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3. apPEAL - COMMITTEE OF ADJuSTMENT - 2170 MER BLEUE ROAd APPEL - COMITÉ DE
DÉROGATION - 2170, CHEMIN MER BLEUE |
Committee recommendation
That Council
approve the presence of staff from the Planning and Growth Management and
Corporate Services Departments at the Ontario Municipal Board Hearing regarding
an appeal of a Committee of Adjustment Minor Variance application for 2170 Mer
Bleue Road.
Recommandation du Comité
Que le Conseil approuve la présence du
personnel du Service de l’urbanisme et de la gestion de la croissance et des
Services généraux à l’audience de la Commission des affaires municipales de
l’Ontario concernant un appel d’une demande de dérogation mineure au Comité de
dérogation pour le 2170, chemin Mer bleue.
Documentation
1. A/Deputy City Manager's report
(Planning and Growth Management) dated
22 September 2006 (ACS2006-PGM-APR-0214).
2. Extract of Draft Minute, 10 October
2006.
Report to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de l'environnement
September 22, 2006 / le 22 septembre 2006
Submitted by/Soumis par : John L. Moser, Acting Deputy City Manager/
Directeur municipal adjoint par intérim,
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, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and
Environment Committee recommend Council approve the presence of staff from the
Planning and Growth Management and Corporate Services Departments at the
Ontario Municipal Board Hearing regarding an appeal of a Committee of Adjustment
Minor Variance application for 2170 Mer Bleue Road.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d’approuver la présence du personnel du Service de
l’urbanisme et de la gestion de la croissance et des Services généraux à
l’audience de la Commission des affaires municipales de l’Ontario concernant un
appel d’une demande de dérogation mineure au Comité de dérogation pour le 2170,
chemin Mer bleue.
BACKGROUND
On June 21, 2006, the Committee of Adjustment heard an application for minor variance for 2170 Mer Bleue Road. The location of the subject property is shown on Document 1.
The Owner, City of Ottawa, wishes to use a portion of this property as a Snow Disposal Facility (Mer Bleue Snow Disposal Site), as per Site Plan application D07-12-05-0258. In order to do this, the Owner requires the Authority of the Committee of Adjustment for a Minor Variance from the former City of Gloucester Zoning By-law, to permit a reduced setback of 149 metres from any lot used for residential purposes, whereas the By-law requires a minimum setback of 300 metres. In this case there is a residential lot located to the south of this property, south of the Hydro Corridor and future Blackburn Hamlet By-pass.
Staff supported the applicant’s variance request as outlined in Document 2. In staff’s opinion, with all the proposed site plan measures, the variance sought was minor. The variance also met the intent of the Official Plan and Zoning By-law and was considered desirable and appropriate for the land.
The Committee of Adjustment agreed with
arguments provided by staff and approved the application (see Document 3). The Innes Re-Zoning and Development
Community Group has appealed the decision of the Committee of Adjustment to the
Ontario Municipal Board.
The Site Plan Control application is still active for the subject land. On January 4, 2006, Delegated Approval authority was lifted by Councillor Bloess. The application went before the Planning and Environment Committee (PEC) on June 13, 2006 only to be deferred due to an ongoing Visioning Exercise being carried out by the community organization.
ANALYSIS
This report to Planning and Environment Committee and its associated recommendation is required to enable both Planning and Legal staff to attend the Ontario Municipal Board (OMB) hearing and represent the positions taken on this matter. The appeals protocol established by Council in 2005 enables staff to represent the City before the OMB under these circumstances; however, given PEC’s deferral of the Site Plan and the fact that the City is the applicant, staff consider it appropriate to seek further direction from PEC. Should Council not authorize Planning and Legal staff to appear before the OMB, the City will not be represented. The Department is therefore recommending the approval of staff’s participation at the required Ontario Municipal Board hearing to defend the Committee of Adjustment’s approval for the reduction in the required setback.
The Committee of Adjustment and staff are of the view that the proposed variance is minor, meets the intent of the Official Plans and of the Zoning By-law, and is desirable for the appropriate development of the land. The use of the Mer Bleue site as a Snow Disposal Facility (SDF) is in full conformity with the City Council Approved Plan which recognizes SDFs as an important component of the City’s infrastructure. The Official Plan provides standards which must be respected including the need to meet Ministry of the Environmental standards for setbacks from sensitive land uses and noise abatement. This setback reduction will also meet the intent of the Zoning By-law, which is based on the Ministry of Environment’s Guidelines for “Snow Disposal and Deicing Operations in Ontario” (August 1975). The document suggests that the use can be placed closer if the facility employs mitigation methods. Mitigation methods consist of urban design and site plan control measures which include landscaping, berming, noise walls, and the introduction of intervening uses between the snow disposal facilities and a sensitive land use. To that end, the applicants submitted a Sound Impact Analysis in conjunction with a concurrent Site Plan that demonstrated the noise would be remediated to acceptable levels. The site plan showed a berm running along the access road and along the eastern side of the facility wrapping around the southern end. A noise attenuation fence was indicated to be placed along the top of most of the berms. All berms were to be landscaped with trees, shrubs, and perennials. The site is presently zoned “Mx (E4) – Heavy Industrial Zone Exception 4” in Zoning By-Law No. 333 of 1999. The only permitted main use is a snow disposal facility.
In this case, the intent of the 300-metre setback to a residential use was to minimize the noise impacts of snow disposal facilities on residences. Based on the review and support of the Sound Impact Analysis, staff was able to support this minor variance application to reduce the 300‑metre setback of the SDF from a residential use lot to 149 metres.
FINANCIAL IMPLICATIONS
Direct costs to the City would be
comprised of the cost of Legal Services Branch and the Planning and Growth
Management Department staff preparing for and attending the Ontario Municipal
Board hearing to defend the City’s position.
As representation is by City staff, the costs are reflected within
Departmental budgets.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Staff
Recommendation
Document 3 Committee
of Adjustment Decision for variance application
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, City of Ottawa c/o Luc
Marineau, 100 Constellation Drive,
Ottawa K2G 6J8, of
City Council’s decision.
LOCATION MAP DOCUMENT
1
STAFF RECOMMENDATION DOCUMENT
2
COMMITTEE OF ADJUSTMENT DECISION FOR
VARIANCE
APPLICATIONS DOCUMENT
3
