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4. ZONING
- 907 EAGLESON ROAD ZONAGE - 907, CHEMIN EAGLESON |
Committee recommendation
(This application is not subject
to Bill 51)
That Council approve an
amendment to the former City of Kanata Zoning By-law to change the zoning of
part of 907 Eagleson Road from R3A-3 to CG-3(H) and to amend the provisions of
the CG-3(H) zone, as shown in Document 1 and as detailed in Document 2.
Recommandation
du Comité
(Cette demande n’est
pas assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage de
l’ancienne Ville de Kanata afin de changer la désignation de zonage d’une
partie du 907, chemin Eagleson de R3A-3 à CG-3(H) et de modifier les
dispositions de la zone CG-3(H), tel qu’il est indiqué dans le Document 1 et
expliqué en détail dans le Document 2.
Documentation
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 9 January 2008 (ACS2008-PTE-PLA-0032).
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
09 January 2008/ le 09 janvier 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 : Grant Lindsay,
Manager / Gestionnaire, Development Approvals / Approbation des demandes
d'aménagement
(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the former City of Kanata Zoning By-law to change the zoning of part of 907 Eagleson Road from R3A-3 to CG-3(H) and to amend the provisions of the CG-3(H) zone, 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 afin de changer la désignation de zonage
d’une partie du 907, chemin Eagleson de R3A-3 à CG-3(H) et de modifier les
dispositions de la zone CG-3(H), tel qu’il est indiqué dans le Document 1 et
expliqué en détail dans le Document 2.
BACKGROUND
The subject site is an undeveloped parcel of land located on the east side of Eagleson Road, north of Hope Side Road and Terry Fox Drive at 907 Eagleson Road. The site has approximately 50 metres of frontage on Eagleson Road, and is approximately 8850 square metres in area.
Surrounding land uses include rural and agriculture uses to the north and south, residential uses to the east (New Englanders Subdivision) and a proposed mixed-use development (SoHo) across Eagleson Road to the west.
The homeowners in the residential development to the east (New Englanders Subdivision) were provided with a clause in their Purchase and Sales agreements stating 907 Eagleson Road was to develop with an Automobile Washing Establishment (car wash) on site. The subdivision agreement included a noise control study, requiring a noise control fence to be installed along the west property line adjacent to the subject site, in anticipation of the proposed construction of the car wash.
Existing Zoning
The northerly part of the site is zoned Residential Type 3A-Special zone (R3A-3). This zone permits the use of multiple attached dwellings and home occupations. The southerly part of the site is zoned General Commercial–Special (CG-3 (H)). This CG-3 zone with a holding (H) symbol permits an Automotive Service Centre including the retail sale of fuel and lubricants, the sale of associated convenience items serving the travelling public (not exceeding 100 square metres in gross floor area) and permits both an automatic and manual car wash. The said CG‑3(H) zone also currently permits such uses as office, retail, recreational, personal service, and restaurant establishments.
The provision to lift the holding symbol (H) from the CG-3(H) zone requires “a detailed Site Plan for the commercial development including the Automotive Service Centre will be submitted for review and approval by Council”, as stated in the Zoning By-law. The holding symbol will remain on the property until such time a detailed Site Plan is submitted for review and deemed satisfactory.
Proposed Zoning
The northerly portion of the site will be zoned from R3A-3 to CG-3 with a holding (H) symbol to provide a consistent zone to one legal land parcel. The applicant proposes to amend the entire parcel such that an Automobile Drive-through Service is added as an additional permitted use in the CG-3 (H) zone. Establishing special setbacks and landscaping requirements appropriate for the site will amend the provisions of the CG-3 (H) zone, and the limitations imposed on the size of the permitted retail convenience component will be eliminated.
The attached concept plan (Document 4) illustrates how development can conceptually adhere to the above-mentioned special provisions.
DISCUSSION
Official Plan
The Official Plan designates the lands as General Urban
Area.
The intent of the General Urban Area designation is to
permit the development of a full range of housing types in combination with
conveniently located employment, service, cultural, leisure, entertainment and
institutional uses.
Uses intended to serve wider parts of the city will be
located at the edges of neighbourhoods on roads where the needs of these land
uses (such as transit, car and truck access, and parking) can be more easily
met and impacts controlled.
Details of Proposed Zoning
The amended CG-3 (H) zone will include all uses and conditions permitted in the existing CG-3 (H) zone and will permit the following additional use: an Automobile Drive-through Service. Changes to the current zone provisions will include an increase in landscape buffer from 3.0 metres to 5.0 metres between any paved surface and lot line and a requirement for a minimum landscaped buffer of 15 metres to any residential zone. Furthermore, a 30-metre setback will be established for any new car wash locating adjacent to a residential property line.
The limitations imposed on the size of the permitted retail convenience component, to no greater than 100 square metres, will be eliminated from the revised CG-3(H) zone.
Traffic Issues
The applicant submitted a
Transportation Impact Assessment Study to examine the operation of the site’s
two access points, one onto Eagleson Road and a second onto Hope Side Road, in
support of the Zoning By-law amendment to permit an Automobile Drive-through
Service. Staff have accepted this report with the understanding that
appropriate access and egress from the site can be accommodated. Upon submission of the site plan all roadway
modifications will be determined.
Noise Issues
Automotive Washing Establishments (automatic
car washes) and an Automobile Drive-through Service are noise-generating activities that can
adversely impact adjacent residential developments. An initial noise impact study was prepared during the approval of
the adjacent residential development in anticipation of the Automotive Service
Centre and Automotive Washing Establishment and recommended the installation of
a noise barrier fence along residential property lines. Further, it is recommended that these
noise-generating activities be buffered by large setbacks and landscaping. Final details will be established through
the site plan approval process.
The detailed zoning recommendations outlined in
Document 2 demonstrate the recommendations of the above mentioned noise study
will be implemented.
Conclusions
The inclusion of the R3A-3 zone in the proposed Zoning By-law amendment is suitable considering there is one legal parcel of land governed by two zones (R3A-3 and CG-3(H)) and the configuration of the existing R3A-3 zone on the parcel is no longer developable on its own.
The addition of an Automobile
Drive-through Service is
considered appropriate due to the location of the site at the intersection of
two arterial roads and deemed compatible considering site-specific zoning
provisions will ensure adjacent residential uses are not adversely impacted by
either the permitted or proposed uses.
The elimination of the size restrictions imposed on the retail convenience use is in keeping with typical retail components of automotive gas bars and service stations, where no gross floor area restrictions are applied.
The accompanying concept plan demonstrates that
the special zoning provisions can be conceptually implemented while the
continuation of the ‘holding’ symbol will ensure details such as function and
form are addressed at the formal Site Plan submission stage.
ENVIRONMENTAL IMPLICATIONS
The requirement for the construction of a noise barrier fence and increased setbacks will ameliorate the impact of noise on adjacent residential dwelling units.
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
APPLICATION PROCESS
TIMELINE STATUS
The application was not processed by the
"On Time Decision Date" established for the processing of Zoning
By-law amendments due to the length of time required for the consultation with
the developer to discuss how the site fits into the neighbourhood. Further, as a result of the technical
circulation process, the developer was asked to provide a traffic impact
assessment of the proposed use of the site.
Subsequent revisions to the concept plan have also delayed the progress
of this application.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation Details
Document
4 Concept Plan
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner, Minto Developments Inc, #300-427 Laurier Ave,
Ottawa, ON, K1R 7Y2, applicant, Doug Smeathers, Minto Developments Inc,
#300-427 Laurier Ave, Ottawa, ON, K1R 7, 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
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DETAILS OF RECOMMENDED ZONING DOCUMENT
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The
purpose of the Zoning By-law Amendment is to amend the provisions of the CG-3
(H) zone and to change the zoning of part of 907 Eagleson Road from R3A-3 to
CG-3(H) of By-law No. 168-94.
Clause 14(3)(c) of By-law No. 168-94 is
deleted and replaced with the following:
Notwithstanding any provisions of Clauses 14(1) and (2) of this by-law
to the contrary, for the lands zoned CG-3 with a holding symbol (H) noted on
Schedule ‘A’, the following applies:
Uses Permitted:
Zone Provisions:
a) Despite the definition in subsection
2(10), an Automotive Service Centre in the CG-3 zone is amended to omit the
following phrase:
(i)
“provided the
gross floor area of the building does not exceed 100 square metres”
(b) Lot Area (minimum): 4100.0 square metres
(d) Front Yard (minimum): 12 metres
(e) Exterior Side Yard Width (minimum): 12
metres
(h) Landscape Island (minimum): 5 metres of
landscaping is required between any paved surface and a rear or side lot line.
(i) Landscape Buffer (minimum): 15-metre vegetative buffer is required
adjacent to any Residential Zone.
(j) Automobile Service Centre Fuel Pump and
Tank Setbacks (minimum): in the case of fuel pumps and fuel tanks installed
either below or above the surface, a 15
metre setback from any property line is required.
(k) Automobile Washing Establishment
Building (minimum): in the case of an Automobile Washing Establishment
building, a 30 metre setback from any Residential Zone is required.
(l) Noise Control Fence: a noise control
fence is required along any property line adjacent to a Residential Zone.
(m) Landscaping (minimum): A minimum 5-metre landscape buffer must be provided along a public street.
(n) For the lands zoned CG-3 that are subject to holding provisions denoted by the holding (H) symbol identified on Schedule A, the holding symbol may only be removed when a detailed Site Plan for the commercial development has been submitted for review and approval by the Director, Planning
CONSULTATION DETAILS DOCUMENT
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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. Supplementary notification and consultation
included:
·
The
applicant for Minto Developments Inc. attended the Bridlewood Community
Association’s monthly meeting on September 19, 2006 to present the development
application to the association.
·
Due to
the passage of time and variations made on the original application, Councillor
Feltmate and the Bridlewood Community Association were re-circulated an update
to the subject application on December 7, 2007.
PUBLIC COMMENTS AND RESPONSE
1. There are concerns about the sound from the order unit of the drive-through.
Response: Special provisions have been included in the zoning to provide for a 15-metre landscaped setback from the drive through lane to the abutting residential property line. Noise attenuation fencing along the residential property line will aid in the mitigation of noise.
2. Can the car wash be built beside the houses rather than the store and drive-through which will have much longer hours.
Response: The attached concept plan is intended to demonstrate how special provisions and setbacks can be implemented, such as the required setbacks for the car wash and drive-through queuing lane from residential property boundaries. Exact site layout will be determined at the Site Plan Control stage.
3. Are there noise studies that can give some guidance about placement of the car wash versus fast food drive through near the houses?
Response: The intrusive noise from a car wash happens when the exit door opens and the dryer is operating, creating a considerable level of noise. It is recommended that the exit door face the road. Generally, order boxes and pick up windows are considered less intrusive as the noise dissipates quickly from these sources.
4. Can we see what exactly is in the purchase agreement as notice for the new homeowners?
Response: Below are the relevant portions from Minto's EMERALD MEADOWS Purchase and Sales Agreement.
SCHEDULE
"C"
· I/We acknowledge and consent to sign a deed containing the following covenants and hereby agree that all subsequent transfers shall contain the same covenants:
· That all noise attenuation fencing, landscaping and berming as required to implement the approved noise studies, shall be to the satisfaction of the City and in accordance with the City’s Street Landscape Guidelines. The provision for fencing required as a result of this condition may supersede other fencing conditions applying to this subdivision.
· That the Purchaser acknowledges that they have been advised that the lands located immediately to the west of the site (NorthEast corner of Eagleson Road and future Hope Side Road) are currently zoned Commercial General. The Commercial General zoning designation contains an exception to the zoning by-law allowing an automotive service center, and/or a car wash and/or a drive-through window as a permitted use.
· That the Condominium Corporation will maintain some fences, if applicable, including any sound attenuation fences, as constructed by Minto Developments Inc. on his property to the satisfaction of the City of Ottawa. The Purchaser agrees to include this clause in any further Purchase and Sale Agreements and Deeds.
· The Purchasers of TH’s 2C, 2D, 3A to 3E, 9B to 9G, 13A, 16A to 16D, 18A to 18E, 19A to 19G and 20B to 20F are advised that despite the inclusion of noise control features in this development and within the building units, noise levels due to increasing traffic on Eagleson Road and Hope Side Road/Terry Fox Drive may continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Municipality’s and the Ministry of the Environment and Energy noise criteria and that additional attenuation measures are not proposed. Moreover, these dwelling units have been fitted with a forced air duct heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupant. If desired by the owner to install central air conditioning, the outdoor unit must be located in a noise insensitive location, in conformity with the zoning by-laws of the local municipality. The final installation shall meet the Ministry of the Environment and Energy criteria for the installation of Residential Air Conditioning Devices in Publication NPC-216. The above clause shall be included in all subsequent Agreements of Purchase and Sale and Deeds conveying the lands described herein, which covenant shall run with the said lands and is for the benefit of the subsequent owners of the said lands and the owner of the adjacent road.
· The Purchasers of TH’s 1C to 1E, 2A to 2B, 10A to 10D, 12C, 16E to 16F, 17A to 17D, 18A to 18B, 19A to 19B, 20A, 21A to 21B, 22A to 22B, 23A to 23G, 24A to 24G, 25A to 25G are advised that despite the inclusion of noise control features in this development and within the building units, noise levels due to increasing traffic on Eagleson Road and Hope Side Road/Terry Fox Drive will continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Municipality’s and the Ministry of the Environment and Energy noise criteria and that additional attenuation measures are not proposed. Moreover, these dwelling units have been fitted with a forced air duct heating system suitably sized and designed to permit the future installation of a central air conditioning system by the occupant. If desired by the owner to install central air conditioning, the outdoor unit must be located in a noise insensitive location, in conformity with the zoning by-laws of the local municipality. The final installation shall meet the Ministry of the Environment and Energy criteria for the installation of Residential Air Conditioning Devices in Publication NPC-216. The above clause shall be included in all subsequent Agreements of Purchase and Sale and Deeds conveying the lands described herein, which covenant shall run with the said lands and is for the benefit of the subsequent owners of the said lands and the owner of the adjacent road.
· The Purchasers of TH’s 1A to 1B, 11A to 11B, 12A to 12B, 16G and 20A to 20B on Plan 4M-_______ are advised that despite the inclusion of noise control features in this development and within the building units, noise levels due to increasing traffic on Eagleson Road and Hope Side Road/Terry Fox Drive will continue to be of concern, occasionally interfering with some activities of the dwelling occupants as the noise level exceeds the Municipality’s and the Ministry of the Environment and Energy noise criteria and that additional attenuation measures are not proposed. In order to achieve a suitable indoor noise environment, windows may have to remain closed, therefore this dwelling unit has been equipped with a central air conditioning system. The outdoor units must be located in a noise insensitive location, in conformity with the zoning by-laws of the local municipality. The final installation shall meet the Ministry of Environment and Energy criteria for the installation of Residential Air Conditioning Devices in Publication NPC-216. The above clause shall be included in all subsequent Agreements of Purchase and Sale and Deeds conveying the lands described herein, which covenant shall run with the said lands and is for the benefit of the subsequent owners of the said lands and the owner of the adjacent road.
· The Purchaser acknowledges that there will be a 2.40m noise barrier installed on a berm along the north side of Hope Side Road and a 1.52m noise barrier installed on a berm along the west side of the subdivision.
5. What is the city's obligation for notifying potential homeowners who have not yet moved in?
Response: It is the responsibility of the prospective homeowners to investigate the property they intend to purchase.
6. Can we ensure through the Zoning By-law amendment there will be a minimum 12-metre setback for the car wash and or drive through from the homeowners’ property?
Response: Setbacks will be established as follows; drive-through-queuing lane (15-metre landscaped buffer), and car wash (30 metres) to adjacent residential property lines. In addition the gasoline pumps will have a 5.0-metre setback to any property line.
7. Can we ensure that the use is not fast food with an eating area but simply a drive-through?
Response: The current zoning provisions allow for a “restaurant” use, which is defined as “a building used primarily for the preparation and offering of food for sale to the general public, for consumption solely within the building, and may be licensed under the Liquor Licence Act”. Therefore, the property currently already permits an eat-in restaurant, and no changes to this are being proposed.
8. Is there enough stacking for both the drive-through and the car wash?
Response: This type of information will be incorporated into the site plan at the site plan control application stage. Furthermore, by maintaining the holding symbol on the CG-3(H) zone, it ensures details such as queuing lengths can be addressed on the site plan.
9. Is this use allowed on an arterial main street? It is my understanding that Eagleson Road is an arterial main street.
Response: The Arterial Main Street Design Guidelines are applicable on the west side of Eagleson Road and the subject site is located on the east side of Eagleson Road. The proposal is permitted in both the General Urban Area and Arterial Main Street designations.
COUNCILLOR’S COMMENTS
The Councillor expressed concern over the location of the drive-through window and order box as shown on the concept plan, and has provided her written objection to this Zoning By-law proposal. Further comments include:
1. As the Bridlewood Community Association (BCA) suggests there have been problems with drive-through services adjacent to residential areas elsewhere in the community. The full impact is not always clear to people until they move in, or until the drive-through is completed. The waiver may provide legal protection for Minto or the City, but if people are not fully aware of the problems until they are actually living next to a drive-through, the planning process is still failing them.
2. Specific to this site there are concerns about issues like the length of the stacking for the drive-through, which may spill out onto Hope Side Road causing traffic problems. While the location of the stacking area may be a site plan issue, if there is not enough space for it to be accommodated, then it is a zoning issue.
3. The stacking lanes are adjacent to the homeowners and with the prevailing winds from the west it means that the exhaust will be blowing into those backyards, causing an unhealthy environment for people, especially children and seniors. If staff are supporting the drive-through, the setback for the location of the drive-through lane where the cars will be idling appears to be 10 metres from the residential area. To deal with concerns about exhaust is there any way to widen this buffer?
4. The rear yard depth is a minimum of 7.5 metres, but there is a minimum of 5 metres of landscaping required between any paved surface and a rear or side lot line. Does this include the area with the 15 parking spaces and the extremely small buffer between the land to the north of the development?
5. From past experience leaving issues to the site plan stage means we are making the best of a bad job, instead of fixing problems. Is there any way at this point that we can request that the site plan be tied to this re-zoning?
RESPONSE TO COUNCILLOR'S COMMENTS
1. Informing homebuyers through their Purchase and Sale Agreement is considered an effective method in keeping purchasers informed on adjacent future uses. In addition to this information, land use information is also available within the City’s Zoning By-law.
2. A traffic study was provided at the request of the City, this traffic study was deemed adequate for the purposes of zoning as the development can be accommodated by the implementation of some roadway modifications. At the Site Plan Control stage the application must demonstrate drive-through lanes can accommodate anticipated queue lengths, and ensure these queuing lanes do not hinder traffic movements on Hope Side Road or Eagleson Road.
3. The zoning provisions include a 15-metre landscaped buffer between the queuing lane and the residential properties. This buffer was increased from 10 metres at the Councillor's request for a larger buffer. These buffers are significantly greater than most buffers for existing drive-through windows and order centres.
4. The rear yard depth is a minimum of 7.5 metres, and there is a minimum of 5.0 metres of landscaping required between any paved surface and a rear or side lot line, including parking areas. There is currently no development adjacent to the rear lot line, north of the subject property.
5. The zone provisions that are proposed are explicitly designed to ensure that the site is developed with adequate buffers and sensitivity to adjacent residential development. Furthermore, a holding symbol on the current zoning (CG-3(H)) requires a detailed site plan for the commercial development to be submitted for review and approval by the Director, Planning.
COMMUNITY ORGANIZATION COMMENTS
The Bridlewood Community Association (BCA) strongly opposes the addition of the drive-through use, for the following reasons:
1. Local history with similar drive-through configurations has convinced us that no matter what buffer is being proposed, it will be inadequate. Residents abutting the property line will not be able to enjoy their backyards to the fullest extent, day or night, due to pervasive car noise, air pollution, take out window conversations, etc.
2. Notwithstanding that potential Minto buyers were “required” to sign a waiver to not oppose the additional uses (ie. if they did not sign, Minto would not sell the property), the BCA takes a total community perspective, and from a total community perspective the drive-through use is perceived as intrusive.
3. Similarly, from a total community perspective the BCA would not be opposed to drive-in restaurants being located on the west side of Eagleson Rd, which is currently zoned industrial/ commercial. We hope that the City of Ottawa Planning Department support principles of “highest and best order of use” for properties. It is the opinion of the BCA that adding a drive-through restaurant use to the 907 Eagleson Road property does not support that planning principle.
4. It is fully expected that packaged and prepared food will be readily available via the convenience store use, which is already allowed on the property. The only issue is, do people park their cars to get the food/drinks, or can they have the option of also using a drive-through lane for buying selected items. As the primary purpose of the development is to provide a large gasoline station and car wash, it is the BCA position that since customers will be visiting the store the pay for their gas/wash, they can also easily buy their food/drinks at the same time, and a drive-through lane is not required.
5. The car wash building cannot be located any closer than 30 metres to any residential property line. We believe the current Minto site plan shown at our September 19 meeting would easily meet the above condition for the car wash, however, as proposed site plans can change from week to week, we the community would like to have some assurances that this use can not be near residential units.
RESPONSE
The subject site is appropriately
located at the
intersection of two arterial roads for a use such as a gas station with a
drive-through that will serve the developing area.
The proposed zoning details require a 30-metre setback for a car wash facility to any residential zone, as requested by the Bridlewood Community Association. Furthermore, to address potential for adverse impacts on rear yards of residential units, a 15-metre landscaped buffer will be established adjacent to any residential zone, substantially distancing either the drive-through or any other use permitted in the CG-3(H) zone from existing rear yards.
The current zoning permits a variety of commercial uses other than an Automotive Service Centre. Therefore, the purpose of the drive-through lane is to function as an accessory use with a potential restaurant use on site. At this stage in development the site can be constructed with any of these following uses:
an automotive
service centre
a business office;
a clinic;
a custom workshop;
a day nursery;
a dry cleaning outlet;
a financial office;
a laundromat;
a personal service shop;
a photographer's shop;
a professional office;
a public use;
a recreational establishment;
a restaurant;
a retail store;
a take-out restaurant;
a shopping centre consisting of any of the above permitted uses.
CONCEPT PLAN DOCUMENT
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