. Comment: The proposed rezoning does not take into account the Cost-Sharing Agreement that was previously entered into by three parties (including the previous owner of the subject property), which was subject of an Ontario Municipal Board hearing. Response: In the event that retail uses exceed a cumulative GFA of 10,000 square feet a cost sharing agreement must be entered into. Comment: Is a place of worship permitted? Response: A place of worship is a use requested to be added as part of the application. The applicant has submitted a Compatibility Study, as required by the Official Plan, stating that a place of worship is an appropriate use for this site. Staff have reviewed this study and agree with the recommendations.