Report to/Rapport au :


Planning and Environment Committee

Comité de l'urbanisme et de l'environnement


and Council / et au Conseil


28 March 2008/le 28 mars 2008


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

Directrice municipale adjointe,

Planning, Transit and the Environment/

Urbanisme, Transport en commun et Environnement


Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 28310


College/Collège (Ward 8)

Ref N°: ACS2008-PTE-PLA-0088




ZONING - 435-441 MOODIE DRIVE (FILE NO. D02-02-08-0003)




ZONAGE - 435-441, promenade moodie




That the Planning and Environment Committee recommend Council approve an amendment to the former City of Nepean Zoning By-law to change the zoning of 435‑441 Moodie Drive from CO Block 11 - Commercial Office, Block 11 Zone to CN Block (XX) - Commercial Neighbourhood (Exception) Zone as shown in Document 1 and as detailed in Document 2.




Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancienne Ville de Nepean visant à faire passer la désignation de zonage de la propriété située aux 435-441, promenade Moodie, de CO, pièce 11 (zone de bureaux commerciaux, pièce 11) à CN, pièce (XX) (zone d’exception à une zone commerciale de quartier), comme l’illustre le document 1 et le précise le document 2.





The subject property is located at 435-441 Moodie Drive, on the east side of Moodie Drive, approximately 300 metres south of the intersection of Moodie Drive and Robertson Road within the Bells Corners community.

The site is bounded by condominium townhouses to the north, a hydro easement to the south and single detached homes to the east.  Condominium townhouses are located on the west side of Moodie Drive opposite the subject site.  


This site is approximately 0.52 hectares in size and has 91 metres of frontage along Moodie Drive.  Two single detached homes previously occupied this site, but were demolished in 1995.  The land is currently vacant and has an Ontario Hydro high tension power line which runs through the south/west corner of the property.


In 2002 a Zoning By-law amendment application was filed with the City to rezone the property to allow for 18, three-storey residential townhouse units.  However, due to community opposition the proponent subsequently dropped the application.


Purpose of Zoning Amendment


The purpose of the Zoning By-law amendment is to rezone the subject property to allow for the construction of a new single storey commercial building (approximately 1108 square metres in size), to accommodate a brew on premises establishment for on premise wine making and retailing of supplies to make wine and beer at home.  The new store will be approximately 750 square metres in size and is to replace an existing store (located at 130 Robertson Road).  The remaining 357 square metres of commercial space is to be divided into one or two leaseable spaces.  A total of 55 parking spaces (including three handicapped parking spaces) will be provided on-site.  Two site accesses will be provided from Moodie Drive.


Existing Zoning


This property is currently zoned ‘CO – Commercial Office, Block 11’, which permits a medical dental office with a maximum building height of three storeys.


Proposed Zoning


The purpose of the Zoning By-law amendment is to change the zoning of 435-441 Moodie Drive from 'Commercial Office, Block 11 (CO Block 11)' to CN (Block XX) - Commercial Neighbourhood exception Zone to allow for the development of a single storey commercial/retail/office building for a brew on premises establishment, as detailed in Document 2.


In order to facilitate the draft site plan, the following zone exceptions are requested:


1)         to remove restaurant and take-out restaurant uses from the list of permitted uses; and

2)         to allow parking space dimensions of 2.6 metres x 5.2 metres (currently 2.6 metres x 6.0 metres); allow handicapped parking space dimensions of 3.6 metres x 5.2 metres (currently 3.9 metres x 6.0 metres).




This property is designated as ‘General Urban Area’ in the Official Plan, and Moodie Drive is shown as an ‘Existing Arterial’. 

The ‘General Urban Area’ designation permits the development of a full range and choice of housing types, in conjunction with conveniently located employment, retail, service, cultural, leisure, entertainment and institutional uses.


Section 3.6.1 (6) of the Official Plan indicates that "through the General Urban Area, the City will encourage the provision of a variety of small, locally-oriented convenience and service uses that complement adjacent residential land uses, and are of a size and scale consistent with the needs of nearby residential area."  As a result it has been determined that the proposed use meets the intent of the Official Plan under the ‘General Urban Area’ designation.


The proposed use under ‘CN – Commercial Neighbourhood Zone’ is considered to be compatible with the surrounding residential zones. In addition, the associated Site Plan proposes a significant landscape buffer has been provided between the adjacent residential properties and the proposed use.  A review the current traffic volume on Moodie Drive has revealed that the proposed development will not present any significant traffic volume impact on Moodie Drive.


In order to meet the parking requirements for the future use of this property, a reduction of regular parking spaces dimensions to 2.6 metres x 5.2 metres and disabled parking space dimensions to 3.6 metres x 5.2 metres has been proposed.  The proposed standard parking space dimensions is supported under the ‘Parking Space Provisions’, Section 106 (1) (a) and (b) of the draft City of Ottawa Zoning By-law.  In addition, Section (1) (b) indicates that disabled parking space dimensions must comply with the provisions of the City of Ottawa Traffic and Parking By‑law.  According to Traffic and Parking By-law No. 2003-530, ‘Parking Space Requirements’, Section 123 (a) (i) and (b) support the proposed disabled parking space dimension requirement.


In conclusion, it has been determined that the proposed zoning meets the intent of the Official Plan and staff recommend its’ approval. 




A Phase I Environmental Site Assessment was undertaken and did not identify any issues of potential environmental concern.




On November 21, 2007, prior to submitting the Zoning By-law amendment application, the applicant met with the community and Ward Councillor to discuss their Zoning and Site Plan proposals.  At this time the community raised concerns regarding the potential impact the Zoning By-law amendment proposal would have on the existing Moodie Drive traffic volumes.


Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The Ward Councillor is aware of this application and the staff recommendation.


On January 30, 2008 the Notice of Application was sent out the surrounding community.  A total of 10 responses were received from the public regarding the rezoning proposed by the applicant: including seven opposed, two in support, and one with no comment.  The following is a summary of concerns received from the public which are further detailed in Document 3:









This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.




Document 1      Location Map

Document 2      Details of Recommended Zoning

Document 3      Consultation Details




City Clerk’s Branch, Council and Committee Services to notify the owner, DFW Investments Inc., 185 Longshire Circle, Nepean, ON  K2J 4L8, applicant, Debbie Belfie, D. G. Belfie Planning & Development Consulting, 21 Pinecone Tr. Stittsville, ON K2S 1E1, 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, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.



LOCATION MAP                                                                                                  DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2


1.      Schedule B3 of Nepean By-law 100-2000 is to be amended to show that the subject lands shown as ‘Area A’ on Document 1 will be rezoned as follows:


Area A – from Commercial Office, Block 11 Zone (CO Block 11) to Commercial Neighbourhood, Block XX (CN Block XX).


2.      Clause 7:2:3 of By-law 100-2000 is to be amended by adding a new ‘special permitted uses and provisions’ sub-clause, Commercial Neighbourhood Block XX (CN Block XX), including the following:


a)      despite anything to the contrary in Clause 7:2:1 restaurants and take-out restaurant uses are not permitted.

b)      Despite anything to the contrary in Clause 7:2:2 the following provisions apply:


i)                    minimum parking space dimensions of 2.6 metres x 5.2 metres; and

ii)                   minimum handicapped parking space dimensions of 3.6 metres x 5.2 metres.


3.   Clause 7:11:3 of By-law 100-2000 is to be amended by deleting ‘special permitted uses and provisions’ sub-clause Commercial Office Block 11 (CO Block 11).



CONSULTATION DETAILS                                                                                DOCUMENT 3




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 meeting (November 21, 2007) was also held.



·        Comment:

Moodie Drive, south of Robertson Road is a high traffic road - particularly during rush hour traffic.  Cars driving north are general traveling well in excess of the posted speed limit.  Given that northbound traffic, turning into the proposed parking lot will be braking in order to turn into the site - would result in emergency braking and switching lanes in order to turn into the parking lot. 


Required:  Provisions to address the traffic issue with turning lanes or other measures to eliminate the possible traffic congestion and potential traffic accidents.


·        Response:

As per the Transportation Study prepared for the development, the proposed site is expected to generate approximately 11 trips entering and 13 trips exiting the site during the weekday peak PM hour.  The number of vehicles making the northbound right-turn into the site during the PM peak hour is two vehicles. This number would be using two accesses proposed for the site on Moodie Drive.  The number of turning vehicles does not require the construction of exclusive turn lane on Moodie Drive into the site.


·        Comment:

How will southbound traffic on Moodie Drive get into the Defalco’s store on the east side of Moodie Drive? Will there be new traffic lights at Hadley and Moodie?  Community tried to get traffic lights at Hadley Circle and Moodie Drive, but was told it was too close to Robertson Road.



Southbound traffic on Moodie Drive would be making a left-turn into the site from the southbound Moodie Drive shared left/through movement lane.  The estimated delay for each vehicle is only 8.7 seconds to make this turn using either accesses, which is considered to be a minor delay and represents a Level of Service "A".  There will not be new traffic lights at Hadley Circle and Moodie Drive, as the number of generated traffic movements is minor and does not meet the warrants for new traffic signals installation. 


·        Comment:

Will Defalco have enough parking so as to not spill onto Moodie Drive while trying to park and receiving deliveries?


·        Response:

The site has enough parking (55 parking spaces), which is in excess of the City's parking requirements.  No parking spillover onto Moodie Drive is expected to occur as a result of this development. 


·        Comment:

No objection, provided that any parking area for the proposed single-storey/commercial/retail/office building is located at the southern end of the property adjacent to the already existing parking lot, and not near to the backs of any of the homes located to the north and east of the property. Vacant lot should remain vacant due to the hydro lines above.  Also, there are many vacant business units available at this time in Bells Corners.


·        Response:

In addition to an existing cedar hedge along the eastern property, the Site Plan has proposed a landscape buffer of approximately 7.4 metres between the proposed parking lot and northern property line.  As well, in addition to an existing cedar hedge and chain link fence, a 15.5‑metre to 12.6‑metre landscape buffer has been proposed between the eastern property and the proposed building. 


·        Comment:

There is already a LCBO outlet on Richmond Road.  Why not make a municipal park out of the property - just north of the hydro line or put in a police station?


·        Response:

Defalco’s Wine Cellars Inc. is currently leasing space at 130 Robertson Road, where they offer wine making on the premises and retail supplies to make wine and beer at home.  The new store will be offering the same service to the public.


This site is currently privately owned, and therefore is being proposed for private development rather than for public purposes, such as a park or police station.


·        Comment:

The vacant lot should remain vacant due to the hydro lines above.  Also, there are many vacant business units available at this time in Bells Corners.


·        Response:

According to registered Plan 4R-22515 the existing hydro easement runs through only the south/west corner of the subject property.  As a result only a portion of the proposed parking lot and site entrance has been proposed within the hydro right-of-way.  No buildings are proposed under the hydro lines.