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6. DEVELOPMENT
OF A SHOPPER’S DRUG MART/DOCTORS OFFICE COMPLEX AT 5230 MITCH OWENS RD AMÉNAGEMENT
D’UN COMPLEXE COMPRENANT UNE PHARMACIE SHOPPER’S DRUG
MART ET UNE CLINIQUE MÉDICALE AU 5230, CHEMIN MITCH-OWENS |
COMMITTEE RECOMMENDATION
That the Agriculture
and Rural Affairs Committee recommend to Council that the City of Ottawa
consent to an order deleting the following conditions on the basis that the
Owner provides a letter agreeing that such is without prejudice to the City
seeking to impose similar conditions on a subsequent development application.
These are the conditions that the City
should not defend:
a.
Condition 1,
which in effect, requires the granting of road widenings from the Gas Bar
property to the City of Ottawa;
b.
Condition 2,
which in effect, requires the granting of a corner sight triangle from the Gas
bar property to the city of Ottawa;
c.
Condition 3,
requiring the removal or relocation of underground storage tanks from the land
conveyed for the road widening and sight triangle;
d.
Condition 4,
requiring an agreement between the Owner of the Gas Bar lands and the City of
Ottawa, with respect to Condition 3;
e.
Condition 5,
requiring the Owner of the Gas Bar lands to post security with the City of
Ottawa respecting the performance of Conditions 3 and 4;
f.
Condition 6,
which in effect, requires a Phase 2 Environmental Site Assessment on the Gas
Bar property and the Crossroads property; and,
g.
Condition 7,
which requires the Owner of the Gas Bar property to add the City as an
additional insured on the Crossroads property.
RECOMMANDATION DU
COMITÉ
Que le Comité de l’agriculture et
des affaires rurales recommande au Conseil que la Ville d’Ottawa accepte de
rendre une ordonnance annulant les conditions qui suivent à condition que le
propriétaire fournisse une lettre dans laquelle il convient que cette décision
n’empêchera pas la Ville d’imposer des conditions similaires en cas de demande
d’aménagement ultérieure.
Voici les conditions que la Ville n’imposera pas :
a.
Condition 1, qui, en
l’occurrence, exigerait du propriétaire de la station d’essence qu’il cède une
partie de son terrain à la Ville d’Ottawa à des fins d’élargissement de la voie
publique;
b.
Condition 2, qui, en
l’occurrence, exigerait du propriétaire de la station d’essence qu’il cède un
triangle de visibilité à la Ville d’Ottawa;
c.
Condition 3, qui exigerait le
retrait ou le déplacement des réservoirs souterrains des terres cédées pour
l’élargissement des routes et le triangle de visibilité;
d.
Condition 4, qui exigerait une
entente entre le propriétaire du terrain de la station d’essence et la Ville
d’Ottawa relativement à l’exécution de la condition 3;
e.
Condition 5, qui exigerait que
le propriétaire du terrain de la station d’essence verse une garantie à la
Ville d’Ottawa relativement à l’exécution des conditions 3 et 4;
f.
Condition 6, qui, en
l’occurrence, exigerait une deuxième phase d’évaluation environnementale de
site sur le terrain de la station d’essence et du restaurant Crossroads;
g.
Condition 7, qui exigerait que
le propriétaire du terrain de la station d’essence ajoute la Ville comme assuré
supplémentaire sur la propriété du Crossroads.
Documentation
1. Councillor Thompson’s report, Osgoode Ward, dated 28 January 2011 (ACS2011-CMR-ARA-0001).
2. Extract of Draft Minutes, Agriculture and Rural Affairs Committee meeting of
27 January 2011.
Agriculture and Rural
Affairs Committee
Comité de l'agriculture et des affaires rurales
and Council / et au
Conseil
28 January 2011 / le 28 janvier 2011
Submitted by/Soumis par : Quartier Osgoode
Ward
Councillor / Conseiller Doug Thompson
Contact Person / Personne ressource : Doug
Thompson, Councillor
Quartier Osgoode
Ward
(613) 580-2490,
Doug.Thompson@ottawa.ca
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Ref N°: ACS2011-CMR-ARA-0001 |
That the Agriculture and Rural
Affairs Committee recommend to Council that the City of Ottawa consent to an
order deleting the following conditions on the basis that the Owner provides a
letter agreeing that such is without prejudice to the City seeking to impose
similar conditions on a subsequent development application.
These are the conditions that the City
should not defend:
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil que la Ville d’Ottawa accepte de rendre une
ordonnance annulant les conditions qui suivent à condition que le propriétaire
fournisse une lettre dans laquelle il convient que cette décision n’empêchera
pas la Ville d’imposer des conditions similaires en cas de demande
d’aménagement ultérieure.
Voici les conditions que la Ville n’imposera pas :
At the 27 January 2011 meeting of the Agriculture and Rural Affairs Committee, the Committee approved the following motion:
BE IT RESOLVED that the following item be added to the agenda pursuant
to the Procedure By-law, subsection 84(3):
WHEREAS
Peter Drummond and Son Ltd and Shoppers Drug Mart Ltd. have entered into an
agreement for the development of a Shopper’s Drug Mart/Doctors Office complex
at 5230 Mitch Owens Rd, and
WHEREAS the
committee of Adjustment decision of October 6th, 2010 has put the
entire project in jeopardy, and
THEREFORE BE IT RESOLVED
that Agriculture and Rural Affairs Committee recommend to Council that the City of Ottawa consent to an
order deleting the following conditions on the basis that the Owner provides a
letter agreeing that such is without prejudice to the City seeking to impose
similar conditions on a subsequent development application.
These are the conditions that the City
should not defend:
N/A
Based on the supporting documentation there appears to be a risk, should the recommendation be approved, that the City would incur additional costs and responsibility for an environmental cleanup of the road widening. No dollar value estimates have been provided related to this risk at this time.
Staff to take appropriate action as directed by Council.
DEVELOPMENT OF A SHOPPER’S DRUG MART/DOCTORS
OFFICE COMPLEX AT 5230 MITCH OWENS RD
AMÉNAGEMENT D’UN COMPLEXE COMPRENANT UNE PHARMACIE
SHOPPER’S DRUG MART ET UNE CLINIQUE MÉDICALE AU 5230, CHEMIN MITCH-OWENS
ACS2011-CMR-ARA-0001 OSGOODE (20)
Vice-Chair Blais presided as Chair while Councillor Thompson introduced the following motion:
BE
IT RESOLVED that the following item be added to the agenda pursuant to the
Procedure By-law, subsection 84(3):
WHEREAS
Peter Drummond and Son Ltd and Shoppers Drug Mart Ltd. have entered into an
agreement for the development of a Shoppers Drug Mart/Doctors Office complex at
5230 Mitch Owens Rd, and
WHEREAS
the committee of Adjustment decision of October 6th, 2010 has put
the entire project in jeopardy, and
THEREFORE
BE IT RESOLVED that Agriculture and Rural Affairs Committee recommend to Council that the City of Ottawa consent to an
order deleting the following conditions on the basis that the Owner provides a
letter agreeing that such is without prejudice to the City seeking to impose
similar conditions on a subsequent development application.
These are
the conditions that the City should not defend:
a.
Condition 1,
which in effect, requires the granting of road widenings from the Gas Bar
property to the City of Ottawa;
b.
Condition 2,
which in effect, requires the granting of a corner sight triangle from the Gas
bar property to the city of Ottawa;
c.
Condition 3,
requiring the removal or relocation of underground storage tanks from the land
conveyed for the road widening and sight triangle;
d.
Condition 4,
requiring an agreement between the Owner of the Gas Bar lands and the City of
Ottawa, with respect to Condition 3;
e.
Condition 5,
requiring the Owner of the Gas Bar lands to post security with the City of
Ottawa respecting the performance of Conditions 3 and 4;
f.
Condition 6,
which in effect, requires a Phase 2 Environmental Site Assessment on the Gas
Bar property and the Crossroads property; and,
g.
Condition 7,
which requires the Owner of the Gas Bar property to add the City as an
additional insured on the Crossroads property.
Councillor Thompson explained that Shoppers Drug Mart and the Drummond family have been working on the project for a number of months at the corner of Mitch Owens Road and River Road. For background purposes, he noted that the Drummond family run a gas bar at this location. A building that housed a restaurant has been dormant for a number of years is also located on this property. The basis of the agreement specified that the Drummond family would maintain the gas bar facility and they would lease part of the land to Shoppers Drug Mart Ltd. There were constraints because of the size of the property and that a stream was located nearby.
Representatives from Shoppers presented a drawing of the proposed building to staff but were advised that it would not work with the constraints that were given. Subsequently, a meeting took place with all parties and they were able to reconfigure the building and the location but a severance would be required of a small parcel of land in order to approve the project. The land that is proposed to be severed is less than the road widening and the site line that would be required by the City.
The Councillor explained that this issue was before Committee of Adjustment, where he spoke on behalf of the Drummonds and Shoppers Drug Mart but it was to no avail. Respectfully, he felt that in this particular case, there may have been a small error in the ruling, which is the reason he brought this to ARAC. He realized the importance of protecting the City and its integrity and indicated that if he felt the deletion of these conditions would jeopardize the municipality, he would not have brought it forward but he researched this at great length and concluded that the deletion of these conditions would resolve the issue and assist in moving this project forward.
Derrick Moodie, Manager, Development Review (Rural) explained that staff are supportive of seeing a redevelopment of the site in question as it is an important corner to the rural parts of the City. He agreed with the Councillor that staff worked diligently with the applicant in finding a solution that respected the Official Plan (OP) policies and still make a viable development for the site (he noted that this would require an application on the gas bar portion of the property and clarified that there are two individual properties owned by two individuals).
Mr. Moodie further explained that the standard implementation of policies would require transferring the road widening prior to the stamping the deeds in order for the severance to happen. There are also a couple of fuel tanks that sit inside the road widening as well as an encumbrance with the sign for the site. Staff attempted to work with the applicant to find a reasonable solution that would enable the fuel tanks to remain in the ground until the end of their useful life and reduce the risk to the City for the cost and responsibility of an environmental cleanup.
Unfortunately, Mr. Moodie stated that staff could not support the Councillor on the motion given that the City may be in a position where the road widening is required earlier than anticipated due to continued growth in the Manotick and Greely areas.
Lloyd Phillips, Planning Consultant for the Drummonds family reminded Committee that the City has no definite plan to construct Mitch Owens Road. When the gas bar redevelops, the tanks, which would be dealt with through site plans, could be replaced and relocated to meet current standards. However, he added that if the building were demolished and replaced with either a new facility or a changed facility, then a site plan approval would be required following moving the tanks and widening the road widening. He suggested that if Committee approved Councillor Thompson’s motion, the City’s ability to take the road widening in the future is not removed, nor would it prejudice the City in any other situation.
Mr. Phillips clarified that there was no dispute with the road widening for the restaurant properties and that they are prepared to give them to the City because that is where the development is happening. In the case of the gas bar property, he suggested deferring that until such time in the future when there is development. He added that this would not prejudice the City and would allow the gas bar to carry on in its present business. A final matter he brought to the Committee’s attention was that in the event the Committee approved the Thompson motion, he asked that similar conditions on the road widening for the crossroads property also be removed.
In response to a question from Councillor Thompson, Mr. Phillips replied that in the event of a site plan approval, the tanks would be replaced at the time of the road widening, however in the event of just a straight tank removal and replacement, the tanks would have to be relocated in accordance with current requirements.
The Councillor understood that the Drummonds are fully insured for any contamination that may be at that location and believed that the tanks would likely have to be replaced within the next five years. Mr. Phillips was also under that impression. The Councillor’s final point was that there was no money set aside for changes to that intersection on the Drummond’s side of Mitch Owens. The consultant confirmed that he was provided with this information noting that there were no specific timelines for that.
Councillor El-Chantiry recollected that a similar situation occurred on Kinburn Side Road and asked staff if work was anticipated for the widening of the road on Mitch Owens in the OP. Mr. Moodie clarified that the road widening would be on River Road located on the other side of the intersection. He added that the road widening is identified in the OP as an arterial road with the intent of expansion in the future, although it is not in the Transportation Master Plan. A timeline has not been specified nor are there capital funds set aside for the construction of that project at this time.
Staff’s concern is that at some point, while the entire road may not see re-development, development in that location may precipitate the expansion of that intersection.
Councillor El-Chantiry asked if there was an ability to enter into a legal agreement with the proponent such as what was concluded in Kinburn to ensure that if the City decided to widen the road, they would have to provide access to the road on their own expense. Tim Marc, Senior Legal Council confirmed that an agreement could be made, however cautioned that if a letter of credit was not done, the City would have to seek to recover the costs of administrative expenses from the landowner if the tanks were removed.
In response of a follow up question regarding the letter of credit, Mr. Marc believed that the owners did not want to provide a letter of credit, which is one of the conditions that they are seeking to remove.
Councillor Moffatt advised that the majority of the traffic is east, west and north and not so much from the south. He questioned why there would be an expansion to that road in the future. Mr. Moodie agreed with the Councillor regarding the traffic, but suggested that it may be required to align and expand the intersection to accommodate additional lanes.
Councillor El-Chantiry recommended that Councillor Thompson work with legal staff and Mr. Phillips in order to reach an agreement either by letter of credit or other means before the next Council meeting.
Although the letter of credit was discussed prior to the Committee of Adjustment decision, Mr. Phillips advised that an agreement could not be made given that any contamination of the tanks is not yet known. He hoped that ARAC would see fit to approve the Councillor’s motion.
Councillor Thompson thanked staff and Mr. Phillips for bringing forward their positions. He felt it important to remember the amount of land that is being taken is insignificant. In a normal case, this would have been a lot line adjustment, but unfortunately it was classified a severance, which provided the City an opportunity to request a road widening. He firmly believed the City would not be in any jeopardy if this motion was approved. He appreciated Councillor El-Chantiry’s concern and suggestion of a letter of credit but unfortunately an agreement was not met on that topic. He asked Committee to support his motion as he believed that it is an important project to the community and the local economy.
Councillor El-Chantiry reiterated that his concern was related to the cleanup and other costs that the City could be liable if the motion was approved. He requested that the Councillor work with the proponent in trying to find a way before the next Council meeting.
Councillor Moffatt stated the importance of the development of the medical centre as it will service the Manotick area.
At this time, Vice-Chair Blais called for yeas and nays.
Moved by D. Thompson,
BE
IT RESOLVED that the following item be added to the agenda pursuant to the
Procedure By-law, subsection 84(3):
WHEREAS Peter Drummond and Son Ltd and Shoppers
Drug Mart Ltd. Have entered into an agreement for the development of a Shoppers
Drug Mart/Doctors Office complex at 5230 Mitch Owens Rd, and
WHEREAS the committee of Adjustment decision of
October 6th, 2010 has put the entire project in jeopardy, and
THEREFORE BE
IT RESOLVED that Agriculture and Rural Affairs Committee recommend to Council that the City of Ottawa consent to an
order deleting the following conditions on the basis that the Owner provides a
letter agreeing that such is without prejudice to the City seeking to impose
similar conditions on a subsequent development application.
These are the conditions that the City
should not defend:
a.
Condition 1,
which in effect, requires the granting of road widenings from the Gas Bar
property to the City of Ottawa;
b.
Condition 2,
which in effect, requires the granting of a corner sight triangle from the Gas
bar property to the city of Ottawa;
c.
Condition 3,
requiring the removal or relocation of underground storage tanks from the land
conveyed for the road widening and sight triangle;
d.
Condition 4,
requiring an agreement between the Owner of the Gas Bar lands and the City of
Ottawa, with respect to Condition 3;
e.
Condition 5,
requiring the Owner of the Gas Bar lands to post security with the City of
Ottawa respecting the performance of Conditions 3 and 4;
f.
Condition 6,
which in effect, requires a Phase 2 Environmental Site Assessment on the Gas
Bar property and the Crossroads property; and,
g.
Condition 7,
which requires the Owner of the Gas Bar property to add the City as an
additional insured on the Crossroads property.
CARRIED
YEAS (3): Councillor S. Blais, S. Moffatt, D.
Thompson
NAYS (1): Councillor E. El-Chantiry