4. ZONING - 6922,
6932 AND 6960 FOURTH LINE ROAD |
Committee recommendation
That Council approve an amendment to
the former Township of Rideau Zoning By-law to change the zoning of
6922 and 6932 Fourth Line from M-General Industrial and A2-General Rural
to A2-Y General Rural Exception and 6960 Fourth Line Road from A2-General Rural
to M-X General Industrial Exception and A2-X General Rural Exception as shown
in Documents 1 and 4
and as detailed in Document 3.
Recommandation du Comité
Que le Conseil
approuve une modification au Règlement de zonage de l’ancien Canton de Rideau
en vue de changer la désignation de zonage du 6922 et du 6932, chemin Fourth
Line de M, zone industrielle générale, et de A2, zone rurale générale, à A2-Y,
zone rurale générale assortie d’une exception, et celle du 6960, chemin Fourth
Line, de A2, zone rurale générale, à M-X, zone industrielle générale assortie
d’une exception, et à A2-X, zone rurale générale assortie d’une exception, tel
qu’il est indiqué dans les documents 1 et 4 et détaillé dans le document 3.
For the information of
council
Committee Chair Hume read a statement required under the Planning Act, wherein he advised that anyone who intends 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. No delegations were present.
Pour la gouverne du Conseil
Le conseiller Hume, président du
Comité, a lu un énoncé en vertu de la Loi sur l’aménagement du territoire,
stipulant que quiconque souhaite interjeter appel auprès de la Commission des
affaires municipales de l’Ontario (CAMO) de la modification proposée au
Règlement de zonage doit exprimer ses objections à la réunion publique ou
soumettre ses commentaires par écrit avant que la modification ne soit adoptée
par le Conseil municipal, faute de quoi son appel pourrait être rejeté par la
CAMO. Aucune délégation n’était présente.
Documentation
1. Deputy City Manager's report (Planning
and Growth Management) dated
15 December 2005 (ACS2006-PGM-APR-0021).
Report to/Rapport au :
Planning and
Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
15 December 2005 / le 15 décembre 2005
Submitted by/Soumis par : Ned
Lathrop, Deputy City Manager /
Directeur municipal adjoint
Planning and Growth Management / Urbanisme et Gestion de la croissance
Contact Person/Personne ressource : Grant Lindsay,
Manager / Gestionnaire
Development Approvals / Approbation
des demandes d'aménagement
(613) 580-2424 x13242,
Grant.Lindsay@ottawa.ca
SUBJECT: |
ZONING - 6922, 6932 and 6960 Fourth
Line Road (FILE NO. D02-02-05-0107) |
|
|
OBJET : |
ZONAGE - 6922, 6932 et 6960, chemin
fourth line |
REPORT
RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former Township of
Rideau Zoning By-law to change the zoning of 6922 and 6932 Fourth Line
from M-General Industrial and A2-General Rural to A2-Y General Rural Exception
and 6960 Fourth Line Road from A2-General Rural to M-X General Industrial
Exception and A2-X General Rural Exception as shown in Documents 1 and 4 and as detailed in
Document 3.
RECOMMANDATION DU
RAPPORT
Que le Comité de l’urbanisme et de
l’environnement recommande au Conseil d’approuver une modification au Règlement
de zonage de l’ancien Canton de Rideau en vue de changer la désignation de
zonage du 6922 et du 6932, chemin Fourth Line de M, zone industrielle générale,
et de A2, zone rurale générale, à A2-Y, zone rurale générale assortie d’une
exception, et celle du 6960, chemin Fourth Line, de A2, zone rurale générale, à
M-X, zone industrielle générale assortie d’une exception, et à A2-X, zone
rurale générale assortie d’une exception, tel qu’il est indiqué dans les
documents 1 et 4 et détaillé dans le document 3.
BACKGROUND
The subject Zoning By-law amendment seeks to correct
conformity issues on two separate properties.
The properties (6922, 6932 and 6960
Fourth Line Road) are located on the west side of Fourth Line Road south
of Lockhead Road West (see Document 1).
Early this year sStaff recently met with the owners of the subject property B & M
Carriers Limited to discuss a revision to a previously approved
site plan to add two industrial buildings to their existing operation located
at 6960 Fourth Line Road. B. & M
Carriers Limited is the registered owner of The site is approximately
34 hectares of landin size and and the
current uses are operates explosives
handling, , sstorage of farm produce and
accessory transportation business at this address..
Upon review of the proposal it was
discovered that the lands were not appropriately zoned for the uses proposed
and the uses currently operating on site.
It appears that 6960 Fourth Line Road has been permitted to expand
over the years without the benefit of appropriate zoning. Site Plans, however, have been were approved by the former Township of Rideau. .
Early in 1992 tThe owner approached the
former Township of Rideau in
1992 to recognize the uses which had been therein existence for over 20 years and to allow for
expansion of 6960 Fourth Line Road.
Information obtained from the former Township files indicated that the
uses at that time were a cartage and transport yard, warehousing and explosive
storage. Rather than a site specific oOfficial pPlan amendment, the
Township addressed this discrepancy in a comprehensive review of their oOfficial pPlan.
In October 1992 the Township adopted
a comprehensive update to their Official Plan which re‑designated the
subject lands to Industrial. The
Official Plan Update was forwarded to the approval authority (Region of
Ottawa-Carleton) for approval. As a
result of the Township’s decision to redesignate 6960 Fourth Line Road, the
land owner filed a zoning amendment to bring into conformity the existing uses. The Zoning By-law amendment was put on hold
by the Township pending the approval of the Official Plan by the former Region of
Ottawa-Carleton, which subsequently occurred in 1995.
Almost three years passed between
the filing of the Zoning By-law amendment and the RMOC approval of the Township
Official Plan. It appears the finalization
of the Zoning By-law amendment was not undertaken by the Township. Since that time a number of buildings have
been permitted on the site.
The second part of this zoning
amendment involves lands located adjacent to (north) the subject site. These lands have an area of approximately 12.46 hectares and are
known as 6922 and 6932 Fourth Line Road.
Approximately a 2.1 hectare rectangular area of the this property is
zoned M-Industrial while the remainder of the property is zone A2-General
Rural. The current structures on the property are uses on the
property is a single family dwelling and a barn. There are no records of a rezoning having
ever being approved for this site.
Antidotally, it has been suggested to the City that
the M-Industrial zone on the property was approved erroneously;
potentially a schedule error noted the M zone residentially/agricultural used
lands while the industrial used lands to the south were zoned A2.
DISCUSSION
1. Rezoning
of 6960 Fourth Line Road
Zoning By-law amendment has been initiated by
the City of Ottawa to bring into conformity uses on properties located at
6922-6932 and 6960 Fourth Line RoadThe land subject of this
amendment is designated "Agricultural Resource Area" in the City
Council Approved Official Plan. It is
noted that the property known as 6960 Fourth Line Road was designated
"Industrial" in the former Township of Rideau Official Plan.
The current uses of the property located at
6960 Fourth Line Road, are the handling and storage of explosives,
storage/warehousing and accessory transportation business and office. In addition to recognizing the current uses
the owner is requesting permission for a separate building to allow for the
mixing of blasting agents and a wash bay facility for the trucks.
The current operation for storing/handling
explosives is subject to Federal Government Regulations enforced by the
Department of Natural Resources Canada (NRCAN). The appropriate
permits/licenses are in place for the existing operation. The request to provide an enhanced
preparation process is also regulated by NRCAN. According to NRCAN staff the blasting agents, also known as
Ammonium Nitrate Fuel Oil (ANFO) is widely used as an explosive in coal mining,
quarrying, metal mining, and civil construction. The mixture has a high stability and requires a boosting agent
for detonation.
The owner has applied to the Explosives
Regulatory Division of Natural Resources Canada for the appropriate
License. All aspects with regard to
environmental hazards, design, location, transportation, distance requirements
from adjacent uses and security are reviewed and regulated by the NRCAN. It is noted that the environmental screening
was completed June 1, 2005.
The NRCAN has advised that the licensing of
such facilities can be subject to a more stringent set of guidelines and that
licensing is not guaranteed and must be acceptable to the municipality.
With respect to conformity to the City Council
Approved Official Plan the uses currently on site and the additional uses
proposed are considered similar to what already exists. They will not remove additional lands from
the Agricultural Resource area and will not further conflict with adjacent
operations. There will be no noticeable
difference in the level of activity on site due to changes to the explosives
handling/storage operation.
An Industrial exception zone and a General
Rural exception zone are proposed to bring into conformity 6960 Fourth Line
Road. The partitioning of the zones is
in accordance with the areas designated as per the former Township of Rideau
Official Plan. The Industrial exception
zone will recognize existing and proposed uses as detailed in this report. It will address all deficiencies in yard
requirements with respect to the storage buildings, allow a maximum building
height of 13 metres and remove residential uses as a permitted use. The General Rural exception zone will
recognize the reduced lot area, lot frontage and remove residential uses as a
permitted use.
2. Rezoning of 6922 and 6932 Fourth Line
Road
The
land subject of this amendment is designated "Agricultural Resource
Area" in the City Council Approved Official Plan and "Agricultural
Resource" in the former Township of Rideau Official Plan. A portion of the property is zoned M-General
Industrial while the remainder of the lot area is zoned A2-General Rural. There currently exists a single detached
dwelling and a barn on the property.
There are no industrial uses operating on these lands. The owner has requested that these lands be
rezoned to more appropriately reflect the existing use.
To
establish conformity 6922 and 6932 Fourth Line Road, both the A2 General Rural
and M-General Industrial zones will be replaced with a General Rural exception
zone. This exception zone will address
the reduced lot area and a deficiency in the required rear yard for the
existing barn. The recommended zoning
is in conformity with the City Council Approved Official Plan.
Staff recommends approval of the Zoning By-law
amendment as it brings into conformity the existing uses, which were recognized
as permitted uses in former Township Official Plan. As for the request to
permit a facility for the mixing of blasting agents and a wash bay, these uses
are considered coincidental to what already exists. Any changes to the operational aspects or practices of the
handling of explosives is reviewed and licensed by the Department of Natural
Resources Canada.
The Canadian Environmental Assessment Act (CEAA)
requires that the Department of Natural Resources Canada, Explosives Regulatory
Division conduct an Environmental Assessment (EA) before a licence is issued
(and or amended) and prior to any irrevocable decision being made. An environmental screening of
the property was completed on June 1, 2005.
Aside from mandated safety procedures and
standards the owner is also subject to reporting to the National Pollutant
Release Inventory (the “NPRI”). The
NPRI is a nation-wide, publicly accessible database of information on annual
releases to air, water, land and disposal or recycling from private industry
and government. Under the authority of
the Canadian Environmental Protection Act, 1999, owners or operators of
facilities that manufacture, process or otherwise use one or more of the
NPRI-listed substances under prescribed conditions are required to report to
the NPRI.
Since the acquisition of this property in 1971 the
current owner, there are no records of reported problems such as offensive
noises or noxious materials emanating from this site. The additional uses proposed are consistent with the existing
operation. The recognition of these
uses will allow this rural business to stay in its existing location.
CONSULTATION
Notice of
this application was carried out in accordance with the City’s Public
Notification and Consultation Policy. The Ward Councillor is aware of this
application and the staff recommendation.
The City did not receive any negative comments or opposition to this
application.
FINANCIAL IMPLICATIONS
The application was not processed by the "On
Time Decision Date" established for the processing of Zoning By-Law
amendments due to the cancellation of the targeted Planning and Environment
Committee meeting of December 13, 2005.
SUPPORTING DOCUMENTATION
Document 1 Location Map/Proposed Zoning
Document 2 Explanatory
Note
Document 3 Details
of Recommended Zoning
Document 4 Zoning
Schedule
Corporate Services Department, City
Clerk's Branch to notify the owner B & M Carrier Ltd. Attention: Remi
Lapierre, 6960 Fourth Line Road, North Gower, ON K0A 2T0, applicant Holzman
Consultants Inc., 1076 Castle Hill Crescent, Ottawa, ON K2C 2A8,
Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5 and Ghislain
Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code:
26-76) of City Council’s decision.
Planning and Growth Management Department to
prepare the implementing by-law, forward to Legal Services Branch and undertake
the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council.
Document 2
EXPLANATORY NOTE
By-law Number 2006- amends Zoning By-law 2004-428 of
the former Township of Rideau. The
amendment affects properties at 6922, 6932 and 6960 Fourth Line Road, which are
located on the west side of Fourth Line Road south of Lockhead Road West.
The application will rezone property
located at 6922 and 6932 Fourth Line Road from A2-General Rural and M‑General
Industrial to A2-Y General Rural Exception.
The amendment will bring into conformity the existing uses (single
detached residence and barn.) on site.
The application will re-zone
property located at 6960 Fourth Line Road from A2-General Rural to M-X General
Industrial Exception and A2-X General Rural Exception #. The amendment will bring into conformity the
existing uses (handling/storage of explosives, warehouse, accessory
transportation business and office. In
addition to the existing uses a facility for mixing blasting agents and a wash
bay facility for the washing of trucks will also be included in the amendment.
Further that portion of the site zoned A2-X will address the reduction in lot
frontage and area, and remove all residential uses.
For further information please,
contact Jeff Ostafichuk at 613-580-2424 ext. 31329.
Jeffrey.Ostafichuk@ottawa.ca.
Document 3
DETAILS OF RECOMMENDED ZONING
The property at 6922 and 6932 Fourth Line Road is to
be rezoned from A2-General Rural and M-General Industrial to A2-Y General Rural
exception as illustrated in Document 1.
The A2-Y General Rural exception will address the reduced lot area and
the location of the existing barn as it pertains to the required rear yard
setback.
Lot
Area (minima): Other
Uses 12.5 ha
The
rear yard setback for the existing barn will be 5.5 metres minimum.
The
property at 6960 Fourth Line Road is to be rezoned from A2-General Rural to M-X
General Industrial exception and A2-X General Rural exception as illustrated in
Document 1.
The
M-X General Industrial exception zone will permit the following uses:
Residential
Uses: Not
permitted
Non-Residential
Uses: an
assembly plant;
a
business office accessory to a permitted use;
a
cartage or transport yard;
a
contractor's or tradesmans's shop or yard;
a
fabricating plant;
a
fuel storage tank or supply yard;
a
manufacturing plant;
a
maintenance garage;
a
processing plant;
a
warehouse;
a
retail outlet accessory to a permitted use.
Building
Height (maxima): Other
Uses: 13 metres
The
exception will also include the following yard requirements as illustrated in
Document 4.
The
minimum interior side yard width for the existing storage building P4 will be
7.2 metres.
The
minimum interior sideyard width for the existing storage building P3 will be
7.6 metres.
The
exceptions to the A2-X General Rural exception zone are as follows:
Residential
uses: Not
permitted
Lot
area (minima): 10.2
hectares
Lot
Frontage (minima): 0
metres
Document 4
ZONING SCHEDULE