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Recommendation: That, on the
recommendation of the Managing Director, Planning and City Planner, the
following actions be taken with respect to the application of Claybar
Developments Inc., relating to the property located at 2825 Tokala Trail:
a)
an
amendment to the Fox Hollow Community Plan BE APPROVED at the
Municipal Council meeting to be held on March 5, 2013, to change the land use
on the subject property FROM Low Density Residential and Medium
Density Residential TO High Density Residential and Commercial;
b)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on March 5, 2013, to amend the Official Plan to change
the designation of the subject lands FROM a Low Density Residential
designation and a Multi-family, Medium Density Residential designation TO
a Multi-family, High Density Residential designation and a Neighbourhood
Commercial Node designation and to amend Section 3.5, entitled “Policies for
Specific Residential Areas” to permit on the:
northern part of
the property:
low and
high-rise apartment buildings, apartment hotels, multiple attached dwellings,
emergency care facilities, nursing homes, rest homes, homes for the aged, and
rooming and boarding houses as the primary permitted uses, and convenience
commercial uses in the ground floor of an apartment building, up to an
overall maximum of 1,050 square metres of gross floor area, and oriented
either to Dalmagarry Road or to a future or existing commercial development
on lands to the immediate south; and,
southern part of
the property:
small retail
stores, food stores, pharmacies, convenience commercial uses, personal
services, financial institutions, service-oriented office uses, community
facilities, professional and medical/dental offices, small-scale restaurants,
commercial recreation establishments, and similar uses that draw customers
from a neighbourhood-scale trade area as the main permitted uses;
c)
the
attached proposed by-law BE INTRODUCED at the Municipal Council
meeting to be held on March 5, 2013, to amend Zoning
By-law No. Z.-1, (in conformity with the Official Plan, as amended in part
b), above), to change the zoning of the subject property FROM an
Urban Reserve (UR3) Zone, which permits existing dwellings, agricultural
uses, conservation lands, managed woodlots, wayside pits, passive recreation
uses, kennels, private outdoor recreation clubs and riding stables TO
permit on the:
northern
part of the property:
a Holding Residential
R9 Special Provision/Holding Convenience Commercial Special Provision
(h-120•R9-7(*)•H30/CC6(**)) Zone, to permit apartment
buildings, lodging house class 2, senior citizens apartment buildings,
handicapped persons apartment buildings, continuum of care facilities,
townhouses and stacked townhouses with a maximum height of 30 metres,
densities ranging from 125 to 150 units per hectare, a minimum yard depth
abutting the commercial zone to the south of 0.0 metres, a minimum east yard
depth of 5.0 metres, and a maximum yard depth abutting Dalmagarry Road and
Tokala Trail of 5.0 metres, and convenience commercial uses in the ground
floor of an apartment building including convenience service establishments,
convenience stores, financial institutions, personal service establishments,
medical/dental offices, food stores, restaurants, brewing on premises
establishments, day care centres, offices, studios, bake shops, commercial
schools, florist shops and pharmacies, with a maximum total gross floor area
of 1,050 m2; and,
southern part of the property:
a Holding
Neighbourhood Shopping Area Special Provision (h-120•NSA5(***)) Zone, to
permit bake shops, catalogue stores, clinics, convenience service
establishments, day care centres, duplicating shops, financial institutions,
food stores, libraries, medical/dental offices, offices, personal service
establishments, restaurants retail stores, service and repair establishments,
studios, video rental establishments and brewing on premises establishments
with a maximum total gross floor area of 6,000 square metres, a maximum gross
floor area for a food store of 3,200 square metres, a maximum gross floor
area for one individual use of 1,000 square metres, and lesser maximum gross
floor areas for all other uses, a minimum yard depth abutting the residential
zone to the north of 7.0 metres, a minimum east yard depth of 5.0 metres, and
no parking permitted between any building or structure and any road
allowance;
d)
the
Site Plan Approval Authority BE REQUESTED to consider the following
design issues through the site plan process:
i)
the
development be generally in keeping with the plans, as outlined in Appendix
“D” of the Civic Administration’s report, dated February 26, 2013;
ii)
for
the residential portion of the site:
·
ensure active uses
such as lobbies, amenity areas, and/or residential units with separate front
entrances are located on the ground floor of the proposed apartment
buildings, in particular in the portions of the buildings that front onto Dalmagarry
Road and Tokala Trail;
·
ensure the entrance
into the lobby of residential building “B”, located at the corner of
Dalmagarry and the internal private drive, is designed to serve as the
primary entrance into the building, including similar architectural
expression shown in the entrance of residential building “A” as provided in
the Civic Administration’s report dated February 26, 2013;
·
include
continuous pedestrian connections from all residential building entrances to
the proposed outdoor amenity area; and,
·
upon the submission
of elevations ensure that the articulation and massing in a coherent
architectural manner continue to distinguish the buildings’ base, middle, and
top;
iii) for the commercial
portion of the site:
·
situate
“Proposed Retail A” building so that it fronts onto Dalmagarry Road, in line
with the “Proposed Restaurant” and “Proposed Retail B” in order to create a more
consistent streetwall plane;
·
ensure
that buildings “Proposed Retail A”, “Proposed Retail B”, “Proposed Sunripe
Market” and “Proposed Restaurant” are oriented to the public street and
include active building elements such as principal entrances, transparent
windows, merchandise display windows, canopies, etc. fronting the street in
order to create an active frontage and improve the pedestrian experience;
·
screen
all parking lot frontages along public streets using enhanced landscaping and
landscaping walls;
·
eliminate
rows of parking which inhibit providing continuous pedestrian connections
through the site, including between the residential and commercial portions.
Ensure all buildings have a walkway to the street as well as continuous
walkways connecting to other buildings on the site;
·
ensure
all parking islands are appropriately landscaped and are of a sufficient size
to allow for the planting of trees; and,
·
locate
all garbage bins away from street frontages, ensure they are contained within
masonry enclosures and appropriately screened with landscaping. Alternatively
garbage enclosures could be created as part of or an extension of proposed
buildings;
e)
pursuant
to Section 34(17) of the Planning Act, no further notice BE GIVEN
with respect to the proposed zoning by-law, as the revised
Notice of Application, dated February 1, 2013, clearly contemplated the
concept of commercial uses in the main floor of an apartment building and the
application of a range of commercial uses with floor plates ranging up to
3,000 square metres in individual buildings;
f)
the
request to amend the Official Plan to change the designation of the south
part of the subject lands FROM a Multi-family, Medium Density
Residential designation, which permits multiple-attached dwellings, low rise
apartment buildings, rooming and boarding houses, emergency care facilities,
converted dwellings, small-scale nursing homes, rest homes and homes for the
aged as the primary permitted uses TO a Neighbourhood Commercial Node
designation, to permit a neighbourhood scale commercial development, BE
REFUSED for the following reason:
i)
a
special policy, not requested as part of the application, was required in
order to permit convenience commercial uses in the ground floor of an
apartment building;
g) the
request to amend Zoning By-law No. Z.-1 to change to the zoning of the northern
part of the subject property FROM an Urban Reserve (UR3) Zone, which
permits existing dwellings, agricultural uses, conservation lands, managed
woodlots, wayside pits, passive recreation uses, kennels, private outdoor
recreation clubs and riding stables TO permit on the:
northern
part of the property:
a
Residential R9 Special Provision (R9-7(_)•H45 Zone, to permit eight storey high rise apartment buildings and
townhouses, at an overall maximum density of 150 units per hectare with a
total of approximately 290 units, and convenience commercial uses including
convenience service establishments, convenience stores, financial
institutions, personal service establishments, medical/dental offices,
restaurants, brewing on premises establishments, day care centres, offices,
studios, bake shops, commercial schools, florist shops and pharmacies, with
special provisions to limit all convenience commercial uses to a maximum
gross floor area of 1,050 square metres, and permit front, exterior side and
rear yard setbacks of 0 metres, and an interior side yard setback of 5.0 metres
TO an Associated Shopping Area Commercial (ASA1) Zone, to permit a
range of retail, convenience and personal service uses, BE REFUSED for
the following reasons:
i)
a
minimum density, in addition to a maximum density, of residential development
is considered appropriate to ensure that a sufficient number of residential
units are constructed to support the new Neighbourhood Commercial Node;
ii) a
maximum height of 30 metres is sufficient to accommodate the requested eight
storey apartment buildings; it being noted that taller buildings would be
less compatible with the surrounding future low density residential
development;
iii) adjustments
to the detailed special provisions for yard setbacks in the Residential R9
(R9-7) Zone were required for technical reasons and to ensure that the
buildings and structures are located close to the road allowances in support
of urban design objectives;
iv) for
technical reasons, the application of a CC6( ) Zone to allow convenience
commercial uses in the ground floor of an apartment building is preferred,
instead of a special provision to the Residential R9 (R9-7) zone;
v) the
range and scale of uses permitted within a Neighbourhood Shopping Area Zone
variation is more appropriate within a Neighbourhood Commercial Node than an
Associated Shopping Area Commercial Zone variation;
vi) adjustments
to the detailed special provisions in the Neighbourhood Shopping Area (NSA5)
Zone for yard setbacks and parking location were required for technical
reasons and to ensure that the buildings and structures are located close to
the road allowances in support of urban design objectives; and,
vii) a
holding provision, affecting the entire site, which requires the completion
of a Transportation Impact Study prior to site plan approval is required;
it being pointed out that there were no
oral submissions made at the public participation meeting associated with
this matter. (2013-D14A)
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