7. ZONING - 8411 RUSSELL ROAD

ZONAGE - 8411, CHEMIN RUSSELL

COMMITTEE RECOMMENDATION AS AMENDED

That Council approve an amendment to the former City of Cumberland Rural Zoning By-Law to change the zoning of 8411 Russell Road from Rural Industrial Park/Agricultural (MP/AGR) to Rural Industrial (MP) and Rural Industrial Exception (MP-X5) as shown in Document 1 and detailed in Document 2, subject to the following amendments:

That Revised Document 1 be approved.

That the last line of Document 2 be replaced by the following: "This amendment will also modify Schedule "O" of By-Law No. 64-82 to reflect Areas "A", "B", "C" and "D" as shown on Document 1.

That, pursuant to subsection 34 (17) of the Planning Act, no further notice be given.

RECOMMANDATION MODIFIée DU COMITÉ

Que le Conseil approuve une modification au Règlement de zonage rural de l'ancienne Ville de Cumberland en vue de modifier le zonage du 8411, chemin Russell de Parc industriel rural/Agricole (MP/AGR) à Industriel rural (MP) et Industriel rural - Exception (MP-X5), comme il est représenté dans le document 1 et précisé dans le document 2, sous réserve des modifications suivantes :

1. Que le document 1 revu soit approuvé.

2. Que la dernière ligne du document 2 soit remplacée par ce qui suit : « La présente modification transformera également l’annexe O du Règlement n^o 64‑82 pour tenir compte des secteurs A, B, C et D, comme l’illustre le document 1.

3. Qu’aucun autre avis ne soit donné aux termes du paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

Documentation

1. Development Services Department General Manager’s report dated 8 October 2003 (ACS2003-DEV-APR-0215).

2. Extract of Draft Minutes, 23 October 2003.

Report to/Rapport au :

Planning and Development Committee

Comité de l'urbanisme et de l'aménagement

and Council / et au Conseil

8 October 2003 / le 8 octobre 2003

Submitted by/Soumis par : Ned Lathrop, General Manager/Directeur général,

Development Services/Services d'aménagement

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310, Karen.Currie@ottawa.ca

Ref N°: ACS2003-DEV-APR-0215

SUBJECT:	ZONING - 8411 RUSSELL ROAD

OBJET :	ZONAGE - 8411, CHEMIN RUSSELL

REPORT RECOMMENDATION

[U1]

That the Planning and Development Committee recommend Council approve an amendment to the former City of Cumberland Rural Zoning By-Law to change the zoning of 8411 Russell Road from Rural Industrial Park/Agricultural (MP/AGR) to Rural Industrial (MP) and Rural Industrial Exception (MP-X5) as shown in Document 1 and detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'aménagement recommande au Conseil d'approuver une modification au Règlement de zonage rural de l'ancienne Ville de Cumberland en vue de modifier le zonage du 8411, chemin Russell de Parc industriel rural/Agricole (MP/AGR) à Industriel rural (MP) et Industriel rural - Exception (MP-X5), comme il est représenté dans le document 1 et précisé dans le document 2.

BACKGROUND

[U2]

The subject lands are located in the Bearbrook Industrial Subdivision which contains a mix of Rural Industrial, Tourist Establishment and Agricultural uses. The principal use within this development is the Bearbrook Farm, an exotic animal farm which operates with ancillary banquet facilities, a bed and breakfast, gift shop and meat shop. The subdivision is located at the northeast corner of Russell Road and McNeely Road.

The subject lands are more specifically located along the west side of Herbert Drive and are shown as Areas "A", "B" and "C" in Document 1. "Area A" contains an abattoir with associated livestock facilities. "Area B", located south of "Area A", contains a warehouse. "Area C", located south of "Area B", is vacant.

Existing Zoning

[U3]

"Area A" is presently zoned Rural Industrial Park/Agricultural - Exception 7 (MP/AGR-X7), which allows, in addition to Rural Industrial and Agricultural uses, an abattoir.

"Area B" is presently zoned Rural Industrial Park/Agricultural (MP/AGR), which allows Rural Industrial and Agricultural uses.

"Area C" is presently zoned Rural Industrial Park - Exception 3 /Agricultural (MP-X3/AGR), which allows, in addition to Rural Industrial and Agricultural uses, the Sale and Service of Refrigeration Equipment.

Proposed Zoning

[U4]

Areas A, B and C on Document 1 each contain dual zoning permitting specific combinations of agricultural and industrial uses. This amendment would remove the agricultural component of the zoning on all three. The proposed zoning will recognize existing uses on Areas A and B and will eliminate potential conflicts that could arise with the introduction of new agricultural uses.

This application was prompted by a request to create a new lot encompassing the existing warehouse found within Area B. The creation of any new lot within an Agricultural Resource Area is subject to compliance with the Minimum Distance Separation Requirements (MDS II). With the current dual zoning, the proposed lot would not conform to MDS II due to the potential for new agricultural uses on the adjoining parcels. The abattoir found on Area A is specifically exempt from the MDS II separation requirements, however its buildings and livestock pens could easily be converted into an agricultural use, thereby generating a conflict. The removal of "agriculture" as a permitted use through this rezoning application eliminates the possibility of this conflict and will enable the severance to proceed.

The MP-X5 Zone proposed on Area A will restrict the use of the property to an abattoir and warehouse. The MP Rural Industrial Park Zone is proposed on Areas B and C.

DISCUSSION

According to the City Council Adopted Official Plan, the Regional Official Plan and the former City of Cumberland Official Plan, the subject land is designated "Agricultural Resource Area". This designation is intended to protect the major areas of agricultural production and other lands suitable for agriculture from loss to other uses. It also ensures that uses that would result in conflicts with agricultural operations are not established in productive farming areas.

The Bearbrook Industrial Subdivision contains a mix of Rural Industrial, Tourist Establishment and Agricultural uses. The proposed amendments will not have the effect of allowing additional uses that could conflict with agriculture. By not allowing the introduction of new agricultural uses, the proposed amendments will have the effect of reducing the potential for conflicts between the existing uses and any new permitted use within the Industrial Subdivision.

RURAL IMPLICATIONS

[U5]

The proposed amendment helps to ensure the viability of existing agriculturally related industries. It also facilitates the division of land within an exiting rural industrial subdivision, thereby introducing greater diversity in the rural economy.

CONSULTATION

[U6]

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application. The Ward Councillor is aware of this application and the staff recommendation. The City did not receive any negative comments or opposition to this application.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was not processed within the time frame established for the processing of Zoning By-Law amendments due to staff resource issues and due to revisions to the associated Part Lot Control and Site Plan Approval Applications.

SUPPORTING DOCUMENTATION

[U7]

Document 1 Proposed Zoning Map

Document 2 Details of Recommended Zoning

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the owner: Inge Henn, 8411 Russell Road, K4B 1J1, Cumberland, Agent: Annis O'Sullivan Vollebeck, Ontario Land Surveyors, 225 Industrial Street, P.O. Box 579, Embrun, Ontario, K0A 1W0, All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council's decision.

Development Services Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

PROPOSED ZONING MAP REVISED - Document 1

DETAILS OF RECOMMENDED ZONING Document 2

This amendment will have the effect of adding the following paragraph to Subsection 9.2 of By-Law No. 64-82:

g) MP-X5 RURAL INDUSTRIAL PARK - EXCEPTION FIVE

Notwithstanding Subsection 9.2 (a), only the following uses shall be permitted on lands zoned MP - X5:

- Abattoir and associated holding pens, feed areas and bedding areas

- Warehouse

This amendment will also modify Schedule "O" of By-Law No. 64-82 as shown on Document 1.

ZONING - 8411 RUSSELL ROAD

ZONAGE - 8411, CHEMIN RUSSELL

ACS2003-DEV-APR-0215 CUMBERLAND (19)

Chair Hunter began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal this proposed Zoning By-law Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB.

Chair Hunter noted there was a technical amendment on the recommendations contained in departmental report dated 8 October 2003.

Moved by Councillor S. Little:

THAT Zoning Report ASC2003-DEV-APR-0215 be amended as follows:

1. That Document 1 be replaced by the attached map.

2. That the last line of Document 2 be replaced by the following: “This amendment will also modify Schedule “O” of By-Law No. 64-82 to reflect Areas “A”, “B”, “C” and “D” as shown on Document 1.

3. AND BE IT FURTHER RESOLVED that, pursuant to subsection 34 (17) of the Planning Act, no further notice be given.

CARRIED

The recommendation was approved as amended.

That Document 1 be replaced by the attached map.

That the last line of Document 2 be replaced by the following: "This amendment will also modify Schedule "O" of By-Law No. 64-82 to reflect Areas "A", "B", "C" and "D" as shown on Document 1.

AND BE IT FURTHER RESOLVED that, pursuant to subsection 34 (17) of the Planning Act, no further notice be given.

CARRIED as amended

~~CONSULTATION DETAILS Document 4~~