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6. ZONING – 975 RICHMOND ROAD ZONAGE –
975, CHEMIN RICHMOND |
Committee
recommendation
That Council
approve an amendment to Zoning
By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15) to TM
[1373] H(15), as shown in Document 1 and detailed in Document 2.
Recommandation DU Comité
Que le Conseil approuve
une modification au Règlement de zonage 2008-250 afin
de faire passer le zonage du 975, chemin Richmond de TM H(15) à TM [1373]
H(15), tel qu’illustré dans le document 1 et exposé en détail dans le document
2.
Documentation
1.
Deputy City
Manager's report, Planning and Infrastructure, dated 13 March 2012 (ACS2012-PAI-PGM-0084).
Report to/Rapport au :
Comité de
l'urbanisme
and Council / et au Conseil
13 March 2012 / le 13 mars 2012
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,
Planning and Infrastructure/Urbanisme et Infrastructure
Contact
Person/Personne-ressource: John Smit, Manager/Gestionnaire intérimaire, Development
Review-Urban Services/Examen des projets d'aménagement-Services urbains,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 13866, john.smit@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to
Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15)
to TM [1373] H(15), as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande ce qui suit au Conseil approuver une modification au Règlement de zonage
2008-250 afin de faire passer le zonage du 975, chemin Richmond de TM H(15) à
TM [1373] H(15), tel qu’illustré dans le document 1 et exposé en détail dans le
document 2.
BACKGROUND
The subject property is located on the
north side of Richmond Road, west of Woodroffe Avenue. These lands had been occupied by a building
containing a restaurant but with the purchase by the owner of the automobile
dealership adjacent to the east, that building was demolished and the subject
property has been incorporated into the adjacent automobile dealership for
additional vehicle storage. On January
27, 2010, City Council approved the rezoning of 975 Richmond Road by adding an
exception to the current zoning to allow an automobile dealership. As part of that approval, the Zoning By-law
Amendment to implement the rezoning was not to be enacted by City Council until
such time as a site plan, including the subject property for the automobile
dealership, had been approved by the City.
Furthermore, if the site plan was not approved within 12 months (January
27, 2011) of the rezoning approval, that rezoning approval would become null
and void.
The property owner submitted a site
plan control application to the City on December 20, 2010, however, as it did
not contain any engineering plans, it was declared incomplete. The required engineering plans were submitted
on January 20, 2011, at which time the application was declared complete. With the finalization of issues relating to
the facade along Richmond Road, the westerly retaining wall, the location of
the private approach and fencing between the dealership and the residential
neighbourhood to the north, the site plan has been finalized and is ready for
approval. As the previous rezoning approval
lapsed, given that the site plan amendment was not finalized by the lapsing
date, this report is proceeding to Council to reinstate the previous zoning
approval for the lands at 975 Richmond Road, so they may be legally used as an
automobile dealership.
DISCUSSION
As part of the previous rezoning, Staff
recommended approval of the application.
The following highlights the reasons and details of the zoning that was
previously approved:
Reasons
-
Previous rezonings have occurred to allow the
automobile dealership to move from legal non conforming status to conformity
with the Zoning By-law as a permitted use.
-
The Richmond Road/Westboro Secondary Plan
indicates that over time, the automobile dealership should be replaced by uses
that are more identifiable with a Traditional Mainstreet, however; in the
meantime the use should create a better pedestrian experience. This was to done through the Site Plan
Control Process.
-
The rezoning would not allow a new automobile
dealership or the expansion of the existing building. Instead, it would provide for additional
vehicle storage only. Consequently, the
proposed rezoning was not seen as sterilizing the property for future
redevelopment.
Details
-
The size and future expansion of the
automobile dealership would be limited with a cap of 2,520 square metres.
-
Site Plan Control Approval was required prior
to the By-law going forward to help ensure the achievement of a more compatible
traditional mainstreet development.
At the time of preparation of this
report, the Site Plan application is in the final stages of being approved by Staff
under the Delegated Authority By-law but will not have been registered subject
to the lapsed zoning approval being re-instated. As part of reinstating a zoning approval that
is consistent with the previous recommendation, the Department is recommending
that the Owner be given a period of six months to provide the required
securities and fees and to have the agreement registered. The applicant had previously been provided a
year to undertake these requirements and failed to do so. Further, as the subject property is currently
being used as part of the automobile dealership prior to the zoning being
finalized, the Department is recommending that should the applicant not
complete the requirements in recommendation two, enforcement against existing
zoning infractions commence immediately.
RURAL IMPLICATIONS
There are no rural implications
associated with this report.
CONSULTATION
This rezoning application was sent to
all those who commented on the previous report that proceeded to Committee and
Council.
COMMENTS BY THE WARD COUNCILLOR
Councillor Mark Taylor is aware of
this application.
LEGAL IMPLICATIONS
There are no legal implications associated with this
report.
RISK MANAGEMENT IMPLICATIONS
There
are no risk management implications associated with this report.
FINANCIAL IMPLICATIONS
There
are no direct financial implications associated with this report.
ACCESSIBILITY IMPACT
ENVIRONMENTAL IMPLICATIONS
There are no environmental
implications associated with this report.
TECHNOLOGY
IMPLICATIONS
There are no direct technical
implications associated with this report.
TERM OF
COUNCIL PRIORITIES
GP2
– Apply management controls to achieve Council’s priorities.
APPLICATION PROCESS TIMELINE STATUS
This application was staff initiated and 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
Document 3 Consultation Details
Document 4 Previous Rezoning Report
DISPOSITION
City Clerk and Solicitor Department,
Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, Ghislain Lamarche, Program Manager,
Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth
Management
to prepare the implementing by-law, forward to Legal Services and undertake the
statutory notification.
Once the Site Plan Agreement is
registered, Legal Services to forward the implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF
RECOMMENDED ZONING DOCUMENT
2
Proposed Changes to the Comprehensive
Zoning By-law
1. The subject lands will be
rezoned from TM H(15) to TM[1373] H(15)
2. The following changes be made to
Exception 1373 of Section 239
Column II – Applicable Zones
-
Delete the zone code TM[1373] H(25) and
replace it with TM[1373] H(15)
Column V – Provisions
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Add the following: automobile dealership
limited to a gross floor area of 2520 square metres.
PREVIOUS REZONING
REPORT DOCUMENT
3
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5. ZONING - 975 RICHMOND ROAD ZONAGE - 975, CHEMIN RICHMOND |
Committee recommendationS
(This matter is subject to Bill 51)
1.
That Council approve an amendment to the
Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15)
to TM [1373] H(15), as detailed in Document 2.
2.
That the By-law to implement Recommendation 1
not be enacted until such time as a revision to the site plan has been
submitted and approved, for the adjacent contiguous lands to the east (955, 965
and 971 Richmond Road) to incorporate 975 Richmond Road.
3. That
approval of the rezoning set out in Recommendation 1 be null and void if the
requirements of Recommendation 2 have not been satisfied within 12 months of
approval.
RecommandationS DU Comité
(Cette question est
assujettie au Règlement 51)
1. Que le Conseil approuve une
modification au Règlement de zonage 2008-250 en vue de changer le zonage du
975, chemin Richmond de TM H(15) à TM [1373] H(15), comme l’explique le
document 2.
2. Que le Règlement pour mettre
en pratique la recommandation 1 ne soit pas sanctionné avant qu’un examen du
plan d'implantation soit soumis et approuvé, concernant les terrains adjacents
du côté est (955, 965 et 971, chemin Richmond) en vue d’y intégrer le 975,
chemin Richmond.
3. Que approbation du rezonage
expliqué dans la recommandation 1 soit nulle et sans effet si les exigences de
la recommandation 2 ne sont pas satisfaites dans les 12 mois suivant
l’approbation.
Documentation
1.
Deputy City Manager's
report, Infrastructure Services and Community Sustainability, dated 22 December
2009 (ACS2010-ICS-PGM-0010).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
22
December 2009 / le 22 décembre 2009
Submitted by/Soumis par : Nancy
Schepers, Deputy City Manager/Directrice municipale adjointe,
Infrastructure Services and Community
Sustainability/Services d’infrastructure et Viabilité des collectivités
Contact Person/Personne-ressource : John Smit,
Manager/Gestionnaire, Development Review-Urban Services/Examen des projets
d'aménagement-Services urbains, Planning and Growth Management/Urbanisme et
Gestion de la croissance
(613) 580-2424, 13866 John.Smit@ottawa.ca
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Ref N°: ACS2010-ICS-PGM-0010 |
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SUBJECT: |
ZONING
- 975 Richmond Road (FILE NO. D02-02-09-0036) |
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OBJET : |
REPORT
RECOMMENDATIONS
1.
That the recommend Council approve an
amendment to the Zoning By-law 2008-250 to change the zoning of 975 Richmond
Road from TM H(15) to TM [1373] H(15), as detailed in Document 2.
2.
That
the By-law to implement Recommendation 1 not be enacted until such time as a
revision to the site plan has been submitted and approved, for the adjacent
contiguous lands to the east (955, 965 and 971 Richmond Road) to incorporate
975 Richmond Road.
3.
That
approval of the rezoning set out in Recommendation 1 be null and void if the
requirements of Recommendation 2 have not been satisfied within 12 months of
approval.
RECOMMANDATIONS DU RAPPORT
1.
Que le Comité
de recommande au Conseil d’approuver une
modification au Règlement de zonage 2008-250 en vue de changer le zonage du
975, chemin Richmond de TM H(15) à TM [1373] H(15), comme l’explique le
document 2.
2. Que le Règlement pour
mettre en pratique la recommandation 1 ne soit pas sanctionné avant qu’un
examen du plan d'implantation soit soumis et approuvé, concernant les terrains
adjacents du côté est (955, 965 et 971, chemin Richmond) en vue d’y intégrer le
975, chemin Richmond.
3. Que l’approbation du rezonage
expliqué dans la recommandation 1 soit nulle et sans effet si les exigences de
la recommandation 2 ne sont pas satisfaites dans les 12 mois suivant
l’approbation.
BACKGROUND
The subject property is located on the
north side of Richmond Road, west of Woodroffe Avenue. The property is currently vacant, following
the recent demolition of a structure previously utilized as a restaurant. It is the most westerly of four contiguous
lots owned by the applicant. A car
dealership presently occupies the other three lots. Further to the east of the car dealership is
a high-rise apartment building with ground floor commercial uses. To the west, along Richmond Road, are
commercial properties and a 28-storey condominium high-rise building. To the north is a low-density residential
development while on the south side of Richmond Road is a linear park along
Byron Avenue. Further to the south is a low-density residential neighbourhood.
The current zoning designation of the
subject land is Traditional Mainstreet with a maximum height limit of 15 metres
(TM H(15)). The applicant’s other
properties to the east, from 955 to 971 Richmond Road, are also zoned
Traditional Mainstreet, with an exception to permit a car dealership (TM [1373]
H(15)). The purpose of this application
is to add the exception of permitting a car dealership to 975 Richmond Road, to
allow for car storage.
As noted above, the existing zoning of 975 Richmond Road
is Traditional Mainstreet with a height limit of 15 metres (TM H(15)). The purpose of Traditional Mainstreet (TM)
zone is to accommodate a broad range of uses including retail, service
commercial, office, residential and institutional uses, including mixed-use
buildings but excluding auto-related uses.
It is intended that the TM zoning foster and promote compact, mixed-use,
pedestrian oriented development. The TM
zone recognizes the function of Traditional Linear Commercial Areas as primary
business or shopping areas both for adjacent residential areas and the larger
community and imposes development standards that will ensure that street
continuity, scale and character is maintained, and that uses are compatible and
complement surrounding land uses. An
automobile dealership is not a permitted use.
The applicant is proposing to change
the zoning to be consistent with the three other contiguous parcels that form
the dealership lands, being Traditional Mainstreet with an exception permitting
an automobile dealership and a maximum building height of 13.8 metres for a
building located within 23 metres of an R2 zone, and a maximum height of 15 m
otherwise (TM [1373] H (15)).
DISCUSSION
The subject property is designated
Traditional Mainstreet in the the Official Plan and is subject to the policies
set out for this land use designation.
The property is also subject to the policies of the Official Plan’s
Growth Management Strategy, which provides direction for intensification of
development in the urban area over the next 20 years. The Official Plan notes that Traditional
Mainstreets offer significant opportunities for renewal and intensification
through more compact forms of development, a lively mix of uses and a
pedestrian-friendly environment. However,
the Official Plan also notes that introducing new development in existing
neighbourhoods that have developed over a long period of time requires a
sensitive approach to differences between new development and the established
area. In this regard, the Official Plan
sets out strategic directions to ensure the compatibility of new development in
established communities.
In the Official Plan, compatible development is defined as development
which, although not necessarily the same as or similar to existing nearby built
form, must co-exist without causing undue adverse impact on surrounding
properties. These include overlook,
shadowing, existing views, increased noise, traffic and infrastructure impacts,
particularly where properties abut mature and established low-rise residential
neighbourhoods.
Assessment
The existing environment along this
section of Richmond Road is characterized by a mix of commercial uses, some
non-conforming, at ground level in apartment buildings, one storey strip malls,
and purpose-built single use buildings and medium-rise apartment
buildings. There are varying depths and
widths of lots along Richmond Road that back onto a low-rise residential area,
limiting future development opportunities.
There currently are auto-oriented uses, both non-conforming and
permitted through exceptions to the zoning.
In general, the section of Richmond Road where the property is located
exhibits characteristics of both a traditional mainstreet and an arterial
mainstreet. Currently, there is not a
cohesive development character and the area does not exhibit qualities today
that contribute to creating a strong pedestrian situation.
Although,
it is anticipated that the area will move towards exhibiting a more traditional
mainstreet character, including having the current auto oriented uses replaced
with more urban development over time, this particular site has seen some
recent redevelopment to improve the current dealership. These include improvements to the pedestrian
environment and mitigating impacts of the dealership on adjacent residential
properties. Considering that a car
dealership is permitted on the adjacent lands and the investment made to expand
this use, it is expected that the dealership will remain for the foreseeable
future. The subject site is now also
owned by the dealership.
As noted in Document 2, it is proposed
that an exception provision be added, requiring the same square footage
approximately equal to that of the existing newly built building (allowing only
potential minor renovations). Having
this provision will permit the same use on all four contiguous properties by
the dealership, accommodating the current business and additional car
storage. In combination with limiting
the ability to expand and requiring site plan control approval prior to
allowing the rezoning ensures that the impacts of the rezoning on ultimately
achieving a more compatible traditional mainstreet development will be
maintained. This rezoning permits
redevelopment that acts as a transition from the existing arterial mainstreet
characteristics to a more compatible traditional mainstreet development in the
future.
Richmond
Road / Westboro Community Design Plan
The
Richmond
Road / Westboro Community Design Plan (CDP) was adopted
by City Council on July 9, 2007 and currently has Secondary Plan Status. The CDP is a guide to the areas long-term design and
development, taking into consideration land use, urban design, zoning,
transportation, existing streetscape conditions, compatibility of new
development, and other issues of concern to the local communities. The purpose of the CDP is to translate the
principles and policies of the Official Plan to the community level.
The following objectives for the Richmond Road/Westboro Area established
the basis for the policies set out by the Community Design Plan:
·
To
consider the CDP as the backbone for any significant change in the community,
in keeping with the Official Plan and other related urban design principles;
·
To
create an attractive, pedestrian-friendly built environment;
- To create a well-designed and vital
pedestrian streetscape along the designated Traditional Mainstreets (Richmond Road and Scott Street);
The subject property is located within
the Woodroffe North Sector of the Richmond Road/Westboro community. Woodroffe North has a combination of the
characteristics of a pre-1945 Traditional Mainstreet and of a post 1945
arterial mainstreet. The post 1945
arterial mainstreet character is reflected by the areas diverseness in uses and
greater automobile orientation. However,
over time, the community anticipates and the Official Plan directs that the
area will evolve to exhibit a stronger traditional mainstreet connection with
the residential and compatible commercial uses providing residents with a range
of services to meet most of their needs within walking distance.
Existing
Characteristics of the Woodroffe North Sector relevant to this proposal, as
stated in the CDP, are as follows;
- “The mix
of commercial uses, some non-conforming, at ground level in apartment
buildings, one storey strip malls, purpose-built single use buildings and
two medium-rise apartment buildings contributing to a sense of visual
chaos along Richmond.”
- “Varying depth and width of lots along
Richmond that back onto a low-rise residential area limits future
development opportunities.”
- “Auto-oriented uses (both non-
conforming and exceptions to the permitted zoning) contribute to a
pedestrian unfriendly landscape.”
Challenges and Opportunities for the
Woodroffe North Sector relevant to this proposal, as stated in the CDP, are as
follows;
- “Opportunity for mixed-use development
to replace existing commercial uses that do not contribute to a Mainstreet
character.”
- “Automobile-oriented uses that remain
need to create a better pedestrian orientation to the street that helps to
enhance the image of the adjacent residential community.”
3. “Development approvals need
to ensure an adequate transition between new development on Richmond Road and
existing low density/scale residential uses to the north.”
4.
“The
compatibility/impact of future infill development along Richmond with the
existing residential community.”
“Sector 2, the Woodroffe
North area of Richmond, should gradually redevelop from automobile-oriented
type uses characterized by car dealerships, one-storey strip malls and
stand-alone commercial buildings surrounded by parking to a
residential/mixed-use community, in buildings with some ground floor commercial.”
“An automobile
dealership at 955, 965 and 971 Richmond Road has been working with the adjacent
Woodroffe North community over the last three years on a plan to formalize
their operations. The community is satisfied with the more modest
building expansion now being proposed, which includes a facade along the
Richmond Road street edge, to improve the aesthetics of the new car display
area. In spring 2007, City Council
approved an application to change the zoning to permit the auto dealership use
at all three addresses.
In the longer
term, it is expected that this use will be replaced by a more
appropriate Traditional Mainstreet type of development.”
The CDP provides clear direction for
the existing dealership to be replaced by a more appropriate Traditional
Mainstreet type of development in the long term. However, the CDP also acknowledges that the
existing dealerships that remain need to create a better pedestrian orientation
to the street that helps to enhance the image of the adjacent residential
community. The proposed rezoning is not
to create a new dealership on the Traditional Mainstreet but to allow the
expansion to the existing business to provide additional vehicle storage. In addition, the additional property is not
to accommodate a larger building, consequently, the proposal is not seen as
sterilizing the property from redevelopment in the future, but can be seen as
supporting a transitional use until the site is redeveloped to a more
traditional mainstreet type use.
As a Site
Plan has recently been approved by the city for 955, 965 and 971 Richmond Road
and an agreement entered into, it is recommended that this Site Plan be revised
to include the property subject to this rezoning, in order to encourage the
best pedestrian environment and compatibility with the adjacent residential
uses, prior to the zoning amendment taking effect.
RURAL IMPLICATIONS
N/A
CONSULTATION
COMMENTS
BY THE WARD COUNCILLOR
The Councillor is aware of the
application and the staff recommendations and has no comments.
LEGAL/RISK
MANAGEMENT IMPLICATIONS
Should the zoning by-law be approved
but appealed, it is anticipated that a two-day hearing would result that could
be conducted with staff witnesses. In
the event the amendment is to be refused, reasons would have to be
provided. An outside planner would need
to be retained at an estimated cost of $20,000.
CITY STRATEGIC PLAN
By requiring Site Plan approval prior
to finalizing the zoning approval, the city can move forward the following
priorities and objectives of the City Strategic Plan;
Sustainable Healthy and Active City –
Require walking, transit, and cycling oriented communities and employment
centres.
Planning and Growth Management –
Respect the existing urban fabric, neighbourhood form, and the limits of
existing hard surfaces so that new growth is integrated seamlessly with
established communities.
TECHNICAL IMPLICATIONS
N/A
FINANCIAL IMPLICATIONS
N/A
APPLICATION
PROCESS TIMELINE STATUS
This application was not processed by
the "On Time Decision Date" established for the processing of Zoning
By-law amendment applications due to ongoing discussion of the councillor,
community association and property agents regarding mitigating impacts of the
dealership on the surrounding communities.
SUPPORTING
DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
DISPOSITION
City Clerk and Solicitor Department,
Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program
Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning and Growth
Management
to prepare the implementing by-law, forward to Legal Services and undertake the
statutory notification.
Legal Services to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF
RECOMMENDED ZONING DOCUMENT
2
Proposed
Changes to the Comprehensive Zoning By-law
The subject lands will be rezoned from
TM H(15) to TM[1373] H(15)
Column II - Applicable Zone
- TM [1373]
H(15)
Column V - Provision to be added;
- A car dealership building limited to a GFA
of 2 520 square metres
CONSULTATION
DETAILS DOCUMENT
3
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.
SUMMARY OF PUBLIC INPUT
The Department received comments from
the Woodroffe North Community Association and a person on behalf of 1025
Richmond Road (28-storey condominium high-rise building on the north side of
Richmond Road, adjacent to the subject lands).
The Woodroffe North Community Association also made reference to
discussions with the Woodpark Community Association, although separate comments
were not submitted. The position
originally was in opposition of the proposed rezoning.
The
Councillor had various discussions with the concerned groups and met with some
of these people on October 14, 2009, although a formal public meeting was not
advertised. The result of the
discussions was that the Woodroffe North Community Association withdrew their
opposition of the rezoning, due to commitments from the property owner to
address issues and mitigate their impacts (see Appendix 1). A summary of those concerns are provided
below.
The Department also received another
comment in support of the rezoning from a business owner whose business is
located within close proximity of the existing dealership.
COMMUNITY ORGANIZATION COMMENTS
Woodroffe
North Community Association (WNCA)
- Maximum
Height Limit - The information concerning the maximum height
limit does not appear to be accurate. The height of all four properties (955,
965, 971 and 975 Richmond Road) was reduced to 15 metres from 25 metres as
the result of a zoning by-law related to the Richmond Road Community
Development Plan.
Response - City Council adopted Zoning By-law
Amendment 2008-433 on November 26, 2008.
The Amendment covered the entire Richmond Road/Westboro CDP area,
including 955-975 Richmond Road, which was rezoned from a maximum height of
25 metres to 15 metres. Subsequent
to Council’s adoption of the By-law, one appeal was lodged. This resulted in the Amendment not coming
into full force and effect following the conclusion of the appeal period. On May 25, 2009, the OMB heard a request from
the City of Ottawa that the Amendment come into full force and effect save and
except for the appellant’s property, which the appellant had no objections
to.
The OMB approved the By-law and it is
considered to be in place retroactively to November 26, 2008. The in place zoning sets the maximum
permitted building height of 13.8 metres for a building located within 23
metres of an R2 zone for the existing dealership lands (due to the exception on
the property), and a maximum height of 15 metres otherwise (TM [1373] H
(15)) for the remaining area of the dealership lands and for the subject
property.
- Previous
Incompatible Rezoning – This application is the fourth time that the
applicant has asked for an exception to the City of Ottawa’s Zoning By-law
to allow a car dealership (with both sales and service activities) which
is a non permitted use, adjacent to two mature, low-density residential
communities (Woodroffe North and Woodpark). In addition there are residential uses on Pooler Avenue and Orvigale Road. Both are immediately to the north of the
four contiguous properties (955, 965, 971, 975 Richmond Road). One Richmond Road site currently in use
as a car dealership has been used by several car dealerships over more
than three decades. Its existence
predates any Zoning By-law in the City of Ottawa. All other car dealerships, according to
the WNCA research are the direct result of the City of Ottawa allowing
exceptions to its Zoning By‑laws over time. With the exception of one site, none
would be there as of right.
Concerns from the community-included noise, lighting, increased
traffic and loss of privacy. A
large and noisy external fan was installed outside the facility after
construction of the facility. City
of Ottawa’s by-law files have complaints as far back as 1991. Concerns were realized, specifically
being:
·
Service Bays have impacted enjoyment of
property of a number of Woodroffe North Community Association members who live
on Pooler Avenue and Orvigale Road.
·
A high chain linked
fence with barbed wire was installed across the north boundaries of 965 and 971
Richmond Road.
·
Ball parking lighting also installed
·
In 2003 it was determined that the rezoning
application and site plan application for the three contiguous properties would
be reviewed and approved as a package to ensure that the negative impacts from
service operations at the rear of 955 Richmond Road would be
addressed. Site plan control for 955,
965, and 971 Richmond road was issued on March 17, 2009 and work commenced
shortly thereafter. The Site plan
approvals expectation that the fulfillment of these conditions will eliminate,
or significantly mitigate, long standing compatibility problems, dating back to
1991. As of July 20, 2009 none of the
conditions had been fulfilled.
·
October 5, 2009 – new lighting was installed
that created more spill over lighting.
Light standards are higher than the old ones. The new lights do not have any hoods or
baffles to prevent spill over. The light
bulbs are very powerful, akin to those in ball parks.
A number of
commitments were made to secure the Woodroffe North Community Association
support for the rezoning of 965 Richmond Road.
It is expected that these commitments will be fulfilled in the coming
months, after seven years of effort on the part of the community association. The Woodroffe North Community Association is
seeking certain assurances with regard to the future development of 975
Richmond Road. In May 2008, the property owner stated that he would
consult with the Association before proceeding with a rezoning application, of
which he did not.
At the time
this comment was submitted the WNCA was asking that the current application for
a Zoning By-law amendment at 975 Richmond Road be put on hold pending the
fulfillment of all Site Plan conditions for 955, 965 and 971 Richmond Road, and
the receipt of confirmation of compliance by the City of Ottawa in a
post-development inspection.
Response –
Although the WNCA has removed their objection (see appendix 1), it is recommended
that mitigating solutions be formalized, where possible, in the revised site
plan agreement that is recommended to be a requirement to this approval. The following were commitments made at the
October 14, 2009 meeting between residents and Ottawa Honda.
Lighting: Ottawa Honda, will pursue installing baffles
on the lights at Ottawa Honda located near Pooler Avenue in order to reduce
spill over lighting on the residences on Pooler Avenue.
As well, in response to concerns raised by Park
Place residents over spill-over lighting into their residences from the lights
illuminating the front of the dealership on Richmond Road, Ottawa Honda, agreed
to examine reducing the brightness (wattage) of these lights in order to
mitigate this spill-over lighting.
Noise: In the event of car alarms sounding at the
Ottawa Honda lot after working hours, Ottawa Honda, agreed to provide the
contact number of the night-time security officer at Ottawa Honda to both the
Woodroffe North residents and the Park Place residents so that the appropriate
action could be taken to turn off these car alarms.
In
response to cars honking as they enter/exit the service bays at Ottawa Honda,
Ottawa Honda, agreed to post a sign on the car dealership building requesting
that car horns not be sounded as a courtesy to the neighbours, and to
communicate this to his staff. The sign
was also to ask that no vehicles be left idling. Signs regarding idling and
horns have been erected as of October 22, 2009.
Landscaping: While
clearly there is debris from the construction activity now going on at the
dealership, Ottawa Honda, agreed that they would do a clean-up of the site
(including any spill-over onto neighbouring properties) once construction was
finished.
As
well, in response to a request from the neighbours in Woodroffe North, Ottawa
Honda, agreed to look at placing a landscaping screen of conifer trees on the
north side of the dealership property towards the western corner, as a buffer
between it and the property line. More
specifically, privacy screening should be provided at the rear of 975 Richmond
Road. The wooden fence covers 955, 965
and 971 Richmond Road only.
Conifers could be planted on the slope so that Mr. Dilawri could
have full use of the site
For information, other commitments made by
Ottawa Honda on October 14, 2009 that cannot be formalized in a site plan
agreement are as follows:
Car
Deliveries: Concern was expressed by community members
regarding previous practices of early morning deliveries (before the By-law-stated
time of 7 a.m.) at the car dealership and previous practices of car
deliveries for the dealership occurring on Richmond Road and on Byron Avenue,
disrupting traffic. Ottawa Honda, confirmed that these practices were no longer
in effect, that deliveries are to occur in conformity with the City’s Noise
By-law (i.e. after 7 a.m., etc.), and that car deliveries for the
dealership were now occurring at the Laperriere Ave. location (in an
industrial/commercial area) that Ottawa Honda has, and were being ferried over
to the 975 Richmond Road location as the need arose.
Report
on Progress: On the matter of reporting back to the
community on the status of these undertakings, Ottawa Honda, agreed to report
to the meeting participants by the end of November 2009 on the status of these
undertakings, and to consult with the neighbours on the progress of these
undertakings.
- Residential
use permitted use on 975 Richmond Road – It is the understanding that the
land use of record for 975 Richmond Road, at the time that Mr. Dilwari
purchased the property, was for a residential use. If this is accurate than the City of
Ottawa allowed Mexicali Rosa’s Restaurant to operate illegally for many
years. City of Ottawa policy
requires that when a residential use is demolished that the owner must
apply for a building permit to build a new residential use within a year
of demolition. For a decade or more
no one has resided at 975 Richmond Road and the City of Ottawa did nothing
to regularize the situation. The
WNCA is now being told that the City of Ottawa must rigidly enforce its
policy regarding the demolition of a residential use. Why is this policy on demolition
enforced so rigidly applied when others are not.
Response – A building permit from 1984
indicates that the building was a mixed-use building, which is not subject to
demolition control. As well, the zoning was commercial and the restaurant use
was established legally. It is further
noted, that the City of Ottawa Demolition Control By-law only requires that a
building permit be issued prior to a demolition permit when it is a residential
use property. It does not require the
replacement building be a residential use.
- Consideration
of the Richmond Road CDP and Traditional Mainstreet policies – It is the
WNCAs position that the City of Ottawa has a duty to carefully consider
both the Richmond Road CDP, and the intent of the Traditional Mainstreet
designation in the current City of Ottawa Zoning By-law in its assessment
of the 975 Richmond Road Application.
Response – As noted above, these policies were
considered in the evaluation of this rezoning application.
- Car
Storage – It is stated that the zoning by-law amendment is to "allow
the car dealership to expand the dealership and allow more car
storage". As written, this could mean an expansion of the existing
facility (currently confined to 955 Richmond Road) to cover all four
contiguous properties.
Response – It is intended that the dealership
building structures remain as they are - no additions are proposed. A provision is being added to this
recommended re-zoning which would prevent the dealership from expanding its
current gross floor area.
6.
Planning
Rationale submitted by agent – Silent on impact to residential uses on Pooler
Avenue and Orvigale Road. Both of which
are immediately to the north of the four contiguous properties of the
dealership. The planning rationale is
also silent on the Westboro/Richmond Road Community Design Plan. Applicant relies on the existence of car
dealerships as sufficient justification for allowing yet another rezoning to
allow for an incompatible land use at 975 Richmond Road.
Response – Although not supplied by the
applicant in the Planning Rational, these items were considered in the
evaluation of this rezoning application.
1025
Richmond Road
Although
1025 Richmond Road residents do not form a registered community group, they
were involved with the discussions regarding this application and worked
closely with the Woodroffe North and Woodpark Community Associations so there
comments are being included here.
7.
1025
Richmond Road represents a 28-storey condominium high-rise building on the
north side of Richmond Road. The
building is west of the Ottawa Honda dealership and other commercial
properties. The very bright lighting
from the dealership is obtrusive to the units facing the dealership.
Response – It is
recommended that mitigating solutions be formalized, where possible, in the
revised site plan agreement that is recommended to be a requirement to this
approval. See response above for
commitments made at the October 14, 2009 meeting between residents an Ottawa
Honda for Lighting and Landscaping.
8.
In
addition, car alarms frequently go off during the middle of the night and there
does not seem to be anyone in attendance at the dealership to turn off alarms
quickly. A suggestion could be to have a
guard on duty on the premises during the quiet hours for security purposes and
to turn off any car alarms immediately if they accidentally went off. A serious noise incident on July 5, 2009
occurred. The dealership used the back
of the Tim Horton parking lot next door to its property to park the overflow of
its cars. A car alarm went off for
almost four hours starting at 4:38 a.m.
This can only get worse with more cars parking on site.
Response – It is recommended that mitigating
solutions be formalized, where possible, in the revised site plan agreement
that is recommended to be a requirement to this approval. See response above for commitments made at the
October 14, 2009 meeting between residents an Ottawa Honda for Noise.
9.
Work
on the Ottawa Honda property has been ongoing with a large number of cars
already parked in the area subject to the rezoning. Concern that requesting of comments simply a
formality.
Response – The
property owner did have a demolition permit to remove the existing
structure. However, car storage is not
permitted unless the rezoning is changed.
All rezoning applications are assessed based on their merit, regardless
of activities that may be.
10.
Traffic
is so heavy on Richmond Road, such that it is hard to get in and out of the
building. Do not want any more traffic.
Response: This comment came
from a resident at 1025 Richmond Road and may or may not be considered separate
from the comments from the entire Condominium.
However, because a new building or expansion is not being proposed there
is no indication that there will be a resulting increase in traffic.
Appendix 1
(November 20, 2009)
Lorraine Stevens
Planner, Planning and Growth
Management
City of Ottawa
110 Laurier Avenue West
Ottawa, ON
K1P 1J1
Dear Ms. Stevens:
Subject: file D02-02-09-0036 - 975 Richmond Road,
Ottawa
On June 16, 2009 the Woodroffe North
Community Association (WNCA) communicated its concerns about the proposed
rezoning of 975 Richmond Road to allow for the expansion of the Ottawa Honda
car dealership at 955, 965 and 971 Richmond Road.
At that time, our community contacted
Councillor Alex Cullen recommending a deferral of the application pending a
community meeting on the matter. The
item has been in abeyance since that time in the hope that a resolution could
be reached outside of any formal process.
In early October, Councillor Cullen suggested a meeting between Ottawa
Honda representatives and neighbouring property-owners in Woodroffe North,
Woodpark and Park Place. All of the
parties involved agreed to this alternative.
The meeting was held on October 14, 2009 to discuss concerns shared by
the three residential communities, and concerns unique to each of the
residential communities adjacent to Ottawa Honda. General agreement was reached on some issues,
while others would require additional research and discussion.
Three of the issues discussed pertained
to Woodroffe North only - the continuation of the privacy and security fence
across the entire northern boundary of the four properties occupied by
Ottawa Honda, the installation of signage to reduce noise from honking and
idling of vehicles at Ottawa Honda, and a general clean-up of construction and
other debris along the fence line.
Signage was installed shortly after
the October meeting.
A second meeting was held on November
9, 2009 to discuss the clean-up and the possible extension of the fence. On November 13, 2009 I distributed an e-mail
indicating that the clean-up was well advanced at that point. Mr. Tino Tolot has confirmed that the
security and privacy fence will be extended during the current calendar year.
The issue of intrusive lighting
concerns our community and a number of residents of Park Place, at 1025
Richmond Road. All of the parties are
working together to achieve a balance between the need for lighting to ensure
security during quiet hours at Ottawa Honda and the property rights of
neighbouring residential property-owners.
We hope to resolve this matter in the coming weeks.
The Executive of the WNCA met on
November 18th and Bev Binette provided information on the extent of progress to
date and the formal commitments made by Ottawa Honda to our community's
concerns. Despite an outstanding
resolution on the lighting issue, Ms. Binette
recommended that the WNCA withdraw its objection to the proposed
rezoning of 975 Richmond Road. The
Executive accepted this recommendation.
This letter confirms that the WNCA is withdrawing objection to the
proposed rezoning.
I believe that Mr. Dilawri would agree
that talking and working together we have overcome a number of compatibility
problems since 1991. This has happened through "good neighbour"
exchanges and frequently without any intervention from City Hall. It is
our Association's hope that the good faith built over time, despite some
difficult exchanges, is sufficient impetus for early discussion and
consultation should any future development be proposed at 975 Richmond
Road. City of Ottawa records will show that the WNCA has
always come to an agreement with Mr. Dilawri regarding proposed
development and changes. These agreements have been reached after applications,
proposals, etc. have been formally submitted to City Hall. The WNCA would
much rather send a letter of support than a letter of objection regarding any
future development. It is our hope that Mr. Dilawri will consider advance
consultation with the WNCA and with other neighbouring communities in all
future proposals.
A copy of the WNCA letter dated June
16, 2009 and a copy of the November 13, 2009 e-mail are attached to this
letter. Please ensure that this letter
and its attachments form part of the file presented to the Planning and
Environment Committee.
Bev Binette is the Woodroffe North
community contact on this file. She can
be reached at 613-725-0260 should you have any questions or require additional
information.
Yours sincerely,
Original
Signed
David J. Grosvenor
President,
Woodroffe North Community Association
c/o 75 Pooler Avenue
Ottawa, ON
K2B 5A4
c.c. Mr.
K. Dilawri (Owner, Ottawa Honda)
Mr. T. Tolot
(Liff and Tolot)
Mr. M. Houle
(Service Manager, Ottawa Honda)
Councillor
Alex Cullen
John Blatherwick
(President, Woodpark Community Association)
Jeannine
Levesque (on behalf of certain residents at 1025 Richmond Road)
Bev Binette
and David Madeley (104 Pooler Avenue)
Attach (2)