Report to/Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

 

and Council/et au Conseil

 

30 April 2003 / le 30 avril 2003

 

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

580-2424 ext. 13242, grant.lindsay@ottawa.ca

 

 

Ref N°:   ACS2003-DEV-APR-0099

 

 

SUBJECT:     ZONING –  2759 LANCASTER ROAD

 

OBJET:          ZONAGE2759, CHEMIN LANCASTER

 

 

REPORT RECOMMENDATION

 

That the Planning and Development Committee recommend Council approve an amendment to the former City of Ottawa Zoning By-law, 1998, to add auto towing service and related storage yard for vehicles as permitted uses in the Industrial Business Park IP4 F(1.0) Zone and establishing a landscape buffer requirement for the property at 2759 Lancaster as detailed in Document 2 and shown in Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil municipal d’approuver une modification au Règlement de zonage de 1998 de l’ancienne Ville d’Ottawa prévoyant qu’un service de remorquage et une aire de remisage des véhicules soient ajoutés au nombre des utilisations permises dans la Zone de parc industriel et commercial IP4 F(1.0) et qu’une zone tampon soit exigée pour la propriété sise au 2759, chemin Lancaster et décrite dans le document 3.

 

 

BACKGROUND

 

The subject property, 2759 Lancaster Road, located in the former City of Ottawa is situated north of Walkley Road on the east side of Lancaster Road. A one storey commercial building is located on the property which accommodates the following uses: Ottawa Metro Towing and Recovery (an outdoor automobile storage yard and garage); Lancaster Auto Centre (auto parts with repair garage); and Graphic Design Group (graphics and printing shop).

 

To the north of the site is a Brinks Security terminal and office building, to the south is a printing establishment, to the east is a Canadian National Rail line and heavy industrial uses, and to the west, under construction, is a multi-tenant commercial building and Tim Horton’s Restaurant.

 

The current zoning for the subject property is IP4 F(1.0), an Industrial Business Park Zone. The purpose of the IP zone is to permit light industrial and research uses, as well as high technology manufacturing uses in areas designated as Business Employment Areas in the Official Plan.   The zoning of lands adjacent to the north of the subject property across the CN rail line and to the south across Walkley Road are Heavy Industrial, IH F(1.0). The purpose of the IH zone is to maintain the heavy industrial nature of the these lands as a location for such uses which, by their nature, generate noise, fumes, odours, and are hazardous and obnoxious.

 

The applicant is proposing that a special exception be added to the Zoning By-law to allow the existing uses on the property at 2759 Lancaster Road, specifically the outdoor automobile storage yard which is a legal non-conforming use for use by Ottawa Metro Towing and Recovery, to expand onto adjacent property to the north of the site, which extends along the CN rail line to Walkley Road that was conveyed to the owners of 2759 Lancaster.

 

DISCUSSION

 

Review of the proposal raised a number of issues associated with permitting the expansion of the automobile storage yard onto the newly acquired lands. The original subdivision of land of the office park did not take into consideration the conveyance of this long awkward shaped parcel from CNR to the property owner(s) at 2759 Lancaster.  The shape of the parcel and proximity to the two adjacent parcels creates an irregular parcel and requires adequate screening and buffers so that the visual integrity of the business activities in the office park are maintained.

 

The Development Services Department is recommending additional zoning provisions to provide for a landscape buffer as part of the exception to permit a storage yard for vehicles on the subject property.  The following is a discussion of the issues associated with the proposal in the context of the policy framework of the new City of Ottawa Official Plan, the former Region of Ottawa Carleton Official Plan, and the former City of Ottawa Official Plan and Zoning By-law.


 

City of Ottawa Official Plan

 

The subject property and surrounding area is designated Employment Area on Schedule B of the City of Ottawa , City Council Approved Official Plan.  This designation permits a variety and mix of commercial, office and industrial land uses with an emphasis to maintain the industrial character of the area.  Further, the policies in this section identify storage as a typical use within this designation that could be permitted under the Zoning By-law.   Section 4 of the Official Plan contains policies to ensure that proposals, whether buildings or places, be compatible with the existing context, character and quality of the surrounding area.  Within this evaluation framework, staff have reviewed the proposal and found that the site is large enough to accommodate the proposal and expansion of the automobile storage yard.  The potential impacts from the site in terms of wind, noise, odours, traffic, dust and outdoor storage can be mitigated through provisions in the Zoning Amendment and through Site Plan Control.  The remainder of the discussion elaborates on these measures more thoroughly within the policy framework of the former Region of Ottawa-Carleton Official Plan and the former City of Ottawa Official Plan and Zoning By-law.

 

Former Region of Ottawa-Carleton Official Plan

 

The subject property is designated Business Park in the former Region of Ottawa-Carleton Official Plan (ROP).  The definition of Business Park includes industrial and business parks, research parks, warehousing and other related non-residential uses.  The Business Park designation in the ROP includes both industrial and business uses and is intended to facilitate a mix of land uses.  The area that is proposed to accommodate the auto storage yard expansion provides opportunity to utilize a surplus parcel of land that is situated between an abutting heavy industrial zone and the subject business park zone.  Provided that proper landscaping and buffering is achieved through both this zoning amendment and subsequent site plan control, the proposal to rezone and expand the storage yard onto the additional lands will comply with the ROP policies for the Business Park designation.   This will also ensure that the proposal is well integrated with the surrounding land uses by providing a transition between Business Park and the Heavy Industrial zones located to the east and south of the site.

 

Former City of Ottawa Official Plan and Zoning By-law, 1998

 

The subject property is designated Business Employment Area in the former City of Ottawa Official Plan (OPCO).  Lands designated Business Employment Area are to accommodate the demand for comprehensively planned business park developments and include a variety of uses such as light industrial, office, business and personal service uses and convenience type stores.  The OPCO states that “Uses with the potential to generate a negative impact upon either a Business Employment Area or adjacent residential areas by virtue of noise, fumes or visual appearance shall not be permitted.”  The proposal to expand the storage yard will not create any negative noise or fumes and is not adjacent to a residential area.  However, there are moderate visual impacts that can be mitigated through this Zoning By-law Amendment and through site plan control. 


These measures include a 3 metre landscaped buffer that will consists of coniferous trees along Walkey Road and a 1.8 metre high opaque screen or fence that is to be placed along the south lot abutting the property at 2781 Lancaster Road.  Further, the expanded auto storage yard will be divided into three sections of vehicular storage:

 

(1)   Area A: All damaged vehicles will be contained to this area;

(2)   Area B: Operational vehicles will be contained within this area;

(3)   Area C: To contain staff parking and operational vehicle storage only.

 

These three areas will be illustrated on the site plan application that will be reviewed following the Zoning By-law Amendment and will be reflected in the conditions to be set out in the site plan control agreement between the City and Owner(s) of the property.  This combination of storage areas, landscape buffers and opaque screening will ensure that the proposal is well integrated with the surrounding land uses and meets the objectives in the ROP and OPCO.

 

The Industrial Business Park IP zone is specifically designed to prohibit uses which are likely to generate noise, fumes, odours, or are hazardous or obnoxious.   The proposal to expand the parking will not generate any of the noted impacts and respects the intent of the Zoning By-law by restricting the use of most of the new storage area and mitigating its impact on adjacent uses.   The proposed Zoning By-Law amendment is structured to allow the controlled expansion of the automobile storage yard provided that there is adequate screening and landscaping to prevent any negative visual effect on the office park.  These measures will limit the visual exposure of the storage yard from Lancaster and Walkley Road and maintain the integrity of the entranceway to the Business Park at the Walkley Intersection.  Further, the site plan control process will allow the Development Services Department to ensure that the landscaping, fencing, and division of new automobile storage yard into areas A, B, and C as described in this report will be provided on the site.

 

CONSULTATION

 

The public was consulted by application notification signs being posted on the subject property and by the mailing of notices to community organizations serving the area.

 

The Ward Councillor concurs with the Department’s recommendation.

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was not processed within the timeframe established for the processing of Zoning By-law Amendment applications. This delay was due to discussions between the applicant and local community associations.

 

ATTACHMENTS

 

Document 1 - Explanatory Note

Document 2 - Details of Recommended Zoning

Document 3 - Location Map – Proposed Zoning

Document 4 - Consultation Details

 

DISPOSITION

 

Department of Corporate Services, Secretariat Services to notify the owner (1110975 Ontario Incorporated, 2759 Lancaster Road, Ottawa Ontario K1B 4V8),  agent (Daphne Wretham, J.L. Richards and Associates Limited, 864 Lady Ellen Place, Ottawa Ontario K1Z 5M2), and the Manager of Assessment, Department of Corporate Services of City Council’s decision.

 

Development Services Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

 


EXPLANATORY NOTE                                                                               Document 1

 

THE FOLLOWING IS AN EXPLANATORY NOTE TO BY-LAW NUMBER   -2002

 

By-law Number 2002 - X amends Zoning By-law, 1998 of the former City of Ottawa.  This amendment affects the property at 2759 Lancaster Road, located near Lancaster and Walkley Road intersection and abutting the Canadian National Railway.  A one storey commercial building is located on the subject property which accommodates the following uses: Ottawa Metro Towing and Recovery  (an outdoor automobile storage yard and garage); Lancaster Auto Centre (auto parts with repair garage); and Graphic Design Group (graphics and printing shop).

 

The applicant is proposing that a special exception be added to the Zoning By-law to allow the existing uses on the property at 2759 Lancaster Road, specifically the outdoor automobile storage yard, which is a legal non-conforming use for use by Ottawa Metro Towing and Recovery.  The rezoning will also allow Ottawa Metro Towing and Recovery to expand onto the adjacent lands to the north of the site, which extends along the CN rail line to Walkley Road that was conveyed to the owners of 2759 Lancaster.

 

 

Current Zoning

 

The current zoning for the subject property is IP4 F(1.0), an Industrial Business Park Zone with a floor space index of 1.0. The purpose of the IP zone is to permit light industrial and research uses, as well as high technology manufacturing uses in areas designated as Business Employment Areas in the Official Plan.   The zoning of lands adjacent to the north of the subject property and separated by the CN rail line are IH F(1.0). The purpose of the IH zone is to maintain the heavy industrial nature of the these lands as a location for such uses which, by their nature, generate noise, fumes, odours, and are hazardous and obnoxious.  

 

Proposed Zoning

 

The proposed zoning is IP F(1.0) – exception to permit an automobile storage yard that is related to an auto towing service with provisions that require a 3.0 metre landscaped area for an automobile storage yard abutting a public street or lot line (or) a 1.8 metre opaque screen with a 0.6 metre landscaped area along a lot line.  The required landscaping and opaque screen will ensure compatibility with adjacent business park land uses and a transition from the existing heavy industrial areas to the east and south.

 

Should you have any questions regarding the amendment please contact Saide Sayah at 580-2424 ext. 27589.

 


DETAILS OF RECOMMENDED ZONING                                              Document 2

 

The proposed zoning is IP4 F(1.0) - exception

 

The following exceptions are proposed:

 

(1)  That an auto towing service and related storage yard for vehicles be

permitted;

 

(2)  That the storage yard for vehicles is only permitted if there is an operating auto towing service;

 

(3)  a minimum landscaped area of 3 metres in width is required between a storage

yard use and a lot line abutting a public street or IP zone;

 

(4) where the landscaped area required in subsection (3) contains an opaque screen that is 1.8 metres high and runs parallel to or is concentric with a lot line the width of the landscaped area may be reduced to 0.6 metres.

 


LOCATION MAP                                                                                         Document 3


CONSULTATION DETAILS                                                                       Document 4

 

This application was subject to the City’s public notification and consultation process for development applications, an on-site sign was posted, and notification provided to registered community groups.

 

SUMMARY OF PUBLIC COMMENTS

 

Canterbury Community Association:

 

Thank you for bringing this application to my attention. I do not believe this application should be approved because of its close proximity to residential properties; the property in question is visible from both Lancaster and more particularly Walkley Road which is a main corridor into our ward and to have an enlarging automobile storage yard adjacent to this road would significantly detract from the surrounding area. In addition, this location is in an established business park environment wherein industrial uses are confined almost exclusively inside and not otherwise visible to the public. I have seen the results of automobile/recycling yards left unchecked by existing zoning restrictions and they are not pretty to see nor are they safe from vandalism and unauthorized uses such as persons dumping unwanted material into the yard. I would hope that you will do everything within your authority to stop this application from being approved. Please note that the expansion referenced in this application is already taking place from what I see from Walkley Road and it is an ugly introduction to our neighbourhood as well as a negative benefit to the businesses adjacent to the property in question.

 

Response: The concerns expressed regarding the expansion of the storage yard will be addressed through the additional provisions proposed in this zoning amendment and through site plan control.  The landscaping that will be required in the additional provisions as well as the required screening will mitigate any negative visual effect that the storage area may have.    The automobile storage yard will be adequately fenced to prevent potential vandalism and the storage of non-operational and damaged vehicles will be limited to a relatively small area labeled Area A on Document 3.

 

Sheffield Glen Community Association

 

This community association will NOT support the variance for this zoning change for this site for the following reasons:

 

1)      The proposed variance for this zoning site would not be a compatible change for the intended office zoning use;

2)      The proposed variance for this property isnegative contrast with the existing abutting office-building site with its inviting landscaped property;

3)      With Walkley road being a gateway to the area, the visual impact would be a negative one on the aesthetically pleasing professional office zoning use of the area;

 

 

4)      The words of the variance & vehicle storage area are not defined well enough. The past use of this area has been primarily a storage area for accident and unworthy road vehicles. If this is any indication of what describes vehicle storage area; the definition needs to be more defined. The use needs to reflect whether it is new or old or derelict vehicles that are to be stored.

 

The only way that this should be considered for a variance is if the owner is required to landscape the perimeter of the property with evergreen trees similar to the office area, as to compliment the present abutting office zone in the same manner.

 

Response:   Since this comment was submitted, the Sheffield Glen Community Association has met with the applicant and no longer objects to the proposal.  Members of the Association have worked with the applicant to develop many of the recommendations that are part of this report and have since indicated that they are now satisfied with the proposed setbacks and landscaping, fencing and organization of the storage yard.