9. ZONING - 1075 Bank Street

ZONAGE - 1075, rue Bank

COMMITTEE RECOMMENDATION AS AMENDED

That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to add a temporary use provision to the CN4 [516] F(1.5) Neighborhood Linear Commercial zone for the property at 1075 Bank Street to permit a restaurant, take-out for a period of three years as detailed in Document 2, subject to the following amendments:

1. That Document 2 be amended by inserting the phrase ‘of not more than 24 square metres’ immediately after the phrase ‘take-out’.

2. That no further notice be provided pursuant to Section 34 (17) of the Planning Act.

RECOMMANDATION MODIFIÉE DU COMITÉ

Que le Conseil municipal approuve la modification au règlement municipal de zonage de 1998 de l’ancienne Ville d’Ottawa en vue d’y ajouter une disposition d’utilisation temporaire à la désignation de zone de rue commerçante de quartier CN4 [516] F(1.5) de la propriété située au 1075 de la rue Bank pour permettre l’exploitation d’un restaurant avec comptoir de commandes à emporter pendant une période de trois ans, comme le précise le document 2, sous réserve des modifications suivantes :

1. Que le document 2 soit modifié par l’ajout des mots « of not more than 24 square metres » (de 24 mètres carrés au maximum) immédiatement après les mots « take-out » (comptoir).

2. Qu’aucun autre avis ne soit donné aux termes du paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

Documentation

1. Development Services Department General Manager’s report dated 14 July 2003 (ACS2003-DEV-APR-0164).

2. Extract of Draft Minutes, 24 July 2003.

Report to/Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

and Council/et au Conseil

14 July 2003 / le 14 juillet 2003

Submitted by/Soumis par: Ned Lathrop, General Manager/Directeur général

Development Services Department / Services d’aménagement

Contact/Personne-ressource: Grant Lindsay, Manager, Development Approvals / Gestionnaire, Approbation des demandes d’aménagement

580-2424 ext. 13242, grant.lindsay@ottawa.ca

Ref N°: ACS2003-DEV-APR-0164

SUBJECT: ZONING - 1075 BANK STREET

OBJET: ZONAGE - 1075, RUE BANK

REPORT RECOMMENDATION

That the Planning and Development Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to add a temporary use provision to the CN4 [516] F(1.5) Neighborhood Linear Commercial zone for the property at 1075 Bank Street to permit a restaurant, take-out for a period of three years as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal d’approuver la modification au règlement municipal de zonage de 1998 de l’ancienne Ville d’Ottawa en vue d’y ajouter une disposition d’utilisation temporaire à la désignation de zone de rue commerçante de quartier CN4 [516] F(1.5) de la propriété située au 1075 de la rue Bank pour permettre l’exploitation d’un restaurant avec comptoir de commandes à emporter pendant une période de trois ans, comme le précise le document 2.

BACKGROUND

An application for a zoning amendment was submitted for the property at 1075 Bank Street to permit a take-out restaurant. The subject property is located at the northeast corner of the intersection of Bank Street and Sunnyside Avenue within Old Ottawa South. The property accommodates a one-storey commercial building that is used as a veterinary hospital, a surface parking area to serve this use and other commercial uses along Bank Street, and a chip wagon that occupies a location within the parking lot adjacent to the Bank Street sidewalk.

The chip wagon is considered a restaurant, take-out under the former City of Ottawa Zoning By-law 1998, and is not permitted within the CN4 [516] F(1.5) zone that applies to the property at 1075 Bank Street. The operator of the chip wagon established this use in contravention of the Zoning By-law and was issued a notice of violation. The owner has applied for this Zoning By-Law amendment application to correct the zoning violation.

DISCUSSION

Take out restaurants are a use generally considered suited to locations within Neighborhood Linear Commercial zones. However, the Neighborhood Linear Commercial zone applying to Bank Street in Ottawa South specifically prohibits this use. In this regard, take out restaurants were seen as a use that was incompatible with the objectives for the development of this part of Bank Street as set out in the Ottawa South Neighborhood Development Plan (1980). This plan provided direction for Bank Street in Ottawa South to be developed as the main street for the Ottawa South community where uses that are incompatible with the residential area and the main street function for Bank Street would be prohibited.

City Council Approved Official Plan

The City Council approved Official Plan reconfirms the direction established by the Old Ottawa South Neighborhood Plan and former city of Ottawa Official Plan for Bank Street in Ottawa South. The Council approved Official Plan designates lands along Bank Street within Ottawa South as a Mainstreet. This designation recognizes that commercial streets like Bank Street offer some of the more significant opportunities in the city for renewal and intensification and provides direction for Mainstreets to accommodate more concentrated forms of development where a lively mix of uses would be provided and to advance a more design oriented approach to planning. Areas designated Mainstreet generally benefit from being served well by existing infrastructure, such as transit, and allow for housing, employment, retail, and civic functions to be located in close proximity to establish a community focus. Bank Street in Ottawa South is considered a pre-war vintage mainstreet in the context of the new Official Plan where a tightly knit urban fabric that is small scale and close to the street with narrow frontages characterizes the development pattern. Under the policies of the new Official Plan, support is provided for projects that achieve a more densely developed form along Mainstreets in a manner that sensitively builds on existing neighborhoods.

Former City of Ottawa Official Plan and Zoning

The planning framework established for Bank Street in Ottawa South was reconfirmed through the Neighborhood Linear Commercial Area designation established for Bank Street in Ottawa South by the former City of Ottawa Official Plan which was implemented by the CN4 [516] F(1.5) zoning that applies to lands along Bank Street between Echo Drive and Belmont Street. Under the policies of the former City of Ottawa Official Plan, direction is provided to enhance the unique mixed-use and pedestrian oriented character of older commercial areas to serve both residents in the vicinity, with some specialized areas and/or uses attracting customers from beyond the neighborhood. In regards to built form, the former Ottawa Official Plan provides direction to achieve and maintain street oriented retail activity at grade that generates pedestrian interest and activity through a series of continuous building facades and compact development.

The prohibition of restaurant, take-out uses along Bank Street in Ottawa South under the current CN4 zoning has been reconfirmed through the Urban Design and Zoning Study recently completed for Bank Street in Old Ottawa South. This study, as part of the implementation of the new Council approved Official Plan for Bank Street in Ottawa South notes that a restaurant, take-out is not appropriate for the long-term development of this section of Bank Street. The study concluded that the area would be better served by compact mixed-use developments with continuous building facades and retail services at grade to improve visual quality and contribute to a neighborhood focused human-scaled and pedestrian friendly environment.

Conclusions

The subject application has been assessed in the context of both the City Council approved Official Plan and the former City of Ottawa Official Plan. In view of the historical direction established for Ottawa South to not allow a take-out restaurant, and that has been recently reconfirmed through the Urban Design and Zoning Study for Bank Street in Ottawa South, staff can not support the request to change the zoning to allow for a permanent take-out restaurant for the subject property. The requested zoning to permit a take-out restaurant to allow the chip wagon to remain for an indefinite period will detract from the long term objectives of both the Council approved Official Plan and former City of Ottawa Official Plan to achieve more compact development and a continuous building edge along the street.

The former Ottawa Official Plan, however, does allow consideration to be given to permitting on a temporary basis uses that are not considered appropriate in the context of the Plan’s objectives where the use will not adversely effect the achievement of the Plan’s long term direction. The recommended temporary zoning to allow the chip wagon for three years can be supported under the temporary use policies of the former City of Ottawa Official Plan, which until the Council approved Plan receives final approval, remains the statutory Official Plan against which rezoning applications must be assessed. Permitting the chip wagon for three years will not adversely affect the long term direction established for Bank Street under either the Council approved or the former City Official Plan. It is not a permanent structure and will not result in permanently establishing a use considered inappropriate for the street. Rather, the temporary zoning will allow the chip truck operator time to find an alternative location for the current business, will allow the current business to operate until an alternative location is found, and will allow the long term planning intent for Bank Street in Ottawa South to be realized following expiration of the temporary zoning.

CONSULTATION

This application was subject to the City’s Public Notification and Consultation Policy for Development Applications. On-site signs were posted and notification was given to registered Community Organizations. Four letters expressing opposition to a permanent zoning change to allow a restaurant, take-out on the subject site were received. Also, the Old Ottawa South Community Association provided correspondence objecting to the requested zoning change if it would allow a restaurant, take-out other than the chip wagon. Document 4 summaries the comments received.

Councillor Clive Doucet was circulated and is aware of the application.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed within the timeframe established for the processing of Zoning By-law Amendment applications because due to staff resource issues.

ATTACHMENTS

Document 1 Explanatory Note

Document 2 Details of Proposed Amendment

Document 3 Location Map

Document 4 Consultation Details

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the owner (Edward Saikaley, 2089 Thistle Cres., Ottawa, Ontario, K1H 5P4), agent (Mr. Akel Zahalan, 1077 Bank Street, Ottawa, Ontario, K1S 3W9), and the Manager of Assessment, Department of Corporate Services of City Council’s decision.

Development Services Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

EXPLANATORY NOTE Document 1

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER -2003 -

By-law Number 2003 - X amends Zoning By-law, 1998 of the former City of Ottawa. This amendment affects the property at 1075 Bank Street, within the former City of Ottawa, located at the northwest corner of the intersection of Bank Street and Sunnyside Avenue. The property accommodates a one-storey commercial building that is used as a veterinary hospital, a surface parking area to serve this use and other commercial uses along Bank Street, and a chip wagon which occupies a location within the parking lot adjacent to the Bank Street sidewalk. The purpose of the proposed temporary zoning is to allow the chip wagon to continue to operate at this location for a temporary period of three years. This chip wagon is considered a restaurant take-out which is not a permitted use for the property.

Current Zoning

The current zoning for the site is CN4 [516] F(1.5), a Neighborhood Linear Commercial Zone. The CN zone permits a mix of commercial uses in a visually continuous small-scale, street-level built form; to foster and promote a pedestrian-oriented retail environment; and to impose site regulations and development standards that will ensure that the commercial uses do not impinge on adjacent uses, or upon local residential uses. A restaurant take-out is not a permitted use. The F(1.5) is a floor space index that permits a building to have a gross floor area equal to 1.5 times the lot area.

Proposed Zoning

The proposed zoning is identical to the current zoning with a further exception established to permit a restaurant, take-out use for a temporary period of three years. The lands affected by the proposed amendment are shown in the attached location map.

Should you have any questions regarding the amendment please contact Jeff O’Neill at 580-2424 ext. 27967.

DETAILS OF PROPOSED AMENDMENT Document 2

1. Amendment to Zoning By-law, 1998

Proposed amendment to CN4 [516] F(1.5) Neighborhood Linear Commercial zone to permit a use on a temporary basis as follows:

1. A restaurant, take-out is permitted for a temporary period of three years.

LOCATION MAP AND ZONING SCHEDULE Document 3

CONSULATIONS DETAILS Document 4

This application was subject to Notification and Consultation, which required the posting of on-site information signs and circulation to concerned community groups. Four responses in opposition were received from the general public and one from a community group. A summary of the comments and staff responses is presented below.

Old Ottawa South Community Association

The Old Ottawa South Community Association provided the following comments:

“…we would only find this [zoning] change acceptable if it is limited to the foot print of the existing chip wagon. Both residents and ourselves have serious reservations about the impact of a zoning change which would allow a larger operation on the site than presently exists. If it is not possible to effectively limit the application of the zoning change and that it will apply to the entire lot, then we would be strongly opposed to this change.”

Response:

The proposed zoning change is for a temporary period of three years to allow the owner of the chip wagon time to find an alternative location for his business. Given the temporary nature of the proposed zoning change, a permanent take-out restaurant will not locate on the subject property. The prohibition on take-out restaurants will be re-confirmed after the three-year period expiries.

Summary of Public Comments

1. Comment: There are currently no take-out restaurants in old Ottawa South and the neighbourhood would not benefit from the addition of one.

Response: The temporary nature of the proposed zoning change will not encourage the establishment of a new, permanent take-out restaurant because the City’s prohibition on take-out restaurants for this area will be re-confirmed after the three-year period expiries.

2. Comment: Take-out restaurants typically have unpleasant cooking smells associated with them, which will adversely affect neighbouring uses.

Response: The temporary nature of the proposed zoning change will not encourage the establishment of a new, permanent take-out restaurant. As such, no new smell in addition to the current odours associated with the existing business will be introduced to the area.

3. Comment: There will be an unwanted increase in pedestrian and vehicular traffic if a take-out restaurant is established on the subject property.

Response: The temporary nature of the proposed zoning change will not encourage the establishment of a new, permanent take-out restaurant. As such, there will not be a foreseeable increase in the level of pedestrian and vehicular traffic associated with the subject property.

4. Comment: The proposed zoning change will have a negative impact on the property value of the adjacent homes and businesses.

Response: It is unlikely that the proposed temporary zoning amendment will have a negative affect on property values in the neighbourhood.

5. The proposed re-zoning would set an unwelcome precedent for the area.

Response: The proposed temporary zoning change re-confirms the City’s prohibition of take-out restaurants for the Bank Street area of Old Ottawa South as set out in the Ottawa South Neighbourhood Development Plan (1980), the Official Plan of the former City of Ottawa, the Council approved Office Plan for the new City of Ottawa, and the Urban Design and Zoning Study for Bank Street in Ottawa South (2003).

Councillor

Councillor Clive Doucet is aware of the application.