Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
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 : Karen Currie,
Manager / Gestionnaire
Development Approvals / Approbation des
demandes d'aménagement
(613) 580-2424 x28310,
Karen.Currie@ottawa.ca
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SUBJECT: |
ZONING - 3760 Prince of Wales Drive
(FILE NO. D02-02-05-0138) |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment Committee
recommend Council approve an amendment to the former City of Nepean Zoning
By-Law to change the zoning of part of 3760 Prince of Wales from FG (Future
Growth) to FG Block X (Future Growth-Exception) as a temporary use for a period
of three years as shown in Document 1 and as detailed in Document 2.
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’ancienne Ville de Nepean en vue de changer la désignation de zonage d’une
partie du 3760, promenade Prince of Wales de FG (croissance future) à Fg bloc X
(croissance future – exception) aux fins d’une utilisation temporaire pour une
période de trois ans, tel qu’il est indiqué dans le document 1 et détaillé dans
le document 2.
BACKGROUND
An
application has been submitted for a 0.465-hectare portion of the property at
3760 Prince of Wales Drive for a Temporary Use By-law. The subject property is located on the west
side of Prince of Wales Drive, north of Rideau Valley Drive/Jockvale Road, and
south of Woodroffe Avenue in South Nepean.
The portion of the site subject to this application currently contains
two single-storey buildings for sales and storage, respectively. The site is currently on private services.
The site is surrounded by Beryl Gaffney Park to the east, a car dealership to
south, Capital Memorial Gardens (cemetery) to north, and the remainder of the
owner's farm to the west.
Since
the 1950s, the property has been used to grow produce of various types. This produce has been sold from an existing
building as a seasonal retail outlet for farm products produced on that
specific farm. This accessory sales of
farm products is permitted on a farm property.
The
applicant was charged with a Zoning By-law offence in August 2001 because
accessory buildings were being used as showrooms for a retail use. The FG (Future Growth) zone does not permit
this use. As a result, an application
for a zoning amendment to permit a permanent Garden Centre was submitted by the
applicant in March of 2002. Staff did
not support the rezoning on the basis that it did not conform with the policies
of the former City of Nepean Official Plan, and that a permanent rezoning would
not meet the intent of the Future Growth zone.
Since that time, the relevant sections of the City Council Approved
Official Plan have been approved and are in full force.
A new application for a Temporary Use Zoning amendment has been submitted for the site. The new application proposes a Temporary Use By-law for the subject site to permit retail sales of local and imported produce, garden sheds, lawn furniture, and other related products from existing buildings. The site is currently within the FG (Future Growth) zone, which does not permit this type of use. No new buildings are proposed as a result of this application. If approved, the Temporary Use By-law will be valid for a duration of three years.
DISCUSSION
City Council Approved and Former
Regional Official Plan
The subject site is designated as "General
Urban" in the City Council Approved Official Plan and former Regional
Official Plan. This designation permits
all types and densities of housing, as well as employment, shopping, service,
industrial, cultural, leisure, park and natural areas, entertainment, and
institutional uses. Non-residential
uses should be directed to locations where anticipated impacts on residential
development are minimized and can be adequately mitigated or otherwise
addressed. In addition, development
must achieve compatibility of form and function with surrounding
development. The proposed Temporary Use
By-law is of similar character to the existing semi-rural uses in the
surrounding area, which include a cemetery, car dealership, public park, and
sporadic rural residences. The proposal
is therefore compatible with the adjacent uses. Because the proposed temporary use will expire after a maximum of
three years, the long-term compatibility will be re-evaluated at such a time
when future development applications are received. The proposed temporary use will not compromise the future
development of the lands for General Urban purposes and as such is in
conformity with the Official Plan policies.
Prince of Wales Drive is designated as a Scenic
Entry Route in the City Council Approved Official Plan and the former Regional
Official Plan. Scenic Entry Routes are
intended to provide travelers with a favourable first impression of the City,
in that these routes are to be safe and attractive environments. Development applications should consider
such matters as building orientation, outside storage, access and egress,
landscaping, fencing, lighting, and signage to create an aesthetically pleasing
streetscape. In order to satisfy the
intent of the Scenic Entry Route policies, outdoor storage will be prohibited
within the required 10.5 metre front yard of the site. Adherence to this setback will reduce the
visual impact of the use on Prince of Wales Drive. No other physical changes to the site are proposed, and it is not
desirable to request further aesthetic changes to the existing site which would
affect the temporary nature of the use.
Private Services
The site is within the Urban
Boundary and is thus within the Public Service Area. Where no provision for public services exists, the City may
permit development on private services in defined Public Service Areas under
certain circumstances. It is
appropriate in this circumstance given that this development is temporary in
nature and will not compromise the long-term development of the area on public
services. In addition, this development
will be required to pay for connection to the public services as they become
available. Public services are not
currently available in the area of this site, and private services can be
adequately provided. Any future
development on the site will be evaluated in light of the the availability of
public services at that time. Staff are
confident that the proposed Temporary Use meets the policies for private
servicing.
City of Nepean Zoning By-law
100-2000
Current zoning for the site is FG
(Future Growth) in the former City of Nepean Zoning By-law. The intent of this zone is to clearly define
what land is within the long term urban envelope and to only allow uses that
would not limit the future development of the area. In the Future Growth zone, no person shall use any building,
structure or land in whole or in part except for agricultural use, a bed and breakfast,
for conservation use or for a detached dwelling. The proposed zoning will be a Temporary Use zone to permit an
"Outdoor and garden supplies sales centre" and will expire after a
period of three years.
The proposed Temporary Use is
compatible with surrounding development, can be adequately serviced by private
services, and will not compromise long-term development of the site. The proposal conforms with the relevant
policies of the Official Plans. As a
result, staff support this application.
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
APPLICATION PROCESS TIMELINE STATUS
The application was processed by the "On Time
Decision Date" established for the processing of Zoning By-Law amendments.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document
2 Details of Recommended Zoning
DISPOSITION
Corporate Services Department, City Clerk's
Branch to notify the owner David Welch, 7066 Third Line Road, R.R.#1 Kars,
ON K0A 1E0, 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
DETAILS OF RECOMMENDED ZONING
Notwithstanding
the permitted uses specified in Subsection 14:1:1 on lands zoned FG Block X,
the following temorary use shall also be permitted, for a period of time
commencing March X, 2006 and expiring March X, 2009.
-Outdoor and Garden Supplies Sales Centre
Furthermore, notwithstanding the zone requirements specified in Subsection 14:1:2, to the contrary, outdoor storage is prohibited within the YARD FRONT.