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,

 

2.12     Chapter 3.7 Villages is amended by adding the following policy:

 

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 :

 

2.12     La section 3.7.1, « Villages », est modifiée par l’ajout des politiques suivantes :

 

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

 

and

 

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    

OPA - Wards 5, 12, 14, 19, 20, 21

ZBA - City-wide

Ref N°: ACS2010-ICS-PGM-0025

 

 

SUBJECT:

OFFICIAL PLAN AMENDMENT - Policies regarding drive-through facilities (central area and villages);   zoning - permissions for drive-through facilities and restaurants (FILE NO. d01-01-09-0008 and d02-02-09-0097)

 

 

OBJET :

modification au plan officiel – politiques relatives aux services au volant (Secteur centre et villages); zonage – autorisations de services au volant et de restaurants

 

 

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.

 

 

BACKGROUND

 

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.”

 

The proposed Official Plan amendments will be in conformance with the preceding policies in the Provincial Policy Statement by permitting drive-through facilities only under certain circumstances, as part of an appropriate range of commercial uses, qualified by the application of appropriate development standards to ensure that the needs of pedestrians and cyclists are met, that impacts on adjacent residential uses are minimized and that there is no disruption of traffic flows.  The Official Plan amendment limits the permissions for drive-through facilities in certain designations, while the Site Plan Control approval process and provisions in the Zoning By-law provide an assurance that appropriate development standards are implemented.

 

The Provincial Policy Statement does not include policies that directly speak to restaurants and restaurant regulation, other than to indicate there should be an appropriate range and mix of uses for sustaining healthy, liveable and safe communities.

 

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.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

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.

 

 

CITY STRATEGIC PLAN

 

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.

 

 

TECHNICAL IMPLICATIONS

 

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

 

Planning and Growth Management to prepare the by-law for Recommendation 1 to adopt the Official Plan Amendment, forward to Legal Services, and undertake the statutory notification. 

 

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                                                                       

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Land use

Utilisation du sol

 

 

 

 

 

 

 

 

 

 

 

 

 


INDEX

 

 

The Statement of Components … … … … … … … … … … … … … … … … … … 

 

PART A – THE PREAMBLE

Purpose … … … … … … … … … … … … … … … … … … … … … … … … … .

Location … … … … … … … … … … … … … … … … … … … … … … … … … 

Basis … … … … … … … … … … … … … … … … … … … … … … … … … … .

 

PART B – THE AMENDMENT

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:

 

2.11     Chapter 3.6.6 Central Area is amended by adding the following policy:

 

11.       Within the Central Area, Zoning By-law amendments for new drive-through facilities will not be permitted by the Official Plan at locations where they would interfere with the intended function and form of the Central Area designation.  Proposals for new drive-through facilities within the Central Area designation will be subject to concurrent applications for a Zoning By-law amendment and site plan approval. Such applications will only be considered for approval in circumstances where: the location, design, and function of the drive-through facility, including the associated queues, maintains the intent of the Official Plan and any applicable Secondary Plan; does not change the continuity and character of the existing streetscape; considers the impact on the pedestrian and/or cycling orientation of the land use designation; and, where pedestrian movement into and through the site can be maintained.  Additional matters to be addressed may include: the nature of surrounding uses; the character of the area and theme of the street as set out in any applicable Secondary Plan; proximity to heritage resources; and, opportunities for the integration of the drive-through facility with other uses within the area.

 

2.12          Chapter 3.7 Villages is amended by adding the following policy (as amended at meeting of Agriculture and Rural Affairs Committee, 11 February 2010):

 

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.

 

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.


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.

 



            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

ACS2010-ICS-PGM-0025

                                                                         OPA - Wards 5, 12, 14, 19, 20, 21

                                                                                   ZBA - CITY-WIDE

 

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