Report to/Rapport au :
Agriculture
and Rural Affairs Committee
Comitι
d'agriculture et des affaires rurales
and Council / et Conseil
11 April 2012 / le 11 avril 2012
Submitted by/Soumis par: Nancy Schepers, City Manager/Directrice
municipal-adjointe, Planning and Infrastructure / Urbanisme et Infrastructure
Contact Person/Personne-ressource : Richard Kilstrom,
Manager/Gestionnaire, Policy Development and Urban Design/Ιlaboration de la
politique et conception urbaine, Planning and Growth Management/Urbanisme et
Gestion de la croissance Ιlaboration de la politique et conception urbaine
(613) 580-2424 x22653, Richard.Kilstrom@ottawa.ca
REPORT
RECOMMENDATIONS
That the Agriculture and Rural Affairs Committee
recommend Council approve and adopt Official Plan Amendment No. XX as
detailed in Document 3.
RECOMMANDATIONS
DU RAPPORT
Que le Comitι
de lagriculture et des affaires rurales recommande au Conseil dapprouver et
dadopter la modification no XX
au Plan officiel, comme il est dιcrit en dιtail dans le document 3.
BACKGROUND
A drive-through facility, a defined land use
in Zoning By-law 2008-250, is a premises used to provide or dispense
products or services through an attendant, window or automated machine to
persons remaining in vehicles that are in a designated queuing space. The Zoning By-law regulates where a
drive-through facility may be permitted in the city in accordance with policies
in the Official Plan.
This report proposes amendments to Section 3.7.1.13, policies regarding
drive-through facilities in the Village designation. (See Document 1 Location
Map Lands in the Village designation.)
Current policies in Section 3.7.1.13 do not generally permit drive-through
facilities in Village Core areas. These policies will remain in effect. However, Section 3.7.1.13 directs that a study be done to develop new policies regarding drive-through
facilities in the Village Core context,
13. Consistent with the village and rural
character, drive-through facilities shall not generally be permitted in the
commercial core area of Villages or along Village mainstreets.
Council shall commission a study of the Village core area
and Village mainstreets in order to determine where, in extraordinary
situations, drive-through facilities may be permitted by site-specific
amendments to the zoning by-law. This study shall consider:
a. Reinforcement of the historical character
of Villages;
b. Encouraging pedestrian friendly
streetscapes;
c. Promoting development of a size and
scale compatible with other development in the area;
d. The geographic extent to which each
Village requires any special policy on drive-through facilities; and,
e. Applicable objectives within Section
2.5.1 and policies within 4.11
The principles
resulting from this study shall be adopted as an official plan amendment. If Council has
not adopted an official plan amendment implementing the above study within
three years of this policy coming into force, drive-through facilities will be
permitted within the Village core areas and along Village mainstreets.
Pending the study
outlined above and prior to the expiration of the three-year period, the provisions
of this Plan in respect of drive-through facilities, regarding Traditional
Mainstreets, shall apply with the necessary modifications in respect of the
Village commercial cores and Village Mainstreets. [Amendment #84, April 16,
2010][Amendment #76, August 04, 2010]
The new
policies will be used as a guide to evaluate where, in exceptional
circumstances, a drivethrough facility may be permitted in a Village Core
through a site-specific Zoning By-law amendment.
Purpose of
the proposed amendment
The purpose of the proposed amendment is to fulfill the requirement in policy
3.7.1.13 to replace the current policies in that section with new policies based
on the findings of the study. (See Document 2 Study - Drive-through
facilities in the Village Core context and Document 3 Proposed Official Plan
Amendment.)
Requested
Official Plan Amendment
The proposed amendment will provide new
policies regarding landscape buffers, pedestrian amenities, heritage-related
issues and compatibility in the Village Core context. These policies are intended to support the historical character and pedestrian-friendly streetscapes in Village Core
areas and encourage development that is compatible with other development in
Village Core areas. The proposed
policies will continue to direct that drive-through facilities in a Village Core
will only be permitted through a site-specific Zoning By-law amendment in
exceptional circumstances.
There will be no changes to the Zoning By-law to permit drive-through
facilities as-of-right in Village Core areas as a result of the proposed
Official Plan amendment.
DISCUSSION
Official Plan
The intent
of the current framework of policies in the Official Plan is to provide a
balanced approach to permissions for drive-through facilities in the city. Drive-through facilities are permitted
as-of-right in many zones, however, the policies recognize that introduction of
a new drive-through facility in certain contexts will require a site-by-site
review in order to ensure compatibility.
These contexts include the Traditional Mainstreet and Central Area
designations and Village Core areas.
Currently,
if an application to permit a drive-through facility in a Village Core area is
received, the policies for the Traditional Mainstreet designation in the urban
area regarding drive-through facilities would be used to evaluate the
application, as follows,
3.6.3.6. New gas bars, service stations, automobile sales and
drive-through facilities will not be permitted on Traditional Mainstreets in
order to protect and enhance the pedestrian environment. However, there may be
exceptional circumstances where a drive-through facility may be located on a
Traditional Mainstreet where the intent of this Official Plan regarding
Traditional Mainstreets can otherwise be preserved. In these cases, appropriate
means such as coordinated tree planting and landscaping, pedestrian amenities
and the dimension, location and number of vehicular accesses will be used to
minimize the interruption of the Traditional Mainstreet street frontage and
ameliorate the impact on the pedestrian environment.
Council-approved
Urban Design Guidelines
The Urban Design Guidelines for Drive-through
Facilities, approved by City Council on May 24, 2006, recognize that
drive-through facilities are a successful and popular means of providing
services to the public,
Drive-through facilities have proven to be
very successful as they target the mobile and car-oriented market. They often
operate 24 hours a day and provide convenience for the traveling public and
offer a sense of security for users at night... While successful and popular, drive-through facilities present many
urban design challenges...
In order to
address these design challenges, detailed guidance is provided in the
guidelines regarding the enhancement of the pedestrian environment along the
public street, the use of landscaped areas to enhance the site and the design
of the building and queuing lanes.
Study
Process
Site visits of Village Core areas were undertaken
in the fall and winter of 2010. Consideration
was given to the pedestrian character of Village Core areas, the promotion of
compatible development and the particular context in each Village Core. In order to gain insight into the character
and typical forms of development in Village Core areas, the following factors
were studied: the location of the Core
area within the Villages; size of Core area; range of lot sizes within the Core
area; range and intensity of commercial and other uses in Core area; cultural
heritage significance of buildings; architectural character of buildings; presence
of landmarks; typical setbacks from lot lines; and, streetscape profile.
The Drive-through Facilities study process was
introduced to rural Community Associations and Councillors as part of the Rural
Review initiative through four ward-based meetings held in February and March
of 2011. Presentation boards and paper
copies of materials, including draft policies and a questionnaire, were
available at fourteen public meetings held in March and April of 2011 regarding
the review of Village Plans, a component of the Rural Review initiative. The draft policies were provided to generate
discussion with interested stakeholders.
Information regarding the Drive-through Facilities study was available
on ottawa.ca on the Rural Review web-pages throughout the duration of the study
and Official Plan amendment process. All
material was provided in French and English with the exception of the draft study,
which was available in French upon request.
Staff visited the Core areas of each
of the villages again throughout 2011.
The draft policies were once again circulated to rural Community Associations
in the winter of 2011 as part of the public consultation process for the Official
Plan amendment.
Study findings and rationale for
proposed policies
In keeping with the direction given in
policy 3.7.1.13, consideration was given to the following issues. The rationale
for the proposed policies associated with each of these issues is described below.
- Reinforcement
of the historical character of the Village The cultural heritage significance
of the buildings in Core areas and the presence of landmarks in Core areas
were observed. Findings of the
study regarding heritage resources indicate almost all of the Villages
contain buildings of some heritage interest, however, the age of the
buildings, number of buildings and significance of these buildings varies
widely. As a result, flexible
policies are needed that address aspects of the design of drive-through
facilities within a heritage context, including the location of queuing
lanes and the compatible siting and design of the building.
- Encouraging
pedestrian friendly streetscapes The architectural character of Core
areas, typical setbacks from lot lines and streetscape profile were
evaluated. Findings of the study
indicate that architectural character and streetscape profiles vary widely
between and within Villages.
Setbacks from front lot lines also varied, however shallow setbacks
were common. In order to encourage pedestrian friendly streetscapes,
policies are needed that address provision of pedestrian amenities. In addition, policies are needed to
address the need for visual buffers between queuing lanes and public
rights-of-way as these buffers will contribute to mitigating the impact of
the drive-through facility on the pedestrian environment.
- The
promotion of development that is compatible in size and scale with other
development in the area The size of the Core area, location of the Core
area, range of lot sizes and range and intensity of commercial and other
uses were studied in order to understand the size and scale of development
in Core areas. Findings of the study
with regard to location of Core areas within Villages indicate that these
areas are usually located at the intersection of two main roads with
larger Core areas expanding along one or both of these roads. In addition, Core areas are typically
surrounded with low density residential uses. While major roads are the preferred
location for drive-through facilities, to ensure compatibility, policies
are needed to address the need for visual buffers, such as soft landscaped
areas, between the drive-through facility and adjacent uses surrounding
the Core area.
- The geographic extent to which each Village requires
any special policy on drive-through facilities - The
findings of the Study indicate that Village contexts vary widely. The Core areas of villages vary in size,
intensity of activity, range of uses, architectural character and cultural
heritage significance. In addition,
even within a particular village, different locations in the Village Core
will vary from other locations in terms of lot size, architectural
character, streetscape profile and presence of sensitive adjacent
uses. As a result, design
considerations will vary widely, and accordingly, appropriate design
solutions will vary on a site-by-site basis from one location to another
in the same Core area. From an
urban design perspective, the feasibility of successfully accommodating a
drive-through facility in a Village Core area is location dependent and
site-design dependent. Detailed
guidance regarding site design and contextual issues are provided in the Council-approved
design guideline documents, Urban
Design Guidelines for Drive-through Facilities and Rural Village Design Guidelines.
- Applicable
objectives in Section 2.5.1 and
policies within 4.11 - Reference to conformity with all
other policies in the Plan is mentioned in the proposed policies.
Planning
Policy Context and Conformity
The following policies are proposed to
replace the current policies in Section 3.7.1.13,
13. Consistent
with village rural character, drive-through facilities and principal use
parking lots will not generally be permitted in Village Core areas.
However, there may be exceptional circumstances where these uses may be
located in a Village Core through concurrent applications for zoning by-law
amendment and site plan control approval where the intent of the policies for the
Village designation and all other policies in the Plan can otherwise be
maintained. Under these circumstances, surface parking and drive-through
facilities will not be permitted between the building and the street.
When reviewing such applications to permit a drive-through facility or
principal use parking lot, consideration must be given to the dimension,
location and number of vehicular accesses, and appropriate means such as
coordinated landscaping, tree planting and pedestrian amenities must be provided
to minimize the interruption of the Village Core streetscape. The
location of driveways and queuing lanes will also be considered with regard to
minimizing impacts on adjacent uses, and fencing and landscape buffers abutting
property lines will be used to address impacts on adjacent uses. Consideration
will be given to the siting and
design of buildings or structures and the location of driveways and queuing
lanes when a drive-through facility or principal use parking lot is proposed in
a heritage context.
14. The design of parking areas that are
accessory to a permitted use in a Village Core that are subject to site plan
control approval will be reviewed according to the same design considerations
as a principal use parking lot in policy 3.7.1.13.
These policies address the need to
support compatible development in Village Core areas, in particular when the
proposed development is occurring in a heritage context. The policies will provide a framework for
evaluating applications for zoning by-law amendment and site plan control in
order to determine where a drive-through facility may be permitted in
exceptional circumstances. The proposed
policies are also in conformity with the direction given in the current
policies in Section 3.7.1.13 in the Official Plan regarding permissions for
drive-through facilities; drive-through facilities will continue to not
generally be permitted in Village Core
areas.
Summary
Completion of the study and the preparation
of policies for drive-through facilities in the Village Core context fulfills
the direction given in the current policies in Section 3.7.1.13 of the Official
Plan.
RURAL
IMPLICATIONS
The proposed amendment will affect
lands with the Village Core areas of the 26 Villages that are designated in
Schedule A of the Official Plan.
CONSULTATION
Notice of
this application was carried out in accordance with the City's Public
Notification and Consultation Policy. Four
responses were received objecting to drive-through facilities being permitted
in Village Core areas. The proposed
amendment will not result in drive-through facilities being permitted
as-of-right in a Village Core area as no changes are proposed to the zoning for
Village Core areas. One comment was
received regarding the wording of the proposed policies.
Detailed
responses to comments are provided in Document 4.
COMMENTS BY
THE WARD COUNCILLORS
The rural Ward Councillors are aware
of the proposed amendments. Councillor
Blais provided the following comment, Councillor Blais has received the
Official Plan amendment proposal dealing with policies for drive-through
facilities in the Village Core areas. He
is aware of the amendment and offers no further comments at this time. No other comments have been received.
LEGAL
IMPLICATIONS
There are no direct 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.
ENVIRONMENTAL IMPLICATIONS
There are no environment implications
associated with this report
TECHNOLOGY
IMPLICATIONS
There are no direct technical
implications associated with this report.
ACCESSIBILITY
IMPACT
Drive-through facilities provide an
additional means of accessing products and services.
TERM OF COUNCIL PRIORITIES
GP2 Apply management controls to
achieve Councils priorities
GP3 Make sustainable choices
APPLICATION PROCESS TIMELINE STATUS
This
application is a city-initiated amendment and was not processed by the "On
Time Decision Date" established for the processing of Official Plan
amendment applications. A deferral was
requested by the agent for the Ontario Restaurant Hotel and Motel Association
(ORHMA) in order to provide further time to refine the wording of the policies.
SUPPORTING
DOCUMENTATION
Document 1 Location Map Lands in the Village designation
Document 2 Study - Drive-through facilities in the
Village Core context (attached separately)
Document 3 Proposed Official Plan Amendment
Document 4 Consultation Details
DISPOSITION
City Clerk and Solicitor Department,
Legislative Services to notify Ghislain Lamarche, Program Manager, Assessment,
Financial Services Branch (Mail Code:
26-76) of City Councils decision.
Planning
and Growth Management to prepare the by-law
adopting the Official Plan Amendment, forward to Legal Services, and undertake
the statutory notification.
Legal Services to forward the
implementing by-law to City Council
LOCATION MAP LANDS IN THE VILLAGE DESIGNATION DOCUMENT 1
PROPOSED OFFICIAL PLAN AMENDMENT DOCUMENT 3
Land use
Utilisation du sol
The Statement of
Components
3
PART A THE PREAMBLE
Purpose
. 4
Location
4
Basis
. 4
PART B THE AMENDMENT
Introductory Statement . 5
Details of the Amendment . 5
THE STATEMENT OF COMPONENTS
PART A
THE PREAMBLE,
introduces the actual Amendment but does not constitute part of Amendment
No. X
to the City of Ottawa Official Plan.
PART B
THE AMENDMENT, consisting
of the following text and maps constitutes both the actual Amendment No. X to
the City of Ottawa Official Plan.
PART
A - THE PREAMBLE
1.0 Purpose
The purpose of Amendment No. X to the
City of Ottawa Official Plan is to fulfill the
requirement in policy 3.7.1.13 to replace the current policies in that section
with new policies based on the findings of a study of drive-through
facilities in the Village Core context.
2.0
Location
This report proposes amendments to Section 3.7.1.13,
policies for the Village designation regarding drive-through facilities and
will affect lands in Village Core areas.
3.0
Basis
Current policies in Section 3.7.1.13 do not
generally permit drive-through facilities in Village Core areas. These
policies will remain in effect. However,
policies for the Village designation direct that a
study be done to develop further policies regarding drive-through facilities in
the Village Core context. The new
policies will be used as a guide to evaluate where, in exceptional circumstances,
drivethrough facilities may be permitted in a Village Core through a
site-specific zoning by-law amendment.
3.1
Background
While
drive-through facilities are not generally permitted in Village Core areas,
policy 3.7.1.13 provides for a drive-through facility to be permitted through a
site-specific zoning by-law amendment in an exceptional circumstance. The policies for the Traditional Mainstreet
designation would be used to evaluate such an application, however, these
policies were drafted to address the urban Traditional Mainstreet context. The proposed amendment will provide new policies
that address the Village Core context when evaluating an application to permit
a new drive-through facility.
PART B THE AMENDMENT
1.0
The Introductory Statement
All
of this part of this document entitled Part B The Amendment, consisting of
the following text, constitutes Amendment No. X to the City of Ottawa Official
Plan.
2.0 Details of
the Amendment
2.1 The City of Ottawa Official Plan, Volume
1, is hereby amended as follows:
13. Consistent with village rural
character, drive-through facilities and principal use parking lots will not
generally be permitted in Village Core areas. However, there may be
exceptional circumstances where these uses may be located in a Village Core
through concurrent applications for zoning by-law amendment and site plan
control approval where the intent of the policies for the Village designation
and all other policies in the Plan can otherwise be maintained. Under
these circumstances, surface parking and drive-through facilities will not be
permitted between the building and the street. When reviewing such applications
to permit a drive-through facility or principal use parking lot, consideration
must be given to the dimension, location and number of vehicular accesses, and
appropriate means such as coordinated landscaping, tree planting and pedestrian
amenities must be provided to minimize the interruption of the Village Core
streetscape. The location of driveways and queuing lanes will also be
considered with regard to minimizing impacts on adjacent uses, and fencing and
landscape buffers abutting property lines will be used to address impacts on
adjacent uses. Consideration will be given to the siting and
design of buildings or structures and the location of driveways and queuing
lanes when a drive-through facility or principal use parking lot is proposed in
a heritage context.
14. The design of
parking areas that are accessory to a permitted use in a Village Core that are
subject to site plan control approval will be reviewed according to the same
design considerations as a principal use parking lot in policy 3.7.1.13.
3.0 Interpretation
Implementation
and interpretation of these chapters shall be made having regard to information
of all of the chapters of the Official Plan.
CONSULTATION DETAILS DOCUMENT
4
PUBLIC
COMMENTS
The consultations for the
Drive-through Facility Study were carried out in conjunction with the review of
the Village Plans, a component of the Rural
Review initiative. The Drive-through Facility Study and the projects in the
Rural Review initiative were introduced to the rural community associations at
four ward-based meetings held in February and March of 2011. Presentation
boards and paper copies of materials, including draft policies and a
questionnaire, were available at the fourteen public meetings held in March and
April of 2011 as part of the consultations for the review of the Village Plans. The draft policies were provided to generate
discussion with interested stakeholders.
Information regarding the Drive-through Facilities Study was available
on ottawa.ca on the Rural Review e-pages throughout the duration of the Study
and Official Plan amendment process. All
material was provided in French and English with the exception of the draft
Study, which was available in French upon request.
SUMMARY OF PUBLIC INPUT
No comments were received from the
public during the statutory circulation for the Official Plan amendment. One comment was received from the agent for
the Ontario Restaurant Hotel and Motel Association (ORHMA). ORHMA requested amendments to the wording of
the proposed policies. These requests were accommodated to the fullest extent
possible while still maintaining the objectives of Section 3.7.1.13.
Four comments were received from the
public during the spring 2011 consultations that objected to drive-through
facilities being permitted in Village Core areas. The proposed amendments will not result in
this use being permitted as-of-right in a Village Core and there will be no
changes to the Zoning By-law as a result of the proposed Official Plan policies.
COMMUNITY ORGANIZATION COMMENTS
None were received.
ADVISORY COMMITTEE COMMENTS
None were received.