7. ZONING - 5520 MITCH OWENS ROAD
(This application is subject to the provisions of Bill 51.)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 5220 Mitch Owens Road from Rural Commercial-Subzone 1, (RC1) to Rural Commercial-Subzone 1, Exception [xxx], (RC1[xxxr]) as detailed in Document 2 and as shown in Document 1.
Recommandation DU Comité
(Cette application est assujettie aux dispositions du Règlement 51.)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage du 5220, chemin Mitch Owens de sous-zone 1 rurale commerciale (RC1) à sous-zone 1 rurale commerciale assortie d’une exception [xxx] (RC1[xxxr]) telle qu’elle est détaillée dans le document 2 et indiquée dans le document 1.
1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 13 August 2010 (ACS2010-ICS-PGM-0142).
2. Extract of Draft Minute, 26 August, 2010.
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 5220 Mitch Owens Road from Rural Commercial-Subzone 1, (RC1) to Rural Commercial-Subzone 1, Exception [xxx], (RC1[xxxr]) as detailed in Document 2 and as shown in Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 en vue de faire passer le zonage du 5220, chemin Mitch Owens de sous-zone 1 rurale commerciale (RC1) à sous-zone 1 rurale commerciale assortie d’une exception [xxx] (RC1[xxxr]) telle qu’elle est détaillée dans le document 2 et indiquée dans le document 1.
The subject site, 5220 Mitch Owens Road, is located in the southeast quadrant of Mitch Owens Road and River Road. The site consists of two properties, the existing gas bar/convenience store and the vacant restaurant site. The gas bar site has an area of approximately 1828 square metres with 63 metres frontage along Mitch Owens Road and 57 metres frontage along River Road. The site of the former restaurant contains an area of 7973 square metres and 124 metres frontage along Mitch Owens Road and 59 metres frontage along River Road. The Heb Gordon Drain, a municipal drain, flows from the north side of Mitch Owens Road, through a culvert under Mitch Owens Road and the east portion of the restaurant property, outletting to a creek running in a southwest direction and continuing to the Rideau River. There are currently two accesses from River Road and four accesses to Mitch Owens Road. Existing traffic signals are located at the intersection of Mitch Owens Road and River Road.
The proposal is to demolish the vacant restaurant and redevelop the site with a 2903-square metre, two-storey building containing ground floor retail space and an upper floor medical facility. The gas bar/convenience store will remain. Between the two properties, three accesses will be provided along Mitch Owens Road and one will be provided from River Road.
Historically the Official Plan of the former Township of Osgoode (dated January 1971) designated various portions of this site General Commercial, Residential and Rural. The General Commercial designation supported retail sales and personal and professional services while the Residential designation encouraged single family residential use as the predominant use with appropriate institutional uses and limited local commercial uses. The intent of the Rural Designation was for agriculture uses. In the former Official Plan for the Region of Ottawa-Carleton (office consolidation of July 1991), the site was designated General Rural Area. This designation identifies lands which are characterized by less significant natural resource potential and non-residential development is permitted at a type and scale to meet local needs or the needs of the travelling public. However, in the 1997 ROC Official Plan, the designation changed to Agricultural Resource through the introduction of the LEAR (Land Evaluation and Area Review) system. The LEAR evaluations system uses four factors to determine the agricultural potential of land: soil capability, existing land use, parcel size and presence of conflicting land use. The Regional Official Plan designated large blocks of land (250 ha or more) and used roads, physical features, township lots and concessions to define the boundaries of these large blocks. The LEAR was developed under the two tier planning system where the Region defined large areas to be protected as Agricultural Resource Area and the local municipality provided more detailed boundaries in the Local Official Plan based on local conditions such as land use and land ownership.
In the case of 5220 Mitch Owens Drive, the Regional Official Plan used River Road as the general boundary of the large block of land to be designated as Agricultural Resource Area. The Township of Osgoode further refined the boundary based on existing lands uses. As a result, the existing residential and commercial properties were not included in the Agricultural Resource designation in the Osgoode Official Plan.
The Agricultural Resource Area designations in the 2003 Official Plan are based on the boundaries taken from the Regional Official Plan and the boundary in the Osgoode Official Plan was not brought forward.
The purpose of the zoning amendment is to permit the development of a retail store and medical facility.
The existing zoning of the site is Rural Commercial-Subzone 1, (RC1). This zone permits a retail store limited to the sale of agricultural, construction, gardening or landscaping-related products, equipment or supplies along with a number of other commercial uses such as an amusement park, animal hospital, automobile dealership, car wash, heavy equipment and vehicle sales, rental and servicing, hotel, and kennel. The former Township of Osgoode Zoning By-law (office consolidation of June 12, 2008) zoned this site a combination of C2 (Commercial Highway) and R (Residential). The present Rural Commercial zoning under By-law 2008-250 and the Highway Commercial zoning under the former Osgoode Zoning By-law reflect the intent of this site to develop with commercial uses.
The proposed zoning is to add a ‘retail store’ and ‘medical facility’ as permitted uses within the site specific zone. Site specific regulations with respect to specific development standards are also required. A number of uses currently permitted will be prohibited given the site characteristics.
The Official Plan designates the site Agricultural Resource Area. The intent of this designation is to protect major areas of agricultural and other lands suitable for agriculture from loss to other uses and to ensure that uses which would result in conflicts with agricultural operations are not established in productive farming areas. The primary permitted use is agriculture with additional uses related to forestry and activities related to conservation or management of the natural environment. Small-scale industrial and commercial uses that are directly related to agriculture are permitted through a rezoning.
Although the proposal is not an agricultural use, the historic use of the property has been commercial since at least the late 1960s to mid 1970s when the gas station and restaurant were developed, respectively. The site is constrained by roads to the north and west, a drainage ditch to the east and a creek to the southeast. The lot area of 7973 square metres is smaller than other lands used for agricultural production in this area. Although the site may be able to support an agriculturally related commercial operation, this intersection has evolved to include services which cater to the local community as well as the travelling public. The redevelopment of this site will not result in the loss of agricultural lands.
The development of a retail store and medical facility is appropriate at this site. The site is not suitable for agricultural uses given that it was previously developed with a building and parking encompassing the entire site. Further, the small size, lot configuration and municipal drain (Heb Gordon Municipal Drain) diminishes its potential for agricultural production. The portion of the site which will be developed is surrounded by non-agricultural uses. A retail use and medical facility, properly developed, is expected to have minimal impact on the adjacent gas bar and residential uses. This intersection, over time has been developed with commercial uses and the redevelopment of this quadrant will enhance the services offered in this community. A bank, drive-through restaurant, dental clinic and retail plaza currently provide services to the nearby residents as well as the travelling public.
A Transportation Impact Study was submitted in support of the application. The report concludes that the traffic anticipated to be generated by the proposed use is able to be accommodated by the existing road network.
The site will be serviced by private on-site services. The septic system is proposed to be located in the eastern portion of the site, east of the municipal drain and adjacent to Mitch Owens Road. The well is to be located in the proximity to the second entrance (middle entrance) along Mitch Owens Road. Subject to detailed design approval by both the City and the Ottawa Septic System Office, preliminary review of the septic system indicates no major concerns. The well report submitted indicates that the new well is able to produce water at a sufficient quality and quantity for the proposed uses. The gas bar will also be installing a new well, located in the vicinity of the well proposed for the retail store.
As the two properties are proposed to be developed and function as one site, with shared accesses, the properties will be considered as one for zoning purposes. This will allow for shared parking and a reduced side yard setback for the new building where it abuts the gas bar property. This will formalize and continue the historic development of the two properties functioning as one site. Easements will be required and are to be approved by the Committee of Adjustment if they are for a term of greater than 21 years. This will ensure that if either property is sold, future owners will have the benefit of the accesses and parking.
The front yard setback in the current zone requires 7.5 metres from River Road. However, a reduced building setback to approximately one metre will add character to the street and will reduce the visual impact of a parking area along River Road.
In accordance with Sections 101 (Minimum Parking Space Rates) and Section 104 (Shared Parking Provisions) of the Zoning By-law, 103 parking spaces are required for all uses. The site proposes 90 and therefore a reduction in the parking rate is required to a rate of three spaces/100 square metres.
A number of currently permitted uses within the RC1 zone would not be appropriate at this site, given the size and configuration of the site, proximity to residential uses and/or the location of the municipal drain. Therefore, an amusement park, campground and car wash will be prohibited uses within the exception zone.
Severance applications are required in order to allow the reconfiguration of the properties so that each new well will serve their own property. Also, easements are required for any shared accesses.
Development of the site is subject to further review by the City through the Site Plan Control approval process. At that time, reports detailing the provision of the servicing and stormwater management will be reviewed along with the engineering plans, geotechnical information, final floor plans and elevations, site plan and landscaping plan. Any recommendations of the reports and approved drawings will be implemented through the Site Plan approval and contained in the Site Plan Control Agreement. Securities will be required by the City.
The proposed site plan was modified from the original submission to comply with the setback from waterbody requirements of the Zoning By-law and there are no longer encroachments into the watercourse. An Environmental Impact Statement was prepared and identifies the Heb Gordon Municipal Drain as a fish habitat. The recommendations of the report will be implemented through the site plan control application.
The proposed amendment adds a retail use not associated with an agricultural, construction, gardening or landscaping-related products and a medical facility at this location. This development is supported by the appropriate studies and continues the development of this intersection for commercial uses catering to the residential development and travelling public.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Three members of the public submitted comments and are summarized along with a discussion of the concerns in Document 3. A number of parties also requested to be further notified as the application proceeded, but did not provide comments.
The Ward Councillor is aware of the application and the staff recommendation.
Should there be an appeal to this rezoning, in a typical situation involving an Agricultural Resource designation; it would be a significant challenge to defend the proposed exception zone. However, given both the planning and development history of this file, where the lands were prior to 1997 not in an Agricultural Resource designation and there is a history of retail uses on the site, the zoning is, in the opinion of Legal Services, defensible.
In accordance with the City Strategic Plan, the rural village is preserved. Historically, this site has been developed for commercial uses, as reflected in the current and former Zoning By-laws and the redevelopment will enhance the services at this intersection.
There are no direct financial implications associated with this report.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the complexity of the issues associated with the setback to a waterbody and additional hydrogeological information which required further on-site testing.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
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.
DETAILS OF RECOMMENDED ZONING
Proposed Changes to Zoning By-law 2008-250
1. The zoning map of Zoning By-law 2008-250 will be amended by changing the zoning for the subject properties from Rural Commercial, Subzone 1, RC1 to Rural Commercial, Subzone 1, Exception [xxxr] as shown in Document 1.
2. A new exception be added to Section 240-Rural Exceptions, and the following special provisions will apply to land zoned RC1[xxxr]:
a) Additional land uses permitted: retail store
b) Land Uses Prohibited: amusement park
c) All lands zoned RC1[xxxr] shall be considered one lot for the purpose of applying the zoning provisions
d) The minimum front yard setback is 1.0m
e) Driveways, aisles and parking may be shared between properties within the RC1[xxxr] zone
f) The minimum number of parking spaces required is 3 spaces/100 m2 of gross floor area
g) Section 217(1)(c) does not apply
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.
Three written submissions were received as a result of the public notification. The concerns raised were the following:
1. The impact of noise from the parking lot to residential uses on River Road.
2. The impact of lighting on the abutting residential uses.
3. The sufficiency of infrastructure to support the development.
4. Measures to protect the fish habitat and watercourse.
RESPONSE TO PUBLIC COMMENTS
1. The building has been oriented to abut River Road and the parking lot has been placed behind the building, fronting on Mitch Owens Road, creating a buffer from the noise and lights of vehicles.
2. Through the site plan control application, a review of the type and placement of lighting will be reviewed. A letter from an electrical engineer will be required certifying that no more than 0.5 foot-candles of light will be at the property line.
3. The site will be serviced by on-site well and septic systems, both of which require approval. The Traffic Impact Study has indicated that the existing road network is able to support the development.
4. An Environmental Impact Assessment was prepared and recommendations of the report will be implemented through the site plan control application. The development complies with the appropriate setback from watercourse provisions as required in the Zoning By‑law.
agriculture and rural affairs committee
8 september 2010
Comité de l’agriculture et des AFFAIRES rurales
le 8 septembre 2010
DRAFT Minutes 59
26 august 2010
extrait dE L’ÉBAUCHE
Du ProcÈs-verbal 59
Le 26 aoÛt 2010
(This application is subject to the provisions of Bill 51.)
Mr. Bill Holzman, Holzman Consultants Inc., appeared before Committee to speak for Mr. Jack and Ms. Sandra Watson, who own land immediately to the north of the subject site at 5504 Spratt Road, at the northeast corner of Mitch Owens and River Roads. Mr. Holzman said the Watsons had expressed a concern that this application was proceeding with a positive staff recommendation to the Zoning By-Law Amendment (ZBA) whereas their previous applications for an Official Plan Amendment (OPA) and ZBA were recommended for refusal in 2009, and were subsequently refused by Council. He said it was felt that a more holistic approach for planning in this unique area of the former Township of Osgoode was warranted. Mr. Holzman said that his clients were puzzled by staff’s explanation of this project’s conformity with the current OP. He said they felt their application would have had an impact in the preparation of the current report, which was silent on their application, and seemed to have been done in isolation of their own. Mr. Holzman said his clients did agree, however, with staff’s reference to the significance of this intersection, outlining the area’s many non-agriculture-related activities.
In response to questions from Councillor Jellett regarding the current status of his client’s lands, Mr. Holzman said the lands contain a major commercial development, anchored by a bank and a fast-food restaurant, and two free-standing buildings (with approval for an expansion). Behind this, an application had been submitted for an OPA and ZBA for approximately 105,000 square feet of commercial development, which had been rejected. Mr. Danny Page, Program Manager, Development Review, Rural Services Branch (West), PGM, ISCS, explained the “Trinity” application for a shopping centre was to have been located in fields north of the Tim Hortons coffee shop located at the corner of Mitch Owens and River Roads, and that although the particular development would have been oriented towards River Road, it would have had an address on Spratt Road. He explained the fields in question are designated Prime Agricultural, and have been used as such until fairly recently. Chair Thompson concurred, noting that the lands are still being used for grazing beef cattle.
Messrs. Lloyd Phillips and David Taras, Lloyd Phillips & Associates, Ltd., representing Gendor Developments and the Drummond family. Mr. Phillips said his clients support the staff recommendation, and he asked that Committee concur. He also supported staff’s explanation regarding the OP, particularly regarding the site’s history as part of a local commercial area within Osgoode; the site, part of an existing commercial node, has contained a gas bar and restaurant since the 1960’s/70’s, and is paved almost in its entirety. Mr. Phillips felt there is a strong conformity with the City’s OP and that approval of the staff recommendation will serve to advance the project.
Councillor Hunter felt the report was self-explanatory, and that removing some existing uses while adding ones more in line with a 21st century growing community would be welcomed by most of the community.
Chair Thompson acknowledged the difficulties involved, but felt that staff, in doing their necessary research and reviews, had determined there was a difference between the two properties, particularly in consideration of the history of development in the area. He commended staff for their efforts in helping to reach a consensus on a difficult issue.
There being no further discussion, the Committee approved the report recommendation as presented.
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 5220 Mitch Owens Road from Rural Commercial-Subzone 1, (RC1) to Rural Commercial-Subzone 1, Exception [xxx], (RC1[xxxr]) as detailed in Document 2 and as shown in Document 1