4. ZONING - 369 Island Park
Drive and 368-370 Piccadilly avenue ZONAGE - 369, promenade island park et 368-370, avenue piccadilly |
COMMITTEE RECOMMENDATION
That
Council approve an amendment to the former City of Ottawa Zoning By-Law (1998)
to change the zoning of 369 Island Park Drive and 368-370 Piccadilly Avenue
from "CN[489] H(18.0)" (Neighbourhood Linear Commercial, Exception
489) to "CN[909] H(18.0)" (Neighbourhood Linear Commercial, Exception
909) as detailed in Document 5.
Que le Conseil municipal approuve une modification au Règlement de zonage
de l’ancienne Ville d’Ottawa (1998) en vue de faire passer le zonage du 369,
promenade Island Park et du 368-370, avenue Piccadilly de CN[489]H(18.0) (zone
de rue commerçante de quartier assortie d’une exception 489) à CN[909]H(18.0)
(zone de rue commerçante de quartier assortie d’une exception 909) comme le
détaille le Document 5.
The Committee approved the following Motion in conjunction with the staff recommendation:
The following directions to staff were
approved:
1. That
an agreement between the owner of 369 Island Park Drive and 368-370 Picadilly
Avenue be established at the time of Site Plan to provide for hours of
operation of the carwash.
2. That
staff monitor the traffic volume turning right at the location over a one year
period and that securities be taken to allow for this turning restriction and
associated work (curb extension) to take place.
Le Comité a approuvé la motion
suivante compte tenu de la recommandation du personnel :
1.
qu'un accord prévoyant les heures d'exploitation du
lave-auto ait été conclu entre le propriétaire du 369 de la promenade Island
Park et des 368-370 de l'avenue Picadilly au moment du plan d'implantation;
2.
que le personnel fasse une étude de circulation sur
une période d'un an pour déterminer le nombre de virages à droite à cet
emplacement et que des garanties soient obtenues en prévision d'une éventuelle
restriction de ces virages et des travaux connexes (avancée de trottoir).
Documentation
1. Planning and Growth Management Deputy
City Manager’s report dated 23 August 2004 (ACS2004-DEV-APR-0160).
2. Extract of Draft Minutes, 14 September
2004 will be distributed prior to Council.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
23 August 2004 / le 23 août 2004
Submitted by/Soumis par : Ned
Lathrop, Deputy City Manager / Directeur municipal adjoint
Planning
and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation des
demandes d'aménagement
(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca
SUBJECT: |
ZONING - 369 Island Park Drive and
368-370 Piccadilly avenue (FILE NO. d02-02-04-0047) |
|
|
OBJET : |
ZONAGE - 369, promenade island park et
368-370, avenue piccadilly (dossier no d02-02-04-0047] |
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former City of Ottawa
Zoning By-Law (1998) to change the zoning of 369 Island Park Drive and 368-370
Piccadilly Avenue from "CN[489] H(18.0)" (Neighbourhood Linear
Commercial, Exception 489) to "CN[909] H(18.0)" (Neighbourhood Linear
Commercial, Exception 909) as detailed in Document 5.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme et de l’environnement recommande au Conseil municipal d’approuver une modification au Règlement de zonage de l’ancienne Ville d’Ottawa (1998) en vue de faire passer le zonage du 369, promenade Island Park et du 368-370, avenue Piccadilly de CN[489]H(18.0) (zone de rue commerçante de quartier assortie d’une exception 489) à CN[909]H(18.0) (zone de rue commerçante de quartier assortie d’une exception 909) comme le détaille le Document 5.
BACKGROUND
The subject property, 369 Island Park Drive and
368-370 Piccadilly Avenue is located on the south side of Richmond Road as
shown in Document 1. Island Park Esso
currently operates an existing gas bar and automobile service station at 369
Island Park Drive. 368-370 Piccadilly
Avenue is occupied by a used car dealership adjacent to Richmond Road and two
semi-detached dwellings oriented towards Piccadilly Avenue. Together the properties have a site area of
1 719 sq. m with 70 m of frontage on Richmond Road.
Surrounding land uses include two restaurants,
a car audio store and a food and convenience store on the north side of
Richmond Road opposite the site. An
automobile service station and two detached dwellings are located east of the
site on the east side of Piccadilly Avenue.
An office building and detached dwellings are located to the south of
the site. Automobile dealerships are
located at the northwest and southwest corners of the Richmond Road and Island
Park Drive intersection.
The applicant is proposing to demolish the
existing automobile dealership and semi-detached dwellings at 368-370
Piccadilly Avenue, and to develop the site with a single-storey building with a
retail use adjacent to Richmond Road and an attached car wash located
behind. The proposed gross floor areas
of the retail store and the car wash are 257 sq. m and 130 sq. m,
respectively. The total gross floor
area of the proposed building is 388 sq. m.
Ingress to the car wash is to be provided from the gas bar and
automobile service station at 369 Island Park Drive. One access is proposed on Piccadilly Avenue for vehicles exiting
the car wash. A conceptual site plan
and a perspective drawing of the proposed development are illustrated in
Documents 2 and 3.
The site is currently zoned "CN[489]
H(18.0)" (Neighbourhood Linear Commercial, Exception 489), which permits a
range of commercial uses including restaurants and retail stores. The existing gas bar, automobile service
station, automobile dealership and semi-detached dwellings are legal
non-conforming uses.
The applicant is requesting a rezoning of the
site to a new "CN[Exception]" Zone to permit a car wash as a
permitted use in conjunction with a neighbourhood retail use, and to permit a
portion of the existing gas bar and automobile service station site to be used
for a stacking lane for the car wash.
The applicant has also requested a number of site-specific zoning
provisions, which are addressed in the Details of Recommended Zoning section of
this report.
The applicant submitted a permission application to the Committee of Adjustment on June 12, 2002, to expand the non-conforming gas bar and automobile service station operation to include a car wash facility at 368-370 Piccadilly Avenue (File No. OZV2002/A-00235). The application was refused by the Committee of Adjustment and subsequently appealed by the applicant to the Ontario Municipal Board. The Board dismissed the appeal on the grounds that it did not meet the Planning Act requirements for permission to expand or change a non-conforming use.
DISCUSSION
Council Approved Official Plan
The site is located within the Richmond Road "Mainstreet" designation in the Council Approved Official Plan. This designation identifies areas that are intended to provide an uninterrupted network of active, mixed-use, pedestrian-oriented uses. Permitted uses include a wide variety of retail stores, service establishments, offices, community-oriented facilities and residential apartments. Change and renewal within all Mainstreets will be carried out in accordance with the principle of fostering an environment that is architecturally pleasing, lively in its mix of uses, oriented to the street, friendly to pedestrians and that presents a strong continuous building edge along the sidewalk. Richmond Road is also designated as an existing arterial road in the Plan.
Policy 3.6.3.5 indicates that intensification will be encouraged within
Mainstreets, particularly where it will replace surface parking areas that
interrupt the continuity of building façades along the street. Currently, the Richmond Road frontage of
368-370 Piccadilly Avenue is occupied by a surface parking lot for an
automobile dealership. The proposal to replace
this parking lot with a retail store adjacent to Richmond Road complies with
this policy.
Section 3.6.3.8 of the Official Plan describes the issues to be examined
when evaluating a Zoning By-law amendment application within the Mainstreet
designation where a Community Design Plan has not been prepared. In particular, Policy 3.6.3.8e) indicates
that the City will not permit single-storey development where the predominant
form of development is two storeys or more.
Existing development adjacent to Richmond Road near the site includes a
mix of one-storey and two-storey buildings, parking lots and used car
lots. The predominant form of
development is not two storeys or more in this area. Therefore, it is not mandatory to require the proposed building
to be two or more storeys. The same
policy also states that single-storey development shall be generally
discouraged, and that the City should actively negotiate with proponents to
achieve development of more than one storey wherever feasible. Staff have discussed the possibility of
developing a two-storey building with the applicant. However, the applicant only wishes to pursue a single-storey
building. Given the site context, staff
believe that it is not necessary to require a building with two or more storeys
at this location.
The application was evaluated based on the Compatibility of Development
policies in Section 2.5.1 of the Plan.
The proposed retail store will have minimal building setbacks from
Richmond Road and from Piccadilly Avenue, which complies with the Neighbourhood
Linear Commercial Zone provisions that apply to development adjacent to
Richmond Road. The proposed one-storey
building form and proposed accesses are compatible with the site context. The compatibility of the car wash with the
residential uses in the area is discussed in the former City of Ottawa Official
Plan section below.
Former Regional Official Plan
The former Regional Official Plan designates the site as "General
Urban Area". This designation is
intended to be used primarily for residential purposes and the shopping,
services and community facilities required to meet day-to-day needs. The proposed retail store and car wash uses
are permitted within this designation.
Former City of Ottawa Official Plan
The site is located within the "Neighbourhood Linear Commercial
Area" designation in the former City of Ottawa Official Plan. Neighbourhood Linear Commercial Areas are
intended to provide for the main street and store-front-type of commercial
development typically found in older areas of the City. Permitted uses include a wide variety of
retail stores, service establishments, offices and community facilities subject
to the policies of the Plan. The Plan
requires that development proposals within Linear Commercial Areas be evaluated
based on a number of factors. The
principle factors that apply to the development are discussed below.
1) Environmental Quality
Applications are to be reviewed with respect to the impact on
environmental quality and/or constraints as outlined in the Environmental
Management chapter of the Plan. One of
the policies focuses on decreasing carbon dioxide emissions by locating
housing, employment, services and leisure areas in a manner that reduces
distance and vehicle trips.
The applicant submitted a Traffic Impact Study to address the issue of
vehicle emissions and air pollution as the area Community Associations had
expressed concerns regarding emissions related to idling vehicles. The car wash is projected to be used by 40
vehicles per day in the low volume summer months and 75 vehicles per day during
the high volume winter months. In
comparison, the immediately adjacent Island Park Drive/Richmond Road
intersection processes approximately 27,000 vehicles daily, approximately half
of which (13,500) will be stopped at the intersection idling while waiting for
the traffic signal to turn green. The
projected car wash volume represents less than 0.6% (75/13,500 x 100%) of the
total daily traffic idling at the immediately adjacent intersection. According to the study, the vehicles idling
at the car wash will have negligible impact with regard to the area's overall
vehicle emissions, and will have minimal contribution to air pollution.
The study notes that the next nearest similar car wash is approximately
4 km away in Centretown. By providing a
neighbourhood car wash adjacent to an existing gas bar and automobile service
station, the broader neighbourhood's overall vehicle travel, and associated
vehicle emissions and pollution, could be reduced.
Staff contacted the Emission Research and Measurement Division at
Environment Canada to discuss the relative impact of vehicle emissions during
different modes of operation. Their
research has found that modern vehicles emit the most pollution in acceleration
mode, less in cruise mode and the least in idle mode.
It is noted that both the City and the Office of Energy Efficiency at
Natural Resources Canada recommend that vehicle engines be turned off if a
vehicle will be stopped for longer than 10 seconds, except in traffic. This results in a reduction in fuel
consumption and the emission of carbon dioxide, a greenhouse gas that is a
major contributor to climate change.
The possibility of installing anti-idling signage at the proposed
drive-through could be explored to mitigate the impact of vehicle emissions as
part of the site plan approval process for the proposed development.
With respect to water quality and water conservation, the applicant
submitted correspondence indicating that professional car wash facilities such
as the one proposed are effective stewards of the environment through proper
management of wastewater and efficient conservation of fresh water. The applicant asserted that, in all cases,
such facilities are preferable from an environmental perspective to
residential, in-the-driveway car washing.
2) Impact on Residential Development
The Official Plan states that where sites are adjacent to existing or
proposed residential areas, measures are to be taken to discourage those uses
which will have a significant negative impact upon adjoining residential areas
by virtue of noise, fumes and traffic generation. These issues are discussed in order below.
Noise
The applicant submitted a Noise Impact Study to assess the impact of the
car wash noise, with particular concern over the dryer noise, on residential
properties to the east across Piccadilly Avenue. According to the Ministry of the Environment's Noise Assessment
Criteria in Land Use Planning Guideline, a car wash is considered to be a
stationary noise source. The guideline
indicates that a new stationary noise source shall not exceed 50 dBA daytime
noise levels or the minimum hourly background sound level, whichever is
higher. The study determined that the
daytime background noise level due to road traffic along Richmond Road and
Island Park Drive was 63 dBA at the nearest residence on Piccadilly Avenue, and
64.2 dBA for the office building located immediately south of the proposed car
wash. Nighttime noise levels were not
considered because the car wash would provide daytime service only.
To reduce the potential noise impact, the applicant proposes to set the
dryer back into the building by 5 m and to install a 2.4 m high noise barrier
at the rear of the car wash to provide protection for the rear yard of the
neighbouring office property to the south.
Computer modeling indicates that the dryer noise at the nearest
residence across Piccadilly Avenue would be reduced to 62 dBA or less over the
building surfaces. The study notes that
all other noise levels would be maintained at farther distances below the
ambient levels caused by road traffic.
The study assumes that the car wash will be in constant use and that the
drying cycle would produce noise for a maximum of 15 minutes in every
hour. In practice, the drying cycle is
expected to operate substantially less than the 15 minutes every hour. In addition, the study assumes that the exit
door would remain open during the drying process, although it is intended that
it remain closed for half the cycle.
Based on the findings of the study, the noise impact of the car wash
will be less than the ambient noise from road traffic. Therefore, the proposed car wash complies
with the Ministry of the Environment's Sound Level Criteria for stationary
sources, and the car wash noise is not anticipated to have a significant
negative impact on the residential area.
Fumes
The issue of vehicle emissions was previously discussed. In terms of the impact on adjoining
residential uses, there are no existing residential uses adjacent to the
proposed vehicle queue leading to the car wash. The residences on the east side of Piccadilly Avenue would be
separated from idling vehicles by the car wash building and the road
allowance. The residential area to the
south is also separated from the car wash queue by the office property to the
south of the car wash and by the existing Island Park Esso building. As such, vehicle emissions from idling cars
should not have a significant negative impact on the residential uses in the
area.
Traffic
The applicant submitted a Traffic Impact Assessment in support of the
application. In terms of site traffic
generation, the proponent estimates an optimistic yearly car wash volume of
18,000 to 20,000 vehicles per year, which equates to four vehicles per hour
when spread over a 13 hour day (7:00 a.m. to 8:00 p.m.). At a process time of approximately five
minutes per vehicle, a maximum of 12 vehicles can be processed in peak hours. An average of 75 vehicles per day (six
vehicles per hour) are anticipated to use the car wash during the winter
months. The volume during the summer
months is estimated to be 40 vehicles per day (three vehicles per hour).
With regard to traffic impact, the study found the following:
·
For the worst
case (winter) scenario, the car wash can only process 12 vehicles per
hour. As 25% of the trips are estimated
to be combined with a gas purchase, the new traffic related to the car wash is
nine vehicles per hour (12 x 0.75).
·
A worst case
total of nine vehicles per hour represents only 0.6% of the afternoon peak hour
traffic on either Island Park Drive and on Richmond Road, and 0.3% of the total
afternoon peak hour traffic entering the Island Park Drive/Richmond Road
intersection. These percentage
increases are negligible and will have no impact on street or intersection
operation.
·
Due to the lack
of community-wide road connectivity at the south end of Piccadilly Avenue, the
use of Piccadilly Avenue south of the car wash exit is expected to be very low,
and in the range of five to 15 additional vehicles per day, on average. This daily volume increase is considered
very insignificant, but if post-construction monitoring determines it to be
problematic, a "NO RIGHT TURN" sign can be erected at the exit from
the car wash.
The applicant's traffic consultant submitted a supplementary analysis
regarding the traffic impact of the proposed retail store. According to the analysis, the traffic
impacts of the proposed retail store would be quite minimal, totaling
approximately 15 additional vehicles per hour, which equates to the one vehicle
every four minutes on average during peak times.
Based on the foregoing, the proposed car wash will not have a
significant negative impact upon the residential uses in the area in terms of
noise, fumes and traffic impact.
3) Street-Oriented Retail
This policy encourages street-oriented retail activity at grade, which
generates pedestrian interest and activity.
It also seeks to establish a continuity of street-oriented retail
uses. As can be seen from the
perspective drawing in Document 3, the proposed retail component of the
development will generate pedestrian interest and activity along Richmond
Road.
4) Buildings Oriented to the
Street
This policy encourages parking to be located in the rear or side yards
of commercial properties, thereby resulting in continuous building façades
adjacent to the street and improving the area's attractiveness as a
pedestrian-oriented shopping street.
The applicant originally proposed a retail store with an approximately
20 m long façade on Richmond Road and three parking spaces to the west of the
store. Staff suggested that these
parking spaces be eliminated and that the building be expanded further to the
west. This suggestion has been
incorporated in the conceptual site plan in Document 3, which shows a building
with an approximately 29 m long façade along Richmond Road.
Ottawa West
Neighbourhood Plan
The site is located within the Ottawa West Neighbourhood Plan area. The commercial policies in this Plan are
intended to strengthen the existing commercial structure within Ottawa
West. The Wellington Street-Somerset
Street Commercial Street is to be maintained as the main local shopping area
for the adjacent neighbourhoods.
Another policy promotes the commercial and physical revitalization of
the Wellington Street-Somerset Street Commercial Strip for the benefit of
merchants and residents, including the improvement of parking arrangements. While the site is located on Richmond Road
slightly west of the termination of Wellington Street, the two streets function
together as a continuous linear commercial area. The proposed development will replace an existing used car lot
adjacent to Richmond Road with a new retail store, and will assist in
strengthening and revitalizing this linear commercial area.
Details of Proposed Zoning
Staff recommend that the site be rezoned to a new "CN[909]
H(18.0)" (Neighbourhood Linear Commercial, Exception 909) Zone to permit
the proposed car wash and retail store.
The details of the recommended zoning are contained in Document 5. The proposed zoning retains the site-specific
zone provisions that apply to the existing "CN[489] H(18.0)" Zone,
but creates new provisions to address a building containing a car wash. To implement the Official Plan policies for
Mainstreets and Neighbourhood Linear Commercial Areas, the car wash shall only
be permitted provided the car wash is located in a building containing one or
more of the standard uses permitted in the Neighbourhood Linear Commercial
Zone, and 1) the gross floor area of the standard Neighbourhood Linear
Commercial use(s) is at least 200 sq. m excluding the car wash, 2) the car wash
use is not located adjacent to Richmond Road, and 3) the sale of
automotive-related products shall be prohibited in the building.
The following subsections address the requested amendments to the zone
provisions:
1) Separation between a Parking
Lot and the Public Street
The applicant has requested that Sections 75(4), 75(6) and 300(b) of the
Zoning By-law should not apply to the property. These sections require a minimum 3.0 m separation between a
parking lot and a lot line abutting a public street. The applicant is requesting a minimum separation of 0.3 m
instead, and that no fence or screen shall be required.
Staff do not support this request.
The intent of these provisions are to provide landscape amenity space to
buffer private parking lots from the street.
Staff do not believe the proposed amendment complies with the intent of
creating an attractive, pedestrian-oriented environment as specified in the
Mainstreet policies in the Council Approved Official Plan. Further, Island Park Drive is designated as
a Scenic-Entry route, and it would be appropriate to maintain the minimum 3.0 m
separation in the Zoning By-law to provide sufficient landscaping. Staff recommend that this request be
refused.
2) Queuing Spaces for a
Drive-Through
The applicant has requested that the minimum number of queuing spaces be
reduced from 10 spaces to three spaces for a drive-through leading to a car
wash, with a provision that additional spaces may be provided on the adjacent
site (Island Park Esso).
Based on the Traffic Impact Study, the car wash facility is anticipated
to generate an average of six vehicles per hour during the high volume winter
months and three vehicles per hour during the low volume summer months. According to the conceptual site plan, the
proposed drive-through leading to the car wash can accommodate four vehicles,
which is sufficient to accommodate the average demand for the car wash. During peak times, there may be demand for
more than four queuing spaces. The
Traffic Impact Study indicated that three overflow queue spaces can be
accommodated in the existing gas bar area.
The drive-through and overflow queue spaces should be sufficient to
accommodate the demand for the car wash, and staff recommend that a minimum of
four queue spaces be required leading to a car wash. The proposed zoning will also treat 369 Island Park Drive and
368-370 Piccadilly Avenue as one lot for zoning purposes, which will allow the
gas bar and automobile service station site to be used for queue spaces.
3) Turning Radius for a Drive-Through
Waiting Line
The applicant has requested that the minimum inside radius of the
waiting line for a drive through be reduce from 6 m to 5 m. Through the review of the application, staff
and the applicant determined that the proposed drive-through can be
accommodated on the site with the minimum required 6 m turning radius. Accordingly, it is not necessary to reduce
the minimum radius to 5 m.
4) Drive-Through Service
The applicant has requested that Section 296 of the By-law, which
restricts drive-through service in the "CN" Zone, should not apply to
the property. The proposed zoning
allows drive-through service for a car wash use only. Staff believe the drive-through can be accommodated on the site
without undermining the intent of the Mainstreet and the Neighbourhood Linear
Commercial Area policies.
5) Loading Spaces
The applicant has requested that loading spaces should not be required
under Section 107 of the Zoning By-law, given the small size of the development
site and the precedent of street delivery that has already been set in the
surrounding commercial area. Under
Section 107, a loading space is not required for non-residential uses with a
cumulative gross floor area of less than 350 sq. m. The proposed retail store has a gross floor are of 257 sq. m, and
a loading space would not be required for this use on its own. However, the cumulative gross floor area of
the automobile service station, car wash and retail store is 651 sq. m, which
would technically require one loading space.
Staff do not believe it is necessary to require an on-site loading space
due to the Mainstreet context for the site and the relatively small size of the
proposed retail store. Therefore, it is
recommended that a loading space not be required.
6) Parking
The applicant has requested that the parking for the new uses at 368-370
Piccadilly Avenue be calculated together with the existing parking at 369
Island Park Drive, with a view to establishing a limited number of required
parking spaces for the new uses, given the current situation, including
available on-street parking. The
proposed zoning contains a provision that will treat the two properties as one
lot for zoning purposes. This will
allow the parking requirements to be shared between the two properties.
The Zoning By-law requires a minimum parking ratio of three parking
spaces per 100 sq. m of gross floor area for a retail store and one parking
space per 100 sq. m for the car wash and automobile service station
building. A total of 12 parking spaces
would be required for the automobile service station, the proposed retail store
and the car wash under the standard Zoning By-law provisions. There are six available parking spaces at
the existing gas bar and automobile service station site, and five on-street
parking spaces are available on Richmond Road in front of the proposed retail
store. Staff recommend that the parking
ratio for a retail store be reduced to one parking space per 100 sq. m to reflect
the Mainstreet context for the site, which includes transit service and
on-street parking on Richmond Road.
Further, the proposed store is intended to serve the local neighbourhood
and be pedestrian-oriented, which would reduce the need for off-street
parking. Staff also propose that no parking
be required for a car wash use. This
would result in a total off-street parking requirement of five spaces for the
existing automobile service station and the proposed retail store and car wash.
7) Side and Rear Yard Setbacks
The current CN[489] zone includes special side yard setbacks based on
the building and window height. It also
requires a minimum 10 m rear yard setback.
Due to the small area and lot dimensions of 368-370 Piccadilly Avenue,
staff recommend that the standard CN Zone provisions apply for the side and
rear yard setbacks instead. These
provisions indicate that there is no minimum for the side and rear yard
setbacks in situations where the side and rear lot lines do not abut a residential
zone.
In summary, the proposed development complies
with the intent of the Mainstreet policies in the Council Approved Official
Plan and the Neighbourhood Linear Commercial Area policies in the former City
of Ottawa Official Plan. The proposed
development will replace a used car lot and two semi-detached dwellings, which
are existing legal non-conforming uses, with a retail store adjacent to
Richmond Road and a car wash behind.
The retail store will improve the physical environment along Richmond
Road in accordance with the Mainstreet policies. Based on the supporting studies submitted with the application,
the proposed car wash will not have a significant negative impact on the
residential uses in the area in terms of noise, fumes and traffic impact. Therefore, staff recommend that the
application be approved as detailed in Document 5.
The Municipal Environmental Evaluation Process
checklist indicates that there will be impacts on noise as a result of this
application. This impact will be
mitigated by setting the car wash dryer back 5 m into the building, and by
constructing a 2.4 m high noise barrier at the rear of the proposed car
wash.
The City's Historical Land Use Inventory identifies both 369 Island Park Drive and 368-370 Piccadilly Avenue as having potential for environmental contamination. The applicant submitted a Phase I and II Environmental Site Assessment. Based on the soil samples collected from three boreholes located along the western limit of 369 Island Park Drive, there was no evidence of petroleum hydrocarbon contamination. The study concludes that the subject property has not been significantly impacted by past or present on-site or off-site activities and will not require further investigation. The study also contains recommendations regarding the possible presence of materials containing lead and asbestos, and a fuel line leading to a furnace at 370 Piccadilly Avenue that was observed to be prone to damage.
CONSULTATION
Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application. The Ward Councillor is aware of this application and the staff recommendation.
Detailed responses to the notification/circulation are provided in Document 6.
FINANCIAL IMPLICATIONS
The application was not processed within the timeframe
established for the processing of Zoning By-Law amendments due to resourcing
issues.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Conceptual Site
Plan
Document 3 Perspective Drawing
of Proposed Development
Document 4 Explanatory Note
Document 5 Details of
Recommended Zoning
Document 6 Consultation Details
Department of Corporate Services, Secretariat
Services to notify the owner (John Newcombe, 369 Island Park Drive, Ottawa,
Ontario, K1Y 0B1), applicant (David Becker, FoTenn Consultants Inc., 223 McLeod
Street, Ottawa, Ontario, K2P 0Z8), All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager,
Assessment, Department of Corporate Services of City Council’s decision.
Planning and Growth Management 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.
CONCEPTUAL SITE PLAN Document
2
PERSPECTIVE DRAWING OF PROPOSED DEVELOPMENT Document
3
EXPLANATORY NOTE Document
4
EXPLANATORY NOTE TO BY-LAW 2004-
By-law Number
2004- amends Zoning By-law No.
93-98 of the former City of Ottawa. The
amendment affects the properties at 369 Island Park Drive and 368-370
Piccadilly Avenue, which are located on the south side of Richmond Road between
Island Park Drive and Piccadilly Avenue, as shown on the attached Location Map.
The
application is to rezone the subject property from “CN[489] H(18.0)”
(Neighbourhood Linear Commercial, Exception 489) to “CN[909] H(18.0)”
(Neighbourhood Linear Commercial, Exception 909). The current zoning permits a mix of commercial uses with
site-specific zone provisions. The
proposed zoning will add a car wash as a permitted use and modify the
site-specific zone provisions.
For further
information, please contact Burl Walker at 580-2424 ext. 27891.
DETAILS OF RECOMMENDED ZONING Document 5
Area
"A" on Schedule "A" shall be rezoned from "CN[489]
H(18.0)" (Neighbourhood Linear Commercial, Exception 489) to "CN[909]
H(18.0)" (Neighbourhood Linear Commercial, Exception 909).
Notwithstanding
the standard provisions of the CN Zone, the following provisions shall apply to
the land zoned "CN[909]":
Additional
Uses Permitted
·
a car wash is
permitted if it is located in a building that contains one or more of the uses
listed in Section 294, and:
1) the gross floor area of the building is at least 200 sq. m excluding the gross floor area of the car wash,
2) one or more of the uses listed in Section 294 is located adjacent to Richmond Road, and
3) the sale of automotive-related products shall be prohibited in the building.
Provisions
·
lot lines
abutting Richmond Road to be considered the front lot line
·
maximum permitted
front yard setback of 1.0 metre
·
the minimum side
yard setback for a wall that has at least one window in it and is less than 13.8
metres in height is 3.6 metres
·
the minimum side
yard setback for a wall that has at least one window in it and is 13.8 metres
in height or taller is 10.7 metres or half the height of the wall, whichever is
greater
·
no side yard
required in all other cases
·
minimum rear yard
setback - 10 metres
·
minimum 6.0 metre
horizontal separation distance between facing walls required where one building
wall contains a window and both walls are less than 13.8 metres in height
·
minimum 12.0
metre horizontal separation distance required where one building wall contains
a window and one of the walls is 13.8 metres or greater in height
Notwithstanding
the above provisions, the following provisions apply for a building containing
a car wash use:
·
drive-through
service is permitted for a car wash
·
a minimum of 4
queuing spaces are required leading up to a car wash, provided that the car
wash is operated in conjunction with the non-conforming gas bar and automobile
service station located at 369 Island Park Drive
·
a building or a minimum
3 m wide landscaping strip must be provided between a lot line abutting
Richmond Road and the first 3 queue spaces of a drive-through leading to a car
wash
·
a minimum of 1
parking space per 100 sq. m of gfa shall be required for a retail store
·
no parking spaces
are required for a car wash
·
no loading space
is required
·
the minimum side
yard and rear yard setbacks in the CN Zone apply
·
all of the lands
within the CN[909] H(18.0) Zone are considered to be one lot for zoning
purposes
Schedule A to
Draft By-law
CONSULTATION DETAILS Document
6
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. No public meetings
were held in the community.
PUBLIC COMMENTS
1. Comment: The applicant submitted 506 signed letters
of community support for the application stating the following:
"I wish to offer my support for the car wash/retail development proposed by Island Park Esso.
The new retail facility, which replaces a neglected car lot, will greatly improve the image and vitality of the Richmond Road/Island Park Drive intersection. In addition, the automated, environmentally-friendly car wash is a valuable and useful service that will enhance our neighbourhood's self sufficiency."
The applicant noted that the letters of support
included the following:
·
six letters of
support originating from within 100 m of the site
·
18 letters of
support from residents of Island Park Drive
·
36 letters of
support from residents in the Hampton-Iona Community
·
local residents
who work and/or conduct business in the neighbourhood
2. Comment: The National Capital Commission (NCC) provided
comments on the application. The NCC
acknowledged that the proponent's existing automobile service station building
was designed to a high standard, contributing to the visual experience along
Island Park Drive. The NCC does not
oppose the proposed development in principle.
However the NCC is concerned by the potential effects on vegetation and
landscaping near Island Park Drive from the request for relief from the
sections of the Zoning By-law dealing with the separation of a parking area
from a lot line abutting a public street.
The Commission also intends, over the long-term
to upgrade and rehabilitate Island Park Drive in cooperation with partners and
interested parties, by removing turning ramps, planting trees, removing
obstructions and by making other enhancements to the intersection at Richmond
Road.
The NCC encourages the City to explore
alternatives to the proposed Zoning By-law amendment that will enable the City
to encourage the proponent, once a site plan control proposal is received, to
maintain sufficient landscaping and vegetation on and around the site.
Response: Staff have recommended that the request to
reduce the separation distance between a parking area and a lot line abutting a
public street be refused. Opportunities
to further address the NCC's landscape comments can be explored during the site
plan approval process.
3. Comment: It can be shown that vehicle owners idle
excessively with engines while waiting for a car wash to be free. The fumes and pollution caused by the extra
burning of gas will cause the air quality for surrounding residents to
deteriorate. Many families have young
children in the area.
Response: The issue of vehicle emissions from idling
is addressed in the main body of the report.
In summary, the emissions are not expected to have a significant
negative impact on the air quality for the residents in the area.
4. Comment: I have noise concerns with the proposed
development - during construction and also while the car wash is operating.
Response: Construction noise is regulated under Noise
By-law No. 2004-253. The applicant
submitted a Noise Impact Study for the proposed car wash. The projected noise from the car wash dryer
complies with the relevant Sound Level Criteria in the Ministry of
Environment's Noise Assessment Criteria in Land Use Planning Guideline. The proposed car wash noise is not
anticipated to have a significant negative impact on the residential uses in
the area.
5. Comment: The proposed development will result in the unnecessary
demolition of properties.
Response: The existing semi-detached dwellings are not
designated under the Ontario Heritage Act and are not protected from
demolition. The existing used car
dealership and dwellings are legal non-conforming uses under the current
zoning. The demolition of the buildings
is necessary to implement the Mainstreet policies that apply to the subject
property.
6. Comment: I am concerned with an increase in traffic
on Island Park Drive and the surrounding area.
This is already a 40 km/h zone and does not need more vehicles slowing
traffic down while turning into a lot.
Response: According to the Traffic Impact Study, the
car wash will generate a total of 9 new vehicle trips per hour in the worst
case scenario. This represents only
0.6% of the afternoon peak hour traffic on either Island Park Drive and on
Richmond Road, and 0.3% of the total afternoon peak hour traffic entering the
Island Park Drive/Richmond Road intersection.
These percentage increases are negligible and will have no impact on
street or intersection operation.
7. Comment: I object to the Zoning By-law amendment
proposal as it will destroy the residential aspect of Piccadilly Avenue. Tearing down a duplex to build a car wash on
a residential street is unacceptable.
Response: The section of Piccadilly Avenue between
Richmond Road and Bassett Lane contains a mix of residential, commercial and
institutional uses. Based on the
supporting studies submitted with the application, the proposed Zoning By-law
amendment will not have a significant negative impact on the residential uses
on Piccadilly Avenue in terms of noise, fumes and traffic.
8. Comment: A car wash exit onto a residential street
(Piccadilly Avenue), within 50 feet of a busy corner, with visibility blocked
for those making turns by automobile in any direction is one potentially
serious problem. Consider as well the
emerging cars, dripping with fresh water, owners wanting to park to dry them
prior to freezing and the ice buildup on the sidewalk that presents a new
danger.
Response: The City's Private Approach By-law regulates
the location of all private approaches in the City. This By-law permits a private approach on Piccadilly Avenue for
the car wash provided it is located a minimum of 6 m from the intersection of
the Richmond Road and Piccadilly Avenue street lines. Staff have advised the applicant regarding the sight line issues
for vehicles exiting the car wash. The
sight line, pedestrian safety, and water and ice issues can be addressed
through the site plan control approval process.
9. Comment:
I would like to register with you that I am opposed to the installation of a
drive-through car wash at Richmond Road and Piccadilly Avenue. My main concern is that the owner is seeking
to construct something that is not zoned for this location. I support the City's Official Plan for the
current zoning, which is trying to create a "main street" look and
feel for the West Wellington and Westboro strip. A car wash, albeit hidden behind a retail store, will not enhance
the main street feel - traffic, noise, fumes, etc., will still be present.
But apart from the car wash, of equal or more
import for me is that the owner, after being told no twice now, once by the
City and secondly by the Ontario Municipal Board, is now attempting to change
the zoning on this piece of land in order to accommodate the
drive-through. But if you let him do
this, a precedent is set - how will you be able to tell other businesses they
cannot do the same thing? I am
extremely concerned I will end up living around the corner from a strip like
Carling Avenue with 24-hour drive-through food and banking operations.
Response: Staff believe that the proposed retail store
to be located adjacent to Richmond Road will be sufficient to meet the intent
of the Mainstreet policies in the Council Approved Official Plan and the
Neighbourhood Linear Commercial policies in the former City of Ottawa Official
Plan. Zoning By-law applications are
reviewed on a case-by-case basis. Staff
believe that the drive-through for the proposed car wash can be accommodated on
the subject lands without undermining the intent of the Official Plan
policies. If an application was made
for a drive-through in another location, it would be reviewed comprehensively
based on the relevant policies and planning issues that apply to the proposed
use and the specific site.
COUNCILLOR’S COMMENTS
Councillor Little fully supports this rezoning application and is satisfied that the applicant has made a significant effort to address any concerns that have been raised during the process.
COMMUNITY ORGANIZATION COMMENTS
The Hampton-Iona Community Group (HICG) submitted a
letter in opposition to the requested Zoning By-law amendment. The planning issues in the letter are
summarized as follows:
1. Comment: The current zoning allows for a variety of pedestrian oriented commercial uses and recognizes that these commercial uses occur in close proximity to residential zones. It does not allow for automobile oriented uses which is what is proposed and it specifically prohibits drive-through uses, which is also proposed. Currently, however, there are several gas stations and used automotive lots along Wellington and Richmond Road. It is our understanding that while these existing properties are grandfathered, it was the intent of the zoning that no new automotive-oriented sites would be allowed. In fact, over time a number of these sites have been converted to conforming uses, (eg: such as condo towers at Wellington & Parkdale and Wellington & Caroline) while no such sites have been converted to other automobile oriented uses. Clearly Island Park Esso is proposing that the site be converted to a new use which is prohibited in the existing zoning. To allow this rezoning would set a dangerous precedent that could allow other sites to obtain the same zoning. In our opinion, this would constitute bad planning as it would prevent the vision and intent of the previous and new official plans from being realized.
Response: Staff believe the proposed Zoning By-law
amendment maintains the purpose of the Neighbourhood Linear Commercial Zone of
the Zoning By-law. First, it encourages
a mix of commercial uses in a visually continuous, small-scale, street-level
building form. Second, it fosters and
promotes a pedestrian-oriented retail environment. Third, the proposed development will not have a significant
negative impact on the residential uses in the area.
The existing used car dealership and semi-detached dwellings are legal non-conforming uses under the current Zoning By-law. These uses do not comply with the Mainstreet policies in the Council Approved Official Plan and the Neighbourhood Linear Commercial Policies in the former City of Ottawa Official Plan. The proposal to replace the used car dealership with a retail store will contribute to a pedestrian-oriented retail environment along Richmond Road in accordance with the Official policies. The car wash can be accommodated behind the retail store without undermining the planned function of the Mainstreet and Neighbourhood Linear Commercial designations.
2. Comment: The proposed building would only be one-storey and would result in a de-intensification of the site. As it is the intent of the City as per its new Official Plan to promote intensification of Main Streets such as Richmond Road, this proposed rezoning request would go against the main philosophy of the new Official Plan.
Response: The Council Approved Official Plan
discourages single-storey development, but does not prohibit it where the
predominant form of development in the area is not two storeys or more. The existing semi-detached dwellings and used
car sales office at 368-370 Piccadilly Avenue have a building area of 270 sq.
m. The proposed retail store and car
wash have a building area of 387 sq. m, which increases the floor space index
for the site.
3. Comment: It is our understanding that an earlier proposal for a drive-through fast food restaurant at Wellington and Holland was rejected by the City on the basis that it was inappropriate to have drive-through businesses along Wellington. The proposed car wash would be drive-through in nature. The applicant has advised community groups that since car washes are drive-through by their very nature if a car wash was acceptable then so should the drive-through aspect. This is not correct as there are several car washes in Ottawa where one parks their car and the car is subsequently washed by hand. Car washes of this nature also result in less noise and fumes as cars are not left idling and washing is done by hand.
Response: The proposed drive-through for the car wash
is located in a manner that will not conflict with the intent to provide a
pedestrian-oriented retail environment along Richmond Road with buildings
oriented towards the street. Staff do
not disagree with the point that a manual car wash would result in less noise
and vehicle idling. However, the
applicant has submitted a Noise Impact Study and Traffic Impact Study
demonstrating that the noise and vehicle idling associated with an automatic
car wash will not have a significant negative impact on the residential uses in
the area. Accordingly, staff support
the addition of a car wash as permitted use, which would allow an automatic car
wash as well as a manual car wash.
4. Comment: HICG also notes several concerns with respect to the actual siting of the proposed car wash. The site is too small to house the proposed retail store and car wash. This is evidenced by the applicant requesting numerous exceptions to the zoning requirements should the zoning be granted. Specifically the applicant has requested that: 1) the required setbacks be waived; 2) minimum parking requirements on the site be waived; 3) the minimum radius of the waiting lane be waived; 4) drive-through service be allowed in a prohibited area; 5) loading spaces should not be required; 6) and that any other non-conforming aspects not identified be waived.
Response: Staff have reviewed the conceptual site plan
submitted with the application, and are satisfied that the site can accommodate
the functional requirements for the proposed development. The staff response to each of the requested
amendments is contained in the Details of Recommended Zoning section in this
report.
5. Comment: The site only has room for approximately five to six cars to wait in line. Should there be any more than 5-6 cars in line, it is likely that the cars will either back up into the gas pumps or onto Richmond Road. Cars lining up for the car wash can either come through the pump area or from the entrance to the site on the south side of Richmond Road. There is significant potential for traffic to back up onto Richmond Road within only about 20 meters of the Island Park intersection due to cars waiting to enter the car wash.
Response: The proposed zoning requires a minimum of
four queue spaces leading to a car wash.
This will be sufficient to accommodate the average demand for the car
wash. During peak times, the adjacent
gas bar and automobile service station can accommodate additional vehicles
before entering the car wash drive-through.
Staff have had preliminary discussions with the applicant regarding the
operation of the Richmond Road access, and believe the access concerns can be
addressed through the site plan approval process.
6. Comment: At the exit of the car wash there is only one parking spot. It is very common for drivers coming out of a car wash to park their cars to examine their car and adjust mirrors, hood ornaments, etc. Since there is only room for one parking spot on the site, cars will have to park on Piccadilly Avenue to inspect their cars. This will result in a commercial use of a residential road.
Response: The standard zoning provisions require one queue space after a car wash. The Traffic Impact Study examined the possibility of vehicles stopping on Piccadilly Avenue after exiting the car wash. The study indicated that the curb-to-curb width of Piccadilly Avenue is 12 m, which is generous for a local road and even for a collector road. On-street parking is currently permitted along the west curb, but not along the northern half of the east curb. Due to the available pavement width, there would be no adverse traffic flow impact resulting from the occasional car parking adjacent to the curb to do so.
It is noted that the section of Piccadilly Avenue between Richmond Road and Bassett Lane serves institutional and commercial uses in addition to residential uses. The Council Approved Official Plan classifies Piccadilly Avenue as a local road. The function of a local road is to distribute traffic from arterial and collector roads to individual properties. The proposed use of the road to provide egress from the car wash is consistent with the intended function of the road.
7. Comment: The applicant has advised that the cycle through the car wash will be approximately three to five minutes per car. This means that if there is room for a maximum of six cars to line up, that each car could end up idling their engine for up to 18 to 30 minutes. This would go against the City's anti-idling by-law which allows idling of up to 5 minutes. Given that there are two outdoor restaurant patios (Bella's Bistro and Cafe Mio) and several residential units in the area (along Island Park and Piccadilly and a possible condominium building at Richmond and Piccadilly) this increase in air pollution will have negative health and financial impacts. While it is noted that there is already significant traffic at the intersection of Island Park and Richmond Road, the cars are only idling for a period of 60-90 seconds during red lights. Idling at the car wash would be significantly longer. While Island Park Esso can request that cars shut off their motors while waiting in line, there is no way that this can be enforced.
Response: The City's Noise By-law No. 2004-253 indicates that no person shall operate or permit the operation of an engine or motor in, or on, any motor vehicle or item of attached auxiliary equipment for a continuous period exceeding five (5) minutes, while such vehicle is stationary. As the vehicles in the queue would be advancing at least every 5 minutes, the vehicles in the car wash queue would not violate the Noise By-law. The issue of vehicle emissions was previously discussed in this report. Staff do not believe the vehicle emissions would have a significant adverse impact on the residential uses in the area or on Bella's Bistro, which is located on the north side of Richmond Road opposite the site.
8. Comment: We also have concerns with respect to the noise levels that this proposed car wash would generate. The noise generated by the car wash will be primarily due to the dryers and vacuum pumps. The noise generated by these sources will be constant (when in use) regardless of the time of day. While traffic noise from along Richmond Road may be sufficiently high during rush hours, noise levels from the car wash may be significantly higher than the ambient background noise levels during other times of the day or on weekends. It is therefore necessary that Island Park Esso conduct a detailed noise study which includes measuring ambient noise levels at various times of the day and evening for both weekends and weekdays, as required by the City’s Official Plan and outlined in the Ministry of Environment’s noise assessment criteria in land use planning publication LU-131.
Response: The applicant has submitted a Noise Impact Study, which was reviewed by staff. The projected noise from the car wash complies with the Sound Level Criteria for stationary noise sources in the Ministry's Noise Assessment Criteria in Land Use Planning Guideline.