5. ZONING - 975 RICHMOND ROAD

ZONAGE - 975, CHEMIN RICHMOND

Committee recommendationS

(This matter is subject to Bill 51)

1. That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15) to TM [1373] H(15), as detailed in Document 2.

2. That the By-law to implement Recommendation 1 not be enacted until such time as a revision to the site plan has been submitted and approved, for the adjacent contiguous lands to the east (955, 965 and 971 Richmond Road) to incorporate 975 Richmond Road.

3. That approval of the rezoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within 12 months of approval.

RecommandationS DU Comité

(Cette question est assujettie au Règlement 51)

1. Que le Conseil approuve une modification au Règlement de zonage 2008-250 en vue de changer le zonage du 975, chemin Richmond de TM H(15) à TM [1373] H(15), comme l’explique le document 2.

2. Que le Règlement pour mettre en pratique la recommandation 1 ne soit pas sanctionné avant qu’un examen du plan d'implantation soit soumis et approuvé, concernant les terrains adjacents du côté est (955, 965 et 971, chemin Richmond) en vue d’y intégrer le 975, chemin Richmond.

3. Que approbation du rezonage expliqué dans la recommandation 1 soit nulle et sans effet si les exigences de la recommandation 2 ne sont pas satisfaites dans les 12 mois suivant l’approbation.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 22 December 2009 (ACS2010-ICS-PGM-0010).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

22 December 2009 / le 22 décembre 2009

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe,

Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : John Smit, Manager/Gestionnaire, Development Review-Urban Services/Examen des projets d'aménagement-Services urbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 13866 John.Smit@ottawa.ca

Bay (7)

Ref N°: ACS2010-ICS-PGM-0010

SUBJECT:	ZONING - 975 Richmond Road (FILE NO. D02-02-09-0036)

OBJET :	ZONAGE - 975, chemin richmond

REPORT RECOMMENDATIONS

1. That the recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15) to TM [1373] H(15), as detailed in Document 2.

3. That approval of the rezoning set out in Recommendation 1 be null and void if the requirements of Recommendation 2 have not been satisfied within 12 months of approval.

RECOMMANDATIONS DU RAPPORT

1. Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 en vue de changer le zonage du 975, chemin Richmond de TM H(15) à TM [1373] H(15), comme l’explique le document 2.

3. Que l’approbation du rezonage expliqué dans la recommandation 1 soit nulle et sans effet si les exigences de la recommandation 2 ne sont pas satisfaites dans les 12 mois suivant l’approbation.

BACKGROUND

The subject property is located on the north side of Richmond Road, west of Woodroffe Avenue. The property is currently vacant, following the recent demolition of a structure previously utilized as a restaurant. It is the most westerly of four contiguous lots owned by the applicant. A car dealership presently occupies the other three lots. Further to the east of the car dealership is a high-rise apartment building with ground floor commercial uses. To the west, along Richmond Road, are commercial properties and a 28-storey condominium high-rise building. To the north is a low-density residential development while on the south side of Richmond Road is a linear park along Byron Avenue. Further to the south is a low-density residential neighbourhood.

The current zoning designation of the subject land is Traditional Mainstreet with a maximum height limit of 15 metres (TM H(15)). The applicant’s other properties to the east, from 955 to 971 Richmond Road, are also zoned Traditional Mainstreet, with an exception to permit a car dealership (TM [1373] H(15)). The purpose of this application is to add the exception of permitting a car dealership to 975 Richmond Road, to allow for car storage.

Existing Zoning

As noted above, the existing zoning of 975 Richmond Road is Traditional Mainstreet with a height limit of 15 metres (TM H(15)). The purpose of Traditional Mainstreet (TM) zone is to accommodate a broad range of uses including retail, service commercial, office, residential and institutional uses, including mixed-use buildings but excluding auto-related uses. It is intended that the TM zoning foster and promote compact, mixed-use, pedestrian oriented development. The TM zone recognizes the function of Traditional Linear Commercial Areas as primary business or shopping areas both for adjacent residential areas and the larger community and imposes development standards that will ensure that street continuity, scale and character is maintained, and that uses are compatible and complement surrounding land uses. An automobile dealership is not a permitted use.

Proposed Zoning

The applicant is proposing to change the zoning to be consistent with the three other contiguous parcels that form the dealership lands, being Traditional Mainstreet with an exception permitting an automobile dealership and a maximum building height of 13.8 metres for a building located within 23 metres of an R2 zone, and a maximum height of 15 m otherwise (TM [1373] H (15)).

DISCUSSION

Official Plan

The subject property is designated Traditional Mainstreet in the the Official Plan and is subject to the policies set out for this land use designation. The property is also subject to the policies of the Official Plan’s Growth Management Strategy, which provides direction for intensification of development in the urban area over the next 20 years. The Official Plan notes that Traditional Mainstreets offer significant opportunities for renewal and intensification through more compact forms of development, a lively mix of uses and a pedestrian-friendly environment. However, the Official Plan also notes that introducing new development in existing neighbourhoods that have developed over a long period of time requires a sensitive approach to differences between new development and the established area. In this regard, the Official Plan sets out strategic directions to ensure the compatibility of new development in established communities.

In the Official Plan, compatible development is defined as development which, although not necessarily the same as or similar to existing nearby built form, must co-exist without causing undue adverse impact on surrounding properties. These include overlook, shadowing, existing views, increased noise, traffic and infrastructure impacts, particularly where properties abut mature and established low-rise residential neighbourhoods.

Assessment

The existing environment along this section of Richmond Road is characterized by a mix of commercial uses, some non-conforming, at ground level in apartment buildings, one storey strip malls, and purpose-built single use buildings and medium-rise apartment buildings. There are varying depths and widths of lots along Richmond Road that back onto a low-rise residential area, limiting future development opportunities. There currently are auto-oriented uses, both non-conforming and permitted through exceptions to the zoning. In general, the section of Richmond Road where the property is located exhibits characteristics of both a traditional mainstreet and an arterial mainstreet. Currently, there is not a cohesive development character and the area does not exhibit qualities today that contribute to creating a strong pedestrian situation.

Although, it is anticipated that the area will move towards exhibiting a more traditional mainstreet character, including having the current auto oriented uses replaced with more urban development over time, this particular site has seen some recent redevelopment to improve the current dealership. These include improvements to the pedestrian environment and mitigating impacts of the dealership on adjacent residential properties. Considering that a car dealership is permitted on the adjacent lands and the investment made to expand this use, it is expected that the dealership will remain for the foreseeable future. The subject site is now also owned by the dealership.

As noted in Document 2, it is proposed that an exception provision be added, requiring the same square footage approximately equal to that of the existing newly built building (allowing only potential minor renovations). Having this provision will permit the same use on all four contiguous properties by the dealership, accommodating the current business and additional car storage. In combination with limiting the ability to expand and requiring site plan control approval prior to allowing the rezoning ensures that the impacts of the rezoning on ultimately achieving a more compatible traditional mainstreet development will be maintained. This rezoning permits redevelopment that acts as a transition from the existing arterial mainstreet characteristics to a more compatible traditional mainstreet development in the future.

Richmond Road / Westboro Community Design Plan

The Richmond Road / Westboro Community Design Plan (CDP) was adopted by City Council on July 9, 2007 and currently has Secondary Plan Status. The CDP is a guide to the areas long-term design and development, taking into consideration land use, urban design, zoning, transportation, existing streetscape conditions, compatibility of new development, and other issues of concern to the local communities. The purpose of the CDP is to translate the principles and policies of the Official Plan to the community level.

The following objectives for the Richmond Road/Westboro Area established the basis for the policies set out by the Community Design Plan:

· To consider the CDP as the backbone for any significant change in the community, in keeping with the Official Plan and other related urban design principles;

· To create an attractive, pedestrian-friendly built environment;

To create a well-designed and vital pedestrian streetscape along the designated Traditional Mainstreets (Richmond Road and Scott Street);

The subject property is located within the Woodroffe North Sector of the Richmond Road/Westboro community. Woodroffe North has a combination of the characteristics of a pre-1945 Traditional Mainstreet and of a post 1945 arterial mainstreet. The post 1945 arterial mainstreet character is reflected by the areas diverseness in uses and greater automobile orientation. However, over time, the community anticipates and the Official Plan directs that the area will evolve to exhibit a stronger traditional mainstreet connection with the residential and compatible commercial uses providing residents with a range of services to meet most of their needs within walking distance.

Existing Characteristics of the Woodroffe North Sector relevant to this proposal, as stated in the CDP, are as follows;

“The mix of commercial uses, some non-conforming, at ground level in apartment buildings, one storey strip malls, purpose-built single use buildings and two medium-rise apartment buildings contributing to a sense of visual chaos along Richmond.”

“Varying depth and width of lots along Richmond that back onto a low-rise residential area limits future development opportunities.”

“Auto-oriented uses (both non- conforming and exceptions to the permitted zoning) contribute to a pedestrian unfriendly landscape.”

Challenges and Opportunities for the Woodroffe North Sector relevant to this proposal, as stated in the CDP, are as follows;

“Opportunity for mixed-use development to replace existing commercial uses that do not contribute to a Mainstreet character.”

“Automobile-oriented uses that remain need to create a better pedestrian orientation to the street that helps to enhance the image of the adjacent residential community.”

3. “Development approvals need to ensure an adequate transition between new development on Richmond Road and existing low density/scale residential uses to the north.”

4. “The compatibility/impact of future infill development along Richmond with the existing residential community.”

In the CDP, under land use strategy and appropriate building scale it specifically states that

“Sector 2, the Woodroffe North area of Richmond, should gradually redevelop from automobile-oriented type uses characterized by car dealerships, one-storey strip malls and stand-alone commercial buildings surrounded by parking to a residential/mixed-use community, in buildings with some ground floor commercial.”

“An automobile dealership at 955, 965 and 971 Richmond Road has been working with the adjacent Woodroffe North community over the last three years on a plan to formalize their operations. The community is satisfied with the more modest building expansion now being proposed, which includes a facade along the Richmond Road street edge, to improve the aesthetics of the new car display area. In spring 2007, City Council approved an application to change the zoning to permit the auto dealership use at all three addresses. In the longer term, it is expected that this use will be replaced by a more appropriate Traditional Mainstreet type of development.”

Assessment

The CDP provides clear direction for the existing dealership to be replaced by a more appropriate Traditional Mainstreet type of development in the long term. However, the CDP also acknowledges that the existing dealerships that remain need to create a better pedestrian orientation to the street that helps to enhance the image of the adjacent residential community. The proposed rezoning is not to create a new dealership on the Traditional Mainstreet but to allow the expansion to the existing business to provide additional vehicle storage. In addition, the additional property is not to accommodate a larger building, consequently, the proposal is not seen as sterilizing the property from redevelopment in the future, but can be seen as supporting a transitional use until the site is redeveloped to a more traditional mainstreet type use.

As a Site Plan has recently been approved by the city for 955, 965 and 971 Richmond Road and an agreement entered into, it is recommended that this Site Plan be revised to include the property subject to this rezoning, in order to encourage the best pedestrian environment and compatibility with the adjacent residential uses, prior to the zoning amendment taking effect.

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.

COMMENTS BY THE WARD COUNCILLOR

The Councillor is aware of the application and the staff recommendations and has no comments.

LEGAL/RISK MANAGEMENT IMPLICATIONS

Should the zoning by-law be approved but appealed, it is anticipated that a two-day hearing would result that could be conducted with staff witnesses. In the event the amendment is to be refused, reasons would have to be provided. An outside planner would need to be retained at an estimated cost of $20,000.

CITY STRATEGIC PLAN

By requiring Site Plan approval prior to finalizing the zoning approval, the city can move forward the following priorities and objectives of the City Strategic Plan;

Sustainable Healthy and Active City – Require walking, transit, and cycling oriented communities and employment centres.

Planning and Growth Management – Respect the existing urban fabric, neighbourhood form, and the limits of existing hard surfaces so that new growth is integrated seamlessly with established communities.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications due to ongoing discussion of the councillor, community association and property agents regarding mitigating impacts of the dealership on the surrounding communities.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

Legal Services to forward the implementing by-law to City Council.

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

Proposed Changes to the Comprehensive Zoning By-law

The subject lands will be rezoned from TM H(15) to TM[1373] H(15)

Column II - Applicable Zone

- TM [1373] H(15)

Column V - Provision to be added;

- A car dealership building limited to a GFA of 2520 square metres

CONSULTATION DETAILS DOCUMENT 3

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.

SUMMARY OF PUBLIC INPUT

The Department received comments from the Woodroffe North Community Association and a person on behalf of 1025 Richmond Road (28-storey condominium high-rise building on the north side of Richmond Road, adjacent to the subject lands). The Woodroffe North Community Association also made reference to discussions with the Woodpark Community Association, although separate comments were not submitted. The position originally was in opposition of the proposed rezoning.

The Councillor had various discussions with the concerned groups and met with some of these people on October 14, 2009, although a formal public meeting was not advertised. The result of the discussions was that the Woodroffe North Community Association withdrew their opposition of the rezoning, due to commitments from the property owner to address issues and mitigate their impacts (see Appendix 1). A summary of those concerns are provided below.

The Department also received another comment in support of the rezoning from a business owner whose business is located within close proximity of the existing dealership.

COMMUNITY ORGANIZATION COMMENTS

Woodroffe North Community Association (WNCA)

Maximum Height Limit - The information concerning the maximum height limit does not appear to be accurate. The height of all four properties (955, 965, 971 and 975 Richmond Road) was reduced to 15 metres from 25 metres as the result of a zoning by-law related to the Richmond Road Community Development Plan.

Response - City Council adopted Zoning By-law Amendment 2008-433 on November 26, 2008. The Amendment covered the entire Richmond Road/Westboro CDP area, including 955-975 Richmond Road, which was rezoned from a maximum height of 25 metres to 15 metres. Subsequent to Council’s adoption of the By-law, one appeal was lodged. This resulted in the Amendment not coming into full force and effect following the conclusion of the appeal period. On May 25, 2009, the OMB heard a request from the City of Ottawa that the Amendment come into full force and effect save and except for the appellant’s property, which the appellant had no objections to. The OMB approved the By-law and it is considered to be in place retroactively to November 26, 2008. The in place zoning sets the maximum permitted building height of 13.8 metres for a building located within 23 metres of an R2 zone for the existing dealership lands (due to the exception on the property), and a maximum height of 15 metres otherwise (TM [1373] H (15)) for the remaining area of the dealership lands and for the subject property.

Previous Incompatible Rezoning – This application is the fourth time that the applicant has asked for an exception to the City of Ottawa’s Zoning By-law to allow a car dealership (with both sales and service activities) which is a non permitted use, adjacent to two mature, low-density residential communities (Woodroffe North and Woodpark). In addition there are residential uses on Pooler Avenue and Orvigale Road. Both are immediately to the north of the four contiguous properties (955, 965, 971, 975 Richmond Road). One Richmond Road site currently in use as a car dealership has been used by several car dealerships over more than three decades. Its existence predates any Zoning By-law in the City of Ottawa. All other car dealerships, according to the WNCA research are the direct result of the City of Ottawa allowing exceptions to its Zoning By‑laws over time. With the exception of one site, none would be there as of right. Concerns from the community-included noise, lighting, increased traffic and loss of privacy. A large and noisy external fan was installed outside the facility after construction of the facility. City of Ottawa’s by-law files have complaints as far back as 1991. Concerns were realized, specifically being:

· Service Bays have impacted enjoyment of property of a number of Woodroffe North Community Association members who live on Pooler Avenue and Orvigale Road.

· A high chain linked fence with barbed wire was installed across the north boundaries of 965 and 971 Richmond Road.

· Ball parking lighting also installed

· In 2003 it was determined that the rezoning application and site plan application for the three contiguous properties would be reviewed and approved as a package to ensure that the negative impacts from service operations at the rear of 955 Richmond Road would be addressed. Site plan control for 955, 965, and 971 Richmond road was issued on March 17, 2009 and work commenced shortly thereafter. The Site plan approvals expectation that the fulfillment of these conditions will eliminate, or significantly mitigate, long standing compatibility problems, dating back to 1991. As of July 20, 2009 none of the conditions had been fulfilled.

· October 5, 2009 – new lighting was installed that created more spill over lighting. Light standards are higher than the old ones. The new lights do not have any hoods or baffles to prevent spill over. The light bulbs are very powerful, akin to those in ball parks.

A number of commitments were made to secure the Woodroffe North Community Association support for the rezoning of 965 Richmond Road. It is expected that these commitments will be fulfilled in the coming months, after seven years of effort on the part of the community association. The Woodroffe North Community Association is seeking certain assurances with regard to the future development of 975 Richmond Road. In May 2008, the property owner stated that he would consult with the Association before proceeding with a rezoning application, of which he did not.

At the time this comment was submitted the WNCA was asking that the current application for a Zoning By-law amendment at 975 Richmond Road be put on hold pending the fulfillment of all Site Plan conditions for 955, 965 and 971 Richmond Road, and the receipt of confirmation of compliance by the City of Ottawa in a post-development inspection.

Response – Although the WNCA has removed their objection (see appendix 1), it is recommended that mitigating solutions be formalized, where possible, in the revised site plan agreement that is recommended to be a requirement to this approval. The following were commitments made at the October 14, 2009 meeting between residents and Ottawa Honda.

Lighting: Ottawa Honda, will pursue installing baffles on the lights at Ottawa Honda located near Pooler Avenue in order to reduce spill over lighting on the residences on Pooler Avenue.

As well, in response to concerns raised by Park Place residents over spill-over lighting into their residences from the lights illuminating the front of the dealership on Richmond Road, Ottawa Honda, agreed to examine reducing the brightness (wattage) of these lights in order to mitigate this spill-over lighting.

Noise: In the event of car alarms sounding at the Ottawa Honda lot after working hours, Ottawa Honda, agreed to provide the contact number of the night-time security officer at Ottawa Honda to both the Woodroffe North residents and the Park Place residents so that the appropriate action could be taken to turn off these car alarms.

In response to cars honking as they enter/exit the service bays at Ottawa Honda, Ottawa Honda, agreed to post a sign on the car dealership building requesting that car horns not be sounded as a courtesy to the neighbours, and to communicate this to his staff. The sign was also to ask that no vehicles be left idling. Signs regarding idling and horns have been erected as of October 22, 2009.

Landscaping: While clearly there is debris from the construction activity now going on at the dealership, Ottawa Honda, agreed that they would do a clean-up of the site (including any spill-over onto neighbouring properties) once construction was finished.

As well, in response to a request from the neighbours in Woodroffe North, Ottawa Honda, agreed to look at placing a landscaping screen of conifer trees on the north side of the dealership property towards the western corner, as a buffer between it and the property line. More specifically, privacy screening should be provided at the rear of 975 Richmond Road. The wooden fence covers 955, 965 and 971 Richmond Road only. Conifers could be planted on the slope so that Mr. Dilawri could have full use of the site

For information, other commitments made by Ottawa Honda on October 14, 2009 that cannot be formalized in a site plan agreement are as follows:

Car Deliveries: Concern was expressed by community members regarding previous practices of early morning deliveries (before the By-law-stated time of 7 a.m.) at the car dealership and previous practices of car deliveries for the dealership occurring on Richmond Road and on Byron Avenue, disrupting traffic. Ottawa Honda, confirmed that these practices were no longer in effect, that deliveries are to occur in conformity with the City’s Noise By-law (i.e. after 7 a.m., etc.), and that car deliveries for the dealership were now occurring at the Laperriere Ave. location (in an industrial/commercial area) that Ottawa Honda has, and were being ferried over to the 975 Richmond Road location as the need arose.

Report on Progress: On the matter of reporting back to the community on the status of these undertakings, Ottawa Honda, agreed to report to the meeting participants by the end of November 2009 on the status of these undertakings, and to consult with the neighbours on the progress of these undertakings.

Residential use permitted use on 975 Richmond Road – It is the understanding that the land use of record for 975 Richmond Road, at the time that Mr. Dilwari purchased the property, was for a residential use. If this is accurate than the City of Ottawa allowed Mexicali Rosa’s Restaurant to operate illegally for many years. City of Ottawa policy requires that when a residential use is demolished that the owner must apply for a building permit to build a new residential use within a year of demolition. For a decade or more no one has resided at 975 Richmond Road and the City of Ottawa did nothing to regularize the situation. The WNCA is now being told that the City of Ottawa must rigidly enforce its policy regarding the demolition of a residential use. Why is this policy on demolition enforced so rigidly applied when others are not.

Response – A building permit from 1984 indicates that the building was a mixed-use building, which is not subject to demolition control. As well, the zoning was commercial and the restaurant use was established legally. It is further noted, that the City of Ottawa Demolition Control By-law only requires that a building permit be issued prior to a demolition permit when it is a residential use property. It does not require the replacement building be a residential use.

Consideration of the Richmond Road CDP and Traditional Mainstreet policies – It is the WNCAs position that the City of Ottawa has a duty to carefully consider both the Richmond Road CDP, and the intent of the Traditional Mainstreet designation in the current City of Ottawa Zoning By-law in its assessment of the 975 Richmond Road Application.

Response – As noted above, these policies were considered in the evaluation of this rezoning application.

Car Storage – It is stated that the zoning by-law amendment is to "allow the car dealership to expand the dealership and allow more car storage". As written, this could mean an expansion of the existing facility (currently confined to 955 Richmond Road) to cover all four contiguous properties.

Response – It is intended that the dealership building structures remain as they are - no additions are proposed. A provision is being added to this recommended re-zoning which would prevent the dealership from expanding its current gross floor area.

6. Planning Rationale submitted by agent – Silent on impact to residential uses on Pooler Avenue and Orvigale Road. Both of which are immediately to the north of the four contiguous properties of the dealership. The planning rationale is also silent on the Westboro/Richmond Road Community Design Plan. Applicant relies on the existence of car dealerships as sufficient justification for allowing yet another rezoning to allow for an incompatible land use at 975 Richmond Road.

Response – Although not supplied by the applicant in the Planning Rational, these items were considered in the evaluation of this rezoning application.

1025 Richmond Road

Although 1025 Richmond Road residents do not form a registered community group, they were involved with the discussions regarding this application and worked closely with the Woodroffe North and Woodpark Community Associations so there comments are being included here.

7. 1025 Richmond Road represents a 28-storey condominium high-rise building on the north side of Richmond Raod. The building is west of the Ottawa Honda dealership and other commercial properties. The very bright lighting from the dealership is obtrusive to the units facing the dealership.

Response – It is recommended that mitigating solutions be formalized, where possible, in the revised site plan agreement that is recommended to be a requirement to this approval. See response above for commitments made at the October 14, 2009 meeting between residents an Ottawa Honda for Lighting and Landscaping.

8. In addition, car alarms frequently go off during the middle of the night and there does not seem to be anyone in attendance at the dealership to turn off alarms quickly. A suggestion could be to have a guard on duty on the premises during the quiet hours for security purposes and to turn off any car alarms immediately if they accidentally went off. A serious noise incident on July 5, 2009 occurred. The dealership used the back of the Tim Horton parking lot next door to its property to park the overflow of its cars. A car alarm went off for almost four hours starting at 4:38 a.m. This can only get worse with more cars parking on site.

9. Work on the Ottawa Honda property has been ongoing with a large number of cars already parked in the area subject to the rezoning. Concern that requesting of comments simply a formality.

Response – The property owner did have a demolition permit to remove the existing structure. However, car storage is not permitted unless the rezoning is changed. All rezoning applications are assessded based on their merit, regardless of activities that may be.

10. Traffic is so heavy on Richmond Road, such that it is hard to get in and out of the building. Do not want any more traffic.

Response: This comment came from a resident at 1025 Richmond Road and may or may not be considered separate from the comments from the entire Condominium. However, because a new building or expansion is not being proposed there is no indication that there will be a resulting increase in traffic.

Appendix 1

(November 20, 2009)

Lorraine Stevens

Planner, Planning and Growth Management

City of Ottawa

110 Laurier Avenue West

Ottawa, ON

K1P 1J1

Dear Ms. Stevens:

Subject: file D02-02-09-0036 - 975 Richmond Road, Ottawa

On June 16, 2009 the Woodroffe North Community Association (WNCA) communicated its concerns about the proposed rezoning of 975 Richmond Road to allow for the expansion of the Ottawa Honda car dealership at 955, 965 and 971 Richmond Road.

At that time, our community contacted Councillor Alex Cullen recommending a deferral of the application pending a community meeting on the matter. The item has been in abeyance since that time in the hope that a resolution could be reached outside of any formal process. In early October, Councillor Cullen suggested a meeting between Ottawa Honda representatives and neighbouring property-owners in Woodroffe North, Woodpark and Park Place. All of the parties involved agreed to this alternative. The meeting was held on October 14, 2009 to discuss concerns shared by the three residential communities, and concerns unique to each of the residential communities adjacent to Ottawa Honda. General agreement was reached on some issues, while others would require additional research and discussion.

Three of the issues discussed pertained to Woodroffe North only - the continuation of the privacy and security fence across the entire northern boundary of the four properties occupied by Ottawa Honda, the installation of signage to reduce noise from honking and idling of vehicles at Ottawa Honda, and a general clean-up of construction and other debris along the fence line.

Signage was installed shortly after the October meeting.

A second meeting was held on November 9, 2009 to discuss the clean-up and the possible extension of the fence. On November 13, 2009 I distributed an e-mail indicating that the clean-up was well advanced at that point. Mr. Tino Tolot has confirmed that the security and privacy fence will be extended during the current calendar year.

The issue of intrusive lighting concerns our community and a number of residents of Park Place, at 1025 Richmond Road. All of the parties are working together to achieve a balance between the need for lighting to ensure security during quiet hours at Ottawa Honda and the property rights of neighbouring residential property-owners. We hope to resolve this matter in the coming weeks.

The Executive of the WNCA met on November 18th and Bev Binette provided information on the extent of progress to date and the formal commitments made by Ottawa Honda to our community's concerns. Despite an outstanding resolution on the lighting issue, Ms. Binette recommended that the WNCA withdraw its objection to the proposed rezoning of 975 Richmond Road. The Executive accepted this recommendation. This letter confirms that the WNCA is withdrawing objection to the proposed rezoning.

I believe that Mr. Dilawri would agree that talking and working together we have overcome a number of compatibility problems since 1991. This has happened through "good neighbour" exchanges and frequently without any intervention from City Hall. It is our Association's hope that the good faith built over time, despite some difficult exchanges, is sufficient impetus for early discussion and consultation should any future development be proposed at 975 Richmond Road. City of Ottawa records will show that the WNCA has always come to an agreement with Mr. Dilawri regarding proposed development and changes. These agreements have been reached after applications, proposals, etc. have been formally submitted to City Hall. The WNCA would much rather send a letter of support than a letter of objection regarding any future development. It is our hope that Mr. Dilawri will consider advance consultation with the WNCA and with other neighbouring communities in all future proposals.

A copy of the WNCA letter dated June 16, 2009 and a copy of the November 13, 2009 e-mail are attached to this letter. Please ensure that this letter and its attachments form part of the file presented to the Planning and Environment Committee.

Bev Binette is the Woodroffe North community contact on this file. She can be reached at 613-725-0260 should you have any questions or require additional information.

Yours sincerely,

Original Signed

David J. Grosvenor

President,

Woodroffe North Community Association

c/o 75 Pooler Avenue

Ottawa, ON

K2B 5A4

c.c. Mr. K. Dilawri (Owner, Ottawa Honda)

Mr. T. Tolot (Liff and Tolot)

Mr. M. Houle (Service Manager, Ottawa Honda)

Councillor Alex Cullen

John Blatherwick (President, Woodpark Community Association)

Jeannine Levesque (on behalf of certain residents at 1025 Richmond Road)

Bev Binette and David Madeley (104 Pooler Avenue)

Attach (2)