3. ZONING - 34 EDGEWATER STREET

ZONAGE - 34, RUE EDGEWATER

Committee recommendations as amended

(This application is subject to Bill 51)

1. That Council approve an amendment to the former City of Kanata Zoning By-law to change the zoning of 34 Edgewater Street from Special Industrial Zone One, (M2-1) to Special Industrial Zone X (M2-X), as shown in Document 1 and as detailed in Document 2;

2. Prior to the enactment of the by-law by Council the owner shall provide written confirmation to the Director of the Planning Branch to undertake the planting of 7 coniferous trees at the rear of the subject property.

RecommandationS modifiÉes du Comité

(Cette demande est assujettie au Règlement 51)

1. Que le Conseil approuve une modification au règlement de zonage de l’ancienne Ville de Kanata visant à faire passer la désignation de zonage de la propriété située au 34, rue Edgewater, de « Zone industrielle spéciale Un » (M2-1) à « Zone industrielle spéciale X » (M2-X), comme l’illustre le document 1 et le précise le document 2 ;

2. Cependant, avant l’adoption du règlement par le Conseil, le propriétaire devra envoyer au directeur de la Direction de l’urbanisme une confirmation écrite que sept (7) arbres résineux seront plantés à l’arrière de la propriété.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated 3 December 2007 (ACS2007-PTE-APR-0206).

2. Extract of Draft Minutes, 18 December 2007.

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

03 December 2007 / le 03 décembre 2007

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 : Grant Lindsay, Manager / Gestionnaire, Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca

Kanata South (23)

Ref N°: ACS2007-PTE-APR-0206

SUBJECT:	ZONING - 34 EDGEWATER STREET (FILE NO. D02-02-07-0089)

OBJET :	Zonage - 34, RUE edgewater

REPORT RECOMMENDATION

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata Zoning By-law to change the zoning of 34 Edgewater Street from Special Industrial Zone One, (M2-1) to Special Industrial Zone X (M2-X), as shown in Document 1 and as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de recommande au Conseil d’approuver une modification au règlement de zonage de l’ancienne Ville de Kanata visant à faire passer la désignation de zonage de la propriété située au 34, rue Edgewater, de « Zone industrielle spéciale Un » (M2-1) à « Zone industrielle spéciale X » (M2-X), comme l’illustre le document 1 et le précise le document 2.

BACKGROUND

The subject property is located at 34 Edgewater Street in the “Hazeldean Industrial Park”, located north and east of the corner of Hazeldean Road and Terry Fox Drive in the former City of Kanata.

The total area of the subject lands is approximately 0.4 hectares with approximately 30 metres of frontage on Edgewater Street. The site contains two automobile repair shops within one building.

The building owners operate one of the two businesses known as RJ Motors Inc., the other business is known as G & I Automotive. The building consists of a main office at the front of the building and 12 automobile service bays. 42 parking spaces are provided on site, which meets the current Zoning By-law requirements.

To the east of the subject site is the residential community of Katimavik/Hazeldean. The abutting residential properties located on McCurdy Drive are zoned R2A (Residential Type 2A) in Zoning By-law 168-93. There is a significant grade change and tree cover between the properties located on McCurdy Drive and the subject property. The surrounding properties located on Edgewater Street contain a variety of specialty industrial uses, including numerous automotive related businesses.

The zoning for the subject property was created by site-specific Zoning By-law 97-95. The Zoning By‑law amendment established uses that permitted the construction of the building located on the subject property. The subject property was granted site plan approval by the former City of Kanata and the building was constructed in 2001.

The subject property was granted a minor variance by the Committee of Adjustment of the former City of Kanata on March 4, 1996. The minor variance permitted a reduction in the minimum frontage for both 34 and 36 Edgewater Street.

Details of Requested Zoning By-law Amendment Proposal:

The applicant is requesting a Zoning By-law amendment to permit “Automotive General Repair Garage” as an additional use and to amend the minimum frontage requirement to 30 metres for the property located at 34 Edgewater Street.

Purpose of Zoning Amendment

The intent of the building owners is to expand their business to provide all types of automotive repair services. Under Zoning By-law 2002-56, this use is defined as “Automotive General Repair Garage”. The building owners also intend to display a limited number of used vehicles for sale on the subject property. The definition of “Automotive General Repair Garage” is:

“any building or structure or part thereof where only repairs essential to the actual operation of licensed motor vehicles may be performed, and where grease, anti-freeze, tires, spark-plugs and other automobile supplies may also be sold incidentally, and where motor vehicles may also be oiled or greased but where no other activities of an automotive body repair centre are performed. Up to six used automobiles may be displayed and sold from the premises.”

The subject site has a frontage of 30 metres, measured at the required front yard setback of 7.5 metres. The zoning by-law for this property requires a minimum frontage of 58 metres. At the time that this property was severed from the adjacent property, a minor variance was granted for a reduction of the required frontage.

In the interest of clarity, the applicant is also requesting that the required minimum frontage be reduced to 30 metres to reflect the previously approved minor variance. The amendment will clarify the proper frontage requirement for this property in subsequent zoning by-laws.

Existing Zoning

The property is currently zoned Special Industrial Zone One (M2-1) under Zoning By law 2002‑56 which allows for the operation of specialized industrial uses. The two businesses currently operating on the property are considered “Automotive Specialty Repair and Service Centre”, a permitted use in the zoning for the subject site. “Automotive Specialty Repair and Service” allows for specialised maintenance or repair service for licensed motor vehicles primarily limited to one aspect of automotive repair, and the sale of the required components. The other permitted uses included in the M2-1 Zone include:

· Display and sales of pre-engineered homes

· Automotive Specialty Repair and Service Centre

· Automotive Parts and Accessorty Store

· Automotive Mall

The main permitted uses in the parent M2 zone include:

· Public Utilities

· Bank

· Eating Establishment

· Gasoline Service Station

· Office, Professional, Public or Business

· Medical or Dental Clinic

· Any industrial use except for:

o Any industrial and/or manufacturing business or occupation not defined as offensive in the Public Health Act, R.S.O. 1980;

o Refining, smelting or procession of the raw materials or forest products, ore mineral products, oil and asphalt deposits;

o Any automobile or truck wrecking yard;

o Any junk or salvage yard;

o Any exhibitions of racing whether by horses or dogs, motorcars, motorcycles or otherwise;

o Any tourist or trailer camp.

Proposed Zoning

The applicant is proposing to change the zoning of 34 Edgewater Street from Special Industrial Zone One, (M2-1) to Special Industrial Zone X (M2-X) as detailed in Document 2. Special Industrial Zone X (M2-X) will include “Automotive General Repair Garage” as a permitted use, in addition to all of the current uses permitted in the M2-1 Zone.

The proposed M2-X zone will also have a reduced minimum lot frontage requirement. The current M2-1 Zone requires a minimum lot frontage of 58 metres, whereas the proposed M2-X Zone will have a required minimum lot frontage of 30 metres. This amendment is requested in order to reflect a previously approved minor variance for a minimum lot frontage of 30 metres.

In summary, the proposal for the subject property requests amendments to two provisions in the zoning by-law as follows:

· That “Automotive General Repair Garage” be added as a permitted use; and

· That the existing 30.0 metre lot frontage on Edgewater Street be recognized as the minimum permitted frontage for the M2-X zone.

DISCUSSION

The subject site is designated as ‘General Urban Area’ in the Official Plan. The General Urban Area designation permits all types and densities of housing, as well as employment, shopping, service, industrial, cultural, leisure, park and natural areas, entertainment and institutional uses. The proposed Zoning amendment meets the general intent of Section 3.6.1 ‘General Urban Area’ of the Official Plan, which allows for a variety of uses including industrial.

The proposed Zoning amendment meets the intent of the former City of Kanata Zoning By‑law 2002-56 “Hazeldean Industrial Park”, which allows for a variety of uses including automotive repair. There are a number of automotive repair service centres that currently operate in the Hazeldean Industrial Park, some of which provide general automotive services. Since there is no opportunity to expand the size of the building and service bays without Site Plan approval, the practical difference between “Automotive Specialty Repair and Service Centre” and “Automotive General Repair Garage” is that the business will offer a wider range of automotive services. The nature of the business will not change and there is no proposed expansion of the buildings or structures on site.

The proposed revision to the minimum lot frontage also meets the intent of the Zoning By-law as previously determined by the former City of Kanata Committee of Adjustment. The requested reduction from 58 metres to 30 metres is intended to clarify the proper frontage requirement for this property in subsequent zoning by-laws.

In summary, the proposed zoning meets the intent of the Official Plan and former City of Kanata Zoning By-law 2002-56. The proposed additional ‘Automotive General Repair Garage’ use is considered compatible with surrounding industrial zones and there are no anticipated changes in the nature of the business, or increase in noise levels due to the inability to increase the building size without Site Plan approval. A sufficient vegetated and elevated buffer is also provided between the residential properties abutting the rear of the subject site. Due to compatibility of the proposed use with existing uses and the provision of a significant buffer from the adjacent residential properties the amendment is supported. The amendment to the minimum frontage requirement is also supported, as it reflects the previous City of Kanata Committee of Adjustment decision to allow for a reduced frontage.

CONSULTATION

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.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

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

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, 1686792 Ontario Inc., 34 Edgewater Street, Ottawa, ON. K2L 1V7, applicant, Soloway Wright LLP. Attn: Ursula Melinz, 427 Laurier Ave. W., Ottawa, ON. K1R 7Y2, 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, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

Legal Services Branch to forward the implementing by-law to City Council.

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

1. Schedule A of By-law 2002-56 is to be amended to show that the subject lands shown on Document 1 will be rezoned as follows:

Area A - from Special Industrial Zone One (M2-1) to Special Industrial Zone X (M2-X)

2. A new special industrial use zone (M2-X) be added to subsection 6.4 including the following special provisions:

(a) M2-X

(i) Notwithstanding the permitted uses in Section 6.1 (a) to 6.1 (d) to the contrary, the lands designated M2-X on Schedule “A” may also be used for:

(a) Display and sales of pre-engineered homes

(b) Automotive Specialty Repair and Service Centre

(d) Automotive Mall

(e) Automotive General Repair Garage

(ii) Despite any provisions of subsection 6.2 to the contrary, the following development standards apply to the uses; Automotive Specialty Repair and Service Centre, Automotive Parts and Accessories Store, Automotive Mall and Automotive General Repair Garage:

(a) Overnight outdoor storage of automotive parts and accessories or components is prohibited;

(b) Derelict motor vehicles cannot not be parked, stored or salvaged on the property;

(i) Automotive Specialty Repair 2 parking spaces

and Service Centre per service bay,

plus 1 space for

each employee.

(ii) Automotive Parts and 1 parking space

Accessories Store for every 40 m² GFA.

A minimum of 5 parking spaces to be provided.

(iii) Automotive Mall The total of the

parking spaces

required for (i) and (ii) above.

(iv) Automotive General (a) 2 spaces for every

Repair Garage service bay plus 1 space for each employee.

(b) where combined with used automotive

sales as per clause (a), plus 1 space for every used vehicle up to a maximum of 6 spaces.

(d) Minimum Lot area 0.4 hectares

(e) Minimum Lot frontage 30 metres

(f) A strip of landscaped open space with a minimum of 1.5 metres must be

provided between any parking space or paved area and any side or rear

lot 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. The application was also discussed at a Katimavik-Hazeldean Community Association meeting on November 5, 2007.

PUBLIC COMMENTS

Comment – Concerned with new use generating additional noise.

Response – The difference between an “Automotive Specialty Repair and Service Garage” and an “Automotive General Repair Garage” is simply the types of services the repair garage can provide. Noise generated from air compressors and specialized automobile repair equipment is typical of all automobile repair businesses. The practical difference between the types of automobile repair work is minimal, given that the nature of the use will not change. As there is no opportunity to expand the size of the building and service bays, additional noise would not be generated by the proposed use.

There is mitigation from the noise affects as a result of the elevation of the residences in relation to the subject property. The homes on the adjacent properties are roughly 13 metres (42 feet) higher than the parking lot on the subject site.

Additional regulatory noise control is provided by way of the City of Ottawa Noise Control By-law (By-law No. 2004-253). The Noise By-law restricts the times that businesses can generate noise between 7:00 AM and 9:00 PM during the week and between 9:00 AM and 9:00 PM on weekends.

Comment – Concerned that proposed use will generate additional fumes.

Response – No increase in the levels of exhaust fumes is expected from the additional permitted use. The size of the operation is not expanding; therefore there is not an expected increase in the volume of cars being repaired on site.

Comment – Concern regarding sale of used cars.

Response – The sale of cars is restricted to a maximum ofsix used cars on site at one time. No alterations to the site are proposed, and the sale of cars on site is not expected to generate any additional noise. If the owner wished to focus on car sales in the future, a re-zoning would be required to include ‘Automotive Sales and Rental Centre’ as a permitted use. The owner is not proposing this use, and is hoping to sell up to six cars at a time, in conjunction with their automotive repair business.

Comment – Concern regarding the amount of parking on site

Response – The M2 and M2-1 Zone contain specific parking requirements for the Automotive Specialty Repair and Service Station and for Automotive General Repair Garage. The parking calculation is based on two spaces per service by plus 1 space per employee, and an additional one space for every used vehicle up to a maximum of six spaces. Based on these rates, there is a requirement of 24 parking spaces for the 12 service bays. In addition, the total number of employees as indicated on the previous Site Plan approval is 12. The service bays, used car display spaces and the number of employees combined require a minimum of 42 parking spaces. The site currently provides a total of 42 parking spaces.

Comment –Concern that the inclusion of this type of use could open the door to other such operations.

Similar automotive related uses are already found throughout the Hazeldean Industrial Park. The following is a list of properties in the surrounding area which include automotive uses. The name, address and type of use are included in the list:

44 Edgewater Street – ESSO/Mr. Lube – Automobile Service Station, Automobile Washing, and an Automotive Specialty Repair and Service Centre.

38 Edgewater Street – Budget Car Rental – Automobile Sales/Rental Centre

36 Edgewater Street – Gary’s Automotive & Mister Transmission – Automotive Specialty Repair and Service Centre

25 Edgewater Street – Deals 4 Wheels/Pearl Auto Care/Suds – Automotive Specialty Repair and Service Centre, Automotive General Repair Garage, Automotive Parts and Accessory Store, Automotive Body Repair Centre, Automotive Sales and Rental Centre, Automotive Mall, and Automobile Washing Establishment.

33 Edgewater Street – Allard’s Collision Centres – Automotive Body Repair Centre

37 Edgewater Street – AAAKav Tech Automotive – Automotive General Repair Garage and Automotive Specialty Repair and Service Centre.

41 Edgewater Street – Suny’s Gas Bar – Automobile Service Station.

Based on the number of sites, which allow for and contain automotive uses, staff feel that the addition of Automotive General Repair as an additional permitted use to the subject property is appropriate. Due to the existing types of uses already established in the Industrial Park, staff do not anticipate an increased number of Automotive related businesses.

COUNCILLOR’S COMMENTS

The Councillor has been made aware of all resident concerns, and has provided no specific comments related to the proposed additional use.

COMMUNITY ORGANIZATION COMMENTS

The Katimavik/Hazeldean Community Association did not provide any written comments. The community association did provide the concerns raised at the Community Association meeting held on November 5, 2007 to staff. These comments and concerns have been included with the aforementioned Public Comments.