1.             ZONING – 2865 RIVERSIDE DRIVE

 

ZONAGE – 2865, PROMENADE RIVERSIDE

 

 

Committee recommendationS as amended

 

 

That Council approve an amendment to Zoning By law 2008-250 to change the zoning of 2865 Riverside Drive as shown in Document 1 by amending existing Exception [1768] as detailed in Document 2, and that Document 2 be amended as follows:

 

1.                  By adding the following as d), e) and f) to the list of proposed changes to existing Exception [1768]:

 

d)    By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, may not include the sale of non-pharmaceutical products”; 

 

e)     By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, may not include a display area”; and

 

f)     By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, must be located below the ground floor”.

 

2.         By adding the text “, as a principal use,” after the words “retail store limited to a pharmacy” in b) of the list of proposed changes to existing Exception [1768].

 

And that there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

 

RecommandationS MODIFIÉES DU Comité

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de modifier le zonage du 2865, promenade Riverside indiqué au document 1 en modifiant l’exception [1768] comme l’explique en détail le document 2, et que les modifications suivantes soient apportées au document 2 :

 

1.                  Ajout des paragraphes d), e) et f) ci-après à la liste des modifications projetées à l’actuelle exception [1768] :

 

d)      Insertion à la colonne V du passage « - a retail store limited to a pharmacy, as a principal use, may not include the sale of non-pharmaceutical products » (un magasin de détail limité à une pharmacie, comme utilisation principale, ne peut pas comprendre la vente de produits non pharmaceutiques);

 

 

e)      Insertion à la colonne V du passage «  - a retail store limited to a pharmacy, as a principal use, may not include a display area » (un magasin de détail limité à une pharmacie, comme utilisation principale, ne peut pas avoir de salle d’exposition);

 

f)      Insertion à la colonne V du passage « - a retail store limited to a pharmacy, as a principal use, must be located below the ground floor » (un magasin de détail limité à une pharmacie, comme utilisation principale, doit être situé sous le rez-de-chaussée).

 

2.                  Ajout des mots « , as a principal use, » (, comme utilisation principale,) après le passage « retail store limited to a pharmacy » (magasin de détail limité à une pharmacie) au paragraphe b) de la liste des modifications projetées à l’actuelle exception [1768].

 

Qu’aucun autre avis ne soit donné, conformément au paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

 

 

 

Documentation

 

1.         Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 5 January 2012 (ACS2012-ICS-PGM-0031).

 

2.         Extract of Draft Minutes, Planning Committee meeting of 24 January 2012.

 


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

05 January 2012 / le 05 janvier 2012

 

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: John Smit, Manager/Gestionnaire, Development Review - Urban Services/Examen des projets d'aménagement-Services urbains

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 13866  John.Smit@ottawa.ca

 

 

River Ward (Ward 16)

Ref N°: ACS2012-ICS-PGM-0031

 

 

SUBJECT:

ZONING – 2865 Riverside Drive

 

 

OBJET :

ZONAGE – 2865, promenade riverside

 

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to Zoning By‑law 2008-250 to change the zoning of 2865 Riverside Drive as shown in Document 1 by amending existing Exception [1768] as detailed in Document 2.

 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de modifier le zonage du 2865, promenade Riverside indiqué au document 1 en modifiant l’exception [1768] comme l’explique en détail le document 2.

 

 

BACKGROUND

 

The subject site is located at 2865 Riverside Drive on the east side of Riverside Drive between Brookfield Road to the north and Ridgewood Avenue to the south. The site has a total area of approximately 2.4 hectares and is currently occupied by a four-storey residential care facility, surface parking lots and landscaped areas.

The site is located directly across from Mooney’s Bay Park to the west and the surrounding neighbourhood is characterized by detached dwellings to the east, a neighbourhood shopping centre and a high-rise condominium building to the south, and commercial uses the north.

 

Proposed Development

 

Site Plan Control application D07-12-10-0259 approved the development of a new five-storey residential care facility to be located on the south eastern portion of the property with landscaping facing Riverside Drive and associated surface parking on the north eastern portion. The existing residential care facility on the site will be demolished upon completion and occupancy of the new facility. A pharmacy is proposed to be developed within this new facility.

 

The proposed pharmacy will be located within the basement of the new residential care facility. As the pharmacy is not intended to serve the public, neither a public entrance nor storefront will be developed. Based on the intended use as a distribution centre, the pharmacy will be staffed by approximately 12 employees and will prepare packages to be delivered two- to three-times daily. The delivery vehicle will use the approved loading driveway and, based on the proposed floor area of 200 m2, the pharmacy will require five parking spaces.

 

Purpose of Zoning Amendment

 

The purpose of the proposed Zoning By-law Amendment is to amend the existing zoning to facilitate the development of a pharmacy within the new approved residential care facility, as well as provide five front yard parking spaces.

 

The proposed amendment will enable the pharmacy to provide support services on-site as well as to residential care facilities and long-term care programs across the city while providing parking for employees of the pharmacy distribution centre as well as general overflow parking as required.

 

Existing Zoning

 

The site is zoned as R4N[1768] (Residential Fourth Density, Subzone N, Urban Exception 1768), which permits a wide mix of residential building forms ranging from detached to low-rise apartment dwellings. Urban Exception 1768 permits the additional use of a residential care facility and limits this facility to the zoning provisions of a low-rise apartment building. As a residential zone, retail uses are not permitted and parking spaces are not permitted to be located in required or provided front yards.

 

Proposed Zoning

 

The requested Zoning By-law Amendment proposes to change the zoning of the site by amending the current Urban Exception [1768] as follows:

 

 

It was determined that the proposed pharmacy meets the definition of ‘retail store’ pursuant to the Zoning By-law as goods will be sold directly to the consumer for their own use. It was also determined that it is appropriate to limit this retail use to a pharmacy located within the residential care facility and with a maximum gross floor area in order to maintain compatibility with the development on the site and the surrounding neighbourhood.

 

DISCUSSION

 

Planning Act and Provincial Policy Statement

 

Within Section 2 of the Planning Act, the provision of orderly and safe communities and the appropriate location of growth and development, among others, are identified as matters of provincial interest. Furthermore, the Planning Act requires that all planning decisions made by a municipality are consistent with the Provincial Policy Statement (PPS). As the guiding policy document for land use within the province, policies for the development of liveable communities and efficient use of land and resources are identified within the PPS.

 

The Department is of the opinion that the proposed Zoning By-law amendment is consistent with the matters of provincial interest as outlined in the Planning Act and the 2005 Provincial Policy Statement, which promotes efficient land use and development patterns to support strong, liveable and healthy communities. The proposal is an appropriate use of land that makes use of existing infrastructure and serves to increase services for the disabled and elderly.

 

Official Plan

 

The site is designated as General Urban Area within the Official Plan. This land use designation permits the development of a range and choice of housing types to meet the needs of all ages in combination with conveniently located retail and service uses. This designation also supports the development of uses that serve wider parts of the city to be located on the edges of neighbourhoods where vehicular needs can be more easily met and impacts controlled.

 

The proposed Zoning By-law amendment responds to the policies for the General Urban Area by allowing a complementary use to be incorporated into the new residential care facility. This new use will not only serve residents of the facility, but also residents and program users across the city. The site is conveniently located to provide easy access to major transportation routes within Ottawa while minimizing impact on the adjacent residential neighbourhood.

 

The General Urban Area designation requires that development have regard for the compatibility criteria found in Section 2.5.1 of the Official Plan and that development applications be reviewed and evaluated in the context of Section 4.11. Policies within these sections include those regarding the applicability of existing design guidelines, secondary plans and community design plans for the site, as well as design objectives. Further policies address traffic, vehicular access, parking, amenity area, lighting, noise and neighbourhood services.

 

 

 

The new residential care facility to be developed on the site was evaluated and approved having regard to these policies through the Site Plan Control process.

The proposed Zoning By-law amendment does not impact the approved site layout or landscaping, and does not require any further examination in regard to traffic, noise or parking.

 

Traffic Issues

 

All parking and vehicular traffic for the proposed pharmacy can be accommodated within the approved parking layout and traffic circulation for the site.

 

The proposed five front yard parking spaces have been reviewed and it was determined that these parking spaces are sufficiently screened from adjacent properties and Riverside Drive.

 

Conclusion

 

In summary, staff are satisfied that the proposed change of 2865 Riverside Drive is consistent with the policies of the Planning Act, Provincial Policy Statement and the Official Plan.  Therefore, the requested Zoning By-law amendment is recommended for approval.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. The comments received can be seen in Document 3.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

Councillor McRae is aware of the application and report.

 

LEGAL IMPLICATIONS

 

There are no legal implications associated with this report.

 

RISK MANAGEMENT IMPLICATIONS

 

There are no risk management implications associated with this report.

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 


 

ACCESSIBILITY IMPACT

 

There are no direct accessibility implications associated with this report.

 

ENVIRONMENTAL IMPLICATIONS

 

There are no environmental implications associated with this report.

 

TECHNOLOGY IMPLICATIONS

 

N/A

 

CITY STRATEGIC PLAN

 

The proposed development and planning application is consistent with the City Strategic Plan in that it is complementary to the development on the site while providing a service to residents city-wide.

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was processed by the “On Time Decision Date” established for the processing of Zoning By-law Amendment applications.

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

Document 3    Consultation Details

Document 4    Approved Site Plan

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON  K1Z 8B5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code:  26-76) of City Council’s decision.

 

Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

 

Legal Services to forward the implementing by-law to City Council.


LOCATION MAP                                                                                                   DOCUMENT 1

 

 

DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2

 

Proposed Changes to the Comprehensive Zoning By-law

 

1.      Amend Exception [1768] of Section 239 – Urban Exceptions as follows:

 

a)      By inserting in Column III the text “- retail store limited to a pharmacy”;

 

b)      By inserting in Column V the text “- retail store limited to a pharmacy must be located in the same building as a residential care facility and must not exceed 200 m2 in gross floor area”;

 

c)      By inserting in Column V the text “- despite Section 109(3)(a), five parking spaces are permitted in the provided front yard”.

 

 


CONSULTATION DETAILS                                                                               DOCUMENT 3

 

NOTIFICATION AND CONSULTATION PROCESS

 

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments. 

 

 

PUBLIC COMMENTS

 

1.                  A total of four comments were received from residents in support of the proposed pharmacy and front yard parking spaces with discussion that it is in the public interest, represents good planning and is in conformity with the provisions of the Official Plan.

 

2.                  Concerns were raised about the overall zoning of the property, which permits development up to four storeys on the whole property. It was suggested that the zoning on the portion of the property to be landscaped and used for parking be rezoned to limit the height to three storeys with a minimum 15 metre setback from the rear yards of Egan Road properties.

 

3.                  Concerns were raised regarding views from Egan Road properties and it was suggested that property evaluations of all houses on Egan Road should be reduced due to the vision encroachment of the new building and overall zoning of the site.

 

4.                  Concerns were raised in regard to an increase of traffic in the area resulting in more pollution and noise.

 

5.                  Concerns were raised in regard to the proposed pharmacy competing with surrounding retail uses.

 

6.                  Concerns were raised in regard to the tax rate for the proposed pharmacy within the residential care facility in comparison to tax rates of surrounding stand-alone retail uses.

 

7.                  Concerns were raised in regard to sufficient parking spaces being allocated to the proposed pharmacy.

 

8.                  Concerns were raised in regard to the pharmacy not being part of the Site Plan Control process that was undertaken for the new residential care facility.

 

Response to Comments

 

1.                  Comments in support of the proposed pharmacy and front yard parking have been noted.

 

2.                  Staff have reviewed this comment and determined that the zoning provisions on the site regarding height and setbacks are appropriate at this time. Furthermore, any further development on the site will be required to go through Site Plan Control at which time residents may have the opportunity to comment.

 

 

3.                  At this time, the City of Ottawa does not have policies in place for view protection.

 

4.                  The proposed pharmacy distribution centre is not intended for public access. As such, staff are satisfied that there will not be an increase in traffic.

 

5.                  The proposed pharmacy is not intended for public access.

 

6.                  This comment has been passed on to the appropriate department as it is not regulated through the Zoning By-law Amendment process.

 

7.                  There is sufficient parking provided on site to meet the requirements for both the residential care facility and the proposed pharmacy.

 

8.                  The Site Plan Control process approved the site layout and landscaping of the proposed residential care facility and no changes to the approved development are proposed as part of the Zoning By-law Amendment. Additionally, it is important to note that a change of use to a permitted use is not subject to public consultation and may be undertaken at any time so long as parking requirements and any other applicable regulations are met. As the pharmacy is not a permitted use, a Zoning By-law Amendment application has been submitted so that this use can be carried out within the approved building.


APPROVED SITE PLAN                                                                                   DOCUMENT 4

 


ZONING – 2865 RIVERSIDE DRIVE

ZONAGE – 2865, PROMENADE RIVERSIDE

ACS2012-ICS-PGM-0031                                                         RIVER / RIVIÈRE (16)

 

 

 

REPORT RECOMMENDATION

 

That the Planning Committee recommend Council approve an amendment to Zoning By law 2008-250 to change the zoning of 2865 Riverside Drive as shown in Document 1 by amending existing Exception [1768] as detailed in Document 2.

 

Francois Bouchard, of The Country Grocer, was opposed to the report recommendations as presented, but in support of the below-noted motion.

 

Wendy Brawley, Barry J. Hobin and Associates, was present for the applicant in support of the application.  She indicated their agreement with the motion.

 

Moved by Councillor B. Monette:

 

MOTION NO. PLC 27/6

 

WHEREAS Report ACS2012-ICS-PGM-0031 recommends certain zoning changes to the existing exception applicable to the lands known municipally as 2865 Riverside Drive;
AND WHEREAS the Ward Councillor has requested a change to the Details of Recommended Zoning (Document 2) of the said Report ACS2012-ICS-PGM-0031 to include further zoning restrictions for the proposed retail store limited to a pharmacy;

 

AND WHEREAS staff has reviewed the wording and agrees to the proposed change to said Report;

 

NOW THEREFORE BE IT RESOLVED THAT Committee approve the following changes to Report ACS2012-ICS-PGM-0031:

 

That Document 2 be amended as follows:

 

1.                  By adding the following as d), e) and f) to the list of proposed changes to existing Exception [1768]:

 

 

 

 

d)         By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, may not include the sale of non-pharmaceutical products”; 

 

e)         By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, may not include a display area”; and

 

f)         By inserting in Column V the text “- a retail store limited to a pharmacy, as a principal use, must be located below the ground floor”.

 

2.         By adding the text “, as a principal use,” after the words “retail store limited to a pharmacy” in b) of the list of proposed changes to existing Exception [1768].

 

That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                CARRIED

 

The report recommendation was put to Committee and CARRIED, as amended by motion No. PLC 27/6.