4. ZONING - 635 AND 655 BRONSON AVENUE

ZONAGE - 635 ET 655, AVENUE BRONSON

Committee recommendationS

(This application is subject to Bill 51)

That Council approve:

1. An amendment to the former City of Ottawa Zoning By-law to change the zoning of 635 and 655 Bronson Avenue from CG3 F(2.0) to CG3 F(2.0) [***] to permit a take-out restaurant as detailed in Document 2; and

2. An amendment to the New Comprehensive Zoning By-law to rezone 655 Bronson Avenue from TM to TM[74] to permit a gas bar and include the entire site of 635 and 655 Bronson Avenue in one zone designation as detailed in Document 2.

RecommandationS du Comité

(Cette demande est assujettie au Règlement 51)

Que le Conseil approuve:

1. une modification au Règlement de zonage général de l’ancienne Ville d’Ottawa afin de changer la désignation de zonage du 635 et 655, avenue Bronson de CG3 F(2.0) à CG3 F(2.0) [***] en vue de permettre un restaurant de mets à emporter, tel qu’il est expliqué en détail dans le Document 2 ; et

2. une modification au nouveau Règlement de zonage général afin de changer la désignation de zonage du 655, avenue Bronson de TM à TM[74] en vue de permettre un poste d’essence et d’incorporer tout l’emplacement du 635 et du 655, avenue Bronson dans une désignation de zonage, tel qu’il est expliqué en détail dans le Document 2.

Documentation

1. Deputy City Manager's report Planning, Transit and the Environment dated 5 June 2008 (ACS2008-PTE-PLA-0126).

Report to/Rapport au:

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

05 June 2008 / le 05 juin 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

Capital (17)

Ref N°: ACS2008-PTE-PLA-0126

SUBJECT:	ZONING - 635 and 655 bronson avenue (FILE NO. d02-02-08-0040)

OBJET:	ZONAGE - 635 et 655, avenue bronson

REPORT RECOMMENDATION

That the recommend Council approve:

1. An amendment to the former City of Ottawa Zoning By-law to change the zoning of 635 and 655 Bronson Avenue from CG3 F(2.0) to CG3 F(2.0) [***] to permit a take-out restaurant as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver :

BACKGROUND

The subject properties are located on the east side of Bronson Avenue, south of the Queensway at the intersection of Bronson Avenue and Imperial Avenue as shown on Document 1.

635 Bronson Avenue currently operates a legal non-conforming gas bar with surface parking for the gas bar and the uses located within 655 Bronson Avenue. 655 Bronson Avenue contains a two-storey mixed-use building. The ground floor of the building operates as a convenience store and a cashier for the gas bar at 635 Bronson Avenue which are consolidated. A small portion of the ground floor of 655 Bronson Avenue is proposed to be used for a new take-out restaurant. The second floor of the building is to be used for office related uses. Access to the site is from Bronson Avenue with a City-owned unmaintained lane abutting the property to the east which provides an additional access to the site and abutting residences. Residential uses abut the property to the east with a variety of commercial, retail, residential and office uses along Bronson Avenue in the area.

Details of Requested Zoning By-law Amendment Proposal:

Purpose of Zoning Amendment

The purpose of the Zoning By-law amendment application is to permit a take-out restaurant within the existing building at 655 Bronson Avenue. The proposed restaurant is to be located within a small portion of the ground floor (approximately 26.5 square metres). As well, the application proposes to create a uniform zoning designation for 635 and 655 Bronson Avenue consistent with the draft Comprehensive Zoning By-law to reflect how the properties function as one site and to reflect the full range of uses on the site.

Existing Zoning

655 Bronson Avenue is currently zoned CG3 F(2.0) – General Commercial which permits a variety of uses including but not limited to a bank, convenience store, laundromat, restaurant – full service and retail store but does not permit a take-out restaurant. The subject property is also limited to a floor space index (FSI) of 2.0. The property at 635 Bronson Avenue is zoned CG3 F(2.0) as well. Along with the range of permitted uses, a legal non-conforming gas bar is located on the subject lands. The gas pumps are located on 635 Bronson Avenue, while the cashier is located within the existing building at 655 Bronson Avenue.

The draft Comprehensive Zoning By-law designates the 655 Bronson Avenue as TM – Traditional Mainstreet which permits a restaurant, including a take-out restaurant, but does not permit a gas bar. The property at 635 Bronson Avenue is zoned TM[74] which is a Traditional Mainstreet Exception zone that recognizes the long established gas bar on the property.

Proposed Zoning

The application proposes to add a take-out restaurant as a permitted use within a General Commercial Exception Zone under the former City of Ottawa Zoning By-law 93-98 that will apply to both 635 and 655 Bronson Avenue. The current floor space index will remain and carry forward in the new General Commercial Exception Zone.

Secondly, as the cashier for the legal non-conforming gas bar at 635 Bronson Avenue is located within the building at 655 Bronson Avenue, the report recommends that the proposed Traditional Mainstreet Special Exception Zone that applies to 635 Bronson Avenue under the Council approved draft Comprehensive Zoning By-law be extended to 655 Bronson Avenue to reflect the full range of uses and to reflect that the properties at 635 and 655 Bronson Avenue function as one site.

DISCUSSION

Recommendation 1.

The subject properties are designated as “Traditional Mainstreet” in the Official Plan. Policy 3.6.3 of the Official Plan outlines that Mainstreets are to offer the most significant opportunity for intensification through compact forms of mixed use and pedestrian oriented development. The Plan promotes redevelopment in a fashion that locates buildings close to the street.

As the intent of the application is to add a use that is minor in scale, pedestrian friendly and complementary to the existing uses, the proposal is considered appropriate within the Traditional Mainstreet designation. The introduction of a take-out restaurant would add to the range of uses within the existing mixed-use building versus the creation of a stand-alone or pad building on the property. As well, the location of the proposed take-out restaurant within the existing building that is oriented close to the street implements the preferred building orientation along Traditional Mainstreets.

On Traditional Mainstreets surface parking is not permitted between the building and the street and direction is provided to locate surface parking in a way that will avoid the interruption of building continuity along the Traditional Mainstreet frontage in an effort to minimize impacts to the pedestrian environment. Parking for the take-out restaurant and all other uses within the existing building are located away from Bronson Avenue behind the gas pumps, which is in keeping with the policies of the Plan. The interruption of the Traditional Mainstreets street frontage exists due to the nature of the abutting gas bar which has no true built form beyond the gas pumps and canopies. Therefore the absence of building form will be compensated through the related application for Site Plan Control with the provision of additional landscaping and screening to create a more pedestrian friendly environment and street profile.

Section 3.6.3.6 requires that development proposals on Mainstreets be evaluated in the context of the policies in this section and the Design Objectives and Principles in Section 2.5.1, and the Compatibility policies set out in Section 4.11.

The design objective of creating quality public and private spaces is achieved as the proposed use is to be located within an existing building that is of an appropriate scale and relationship along a Traditional Mainstreet. As well, additional landscaping and screening will better help define private and public spaces thereby improving the pedestrian environment and streetscape. With respect to compatibility, due to the minor scale of the proposed use, the Department is satisfied that adequate parking and access to the site exist and there are no expected adverse impacts from additional traffic as a result of the take-out restaurant. Overall, the Department is satisfied that the Objectives of the Official Plan related to Traditional Mainstreets, Compatibility, and Community Design have been met.

Extending the General Commercial Exception zone to include 635 Bronson Avenue recognizes that the both 635 and 655 Bronson Avenue function as one site. As zoning designations are delineated by lot lines, conformity issues would arise with respect to specific permitted uses and performance standards on a property, regardless of the day-to-day operations. Extending the Exception zone will allow the properties to continue to operate as one site and conform to by-law requirements.

Recommendation 2.

The subject properties fall within two zoning designations under the draft Comprehensive Zoning By-law. 635 Bronson Avenue is designated TM[74] which is a Traditional Mainstreet Exception Zone which permits a wide range of commercial, retail and residential uses including a take out restaurant and a gas bar. This proposed zoning designation recognizes the long-established gas bar and implements the applicable Traditional Mainstreet policies, which allows existing gas bars to continue to operate.

655 Bronson Avenue is designated TM which is the parent Traditional Mainstreet Zone and permits the same range of uses without the special exception. Currently, the gas pumps are located on 635 Bronson Avenue while the gas bar cashier is located within the existing building as 655 Bronson Avenue. As a result, staff recommends that the TM[74] Exception Zone applied to 635 Bronson Avenue be extended to include 655 Bronson Avenue as the gas bar operation involves both properties.

It is anticipated that Council will consider adoption of the Draft Comprehensive Zoning By-law on June 25, 2008.

Concurrent Application

An application for site plan control (File D07-12-08-0053) was submitted and reviewed along with the change in zoning.

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. The City received five letters in opposition to this application which are discussed in Document 3.

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, 1004070 Ontario Ltd., 30 Rideau Heights Drive, Ottawa, ON, K2E 7A6, applicant, Brian K. Clark, Architect, 203 Catherine Street, Suite 201, Ottawa, ON, K2P 1C3, 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

Proposed changes to By-law No. 93-98 of the former City of Ottawa:

1. The properties known municipally as 635 and 655 Bronson Avenue, and shown on Document 1, are rezoned from CG3 F(2.0) (General Commercial subzone 3) to CG3 F(2.0) [***] (General Commercial subzone 3 Exception ***).

2. A new exception, number [***], will be added to Table XV including the following provisions:

Additional Permitted Use:

a) “restaurant – take out”

Proposed changes to New Comprehensive Zoning By-law:

1. 655 Bronson Avenue is rezoned to TM[74] Traditional Mainstreet Exception 74) zone as shown in Document 1.

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.

PUBLIC COMMENTS

Five letters were received in opposition to the application from members of the public. A summary of the issues brought forward is outlined below along with a staff response.

SUMMARY OF PUBLIC INPUT

1. Increase in traffic and parking on the site.

Concerns were raised that with an additional use being located in the building there would be an increase in traffic and vehicles on the site.

Response:

The proposed take-out restaurant would occupy approximately 26.5 square metres of space within the existing building located at 655 Bronson Avenue. This space would typically generate 10-12 vehicle trips during the peak hour and would have minimal impact on the adjacent street traffic. It is intended that the restaurant will primarily serve local residents who will also walk to the location and the patrons of the gas bar.

2. Hours of operation.

Concerns were raised with respect to the potential hours of operation of the take-out restaurant and a related increase in patrons congregating on the site.

Response:

The hours a business may operate is governed by Provincial legislation and local municipal by-laws that are in place. Based on conversations with the applicant, the hours of operation for the proposed takeout restaurant are intended to coincide with the hours of operation for the gas bar. The proposed site plan does not include any outdoor seating areas for patrons of the restaurant, convenience store or gas bar. The use is intended to attract foot traffic and complement the existing gas bar and convenience store with the same relatively high turnover of patrons as the gas bar.

3. Access to the existing laneway.

Concerns were raised with respect to abutting residents being able to access their parking spaces off of the rear lane which abuts the east limit of the subject property.

Response:

The application does not propose to alter the existing lane in any manner and any legal right-of-way residents may have in place to access their properties will remain unaffected by the proposal.

COUNCILLOR’S COMMENTS

The Councillor is aware of the application.