4.       ZONING - 6922, 6932 AND 6960 FOURTH LINE ROAD

ZONAGE - 6922, 6932 ET 6960, CHEMIN FOURTH LINE


 

 

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

 

Rideau (21)

Ref N°: ACS2006-PGM-APR-0021

 

 

SUBJECT:

ZONING - 6922, 6932 and 6960 Fourth Line Road

(FILE NO. D02-02-05-0107)

 

 

OBJET :

ZONAGE - 6922, 6932 et 6960, chemin fourth line
(DOSSIER nO. D02-02-05-0107)

 

 

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.

 

 

ENVIRONMENTAL IMPLICATIONS

 

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.

 

 

RURAL IMPLICATIONS

 

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

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

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

 

 

DISPOSITION

 

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 1

 

LOCATION MAP                                                                                                                           

 


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