The Supplementary Memo further states that “there is a high demand for the proposed neighbourhood commercial uses .... ” That “there are currently no commercial vacancies in the surrounding area, and as such the applicant wishes to provide the additional neighbourhood commercial units needed to the supply area”.
The applicant submitted no evidence of the high demand for neighbourhood commercial uses in the subject area. Further to that, the absence of commercial vacancies is not an acceptable justification for neighbourhood commercial use in the area. The above extracts from the applicant’s Supplementary Memo do not address the evaluation criteria in 6.3.2.9, Neighbourhood Commercial Evaluation, of the OP.
The applicant’s Supplementary Memo of July 3, 2020 further states that “adding commercial space will help ensure that sufficient land supply for commercial purposes is provided while meeting the evaluation criteria for neighbourhood commercial uses.” This rationale is not supported by any policies in the PPS or OP.
The requested amendment has the effect of creating an extension to the existing Commercial Corridor in the immediate area. The applicant’s Consultant states, in their Supplementary Memo dated July 3, 2020, that “the proposed neighbourhood commercial development is a natural extension of the existing commercial uses to the north of the subject site.” “The proposed development will extend the commercial presence on the west side, south to Roseland Drive East by introducing additional needed neighbourhood commercial uses at the corner.”
This rationale for the proposed amendment is in direct contradiction to the OP policies regarding the creation of a new commercial corridor or the extension of an existing commercial corridor. Section 6.5.3.5 of the OP indicates that “Council shall discourage the development of new Commercial Corridors or the extension of existing Commercial Corridors...” Therefore, the requested amendment is contrary to the explicit provisions of the OP and in my opinion does not conform to the OP.
It is my further opinion that it is not good planning to use the neighbourhood commercial provision of the OP as a means to achieve the end result of extending an existing commercial corridor or creation of a new commercial corridor.
In addition to the above, the following should also be considered with respect to the requested amendment:
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At the June 11, 2019 Open House Session (Public Information Centre) residents in the neighbourhood expressed concerns about the creation of additional commercial lands in their neighbourhood. They were concerned that the proposed commercial development could change their neighbourhood character (an established residential neighbourhood).
3. ZONING
The subject land is zoned Residential District 1.4 (RD1.4) by Zoning By-law 8600. This report contains Appendix C - Excerpts from the Zoning By-law 8600.
The RD1.4 zoning category permits a single unit dwelling, an existing duplex dwelling or existing semi-detached dwelling, and any use accessory to the foregoing uses. The applicant is requesting a change from RD1.4 to CD1.3 (Commercial District 1.3). The CD1.3 zoning category permits the following uses:
Business Office, | Dwelling Units in a Combined Use Building with any |
Child Care Centre | one or more of the above uses |
Commercial School | Double Duplex Dwelling |