2. oFFICIAL
PLAN AMENDMENT - Policies regarding drive-through facilities (central area
and villages); zoning - permissions
for drive-through facilities and restaurants modification au plan
officiel - politiques relatives aux services au volant (Secteur centre et
villages); zonage - autorisations de services au volant et de restaurants |
planning
and environment committee recommendations as amended
That Council:
1. Approve and adopt an amendment to the Official Plan to
provide policies regarding permissions for drive-through facilities in the
Central Area and Village designations, as detailed in Document 1;
2. Approve amendments to Zoning By-law 2008-250 regarding
permissions for drive-through facilities and restaurant uses, as detailed in
Document 2, and forward a by-law incorporating the required amendments to the
Ontario Municipal Board.
3. Amend report number ACS2010-ICS-PGM-0025 by
making the following change to Document 2 – Details of Recommended Zoning:
i.
In Document 2 – Details of Recommended
Zoning, add the following text to (s) Section 204 (1) (a) IL 1, after the
words, “permitted uses”:
“except
for the lands zoned IL1 or IL1[XXX] along Hearst Way.”
4.
That there be no further notice pursuant to
Section 34 (17) of the Planning Act
Agriculture
and Rural Affairs Committee Recommendations as amended
That Council:
1. Approve and adopt an
amendment to the Official Plan to provide policies regarding permissions for
drive-through facilities in the Central Area and Village designations, as
detailed in Document 1 as amended by the following:
In
Document 1, Proposed Official Plan
Amendment, Part B, delete the text regarding Villages in Section 2.12 and
replace it with,
13. Consistent with the village and rural
character, drive-through facilities shall not generally be permitted in the
commercial core area of Villages or along Village mainstreets.
Council shall commission a study of
the Village core area and Village mainstreets in order to determine where, in
extraordinary situations, drive-through facilities may be permitted by
site-specific amendments to the zoning by-law.
This study shall consider:
a) Reinforcement of the historical
character of Villages;
b) Encouraging pedestrian friendly
streetscapes;
c) Promoting development of a size and
scale compatible with other development in the area;
d) The geographic extent to which each
Village requires any special policy on drive-through facilities; and,
e) Applicable objectives within Section
2.5.1 and policies within 4.11.
The principles resulting from this
study shall be adopted as an official plan amendment, either to Volume 1 or to
Volume 2 of the Plan.
If Council has not adopted an
official plan amendment implementing the above study within three years of this
policy coming into force, drive-through facilities will be permitted within the
Village core areas and along Village mainstreets.
Pending the study
outlined above and prior to the expiration of the three-year period, the
provisions of this Plan in respect of drive-through facilities, regarding
Traditional Mainstreets, shall apply with the necessary modifications in
respect of the Village commercial cores and Village mainstreets.”
2. Approve amendments
to Zoning By-law 2008-250 regarding permissions for drive-through facilities
and restaurant uses, as detailed in Document 2, and forward a by-law
incorporating the required amendments to the Ontario Municipal Board.
Recommandations
modifiées
du Comité de l’urbanisme et de l’environnement
Que le Conseil :
1.
Approuve et d’adopter une
modification au Plan officiel afin d’établir des politiques relatives aux
autorisations de services au volant dans les désignations secteur Centre et
village, comme il est expliqué en détail dans le Document 1;
2.
Approuve des modifications au
Règlement de zonage 2008-250 concernant les autorisations relatives aux
utilisations de service au volant et de restaurant, comme il est expliqué en
détail dans le Document 2, et de transmettre un règlement incorporant les
modifications requises à la Commission des affaires municipales de l’Ontario.
3. Modifie
le rapport no
ACS2010-ICS-PLA-0025 par les changements suivants apportés au Document 2 –
Détails du zonage recommandé :
ii.
Dans le
Document 2 – Détails du zonage recommandé, ajouter le texte suivant à la (s)
Section 204 (1) (a) IL 1, après les mots « utilisations
permises » :
« à l’exception des terrains dont le
zonage est IL1 ou IL1[XXX] le long de l’allée Hearst. »
4. Qu’aucun
autre avis ne soit émis, conformément à l’article 34 (17) de la Loi sur l’aménagement du territoire.
Recommandations
modifiées
du Comité de l’agriculture et des affaires rurales
Que le Conseil :
Approuve et d’adopter une modification au Plan officiel afin d’établir
des politiques relatives aux autorisations de services au volant dans les
désignations secteur Centre et village, comme il est expliqué en détail dans le
Document 1, qui a été modifié comme
suit :
Dans le Document 1 (la partie B de la
proposition de modification au Plan officiel), le passage concernant les
villages à la section 2.12 doit être remplacé par :
13. Pour respecter le caractère rural, les
services au volant sont généralement interdits dans le secteur commercial
central et le long des rues principales des villages.
Le Conseil commandera une étude des secteurs centraux et des rues
principales des villages afin de déterminer où, dans les cas exceptionnels, les
services au volant seront permis en vertu de modifications concernant un lieu
particulier apportées au règlement municipal sur le zonage. Cette étude
tiendra compte des critères suivants :
a) nécessité de mettre en
valeur le caractère historique des villages;
b) nécessité d’encourager les
aménagements facilement accessibles à pied;
c) nécessité de favoriser un
ordre de grandeurs compatible avec les autres développements de la région;
d) étendue de la zone
géographique où chaque village doit être doté d’une politique particulière sur
les services au volant;
e) objectifs applicables de la
section 2.5.1 et politiques de la section 4.11.
Les principes ressortant de cette étude seront adoptés à titre de
modifications du plan officiel, qui seront apportées au volume 1 ou 2 de ce
dernier.
Si le Conseil n’adopte pas une modification du plan officiel respectant
les principes de l’étude évoquée ci-dessus dans les trois ans suivant l’entrée
en vigueur de cette politique, les services au volant ne seront pas interdits
dans les secteurs centraux et le long des rues principales des villages.
D’ici la conclusion de l’étude et la fin de la
période de trois ans, les dispositions du plan officiel concernant les services
au volant et les rues principales traditionnelles s’appliqueront avec les
modifications nécessaires en ce qui a trait aux secteurs commerciaux et aux
rues principales des villages.
2. Approuve
des modifications au Règlement de zonage 2008-250 concernant les autorisations
relatives aux utilisations de service au volant et de restaurant, comme il est
expliqué en détail dans le Document 2, et de transmettre un règlement
incorporant les modifications requises à la Commission des affaires municipales
de l’Ontario.
Documentation
1. Deputy City Manager’s report
(Infrastructure Services and Community Sustainability) dated 12 January 2010
(ACS2010-ICS-PGM-0025).
2. Extract of Draft Planning and
Environment Committee Minutes, 09 February 2010.
Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme
et de l'environnement
Agriculture and Rural Affairs Committee
Comité d'agriculture
et des affaires rurales
and Council / et au Conseil
12 January 2010 / le
12 janvier 2010
Submitted by/Soumis
par : Nancy Schepers, Deputy City
Manager/
Directrice
municipale adjointe,
Infrastructure Services and Community Sustainability/
Services d'infrastructure et Viabilité des collectivités
Contact
Person/Personne-ressource : Richard Kilstrom, Manager/Gestionnaire, Policy
Development and Urban Design/Élaboration de la politique et conception urbaine,
Planning and Growth Management/Urbanisme et Gestion de la croissance
Élaboration de la politique et conception urbaine
(613) 580-2424 x 22653,
Richard.Kilstrom@ottawa.ca
REPORT
RECOMMENDATIONS
That Planning and Environment
Committee and the Agriculture and Rural Affairs Committee recommend Council:
1.
Approve and adopt an amendment to
the Official Plan to provide policies regarding permissions for drive-through
facilities in the Central Area and Village designations, as detailed in
Document 1;
2.
Approve amendments to Zoning
By-law 2008-250 regarding permissions for drive-through facilities and
restaurant uses, as detailed in Document 2, and forward a by-law incorporating
the required amendments to the Ontario Municipal Board.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de l’urbanisme et de l’environnement et le Comité de
l’agriculture et des affaires rurales recommandent au Conseil :
1.
D’approuver et d’adopter une
modification au Plan officiel afin d’établir des politiques relatives aux
autorisations de services au volant dans les désignations secteur Centre et
village, comme il est expliqué en détail dans le Document 1;
2.
D’approuver des modifications au
Règlement de zonage 2008-250 concernant les autorisations relatives aux
utilisations de service au volant et de restaurant, comme il est expliqué en
détail dans le Document 2, et de transmettre un règlement incorporant les
modifications requises à la Commission des affaires municipales de l’Ontario.
In Zoning By-law 2008-250, a “drive-through
facility” was introduced as a land use. An appeal was received regarding the
approach taken to this new land use in the Zoning By-law in terms of where the
permissions for the land use were applied.
As well, the appellant objected to restrictions on certain types of
restaurants (the Zoning By-law provides for three types of restaurants). This report proposes certain modifications to
the Official Plan and Zoning By-law to resolve this appeal. These modifications emanate from a settlement
hearing at the Ontario Municipal Board held in December 2009.
The purpose of this Official Plan amendment is to provide policies regarding drive-through facilities in the Central Area and Village designations of the Official Plan. The amendment will prohibit drive-through facilities in these designations unless certain criteria can be met. Proposals for new drive-through facilities in these areas will be required to go through concurrent Zoning By-law amendment and Site Plan Control approval processes.
The proposed Zoning By-law amendments are intended to harmonize the treatment of drive-through facilities and various types of restaurants, city-wide, in certain zones. Generally, it is proposed that these uses be permitted in a number of commercial, industrial and leisure zones where the y are not now permitted under By-law 2008-250.
DISCUSSION
Recommendation 1 - Official Plan Amendment
This amendment would introduce new policies in Section 3.6.6 – Central Area, and in Section 3.7.1 – Villages, regarding drive-through facilities. While Section 3.6.3 - Mainstreets contains policies that deal specifically with drive-through facilities, the remaining land use designations do not currently contain specific policies in this regard.
Central Area designation
The policies for the Central Area designation in Section 3.6.6 emphasize the vital role of this area of the city, its distinct identity and heritage character, as well as the primacy of the Parliament Buildings and other national symbols. These policies have as their objective the enhancement of the diversity and attractiveness of the Central Area by encouraging a broad range of land uses and day/night, year-round activities. There is an emphasis on policies to support walking, cycling and transit to and in the Central Area, particularly during peak traffic periods. Further policies recognize the importance of a safe and comfortable pedestrian/cycling environment on all downtown streets. Regarding architectural form, the policies highlight how new buildings and spaces will reflect a human scale of development, and will be guided by design criteria that will result in a significantly enhanced pedestrian environment. The policies also ensure that development applications and public works have regard for the Central Area Secondary Plan policies to enhance the physical character, identity and unique heritage resources of the Central Area’s distinctive streets, theme streets, character areas, and heritage conservation districts.
Village designation
The policies for the Village designation in Section 3.7.1 permit a variety of land uses to provide for the daily needs of the rural community while ensuring that villages remain distinctly rural in character and scale. Permitted uses include: residential, retail and commercial service facilities, restaurants, offices and personal service establishments, light industrial uses, institutional uses such as schools, community meeting and recreational buildings and facilities, places of worship, and public open space. The policies support development that reinforces the historical character of Village core areas and mainstreets. Further policies encourage a pedestrian-friendly streetscapes and development that is compatible in scale with the rural character of Villages. There are more detailed policies in the Village Plans contained in Volume 2 of the Official Plan which identify Village mainstreets and cores.
Recommendation 2 - Zoning By-law Amendments
A “drive-through facility” use was not a defined
land use in the Zoning By-laws of the former municipalities. Under the former By-laws, a drive-through
facility was generally permitted as an accessory use and therefore was not
specifically regulated, except for certain lands where it was mentioned and
prohibited through the use of exceptions and subzones.
In Zoning By-law 2008-250, a “drive-through
facility” was introduced as a defined land use.
Because of the nature of this use, where it is permitted in a zone it
has to be developed in conjunction with another permitted use in that zone,
such as a bank or fast-food restaurant.
In order to translate the intent of the former Zoning By-laws with
respect to drive-through facilities, decisions had to be made regarding which
zoning designations this new land use would be permitted in the city. The protocol for determining where
drive-through facilities would be permitted was based on the permissions in the
former Zoning By-laws for fast-food restaurants, as this use was most closely
associated with accessory drive-through facilities. It is noted however that other uses, such as
banks, may have been able to develop accessory drive-through facilities under
the former municipal Zoning By-laws.
RATIONALE
Planning Policy Context and conformity
Provincial Policy Statement
The Provincial
Policy Statement has three general, high-level policies that would apply to the
issue of drive-through facility and restaurant permissions in the City’s Zoning
By-law.
Policy 1.1.1
b) states,
“Healthy, liveable and safe
communities are sustained by: accommodating an appropriate range and mix of
residential, employment (including industrial, commercial and institutional
uses), recreational and open space uses to meet long-term needs.”
Policy 1.1.3.4
states,
“Appropriate development
standards should be promoted which facilitate intensification, redevelopment
and compact form, while maintaining appropriate levels of public health and
safety.”
Policy 1.5.1
a) states,
“…planning public streets, spaces
and facilities to be safe, meet the needs of pedestrians, and facilitate
pedestrian and non-motorized movement, including but no limited to, walking and
cycling.”
Central Area designation
In support of the policies for the Central Area,
the amendment provides a new policy stating that drive-through facilities will
not generally be permitted in the Central Area.
However, on an exceptional, site-specific basis, the proposed policy
states that a drive-through facility may be considered through concurrent
applications for Zoning By-law amendment and Site Plan Control approval. The policy contained in Document 1 provides
the criteria that must be met to ensure that the planned character and function
of the Central Area are maintained. Further, these applications would only be considered for
approval in circumstances where the location and design of the drive-through
facility will maintain the intent of the Official Plan and any applicable
Secondary Plan. As is the case for the
review of development applications related to this type of land use, impacts on
traffic-related issues would also be evaluated through these processes.
Village designation
To reflect the intent of the Village designation policies in the Official Plan, the amendment as shown in Document 1, adds a new policy that states that drive-through facilities shall not generally be permitted in the commercial core area of Villages or in Village mainstreets, except in extraordinary circumstances. On an exceptional basis, the policy states that a drive-through facility may be considered on a site-specific basis through concurrent applications for Zoning By-law amendment and Site Plan Control approval. Essentially, the policies in Section 3.6.3.6 for Traditional Mainstreets regarding drive-through facilities will apply with the necessary modifications in respect of the Village commercial cores and Village mainstreets. The policies in Section 3.6.3.6 include the consideration of appropriate means to minimize the interruption of the street frontage and to ameliorate the impact on the pedestrian environment. These means would include coordinated tree planting and landscaping, pedestrian amenities and consideration of the dimension, location and number of vehicular accesses.
A study of Village cores and
mainstreets will be undertaken in 2010 and 2011 to develop criteria for
evaluating applications to permit drive-through facilities in these areas. A
variety of criteria are to be considered in determining which areas may be
considered for the development of a drive-through facility, including the
historical character of the Villages, the pedestrian-friendly character that is
planned for these areas, the compatibility of the size and scale of the
development, the geographic extent of the area of each of the Villages that
will require special policies regarding drive-through facilities, and the
applicable policies in Sections 2.5.1 – Compatibility and Community Design, and, 4.11 – Compatibility of the Official
Plan. At the time of the completion of this study the findings may be adopted
by a further Official Plan amendment, either to Volume 1 or to Volume 2 of the
Plan.
The proposed new policy and the policies to be
used while the study is underway will support the primary policy objectives for
the Village designation regarding the planned pedestrian scale for Village
cores and mainstreets, compatible size and scale of development and appropriate
geographic location for this use.
Recommendation 2 - Zoning By-law Amendments
Drive-through Facility Permissions
While a drive-through
facility is proposed to be added as a permitted use in some zones, a fast-food
restaurant or any other use that might be associated with a drive-through
facility, is not necessarily also permitted in these same zones. An application for a Zoning By-law amendment
would be necessary to permit a fast-food restaurant or any other use not
permitted by the zone designation, in these zones.
Currently, Zoning By-law 2008-250 generally permits
drive-through facilities in the following zones and certain subzones:
Arterial Mainstreet zone and subzones (AM, AM1 - AM3, AM6, AM7)
General Mixed-Use zone and subzones (GM, GM1, GM3, GM7, GM11 - GM17, GM19, GM20, GM23 - GM25)
Mixed-Use Centre zone and subzones (MC, MC1 – MC5, MC7 – MC14)
Local Commercial subzones (LC6, LC7)
General Industrial zone and subzones (IG, IG1, IG3, IG5, IG7)
Light Industrial zone and subzones (IL, IL2 - IL4, IL6 - IL8)
Heavy Industrial zone and subzone (IH, IH1)
Business Park Industrial zone and subzones (IP, IP1 - IP3, IP5)
Airport Transportation Facility subzone (T1A)
Rural Commercial zone and subzones (RC, RC1 - RC4, RC6 - RC11)
Rural General Industrial zone and subzones (RG, RG1 - RG5)
Rural Heavy Industrial zone and subzones (RH, RH1 - RH5)
Regarding drive-through facilities, the purpose of
this amendment is to permit this use in a number of additional zones and
subzones including:
Arterial Mainstreet subzones (AM4, AM5)
General Mixed-Use subzones (GM2, GM4, GM5, GM8, GM9, GM18, GM21),
Major Leisure subzone (L2)
Local Commercial zone and subzones (LC, LC1 - LC5)
Mixed-Use Centre subzone (MC6)
General Industrial subzone (IG6)
Light Industrial subzones (IL1, IL5, IL9)
Business Park Industrial subzones (IP4, IP7 - IP10)
Rural General Industrial zone (RG)
Rural Heavy Industrial zone (RH)
In the RG and RH zones, an amendment that is technical
in nature is proposed. Currently in
these two zones, drive-through facilities are permitted conditional on the use
being located on the same lot as another permitted use. The proposed amendment would result in the
use “drive-through facility” being added to the list of permitted uses, without
any conditions. This will have little
practical consequence as a drive-through facility is always located on the same
lot as the use it is associated with.
The drive-through facility use was originally included as a conditional
use because it was closely associated with the types of service uses that were
only to be permitted conditionally in these zones, on the same lot as one of
the permitted uses. This change will
make the format of these rural industrial zones consistent with the formatting
of the urban industrial zones.
Restaurant Permissions
Currently, Zoning By-law 2008-250 generally permits the full range of restaurant uses (“restaurant, full-service”, “restaurant, fast-food” and “restaurant, take-out”) in the following zones and subzones:
Arterial Mainstreet zone and subzones (AM, AM1 - AM3,
AM6, AM7)
General Mixed-Use zone and subzones (GM, GM1, GM3, GM5 - GM7, GM11 -
GM17, GM19, GM20, GM22 - GM25)
Mixed-Use Centre
zone and subzones (MC – MC15)
Local Commercial
subzone (LC6)
General
Industrial zone and subzones (IG, IG1 - IG4, IG6)
Light Industrial zone and subzones (IL, IL2, IL3. IL7, IL8)
Heavy Industrial zone (IH)
Business Park Industrial zone and subzones (IP, IP3, IP5)
Airport Transportation Facility subzone (T1A)
Major Leisure subzone (L2B)
Mixed-Use Downtown zone and subzones (MD, MD2, MD3)
Rural Commercial zone and subzones (RC, RC1 – RC7, RC10, RC11)
Village Mixed-Use zone and subzones (VM, VM3-VM7).
Regarding restaurants, the proposed amendments would result in the full range of restaurant uses (“restaurant, full-service”, “restaurant, fast-food” and “restaurant, take-out”) being permitted in a number of additional zones and subzones including:
Arterial Mainstreet subzones (AM4, AM5)
General Industrial subzones (IG5, IG7)
Heavy Industrial subzone (IH1)
Light Industrial subzones (IL4, IL5, IL6, IL9),
Business Park Industrial subzones (IP1, IP2, IP8, IP9)
Rural General Industrial zone (RG)
Rural Heavy Industrial zone (RH)
Village Mixed-Use subzone (VM1)
For some of the above zones and subzones, only “restaurant, take-out” would be added as a permitted use, while in others the full complement of restaurant uses would be added.
Zoning By-law 2008-250 generally carried over the restaurant permissions from the former Zoning By-laws. This amendment would introduce new restaurant types in specific zones and subzones. The Official Plan permits a broad range of uses, including service and restaurant uses, in the General Urban, Traditional Mainstreet, Arterial Mainstreet, Mixed-Use Centre, Employment Area, Enterprise Area, Village and General Rural designations. While the Official Plan refers to service and restaurant uses, a distinction is not made between the three types of restaurant that are regulated in the Zoning By-law. For this reason, the proposed amendment, contained in Document 2, to introduce new restaurant types in specific zones and subzones will be not be inconsistent with policies in the Official Plan.
RURAL IMPLICATIONS
Amendments to the zones RG (Rural
General Industrial) and RH (Rural Heavy Industrial) will permit fast-food
restaurants where previously they had not generally been permitted under the
former rural Zoning By-laws. Further,
amendments to these same zones will permit drive-through facilities as a
permitted use rather than as a conditional use.
CONSULTATION
Notice for the Official Plan amendment was carried out in accordance with the City's Public Notification and Consultation Policy.
No comments regarding the Official Plan amendment were received from the public. Inquiries regarding interpretation of technical aspects of the proposed Zoning By-law amendment were received.
Detailed responses to the notification/circulation are provided in Document 3.
The Ward Councillors are aware of these amendments and the staff recommendations. No comments regarding the proposed Official Plan amendment were received. Inquiries regarding interpretation of technical aspects of the proposed Zoning By-law amendment were received.
LEGAL/RISK MANAGEMENT
IMPLICATIONS:
The attached proposed official plan amendment implements a recommended settlement. If this report is adopted by Council, implementation will occur in accordance with the disposition below.
If the report is not adopted by Council, then the matters addressed in this report will proceed to a hearing. It will be necessary for the City to retain outside witnesses at a cost estimated to be in the range of $50,000 to $75,000.
The staff recommendations support the following objectives for the Planning and Growth Management priority area:
E6: Require walking, transit and cycling-oriented communities and employment centres.
F2: Respect the existing urban fabric, neighbourhood form and the limits of existing hard services so that new growth is integrated seamlessly with established communities.
F5: Preserve Ottawa’s rural villages.
N/A
FINANCIAL IMPLICATIONS
N/A
SUPPORTING DOCUMENTATION
Document 1 - Proposed
Official Plan Amendment
Document 2 - Details of Recommended Zoning – Recommendation 2
Document 3 - Consultation Details
DISPOSITION
Legal Services to forward the by-law regarding Recommendation 1 to implement the Official Plan amendment to City Council.
Planning and Growth Management to prepare the implementing by-law for Recommendation 2, forward to Legal Services.
Legal Services to bring forward by-law regarding
Recommendation 2 to the Ontario Municipal Board for implementation by Ontario
Municipal Board order on February 25, 2010.
DOCUMENT 1
PROPOSED OFFICIAL PLAN AMENDMENT
Utilisation du sol
The Statement of
Components … … … … … … … … … … … … … … … … … …
Purpose … … … … … …
… … … … … … … … … … … … … … … … … … … .
Location … … … … …
… … … … … … … … … … … … … … … … … … … …
Basis … … … … … … …
… … … … … … … … … … … … … … … … … … … .
Introductory Statement … … … … … … … … … … … … … … … … … … … … .
Details of the Amendment … … … … … … … … … … … … … … … … … … ….
THE STATEMENT OF
COMPONENTS
PART A – THE PREAMBLE, introduces the actual Amendment but does not constitute part of Amendment No. X to the City of Ottawa Official Plan.
PART B – THE AMENDMENT, consisting of the following text and maps constitutes both the actual Amendment No. X to the City of Ottawa Official Plan.
PART A - THE PREAMBLE
1.0 Purpose
The purpose of Amendment No. X to
the City of Ottawa Official Plan is to add new policies to Section 3.6.6
Central Area and 3.7.1 Villages to prohibit drive-though facilities in these
designations. Drive-through
facilities are not considered to be appropriate in the Central Area and Village
Mainstreets and Cores where such uses would interfere with the intended
function and form of these designations as described in the policies of the
aforementioned sections, which encourage a pedestrian–friendly streetscape and
a more compact form of development.
2.0 Location
The areas affected by the amendment are the Central Area as shown on Schedule B – Urban Policy Plan and all Villages as shown on Schedule A – Rural Policy Plan, both schedules to the Official Plan.
3.0 Basis
3.1 Background
The City of Ottawa enacted the Zoning By-law 2008-250 on June 25, 2008. An appeal was received with regard to where drive-through facilities and various types of restaurants (fast food, take-out and full service) are permitted in several zone codes in the By-law. Further to the settlement of this appeal, an Official Plan Amendment was to be presented to Planning and Environment Committee and Agriculture and Rural Affairs Committee for approval by City Council.
PART B – THE AMENDMENT
1.0 The Introductory Statement
All of this part of this document entitled Part B – The Amendment, consisting of the following text, constitutes Amendment No. X to the City of Ottawa Official Plan.
2.0 Details
of the Amendment
2.1 The City of Ottawa Official Plan, Volume 1, is hereby amended as follows:
13. Drive-through facilities will not be
permitted on Village mainstreets or in Village commercial cores, as identified either
through a Secondary Plan, Community Design Plan or Zoning By-law, in order to
protect and enhance the pedestrian environment. However, there may be
exceptional circumstances where a drive-through facility may be located in
these areas where the intent of this Official Plan regarding Villages, in a
Secondary Plan or in a Community Design Plan, can otherwise be preserved. In
these cases, appropriate means such as coordinated tree planting and
landscaping, pedestrian amenities and the dimension, location and number of
vehicular accesses will be used to minimize the interruption of the Village
commercial core or Village mainstreet street frontage and ameliorate the impact
on the pedestrian environment."
13. Consistent with the village and rural
character, drive-through facilities shall not generally be permitted in the
commercial core area of Villages or along Village mainstreets.
Council
shall commission a study of the Village core area and Village mainstreets in
order to determine where, in extraordinary situations, drive-through facilities
may be permitted by site-specific amendments to the zoning by-law. This study shall consider:
a) Reinforcement
of the historical character of Villages;
b) Encouraging
pedestrian friendly streetscapes;
c) Promoting
development of a size and scale compatible with other development in the area;
d) The
geographic extent to which each Village requires any special policy on
drive-through facilities; and,
e) Applicable
objectives within Section 2.5.1 and policies within 4.11.
The
principles resulting from this study shall be adopted as an official plan
amendment, either to Volume 1 or to Volume 2 of the Plan.
If Council
has not adopted an official plan amendment implementing the above study within
three years of this policy coming into force, drive-through facilities will be
permitted within the Village core areas and along Village mainstreets.
3.0 Interpretation
Implementation
and interpretation of these chapters shall be made having regard to information
of all of the chapters of the Official Plan.
DOCUMENT 2
DETAILS OF
RECOMMENDED ZONING - RECOMMENDATION 2
BY-LAW FOR CONSIDERATION BY
THE ONTARIO
MUNICIPAL BOARD
A by-law of the City of
Ottawa to
amend By-law No. 2008-250 to resolve an appeal to the Ontario Municipal Board.
The Council of the City of Ottawa, pursuant to
Section 34 of the Planning Act, R.S.O.1990, enacts as follows:
1.
By-law
No. 2008-250 entitled “City of Ottawa Zoning By‑law” is amended as
follows:
(a) Section 175 (1) L2 (Major Leisure Facility)
Add the following immediately after subsection (a)
(b) the following uses are also permitted subject to:
(i) being in association with “amusement park”, “library”, “sports arena” and “theatre”:
“drive-through facility”,
Arterial Mainstreet Zones:
(b) Section 186 (4) AM 4
“drive-through facility” to be removed from list of prohibited uses,
(c) Section 186 (5) (a) AM 5
“drive-through facility” to be added to list of permitted uses,
General Mixed Use Zones:
(d) Section 188 (2) GM 2
“drive-through facility” to be added to list of permitted uses,
(e) Section 188 (4) GM 4
“drive-through facility” to be added to list of permitted uses,
(f) Section 188 (5) GM 5
“drive-through facility” to be added to list of permitted uses,
(g) Section 188 (8) GM 8
“drive-through facility” to be added to list of permitted uses,
(h) Section 188 (9) GM 9
“drive-through facility” to be added to list of permitted uses,
(i) Section 188 (18) (a) GM 18
“drive-through facility” to be added to list of permitted uses,
(j) Section 188 (21) (c) GM 21
“drive-through facility” to be added to list of permitted uses,
Local
Commercial Zones:
(k) Section 189 (1) LC
“drive-through facility” to be added to list of permitted uses,
(l) Section 190 (1) LC 1
“drive-through facility” to be added to list of permitted uses,
(m) Section 190 (2) LC 2
“drive-through facility” to be added to list of permitted uses,
(n) Section 190 (3) LC 3
“drive-through facility” to be added to list of permitted uses,
(o) Section 190 (4) LC 4
“drive-through facility” to be added to list of permitted uses,
(p) Section 190 (5) LC 5
“drive-through facility” to be added to list of permitted uses,
(q) Section 192 (6) MC 6 (Mixed Use Centre)
“drive-through facility” to be added to list of permitted uses,
(r) Section 200 (6) (b) IG 6 (General Industrial)
“drive-through facility” to be removed from list of prohibited uses.
Light Industrial Subzones:
(s) Section 204 (1) (a) IL 1
“drive-through facility” to be added to list of permitted uses except for the lands zoned IL1 or IL1[XXX] along Hearst Way (as amended at meeting of Planning and Environment Committee, 09 February 2010),
(t) Section 204 (5) (a) IL 5
“drive-through facility” to be removed from list of prohibited uses.
(u) Section 204 (9) (b) IL 9
(i) “drive-through facility” to be added to list of permitted uses in clause (b),
(ii) and by adding the following clause:
(e) drive-through facility is only permitted in association with the uses in 204(9)(b)(iii) and only when these uses are located within a building containing one or more of the uses listed in 203(9)(a).
Business Park Industrial Subzones:
(v) Section 206 (4) (a) IP 4 is amended by:
(i) “drive-through facility” to be removed from list of prohibited uses in clause 4(a),
(ii) adding the following clause:
(d) drive-through facility is only permitted in association with a permitted use when the permitted use is located within a building containing other permitted uses.
(w) Section 206 (7) (b) IP 7
(i) “drive-through facility” to be added to list of permitted uses in clause (a),
(ii) add the following clasue:
(c) drive-through facility is only permitted in association with the uses in 206 (7) (b) and only when these uses are located in the same building as a use permitted under clause 206 (7) (a) above.
(x) Section 206 (8) (b) IP 8
“drive-through facility” to be removed from list of prohibited uses,
(y) Section 206 (9) (a) IP 9
“drive-through facility” to be removed from list of prohibited uses
(z) Section 206 (10) (b) IP 10
“drive-through facility” to be added to list of permitted uses,
(aa) Section 219 (1) RG (Rural General Industrial)
“drive-through facility” to be added to list of permitted uses,
(bb) Section 219 (2) RG
“drive-through facility” to be removed from list of conditional permitted uses,
(cc) Section 221 (1) RH (Rural Heavy Industrial)
“drive-through facility” to be added to list of permitted uses,
(dd) Section 221 (2) RH (Rural Heavy Industrial)
“drive-through facility” to be removed from list of conditional permitted uses.
(ee) Section 239 – Urban Exceptions
Exception [338] to be modified by
adding "drive-through facility" to Column IV- Land Uses Prohibited,
Exception [51] to be modified by
replacing the word, "commercial", with the word,
"non-residential", in Column IV - Land Uses Prohibited.
APPROVED by the Ontario Municipal Board on _____________________, 2010
BY-LAW FOR CONSIDERATION BY
THE ONTARIO
MUNICIPAL BOARD
A by-law of the City of
Ottawa to
amend By-law No. 2008-250 to resolve an appeal to the Ontario Municipal Board.
The Council of the City of Ottawa, pursuant to
Section 34 of the Planning Act, R.S.O.1990, enacts as follows:
By-law No. 2008-250 entitled “City of Ottawa Zoning By‑law” is amended as follows:
Arterial Mainstreet Zones:
(a) Section 186 (4) (c) AM 4
“restaurant” to be removed from list of prohibited uses,
(b) Section 186 (5) (a) AM 5
“restaurant” to be added to list of permitted uses,
(c) Section 186 (5) (b) AM 5
“restaurant-full service” and “restaurant-take out” to be removed from list of permitted uses,
General Industrial:
(d) Section 200 (5) (a) IG 5
“restaurant-fast food” to be removed from list of prohibited uses.
(e) Section 200 (7) (b) IG 7
“restaurant” to be added to list of permitted uses,
(f) Section 202 (1) (b) IH1 (Heavy Industrial)
“restaurant-fast food” to be added to list of permitted uses,
Light Industrial Subzones:
(g) Section 204 (4) (a) IL 4
“restaurant-full service” to be removed from list of permitted uses,
“restaurant” to be added to list of permitted uses,
(h) Section 204 (5) (a) IL 5
“restaurant-fast food” and “restaurant-take out” to be removed from list of prohibited uses.
(i) Section 204 (6) (b) IL 6
“restaurant-fast food” and “restaurant-take out” to be removed from list of prohibited uses.
(j) Section 204 (9) (a) IL 9
“restaurant” to be added to list of permitted uses,
(k) Section 204 (9) (b) IL9
“restaurant-full service” and “restaurant-take out” to be removed from list of conditionally permitted uses
Business Park Industrial Subzones:
(l) Section 206 (1) (a) IP 1
“restaurant” to be added to list of permitted uses,
“restaurant-full service” and “restaurant-take out” to be removed from list of permitted uses,
(m) Section 206 (2) (a) IP 2
“restaurant” to be added to list of permitted uses,
“restaurant-full service” and “restaurant-take out” to be removed from list of permitted uses,
(n) Section 206 (8) (b) IP 8
“restaurant-fast food” and “restaurant-full service” to be removed from list of prohibited uses,
(o) Section 206 (9) (a) IP 9
“restaurant-fast food” and “restaurant-full service” to be removed from list of prohibited uses,
(p) Section 219 (2) (c) RG (Rural General Industrial)
Delete section (2) (c)
(q) Section 221 (2) (c) RH (Rural Heavy Industrial)
Delete section (2) (c)
Village Mixed Use:
(cc) Section 230 (1) VM1
“restaurant” to be added to list of permitted uses, effective February 24, 2011.
(dd) Add exception [xxxx] to section 239, applicable to 911 Watters Road, inserting in Column III, “Additional Land Uses Permitted”, “Restaurant, Fast Food”.
APPROVED by the Ontario Municipal Board on _____________________, 2010
DOCUMENT 3
CONSULTATION DETAILS
COMMUNITY ORGANIZATION COMMENTS
Comment: The Fallowfield Community Association requested information regarding how the proposed Official Plan amendment with regard to drive-through facilities would affect Fallowfield Village.
Response: Fallowfield Village does not have a designated Village Core or Mainstreet, nor does it have a Village Mainstreet zone. None of the existing zones in Fallowfield will be affected by the proposed Zoning By-law amendments.
Comment: The Dalhousie Community Association submitted a comment indicating that they support the proposed Official Plan amendment.
Comment: The Rockcliffe Park Community Association submitted a comment indicating that they support the proposed Official Plan amendment. The Association requested confirmation that the Traditional Mainstreet zone along Beechwood Avenue would not be affected by the proposed Zoning By-law amendments.
Response: Staff confirmed that the Traditional Mainstreet zone will not be among the zones affected by the proposed Zoning By-law amendments.
The Chair advised that for this Official Plan (OP) and Zoning By-law Amendment, only those who made oral submissions at the meeting or written submissions before the amendments were adopted could appeal to the OMB. He noted the applicant could also appeal the matter if Council did not adopt the amendment within 120 days (zoning) and 180 days (OP) of receipt of the application.
The following
correspondence was received and is held on file with the City Clerk:
·
E-mail dated 9 February 2010 from Xuan Zhu
·
E-mail dated 8 February 2010 from Maureen Taylor
·
E-mail dated 8 February 2010 from John Parrott and Lauri Smith
Tim Marc, Senior
Legal Counsel, provided an overview of the proposed Zoning By-law and Official
Plan amendments. He was joined by
Francoise Jessop, Program Manager, Zoning Studies. Mr. Marc provided the following details by
way of background:
·
Subsequent to Council’s approval of the Comprehensive Zoning By-law in
June 2008, some 60 appeals were received by the City.
·
One of the major appeals was from TDL (Tim Hortons), a key aspect of
which pertained to permissions for drive-throughs and restaurants.
·
A series of pre-hearings were held on the Zoning by-law and at no time
did anyone seek to be involved in the TDL appeal, either in support of or in
opposition to the City’s position.
·
A hearing was scheduled for December 2009. After exchange of witness
statements, the City was approached and agreed to undergo mediation in front of
the Ontario Municipal Board (OMB.)
·
The parties underwent mediation in December 2009, discussing the issues
and policy ramifications with respect to where drive-throughs and restaurants
might be permitted within the City, having regard to OP policy.
·
At the conclusion of the three days of mediation, a settlement was
arrived at that staff was prepared to recommend. PEC was subsequently briefed In Camera on December 8, 2009.
·
The settlement respects existing OP policy and allows for some increased
permissions for drive-throughs where there is arguably no OP policy in place to
prohibit them.
·
There are two areas of the City, the Central Area and Villages, where
staff felt policy should support prohibitions on drive-throughs. The proposed OP policy will discourage
drive-throughs within those two areas.
Mr. Marc highlighted
that one of the more contentious areas pertained to local commercial
zones. He suggested the City does not
have a strong OP policy basis to prohibit drive-throughs in those areas;
however, staff has legitimate concerns with respect to performance
standards. As part of the settlement,
drive-throughs would be permitted in local commercial areas, but staff would be
able to bring forward a Zoning by-law to Committee and Council to establish
performance standards.
Acknowledging it is
Committee’s right to make changes, he suggested that the settlement be viewed
as a package. He advised that, while TDL
had indicated they would not object to the proposed amendment by Councillor
Feltmate with regards to Hearst Way, he did not know what the position of TDL
would take on any further changes.
Mr. Marc also wished
to clarify that Drive-throughs are a defined use in the Zoning by-law whereby
one can take advantage of the service by not getting out of the car. They are not limited to restaurants, and can
include a diverse range of services including the drive-through book drop off
at the Greenboro Library.
Michael Polowin, solicitor on behalf
of TDL, was present in support of the report recommendations. He noted that Councillor Feltmate’s proposed
amendment had been explained to him and he suggested it would not change his
characterization of the nature of the overall settlement.
In response to questions
from Councillor Doucet, Ms. Jessop confirmed that there would be no changes to
the potential for drive-throughs in his ward as a result of the
settlement. She explained that the
ability to build drive-throughs in Capital Ward is currently very limited, as
most of Bank St. is a Traditional Mainstreet zone, which does not permit
them. She clarified that drive-throughs
are currently permitted in the Arterial Mainstreet areas of the ward; however,
there would be no change to those permissions as part of the settlement.
Moved
by P. Feltmate:
That report number ACS2010-ICS-PLA-0025 is amended by
making the following change to Document 2 – Details of Recommended Zoning:
1.
In Document 2 –
Details of Recommended Zoning, add the following text to (s) Section 204 (1)
(a) IL 1, after the words, “permitted uses”:
“except for the lands zoned IL1 or IL1[XXX] along
Hearst Way.”
That there be no
further notice pursuant to Section 34 (17) of the Planning Act.
CARRIED
Committee
then approved the report recommendations, as amended:
That Planning and Environment Committee and
the Agriculture and Rural Affairs Committee recommend Council:
1. Approve and adopt an amendment to the Official Plan to
provide policies regarding permissions for drive-through facilities in the
Central Area and Village designations, as detailed in Document 1;
2. Approve amendments to Zoning By-law 2008-250 regarding
permissions for drive-through facilities and restaurant uses, as detailed in
Document 2, and forward a by-law incorporating the required amendments to the
Ontario Municipal Board.
3. That
report number ACS2010-ICS-PLA-0025 is amended by making the following change to
Document 2 – Details of Recommended Zoning:
i. In
Document 2 – Details of Recommended Zoning, add the following text to (s)
Section 204 (1) (a) IL 1, after the words, “permitted uses”:
“except for the lands
zoned IL1 or IL1[XXX] along Hearst Way.”
4. That
there be no further notice pursuant to Section 34 (17) of the Planning Act.
CARRIED,
as amended