1.             ZONING - 6155 ROCKDALE ROAD

 

zonage – 6155, chemin rockdale

 

 

 

COMMITTEE RECOMMENDATION AS AMENDED

 

That Council approve an amendment to the former Cumberland Rural Zoning By-Law to change the zoning of a portion of 6155 Rockdale Road from Highway Commercial (HC) to Highway Commercial - Exception x (HC - x), as shown in Document 1 and as detailed in Document 2, as amended by the following:

 

That restriction 3 be deleted from Document 2. 

 

 

 

 

 

Recommandation MODIFIÉES du comi

 

Que le Conseil municipal approuve une modification au Règlement de zonage de l’ancienne Ville de Cumberland afin de changer la désignation de zonage d’une partie du 6155, chemin Rockdale de zone de commerces routiers (HC) à zone de commerces routiers, exception x (HC – x), tel qu’il est indiqué dans le document 1 et souligné dans le document 2, sous réserve de ce qui suit :

 

Que la restriction 3 soit supprimée du Document 2. 

 

 

 
Documentation

 

1.                  Deputy City Manager, Planning and Growth Management report dated 25 April 2006 (ACS2006-PGM-APR-0084).

 

2.         Extract of Draft Minutes 27, Agriculture and Rural Affairs Committee meeting of May 25, 2006.

 


Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

 

and Council / et au Conseil

 

25 April 2006/ le 25 avril 2006

 

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

 

Cumberland (19)

Ref N°: ACS2006-PGM-APR-0084

 

 

SUBJECT:

ZONING - 6155 Rockdale road

 

 

OBJET :

ZONAGE - 6155, chemin rockdale

 

 

REPORT RECOMMENDATION

 

That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Cumberland Rural Zoning By-Law to change the zoning of a portion of 6155 Rockdale Road from Highway Commercial (HC) to Highway Commercial - Exception x (HC - x), as shown in Document 1 and as detailed in Document 2. 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité d'agriculture et des questions rurales recommande au Conseil d’approuver une modification au Règlement de zonage de l’ancienne Ville de Cumberland afin de changer la désignation de zonage d’une partie du 6155, chemin Rockdale de zone de commerces routiers (HC) à zone de commerces routiers, exception x (HC – x), tel qu’il est indiqué dans le document 1 et souligné dans le document 2.

 

BACKGROUND

 

The subject site is located one kilometre south of the Village of Vars at the northeast corner of Rockdale and Russland Roads.  The land in question is vacant and forms part of a larger property known municipally as 6155 Rockdale Road.  This larger property consists of lands zoned Highway Commercial (HC) as well as lands zoned Agriculture (AGR).  Through this Zoning By‑law amendment, the portion of land zoned Highway Commercial (approximately 64,133 m2) will be rezoned from HC to HC- Exception X, to permit a School Bus Depot and Repair Facility.

 

DISCUSSION

 

City Council Approved Official Plan

 

According to the City Council Approved Official Plan, the land being considered for rezoning is designated “General Rural Area".  The General Rural Area contains a variety of land uses, such as farms, rural housing, wood lots and forests, small industries, golf courses, and in many places, small clusters of residential and commercial development.  The intent of this designation is to accommodate a variety of land uses that are appropriate for a rural location where such development will not preclude continued agricultural and non-residential uses.  A Zoning By-law amendment is required where a School Bus Depot is proposed in a General Rural Area. 

 

Former Regional Official Plan Designation / Policies

 

According to the former Regional Official Plan the subject land is designated “General Rural Area”.  The General Rural Area is land that has less resource potential than other parts of the rural area.  However, it is still important to ensure that development is sensitive to the environment.  Industrial and commerical uses that require larger land areas that are not appropriate to locate in Villages are located in General Rural Areas.  Council shall not consider any development on the basis of the extension of central services or the installation of communal services on a large scale in rural policy areas, except to remedy a health problem, or until a study has been completed to justify the extension or installation of services. 

 

Cumberland Rural Official Plan

 

According to the Cumberland Rural Official Plan, the subject land is designated “Interchange Industrial-Commercial”.  In this designation land uses that are permitted include those allowed in Rural Industrial, along with a variety of other highway commercial uses.  Examples of these latter uses would include: service stations, restaurants, automobile, truck or recreational vehicles sales and service centres, used car lots, garden centres, motels, offices, flea markets and factory warehouse sales outlets.  Uses in the Interchange Industrial-Commercial designation may be destination oriented or catering to passing traffic. 

 

Due to the extensive range of uses permitted, Council must consider the impact of each land use on adjacent land uses and the requirements necessary to control the impact of each at the time of zoning and site plan review.  The control over the location of particular land uses will be provided through the Zoning By-law.

 

Details of Proposed Zoning

 

The site is presently zoned "Highway Commercial" (HC).  This type of zoning requires a minimum lot area of 2000 m2 and a minimum lot frontage of 30.0 metres.  Permitted uses include an Agricultural Supply Establishment, Automobile Convenience Station, Automobile Gasoline Bar, Automobile Repair Garage, Automobile Service Station, Automotive Sales and Rental Establishment, etc.  A School Bus Depot and Repair Facility is not a permitted use in this zone. 

 

The proposed zoning for this land is "Highway Commercial - Exception X" (HC- Ex). This site-specific exception will permit a School Bus Depot and Repair Facility, as well as a few other uses allowed under Highway Commercial, serviced by well water and a private septic system.  This zoning is appropriate for this location as it entails commercial uses that may require a large amount of land area for parking, will service the rural area, and is located close to a Highway 417 Interchange and along an arterial road.  The addition of a School Bus Depot and Repair Facility into the proposed uses will not contradict any long-term plans for the potential expansion of Vars Village, located one kilometre north, and will not create a long-term demand for the extension of municipal services.  It has also been demonstrated that the volume and pattern of traffic flow anticipated from a School Bus Depot and Repair Facility will not interfere with the proper functioning of the local road network.  Privacy of adjacent landowners and the amelioration of potential adverse impacts from lighting, noise, odour, dust or traffic will be achieved by separating the land uses, buffering or other measures as part of site plan control.  There will be no impacts on neighbouring agricultural uses and nearby rural residential or Village communities due to the introduction of a School Bus Depot and Repair Facility. 

 

Staff note that this site is within a Wellhead Protection Area (WHPA) for the communal wells of Vars and Limoges.  Since this site is part of a WHPA, this rezoning will be limiting the types of uses currently allowed under a Highway Commercial zone to uses that will not affect the WHPA.  In other words, the permitted uses will need to be limited to a School Bus Depot and Repair Facility, a Car Washing Establishment, a Funeral Home, a Hotel, a Motel, an Office, a Restaurant, a Take Out Restaurant, a Fast Food Restaurant, a Veterinary Establishment, a Use Accessory to any of the foregoing, and an Accessory Dwelling Unit.  Allowable uses within a WHPA are being outlined in the new comprehensive Zoning By-law but are already in place provincially and in the hydrogeological industry.  Restrictions will additionally be added for two of the uses within the proposed exception zone to ensure that the groundwater source is not threatened.  A School Bus Depot and Repair Facility under the “Highway Commercial – Exception X” (HC- Ex) zone will not pose a threat to the Wellhead Protection Area provided that the following restrictions are imposed:

 

1.      Vehicle maintenance shall occur in the building;

2.      Vehicle washing shall occur in the building; and,

3.      There shall be no storage or handling of fuel on the property.   

 

A Car Washing Establishment under the “Highway Commercial – Exception X” (HC- Ex) zone will not pose a threat to the Wellhead Protection Area provided that the following restriction is imposed: Vehicle washing shall occur in the building.

 

In summary, staff support the proposed uses as it meets all the requirements of the City Council Approved Official Plan related to transportation, servicing, and design and compatibility. 


 

CONSULTATION

[U1] 

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.

[U2] 

FINANCIAL IMPLICATIONS

 

N/A

 

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

[U3] 

Document 1      Location Map

Document 2      Details of Recommended Zoning

 

DISPOSITION

 

Corporate Services Department, City Clerk's Branch to notify the owner (Yvon Bergeron, 279 St. Thomas St., Vars, ON K0A 3H0), Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5 and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch 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.

 


LOCATION MAP                                                                                                  DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2

 

A portion of the property at 6155 Rockdale Road is to be rezoned from “Highway Commercial” (HC) to “Highway Commercial – Exception X” (HC- (Ex)).  Notwithstanding Subsection 7.3(a), Permitted Uses, the following uses only shall be permitted in the HC- Ex zone:

 

-         School Bus Depot and Repair Facility

-         Car Washing Establishment

-         Funeral Home

-         Hotel

-         Motel

-         Office

-         Restaurant

-         Restaurant, Take Out

-         Restaurant, Fast Food

-         Veterinary Establishment

-         Use Accessory to any of the foregoing

-         An Accessory Dwelling Unit

 

Restrictions will additionally be added for two of the aforementioned uses under the “Highway Commercial – Exception X” (HC- Ex).  A School Bus Depot and Repair Facility use will have the following restrictions:

 

1.      Vehicle maintenance shall occur in the building;

2.      Vehicle washing shall occur in the building; and,

3.      There shall be no storage or handling of fuel on the property.   

 

A Car Washing Establishment use will have the following restriction: Vehicle washing shall occur in the building.


            ZONING - 6155 Rockdale road

ZONAGE - 6155, chemin rockdale

ACS2006-PGM-APR-0084                                                                                       

 

Mr. Y. Bergeron, Bergeron Bus Lines, gave a brief history of Bergeron Bus Lines, which employs 8 full-time staff and 65 drivers.  The company provides school bus transportation to 5 different school boards, operates a commuter service for workers living in the surrounding areas and supplies charter trips.  Mr. Bergeron hoped to convince the Committee and staff that having a fuel tank on his proposed project was necessary for his business and required for the viability of operating in today’s market in light of fluctuating fuel prices and the nature of his business.  More importantly, he hoped to prove that having above-ground fuel tanks was safe and posed no risk to the well-head protection plan.  Mr. Bergeron went on to discuss, in detail, the aspect of his business that made it crucial to have on-site fuelling capacity:  area gas stations were closed from 11:00 p.m to 6:00 a.m.; and buses regularly arrived from chartered trips late at night and required cleaning and refuelling in time for their early morning departures.  He talked about the importance, for the safety of their passengers, of keeping buses fully fuelled at all times.  In closing, Mr. Bergeron explained that the present site plan was situated on a 40-acre lot which was 1/3 commercial and 2/3 agricultural.  He noted that on the agricultural portion of the site, fuel storage was permitted so that tractors could be fuelled on site, however on the same parcel of land, adjacent to the agricultural portion, he was not being permitted to house fuel for the efficient operation of his bus line.

 

Mr. D. Norman, Technical Standards and Safety Authority, talked about the safety of fuel tanks such as Mr. Bergeron was proposing to put on his site: a huge cement pad for refuelling, which would catch any drips; and double-walled, above-ground tanks with interstitial monitoring, which meant that for failure to occur, both walls would have to let go at the same time.  He also noted that the tanks’ perimeter would have 6-inch pillars filled with cement.  He indicated such tanks were so safe that the City of Ottawa was in the process of replacing all its underground tanks with above-ground tanks.  Furthermore, he noted that, under Provincial legislation, all new tanks had to have over-fill protection, spill containment at the fill ports and new nozzles with automatic shut-offs and which had to be replaced every three years.  Under such circumstances, Mr. Norman submitted it would be impossible to have contamination enter the environment.

 

In light of the mitigation measures being proposed, Chair Jellett surmised that the only potential spillage would come from an operator fuelling a bus and he wondered how that would be addressed.  Mr. Norman submitted that, because of the nozzle to be used, the most that could be spilled at any given time would be a few drops.  He explained that Mr. Bergeron would be pouring a cement pad where the buses would sit while being fuelled and he would be required to keep absorbent material on-site to deal with any spills; absorbent material would be put down and the cleaned-up and disposed of properly. 

 

Chair Jellett felt this issue was about managing risk.  He noted that, although the well-head protection area was not yet official, it would be coming forward in the coming months and this property would be within it.  He maintained that there was concern in the community with respect to water contamination, though he noted the stringent mitigation measures that could be put in place.  He asked for a staff comment on this.  Mr. L. Morrison, Manager of Infrastructure Approvals, explained that in this situation, staff was concerned because there were actually 2 municipal wells that supply water to villages in the area and the subject site lied within a 10-year zone for the wells that supply water to the Limoges area.  The staff report cautions Council to be very weary of the types of land uses permitted there because, should there be spillage or a leak, it could find its way into the ground water.  As well, the new zoning by-law that will be coming forward will look at well-head protection areas in order to ensure land uses are conducive and to eliminate the potential for contamination of groundwater.  Notwithstanding this, he submitted that if a proponent was prepared to spend money, there were ways that a site could be engineered to allow fuel storage and refuelling.  Mr. Morrison indicated staff had received information only the previous day with respect to the proponent’s willingness to consider above-ground fuel storage.  He indicated staff was prepared to look at it and work with the proponent with respect to the design.  He alluded to safety measures such as containment of the area and catch basins and he re-iterated staff’s willingness to consider the options and work with the proponent. 

 

Responding to questions from Chair Jellett, Ms. Currie explained that the decision sought from Committee today was whether or not they wished to support the removal of the restriction pertaining to fuel storage.  She suggested that details with respect to engineering and design were site plan issues, which staff would address through the site plan process.  She noted that the site plan process was delegated to staff, therefore the matter would not come back to Committee unless there was a problem. 

 

Chair Jellett asked whether the proponent was willing to have separators at the fuelling area.  Mr. Bergeron indicated he would leave the details to the engineers.  He expressed agreement with the other conditions contained in the report and he urged Committee to not delay the process. 

 

Chair Jellett asked when the report would rise to Council and whether the lapse would allow sufficient time to work out the details.  Ms. Currie confirmed that the report would rise to Council on June 14th.  Mr. Morrison re-iterated that the design details would be addressed through the site plan process, adding he did not believe the proponent would be in a position to have their site plan ready prior to Council considering the current report. 

 

Councillor Brooks accepted to move a motion on behalf of Chair Jellett.

 

Moved by Councillor G. Brooks

 

That Document 2 be amended by deleting restriction 3.

 

                                                                                                CARRIED

 

The Committee then approved the report recommendation as amended.

 

That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Cumberland Rural Zoning By-Law to change the zoning of a portion of 6155 Rockdale Road from Highway Commercial (HC) to Highway Commercial - Exception x (HC - x), as shown in Document 1 and as detailed in Document 2, as amended by the following:

 

That restriction 3 be deleted from Document 2. 

 

                                                                                                CARRIED as amended

 

 


 [U1]If there are no objections…

 [U2]If there are objections or significant comment…

 [U3]Include the documents that are applicable to this report