Report to/Rapport
au:
Planning and
Development Committee/
Comité de
l’urbanisme et de l’aménagement
and Council/et au Conseil
13 June 2001 / le
13 juin 2001
Submitted
by/Soumis par: Ned Lathrop, General
Manager/Directeur général
Development Services Department/Services d’aménagement
Contact/Personne-ressource: Grant Lindsay, Manager Development
Approvals/ Gestionnaire, Approbation des demandes d’aménagement
244-5300 ext 1-3242,
grant.Lindsay@city.ottawa.on.ca
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Ref N°:
ACS2001-DEV-APR-0161 |
SUBJECT: ZONING
- 225–245 RICHMOND ROAD
OBJET: ZONAGE
- 225–245, CHEMIN RICHMOND
REPORT RECOMMENDATION
That the Planning and
Development Committee recommend Council refuse the application to amend Zoning
By-law 1998 of the former City of Ottawa from Multiple Unit Zone R4C and R4C-p
F(0.5) to Neighbourhood Linear Commercial Zone CN[498] F(1.0) H10.7 at
225-245 Richmond Road.
RECOMMANDATION
DU RAPPORT
Que le Comité de l’urbanisme et de l’aménagement
recommande au Conseil de refuser la demande de modification du Règlement
municipal sur le zonage de 1998 de l’ancienne Ville d’Ottawa, visant à
changer la désignation de Zone d’immeubles à logements multiples R4C et R4C-p
F(0.5) à celle de Zone de rue commerçante de quartier CN[498] F(1.0) H10.7 aux
225–245, chemin Richmond.
BACKGROUND
The subject property, 225 to 245 Richmond Road, is occupied by an automobile sales dealership, as well as detached houses at 361 and 365 Tweedsmuir Avenue. The automobile sales dealership portion of the property also extends to the north from Richmond Road along McRae Avenue. The specific land requested to be rezoned is 361 and 365 Tweedsmuir Avenue, and the adjacent part of the automobile sales dealership to the south (formerly 369 Tweedsmuir Avenue), which is used as parking/vehicle storage. The applicant has applied to rezone these Tweedsmuir Avenue lands now zoned Multiple Unit Zone, R4C and R4C-p F(0.5) respectively, to a Neighbourhood Linear Commercial Zone, CN[498] F(1.0) H10.7 zone. All the described lands are under one ownership. The adjacent area to the north and west of the land requested to be rezoned is a low profile residential neighbourhood.
Purpose of
Requested Zoning Amendment
The owner of the property wishes to establish the same zoning across the entire area of ownership to allow a redevelopment that will reorganize and separate two automobile dealership franchises on the site. The redevelopment would include use of the area of the rezoning for parking and building expansions. A Site Plan Control application for the proposed redevelopment also has been submitted. At the time of the writing of this report, the Site Plan application for Phase I of the planned expansion on the southeast corner of the property was anticipated to be approved in mid-June, 2001, and does not involve the specific area of the rezoning request.
Existing
and Requested Zoning
The existing R4C zone allows for a mix of residential uses such as detached house, semi-detached house and townhouse, and is intended to encourage medium density development, recognize existing land use patterns and provide a transition between low and high density residential areas. The R4C zone does not allow for an automobile dealership. The existing R4C-p F(0.5) zone allows for transitional parking that is beside or behind a non-residential zone, and for a total gross floor area equal to 0.5 times the area of the lot. The R4C-p F(0.5) zone does not allow for an automobile dealership.
The majority of the area of the automobile dealership property, beyond the area of the requested rezoning, is zoned CN[498] F(1.0) H13.8. This zone is intended to encourage a mix of commercial uses having visual continuity and small-scale building form at street-level and a pedestrian orientation, and to impose regulations and standards to minimize effects on nearby uses. The existing Neighbourhood Linear Commercial Zone allows for a total gross floor area equal to 1.0 times the area of the lot, a maximum building height of 13.8 metres, and the exception to the zone allows for an automobile dealership and, if on a corner property, a gas bar and service station. A similar CN[498] F(1.0) H10.7 zone is the requested rezoning for the Tweedsmuir Avenue section of the property, with a variation from the remainder of the property to limit the maximum building height to 10.7 metres.
Official Plan Designations
The subject property is within the General Urban Area designation of the Official Plan of the former Region of Ottawa-Carleton (OPROC). The General Urban Area is intended primarily to be used for residential purposes as well as for the shopping, services and community facilities related to day-to-day needs, with non-residential uses subject to limitations pertaining to the number of jobs and development policies.
The subject property requested for rezoning is located within the Residential Area designation of the Official Plan of the former City of Ottawa (OPCO). Land designated Residential Area is intended to be used predominantly for residential purposes providing for a full range of dwelling types. Most of the applicant’s existing automobile dealership is located within a Neighbourhood Linear Commercial Area designation.
DISCUSSION
Official Plan of the Former Region of Ottawa-Carleton
Development of retail facilities, such as an automobile sales facility, within the General Urban Area of the OPROC is subject to a set of objectives and policies for retail and commercial development. The pertinent Objectives of the OPROC are 5 and 6 of section 4.7.1. Objective 5 states the need to address pedestrian safety and security in the design of the site, while objective 6 directs that the retail operation have no adverse affect on the surrounding community. The normal operations and physical traits of an automobile sales dealership exhibit characteristics that negatively affect adjacent residential neighbourhoods. The applicant’s proposed dealership expansion would displace existing residences on a local residential side street. Outdoor sales and vehicle storage areas require lighting, repair and service areas can be noisy, odourous and unsightly, the practice of “test-driving” vehicles aggravates acceptable traffic patterns and conflicts with pedestrian use of local residential streets, and the physical design does not contribute to residential character. To extend an automobile sales facility such that it is directly across from the fronts of five additional residential units would magnify these problems.
Official Plan of the former City of Ottawa
Guiding Principles and Vision for Ottawa – Chapter 1
The basic “Guiding Principles” and “Vision For Ottawa” of the OPCO refer to the City’s neighbourhoods as the “building blocks of the City” and the principles indicate that “physical change in these communities should be gradual and not only respect, but improve the physical fabric and character of the area.” The proposed removal of homes represents an intrusion into an established residential neighbourhood. The Vision states that neigbourhoods will “evolve with a diversity of housing and amenities that meet the changing needs of its residents.” The proposed rezoning to allow an automobile sales facility on three existing residentially zoned lots in the Westboro neighbourhood would not demonstrate respect for, nor improve the physical fabric and character of the neighbourhood.
Housing
Development and Residential Areas – Chapter 3
The Strategic Approach of the Housing Development and Residential Areas, Chapter 3 of the
OPCO indicates that existing housing is to be conserved to help meet future
needs by controlling demolition or conversion to non-residential uses. The Objectives for the Tenure Mix, and the
Conservation and Renewal sections of Chapter 3 speak of protecting rental
housing, especially when vacancy rates are low, and ensuring that existing
housing supply is not eroded. The
Conservation and Renewal Policies go on to allow for exceptions to the
protection objective if other OPCO objectives are fulfilled and the positive
effects of the proposal outweigh the loss of the housing. The existing dwellings on the land proposed
to be rezoned do provide rental hosing and the vacancy rates are currently
considered to be very low.
The
proposed rezoning would promote the loss of rental housing stock through
demolition and conversion to a non-residential use and thus would be contrary
to the Strategic Approach and the Tenure Mix Objectives of Chapter 3. The proposed redevelopment is also contrary
to numerous other objectives of the OPCO and therefore is not a supportable
exception to the protection objectives.
The OPCO contains policies in the Housing Supply and Compatible Development section specifically intended to give guidance on proposals for changes that result in other uses in residential neighbourhoods. A set of factors is set out in the policies section to determine the acceptability of non-residential uses in the Residential Area. These factors require that the proposed use is isolated from, or at the periphery of existing residential development, that the proposed use is located on a major collector or arterial roadway, and that the proposed use is compatible with the existing residential uses in terms of various criteria. These criteria include pedestrian access to the use, the ability to use buffering or other design measures to reduce the adverse effects of the proposed use such as noise, lighting, fumes and outdoor storage, and that the use is compatible in terms of other applicable policies of the OPCO.
The location of the proposed rezoning is not isolated from the existing residential area, but rather would actually displace three existing residential lots, which are located on a local residential street, as opposed to the prescribed major collector or arterial roadway as set out in the OPCO. As well, many of the incompatible characteristics of the normal operation of an automobile sales dealership, such as noise, fumes and often lighting, cannot be effectively reduced through buffering or other means, including operational and management practices.
Economic Development and Employment Areas – Chapter 4
As noted above, it is the Department's contention that the existing automobile sales facility, including all the buildings, is located in an area designated as Neighbourhood Linear Commercial Area in the OPCO. The automobile sales facility is inconsistent with the land use intent of the designation which is to “provide for the main street and store-front-type of commercial development found in older areas”, and to recognize and provide for “enhancement of the unique, mixed use and pedestrian-oriented character of these commercial areas serving residents in the vicinity, with some specialized areas and/or uses attracting customers from beyond the neighbourhood”. However, due to its status as an existing use, the automobile sales facility was recognized through an exception to the Zoning By-law and thus allowed to remain as is. It is anticipated that over time, this use will be replaced by uses that are more compatible with the intent of the Neighbourhood Linear Commercial Area designation.
In keeping with the intent of the Neighbourhood Linear
Commercial Area, an expansion of the automobile sales facility into Residential
Area Lands Designation through the proposed rezoning would be contrary to
Objectives of the Linear Commercial Areas section of Chapter 4 of the OPCO. The
objectives call for reducing the
negative impacts of expanded uses in Linear Commercial Areas on adjacent
residential areas, facilitating pedestrian interest and community interaction
through uses that are compatible with adjacent residential areas, and where the
proposed use will likely have a significant negative impact upon adjoining
residential areas by virtue of noise, fumes or traffic generation, it should be
discouraged. Therefore the proposed
zoning to allow for automobile sales facility expansion along an established
residential street is contrary to the objectives and policies of the Economic
Development and Employment Areas chapter of the OPCO.
Key Principles - Westboro Area Neighbourhood Plan
The Key Principles of the Westboro Area Neighbourhood Plan include general policies that promote the preservation or improvement of the physical character of existing low rise, low-density residential areas and call for the control of the location and size of commercial development. Rezoning of part of an existing Westboro residential neighbourhood to permit expansion of an automobile sales facility will not be conducive to preserving or improving the residential character of the area nor demonstrate control of the location and size of the commercial development.
The policies of the Residential Land Use section of the Westboro Area Neighbourhood Plan advocate maintaining and improving the residential character of the neighbourhood. The Residential Policy section also contains a policy to “protect residential development from encroachment by commercial operations”. The intent of this application is contrary to the residential policies of the Westboro Area Neighbourhood Plan.
Conclusion and Recommendation
The proposed zoning application conflicts with the OPROC, provisions of three chapters of the OPCO and the Key Principles of the Westboro Neighbourhood Plan and, therefore, cannot be supported by staff.
CONSULTATION
Public consultation was undertaken for this application through the posting of an on-site sign and mailing of a notification to community groups representing the area. There were six responses to the public notification, all in opposition to the proposal. A summary and response to the comments provided by the public is provided in Document 2.
FINANCIAL IMPLICATIONS
N/A
ATTACHMENTS
Document 1 Location Map – Requested Zoning Change
Document 2 Consultation Details
DISPOSITION
City Clerk to notify the owners (Rellok Ltd., 222 – 245 Richmond Road, Ottawa, Ontario, K1Z 6W7) of City Council’s decision.
Location Plan Document 1
Consultation Details Document
2
Notification and consultation procedures were carried out in accordance with Early Notification procedures approved by the City Council of the former City of Ottawa for Zoning By-law Amendments.
Westboro Community Association
In a response dated March 5, 2001, the Westboro Community Association provided comments on the requested rezoning, which are summarized and addressed below:
1. Comment: The requested rezoning does not conform with the policies of the
Official Plan of the former City of Ottawa related to the Municipal Development
Strategy, Neighbourhood Linear Commercial Areas, Westboro Key Area Principles
and Housing Development and Residential Areas.
Response: Agreed; conflicts
with these sections of the OPCO are described in the Discussion section of this
report.
2. Comment: Over the years the applicant has assembled residential lots to
rezone them for commercial use resulting in an uncharacteristic commercial
depth for the site and the setting of a precedent for residential
encroachment. This should not be
allowed to continue.
Response: As discussed in this report, it is agreed
that the rezoning requested in this case should not be allowed.
3. Comment: The rezoning application should be deferred
until the Secondary Planning Study, as approved by City Council in April 2000, has
been completed for the Westboro/West-Wellington Area.
Response: City Council is considering the study in the
context of the 2001 work program.
4. Comment: It is inappropriate and poor planning to rezone residential land
and demolish residential homes to provide for the storage of automobiles at a
time when there is record demand for affordable housing in the City.
Response: Agreed; as outlined in the Discussion
section of this report.
5. Comment: It is the WCA's position that the proposed rezoning
is inappropriate, and as such the application should be rejected.
Response: The recommendation of this report is to
refuse the requested rezoning.
Public
Comments
There were five responses from the general public providing comments on the requested rezoning, which are summarized and addressed below:
1. Comment: There is not enough parking for the existing commercial development along Richmond Road with spill-over onto Tweedsmuir Avenue, causing a loss of visitor parking space for Tweedsmuir residents, blockage of driveways, parking on lawns, and visibility problems at the intersection: additional development pursuant to the requested rezoning will only exacerbate these problems.
Response: Any additional development on the property would be required to meet the Zoning By-law requirements for the provision of parking spaces.
2. Comment: The intense lighting required for the dealership parking lots is excessive and shines in adjacent homes already without enlarging the commercial area; this requires special window treatments and causes a loss of privacy. Expanding the commercial development into the residential area will make this problem worse.
Response: Such physical concerns may be pursued through the Site Plan Control process, but the Department agrees that the requested rezoning would increase the potential for exacerbation of these problems.
3. Comment: Tweedsmuir Avenue is unsafe for pedestrians and children due to the use of the street by people coming and going from the car dealership, especially the many test-drives, often at high speeds. The proposed rezoning will only result in added traffic and further reductions in safety for residents.
Response: The Department agrees that the requested rezoning would increase the potential for exacerbation of these problems.
4. Comment: The proposed rezoning would result in further loss in the normal quiet enjoyment of nearby residences due to noise and other effects from the functioning of the car dealership, such as testing car stereos, activating alarms and picking up the extra commercial garbage that ends up on the residential properties.
Response: The Department agrees that the requested rezoning would increase the potential for exacerbation of these problems.
5. Comment: The proposed rezoning would be a commercial intrusion into the residential area resulting in further loss of spatial definition between the residential and commercial areas and a loss of residential property values. It would be of no benefit to the nearby residents and therefore should not be allowed.
Response: As stated in the Discussion section of this report the Department shares these concerns.
6. Comment: Tweedsmuir Avenue should remain residential. People living on the street should not have to start looking across the street at a commercial parking lot instead of the well-kept homes that exist there now; this would detract from the residential character of Tweedsmuir Avenue and change the neighbourhood atmosphere of Westboro.
Response: Agreed.
7. Comment: The applicant doesn’t need to expand up Tweedsmuir Avenue when they own ample property already zoned commercial along McRae Avenue. This would set a bad precedent of commercialization of the residential area.
Response: The applicant is encumbered by design constraints set by the parent automobile manufacturers, which render significant expansion along McCrae Avenue difficult, however this is not considered legitimate planning justification for commercial expansion on along Tweedsmuir Avenue.
8. Comment: It makes no sense to facilitate the loss of two good homes through a rezoning approval for commercial development when the City is experiencing a housing crisis.
Response: Especially given that the houses involved are sometimes rented; the Department concurs.
9. Comment: Snow from the car business often gets piled on the adjacent walkway areas causing unsafe walking conditions for pedestrians and people pushing strollers along Tweedsmuir Avenue, especially since this route leads to the nearby Transit Way station. Expansion of this practice further along Tweedsmuir Avenue would be a big problem.
Response: Staff agrees with this conclusion.
10. Comment: Expansion of the car dealership would exacerbate the existing problem of oil, coolant and other fluids flowing into the yards along the west side of Tweedsmuir due to the existing drainage problems in the area.
Response: Any redevelopment on the property would be required to self contain run-off from the affected area of the site.
COUNCILLOR’S COMMENT
Councillor Shawn Little is aware of the application.