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8. ZONING - 433 MCARTHUR AVENUE ZONAGE - 433, AVENUE
MCARTHUR |
Committee recommendation
(This application is subject to Bill 51)
That Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to rezone 433 McArthur Avenue from CN F(1.5) to CN[849] F(1.5) and to modify Exception 849 as detailed in Document 2.
Recommandation du Comité
(Cette demande est
assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de 1998 sur
le zonage de l’ancienne Ville d’Ottawa visant à faire passer la désignation de
zonage de la propriété située au 433, avenue McArthur de CN F(1.5) à
CN[849] F(1.5) et à modifier l’exception 849 de la manière décrite dans le
document 2.
DOCUMENTATION
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated
3 August 2007 (ACS2007-PTE-APR-0161).
2.
Extract
of Draft Minutes, 28 August 2007
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
3 August 2007 / le 3 août 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager /
Directrice municipale adjointe,
Planning, Transit and the Environment /
Urbanisme, Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law 1998 to rezone 433 McArthur Avenue from CN F(1.5) to CN[849] F(1.5) and to modify Exception 849 as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de
1998 sur le zonage de l’ancienne Ville d’Ottawa visant à faire passer la
désignation de zonage de la propriété située au 433, avenue McArthur de
CN F(1.5) à CN[849] F(1.5) et à modifier l’exception 849 de la manière
décrite dans le document 2.
BACKGROUND
The subject property, 433 McArthur Avenue, is located on the north side of McArthur Avenue, west of the intersection of McArthur Avenue and May Street. Immediately east of the site extending to the intersection is 435-437 McArthur Avenue, also owned by the applicant that accommodates an existing automobile dealership. It is proposed to redevelop this site with the subject site for a new expanded automobile dealership.
Currently located on the subject property is a single detached dwelling and garage that are to be removed. The property has a frontage of 18.23 metres and an area of 601.5 square metres.
Lands to the east and west along McArthur Avenue are developed with a variety of commercial uses with some residential uses. The area to the north of the McArthur Avenue commercial corridor is developed with a variety of residential uses ranging from single detached dwellings to small apartments.
Associated with the rezoning application, the owner has submitted a site plan application for the redevelopment of the subject property and adjacent lands for the proposed new dealership.
Purpose of
Zoning Amendment
The purpose of the Zoning By-law amendment application is to establish a uniform zoning for the applicants land holdings (433, 435, and 439 McArthur Avenue) to accommodate redevelopment of the subject property with the applicant’s adjacent lands for a new expanded automobile dealership. The new dealership, as reflected on the proposed site plan application, will comprise a new 638.87 square metre building accommodating a showroom, offices and detailing area and an outdoor new vehicle display area and parking. The site plan submitted for the proposed development is included in Document 4.
The lands at 433 McArthur Avenue are zoned Commercial CN F (1.5), which permits a wide variety of commercial and residential uses. However an automobile dealership is not a permitted use as-of-right within this zone.
The lands known as 435-437 McArthur Avenue are currently zoned CN [Special Exception - 849] F (1.5) Zone. This special exception zone allows for an automobile dealership as a permitted use and allows a reduced yard of 3.7 metres adjacent to the residential lands to the north.
The application proposes to extend the exception provision applying to the lands at 435‑439 McArthur Avenue that allows an automobile dealership to also include the subject property at 433 McArthur Avenue. Also, the current reduced yard, now permitted, is proposed to be eliminated to re-establish a 7.5-metre setback form the adjacent residential lands to the north. This setback requirement will apply to the subject lands and to the existing dealership property.
DISCUSSION
The proposed Zoning By-law amendment and modification is consistent with the policies of the Official Plan. The proposed land use and form of development implement the policies and development criteria of the Official Plan as outlined in Section 3.6.1 – Mainstreets, Section 2.5.1 – Compatibility and Community Design, and Section 4.11 – Compatibility.
Section 3.6.3 - Traditional Mainstreet
The subject property is designated as “Traditional Mainstreet” in the Official Plan. Policy 3.6.3 of the Official Plan outlines that Mainstreets are to offer the most significant opportunity for intensification through compact forms of mixed use and pedestrian oriented development. The Plan promotes redevelopment in a fashion that locates buildings close to the street.
Policy 3.6.3.6 outlines that existing gas bars, service stations, automobile sales and drive-through facilities located on Traditional Mainstreets that are permitted under the zoning existing on the date of adoption of this Plan, will continue to be permitted in the Zoning By-law as permitted uses and the plan contains polices to encourage these properties to redevelop over time in a manner that achieves the street’s planned function and character.
On Traditional Mainstreets surface parking is not permitted between the building and the street and direction is provided to locate surface parking in a way that will avoid the interruption of building continuity along the Traditional Mainstreet frontage so as to minimize impacts to the pedestrian environment. The Plan does however acknowledge that there may be exceptional circumstances, where locating parking adjacent to the street frontage is unavoidable. In these cases, appropriate means such as coordinated tree planting and landscaping, pedestrian amenities and the dimension, location and number of vehicular access will be used to minimize the interruption of the Traditional Mainstreet street frontage.
Finally, Section 3.6.3.6 requires that development proposals on Mainstreets be evaluated in the context of the policies in this section and the Design Objectives and Principles in Section 2.5.1, and the Compatibility policies set out in Section 4.11. The relationship of the proposed rezoning is discussed in subsequent sections of this submission.
As noted, the site is currently occupied by a single detached dwelling and garage which are to be removed to allow for the site to be redeveloped in conjunction with the existing automobile dealership located at 435 and 437 McArthur Avenue. The existing single detached dwelling is a legal non-conforming use which is a use that is not supported for lands along Traditional Mainstreets. Also, while the policies of the Official Plan allow for existing automobile dealerships along Traditional Mainstreets, it is noted that the existing dealership at 435 and 439 McArthur Avenue does not advance the policy objectives of the Official Plan for development along Traditional Mainstreets. The proposed redevelopment of this dealership to include the subject lands will greatly improve the street relationship of the dealership to McArthur Avenue consistent with the directions provided in the Official Plan.
This is being achieved through the placement of the new dealership building adjacent to the street and through architectural detailing and landscaping to enclose the outdoor new vehicle display area which will be an outdoor extension of the indoor display area.
The proposal to rezone the site to a Special Exception Neighbourhood Linear Commercial Zone is consistent with the abutting land uses, the Mainstreet policies, and the long-term vision of McArthur Avenue as outlined in the Official Plan as a designated Traditional Mainstreet.
Section 2.5.1 – Compatibility and Community Design
Section 2.5.1 of the Plan establishes the design objectives and implementing principles to be applied when evaluating an application for intensification and infill development. The application is consistent with the design principles of encouraging continuity of street frontages, allowing the built form to evolve through architectural style and innovation, and complimenting the massing patterns, rhythm, character and context.
The Zoning By-law amendment is not proposing site-specific modifications to the CN Zone regulations in order to implement the above objectives and principles. In fact, the amendment will eliminate a permitted reduced yard setback adjacent to the residential lands to the north to be replaced with the standard zone provision of 7.5 metres which will support the development of the site in accordance with the “Traditional Mainstreet” designation.
4.11 – Compatibility
With respect to the design considerations that are intended to guide compatibility, Site Plan Control will address and implement the specific considerations. In general, through consultation with staff, the applicant has addressed issues such as vehicular access, parking, building height and massing, pattern of the surrounding community, and lighting.
As shown in Document 4, access to the site will be controlled via one point from McArthur Avenue and one point from May Street. Parking for staff will be provided off-site, and visitor parking on the site is above the Zoning By-law standards. The By-law requires nine spaces whereas the concept plan is showing 15. The building has been aligned towards the western limit of the property and pulled forward towards McArthur Avenue to mimic the existing setbacks of adjacent buildings. As well, the concept plan proposes an architectural feature at the intersection of McArthur Avenue and May Street to create the impression of a continuing façade along McArthur Avenue, as well as reducing the visual impacts of surface parking on the site. Lighting from the site will be effectively shielded from the new position of the building and landscaping details, which will be implemented through Site Plan Control. Overall, the design principles incorporated into the site are consistent with the policies of the “Traditional Mainstreet” designation.
Conclusion
The Department is satisfied that the Objectives of the Official Plan related to Traditional Mainstreet, Compatibility, and Community Design have been met. Taking into consideration the policies of the Official Plan that recognize legally established uses and their continuation, along with recognizing the traditional function of an automobile dealership, it is appropriate to consider this application as an exceptional circumstance. Nonetheless, the proposed site plan appropriately reflects design elements that exceptional circumstances must incorporate in order to implement the vision of a Traditional Mainstreet and reduce impacts. The development of the site will begin to establish a new standard of design and landscaping in this area of McArthur Avenue.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. One response was received wherein the respondent expressed concern related to noise for the public address system, overspill of lighting, visitor and staff parking, privacy and compatibility. Details of the consultation and a staff response are included in Document 4.
The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
The application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-law
amendments due to the Summer Schedule for Planning and Environment Committee
meetings.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
Document 3 Concept
Plan and Perspective
Document 4 Consultation
Details
DISPOSITION
City Clerk’s Branch to notify the owner, 95661
Canada Ltd. c/o Bel Air Lexus Toyota, 440 McArthur Avenue, Ottawa, ON K1K 1G3
applicant, Michael Boucher, MCIP, RPP, 115 Walgreen Road RR #3, Carp, ON K0A
1L0, OttawaScene.com, 174 Colonnade
Road, Unit #33, Ottawa, ON K2E 7J5, Program Manager, Assessment, Financial Services Branch (Mail
Code: 26-76) of City Council’s
decision.
Planning, Transit and the Environment
Department to prepare the implementing by-law, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
The following change in zoning will be made to all of 433 McArthur Avenue as shown on Document 1:
1. Change in Zoning from CN F (1.5) to CN [849] F (1.5) Zone.
Special Exception – 849 Zoning Provisions
1. Table XV – EXCEPTIONS is amended by
removing the site-specific side-yard provision “Side yard of 437 McArthur Ave
abutting the R3A zone may be reduced to 3.7m.”
CONCEPT PLAN AND PERSPECTIVE DOCUMENT
3
CONSULTATION DETAILS DOCUMENT
4
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.
PUBLIC COMMENTS
One comment was received from the public regarding this application. The respondent owns the adjacent land at 431 McArthur Avenue. The concerns raised related to noise for the public address system, overspill of lighting, visitor and staff parking, privacy and compatibility.
STAFF RESPONSE TO COMMENTS
Noise
Due to the nature of an automobile sales dealership, a public address system is common. Currently the sales and display area of the site is not effectively screened by a building or fencing. The proposed redevelopment of the site would place the new office building close to the western limit of the property and in alignment with the existing buildings on McArthur Avenue. As well, the new building will create a larger indoor showroom space with the outdoor display area being reduced in size from what exists today and being better organized. Staff is satisfied that the combination of a new building location and appropriate fencing will address this concern.
Lighting
Currently, lighting from the existing automobile dealership is spilling over to the property at 431 McArthur Avenue. The proposed redevelopment of the site would place the new office building close to the western limit of the property in alignment with the existing buildings on McArthur Avenue as shown on Document 4. At this time the new building proposes no doors or windows along the western façade. As well, there will be reduced parking and no vehicular access along the western side of the property. Sharp cut off features for all new exterior lighting will also be a requirement through Site Plan approval. As a result, staff is satisfied that lighting from the building, parking area, and cars manoeuvring on the site will be appropriately shielding by the new building and fencing which will be implemented through Site Plan Control.
Parking
Through the development of the site fifteen parking spaces are proposed whereas the By-law requires nine parking spaces. Staff parking is located on a nearby property that the applicant owns. Access and egress has been refined with one point along McArthur Avenue and May Street through the site plan process.
Visitor and barrier free parking is clearly defined on the concept plan, and will be implemented through Site Plan Control along with access to the site. Overall, staff is satisfied the parking concerns on the site will be addressed appropriately.
Privacy
As previously discussed with respect to noise and lighting issues, as the orientation of the new building has been shifted towards the western limit and McArthur Avenue, privacy appears to have been enhanced for the property to the west. The concept plan proposes no vehicular driveway access at the western limit of the site. As well, there are no windows or doors proposed on the western façade of the building at this time. There is a small area of car storage in the northwest limit, however fencing and landscaping can address any possibly remaining concerns which again will be implemented through the Site Plan Control process.
Compatibility
The application was reviewed with respect to the Compatibly policies of the City of Ottawa Official Plan, as previously discussed. As the nature of the application is to facilitate the expansion of a legally established use. The proposal presents an ideal opportunity to enhance the site in accordance with the vision of the “Traditional Mainstreet” designation of the Official Plan, and address existing site deficiencies. Overall, staff is satisfied that the application is compatible with the abutting commercial and residential uses, represents good land use planning, and will not create an undue adverse impact.
COUNCILLOR’S COMMENTS
Councillor Legendre is aware of this application.