5. ZONING – 3905 INNES ROAD
ZONAGE – 3905, CHEMIN INNES
Committee recommendationS as amended
(This matter is Subject to Bill 51)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3905 Innes Road from Residential First Density, Subzone W (R1W) to Local Commercial, Subzone 6, Exception [xxx], holding (LC6[xxx] h), as shown in Document 1 and detailed in Document 2, as amended by the following:
1. All uses are to provide direct access to Innes Road
2. An opaque screen a height of 3.0 m is to be provided along the east property line
3. An opaque screen a minimum height of 2.5 metre measured from the average grade of the property and Tooney Drive adjacent to the subject site is to be provided along the north property line; and
that there be no further notice pursuant to Section 34 (17) of the Planning Act.
RecommandationS MODIFIÉES DU Comité
(Cette question est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-450 afin de changer la désignation de zonage du 3905, chemin Innes de Zone résidentielle de densité 1, sous-zone W (R1W) à Zone de commerces locaux, sous-zone 6, dotée d’une exception [xxx] et du symbole d’aménagement différé (LC6[xxx]-h), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2, modifié en ces termes :
1. Toutes les utilisations doivent permettre un accès direct au chemin Innes;
2. Un écran opaque de trois mètres doit être installé le long de la limite est de la propriété;
3. Un écran opaque d’une hauteur minimale de 2,5 mètres mesurée à partir du niveau du sol moyen de la propriété et de la promenade Tooney adjacente doit être installé le long de la limite nord de la propriété;
Qu’aucun autre avis ne soit donné, conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.
1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 28 July 2011 (ACS2011-ICS-PGM-0157).
2. Extract of Draft Minutes 18, Planning Committee meeting of 15 August 2011
That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3905 Innes Road from Residential First Density, Subzone W (R1W) to Local Commercial, Subzone 6, Exception [xxx], holding (LC6[xxx]‑h), as shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-450 afin de changer la désignation de zonage du 3905, chemin Innes de Zone résidentielle de densité 1, sous-zone W (R1W) à Zone de commerces locaux, sous-zone 6, dotée d’une exception [xxx] et du symbole d’aménagement différé (LC6[xxx]-h), comme il est indiqué dans le Document 1 et expliqué en détail dans le Document 2.
Purpose of Zoning Amendment
The subject site is located on the north side of Innes Road, east of Belcourt Boulevard and currently contains a single storey detached dwelling with a number of accessory buildings.
To the west and south is commercial development and to the north and east is low density residential development. The subject site has an area of 1380 square metres with 22 metres of frontage along Innes Road and 22.8 metres of frontage along Tooney Drive. The site is currently serviced by municipal water and private on-site septic system.
The purpose of the zoning amendment is to permit limited commercial uses on the subject site, subject to site specific requirements.
The site is currently zoned Residential First Density, Subzone W (R1W) and does not permit commercial uses.
The proposed zoning is to zone to site to a site specific Local Commercial (LC) zone to allow for a limited number of commercial and residential uses.
The Official Plan designation of the site is General Urban Area. This designation permits a full range and choice of housing types, in combination with conveniently located employment, retail, service, cultural, leisure, entertainment and institutional uses. This is to facilitate the development of complete and sustainable communities.
Details of Proposed Zoning
Limited commercial uses are appropriate on the subject site. The site is within a transition area between the residential uses located and fronting on Tooney Drive and the commercial development on both sides of Innes Road. The proposed retail use will utilize the shell of the existing building, renovate the interior and alter the exterior to reflect the new use. Limited to the existing mass, it will therefore be compatible with a residential development.
It is anticipated the current road network is able to accommodate the traffic expected to be generated by the proposal. Innes Road is classified as an arterial road in the Official Plan and access to the site will be restricted to a right-in/right-out on Innes Road. It is proposed that all future commercial uses will be limited to access from Innes Road only. Access to Tooney Drive will not be permitted without the lifting of the existing 0.30 metre reserve, should it be proposed for a residential use.
Parking is to be in accordance with the relevant provisions of the Zoning By-law and no changes are proposed to the existing rates. Bus stops and sidewalks are provided and a pedestrian connection to the residential area is located approximately 83 metres to the east of the subject site.
The site is currently serviced by municipal water and a private septic system. The existing septic system is located on the north portion of the site, between the existing building and Tooney Drive. At this time, it is not anticipated the proposed use will generate more demand on the septic system than the existing single detached dwelling. The use of the holding symbol is proposed to delay the conversion to a retail use until such time as approval is provided for the septic system by the Ottawa Septic System Office. All other permitted uses will require a connection to the municipal system. When the existing subdivision to the north was designed, it anticipated and took into account in the calculations of the capacity of the sewer system that the subject site might be connected to the system. The 0.30m reserve was placed along the Tooney Drive frontage to ensure paybacks to the developer of the subdivision at the time the subject site is developed with services and access to Tooney Drive. The location of the septic system will preclude the area from being used for parking as long as the septic system exists. It is recommended that the setback of the parking lot be increased from 1.5m to 3.0m, in order to provide a greater separation between any future parking lot and the residential use.
The current proposal is not subject to the Site Plan Control By-law, as the existing building will be used and no site works will trigger the requirement for site plan control approval. In order to mitigate the impact of the use on the adjacent residential developments, a number of buffering provisions are proposed. Any future development may trigger the need for site plan control and will provide the opportunity for the City to review the site and landscaping plans, elevations, servicing and access.
Signage will be subject to the sign by-law for commercial development adjacent to residential development.
In conclusion, the Department is recommending approval of the proposed amendment in that the zoning will appropriately limit the non-residential uses on the site to appropriate uses, subject to specific requirements. If the recommendation is approved as proposed, the single detached dwelling would become a legal non-conforming use.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Comments were received by a number of adjacent residents and are summarized in Document 3.
The Ward Councillor is aware of this application and provides the following comment:
‘I would support the rezoning with the proviso that the owner provides the necessary fencing and landscaping to shield the neighbours and that we work with the abutting commercial property to bring about improved conformity and privacy.’
There are no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk implications.
There are no environmental implications of the proposal. The septic system will require a permit from the Ottawa Septic System Office at the time a building permit is issued.
In accordance with the City’s Strategic Plan, the proposal respects the existing urban fabric.
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 Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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 DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
a) The subject lands shown in Document 1 be rezoned from R1W to LC6[xxx]-h.
b) A new exception, LC6[xxx]-h be added to Section 239-Urban Exceptions to include the following:
i) Uses prohibited:
drive through facility
- A retail use limited to a maximum of 90 square metres gross floor area is permitted on private sewerage when the holding symbol is removed from the property
- The holding symbol can only be removed when the Ottawa Septic System Office approves the septic system for the retail use
- All permitted uses, except a retail use limited to a maximum of 90 square metres gross floor area, must be connected to full municipal services
- All non-residential uses are to provide direct access to Innes Road
- Outdoor display is prohibited
- Despite Table 110, minimum required width of a landscaped buffer for a parking lot abutting a residential use or zone: 3.0m
- An opaque screen a minimum height of 1.8 metres is to be provided along the east property line
- An opaque screen a minimum height of 2.5 metres measured from the average grade of Tooney Drive adjacent to the subject site is to be provided along the north property line.
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.
One Community Information and Comment Session was held on July 5, 2011. Approximately five residents were in attendance. As a result of the meeting and signage, three responses were received opposing the proposal. A number of comments received also indicated opposition to the proposal, however, provided suggestions if the commercial proposal was to go forward.
1. Concern with respect to the gradual erosion of the residential character of the portion of Innes.
2. If commercial uses are to be permitted, uses should be restricted, adequate parking is to be provided, lighting and signage should not to impact the residential uses and fencing and landscaping is to be provided in order to buffer the property from the existing residential uses.
SUMMARY OF PUBLIC INPUT
1. This property abuts a commercial development to the west and south and residential uses to the east and north. It has the potential for access to be either provided from Innes Road or Tooney Drive. It is a property within a transition area between uses and with appropriate building and site design, either commercial and residential uses may be accommodated.
2. The recommendation proposes a prohibition of specific uses. The parking rate is not being amended; therefore any use must comply with the requirements of the zoning by-law. Proposed lighting will be reviewed at the site plan control stage and signage is subject to the Signage By-law. Specific buffering requirements are proposed along the north and east property lines.
ZONING – 3905 INNES ROAD
ZONAGE – 3905, CHEMIN INNES
(This matter is Subject to Bill 51)
That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 3905 Innes Road from Residential First Density, Subzone W (R1W) to Local Commercial, Subzone 6, Exception [xxx], holding (LC6[xxx] h), as shown in Document 1 and detailed in Document 2.
Ann and Greg Hannah were registered to speak in opposition, but did not need to speak as a result of the below-noted motion. A copy of their written submission dated 8 August 2011 is held on file with the City Clerk.
Bill Holzman, Holzman Consultants Inc., and Pat Hunter, Comfort King, were present for the applicant in support of the application, and agreed with the below-noted motion.
MOTION NO PLC 18/4
Moved by Councillor R. Bloess:
BE IT RESOLVED that Document 2 be amended by the following:
• All uses are to provide direct access to Innes Road
• An opaque screen a height of 3.0 m is to be provided along the east property line
• An opaque screen a minimum height of 2.5 metre measured from the average grade of the property and Tooney Drive adjacent to the subject site is to be provided along the north property line
And that there be no further notice pursuant to Section 34 (17) of the Planning Act.
The report recommendation was put to Committee and CARRIED, as amended.