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.

 

 

RECOMMANDATION DU COMITÉ

 

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.

 

 

For the information of Council

 

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.

 

 


Pour la gouverne du Conseil

 

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

 

Kitchissippi (15)

Ref N°: ACS2004-DEV-APR-0160

 

 

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. 

 

Conclusion

 

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.

 

ENVIRONMENTAL IMPLICATIONS

 

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

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

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

 

DISPOSITION

 

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.

 


LOCATION MAP                                                                                                         Document 1

 

 


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.