Report
to/Rapport au :
Agriculture
and Rural Affairs Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
July 27, 2007 / le 27
juillet 2007
Submitted
by/Soumis par : Nancy Schepers, Deputy City
Manager/Directrice municipal adjointe
Planning, Transit and the Environment
/ Urbanisme, Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager / Gestionnaire,
Development Approvals / Approbation des demandes d'aménagement
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Township of Goulbourn Zoning By-law 40-99 to change the zoning of 6688 Franktown Road from Rural Zone, (Ru) to Institutional Exception Zone, (I xx), and Rural Exception Zone (Ru-xx) as shown in Document 1 and as detailed in Document 2.
RECOMMANDATION DU
RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil recommande au Conseil d’approuver une
modification au Règlement de zonage 40-99 de l’ancien Canton de Goulbourn
visant à faire passer la désignation de zonage de la propriété située au 6688,
chemin Franktown de « zone rurale » (Ru) à « zone d’exception à une zone
institutionnelle » (I-xx) et « zone d’exception à une zone rurale » (Ru-xx),
comme l’illustre le document 1 et le précise le document 2.
BACKGROUND
The subject lands are located on the south side of Franktown Road, west of Joy’s Side Road. The subject parcel has a frontage of 260 metres along Franktown Road and is approximately 38 hectares in area. The rear of the property also has frontage on Ottawa Street. The site, which is currently vacant, is heavily treed and has relatively flat terrain. Surrounding lands are mostly occupied by rural residential dwellings on large properties. A rural residential dwelling abuts the northwest corner of the property and the southwest corner of the property abuts an estate lot residential subdivision.
The owner of the property,
International Buddhist Progress Society of Ottawa, is proposing to rezone the
property to accommodate a place of worship and related accessory uses. A conceptual site plan has been submitted in support of the
rezoning. A three-storey Buddhist temple, with a floor area of 2787
square metres, would be
located approximately 160 metres from Franktown Road. At the rear of the
temple would be a pagoda, used to store urns containing the ashes of those who
have been cremated. No cremation would take place on-site. Several small
residential rooming house units, each approximately 75 square metres in area,
are proposed to provide accommodation for employees or worshippers residing
on-site for a short period of time while participating in workshops or
meditation sessions.
A gate, which is a traditional component of Buddhist temple design, is proposed to be located at the Franktown Road entrance. The proposed entrance will be located in the centre of the lot and provide access to a parking lot for approximately 110 vehicles. The remainder of the land would be left in a natural state, and used for passive recreation including walking paths, gardens, benches, meditation areas, and a picnic area. The property would be subject to a Site Plan Control Application, at which time a detailed review of the building layout, parking requirements, landscaping, grading, drainage and other issues would be undertaken (a preliminary site plan is shown in Document 3).
Details of Current and Proposed Zoning
The site is currently zoned Rural Zone (Ru)
under By-law 40-99 of the former Township of Goulbourn. This zone permits
single detached dwellings, agricultural uses, forestry uses, and uses accessory
to such permitted uses.
The applicant proposes to rezone 22 hectares of
the subject property from Rural Zone (Ru) to Institutional Zone – Exception
(I-xx). This new zone would be a site-specific Institutional Zone permitting a
place of worship, day nursery and accessory rooming house. The total gross floor area of the residential uses would not
exceed 558 square metres. The rooming house would contain at
least three rooming units, common room, and washroom facilities. Although employees of the temple would
reside in the rooming house, the main purpose of the rooming house would be for
the temporary accommodation of individuals visiting the temple for a
conference, retreat or meditation session. In addition, the bylaw provisions would specify
a parking requirement of one space per 10 square metres of assembly area for
the place of worship. The parking requirement would be applicable to the ground
floor area only, because
although the gross floor area of the proposed temple is 2,787 square metres,
only the ground floor (929 square metres) is used by the congregation for
worship. Traditionally, the second and
third floors are often empty, or designed to accommodate classrooms, offices or
meditation areas.
The rear 16 hectares of the property would be
rezoned from Rural Zone to a Rural Zone- Exception (Ru-xx), permitting leisure
uses accessory to the above-noted institutional uses.
DISCUSSION
Official Plan:
The subject site is designated as "General Rural Area" in the Official Plan. This designation permits a variety of land uses that are appropriate for the rural area, including rural housing, commercial development, small industries and farms. The intent of the designation is to accommodate land uses that are appropriate for a rural location.
The property is subject to the policies within Section 3.7.2 of the Official Plan. When considering applications for by-law amendments to permit non-residential uses not specific to agricultural uses, forestry, conservation and natural resource management activities, staff must determine whether the proposed use would not be better located in a village or the urban area. Staff must also consider whether the change of use will interfere in the potential for urban boundary expansion and the proper functioning of the local road network, that potential impacts will not limit neighbouring agricultural uses, and that the proposed use can be sustained on private services.
Planning Rationale:
The subject
application has been evaluated with regard to the provisions of the Official
Plan, and all applicable policies have been satisfied. In order to obtain a
Zoning By-law amendment for the proposed rural institutional use, the applicant
must address the considerations and criteria set forth in Sections 3.7.2 of the
Official Plan, which states that new institutional uses such as places of
worship and schools should ideally be located within a village, but may be
considered in close proximity to a village where village land is insufficient
or inappropriate. The primary criteria are as follows:
a) The use would not be
better located in a village or urban area
·
Although a place of worship may seem to be more
appropriate in a village, the proposed Buddhist temple is most appropriately
located in the rural area due to the large amount of vacant land required and
the importance of keeping the majority of the site in a natural state.
b) Volume and pattern of traffic anticipated from
the development will not interfere with the local road network.
·
Due to the nature and timing of traffic associated with a
place of worship, there are no concerns associated with traffic generation for
the proposal, and a traffic study was not required. With the exception of the main worship session on Sunday mornings, the
temple will be used by a very small number of people on other days of the week.
The
site location on a major road is appropriate for the proposed development.
c) Potential adverse impacts from lighting,
noise, dust odour or traffic are minimized.
· The proposed institutional use will have minimal impact on adjacent landowners. As noted above, traffic is not a concern. Nuisance from noise or lighting will not be a concern, due to the fact that only a very small portion of the property is to be developed. Most of the site will remain in a natural state, and the extensive wooded areas will serve to buffer any minor noise or light associated with the proposed development.
d) Possible impact on adjacent landowners and neighbouring agricultural operations is minimized.
·
There
are no agricultural operations adjacent to the subject property, and the
proposed temple will have minimal impact on surrounding properties. The
southeast portion of the property, adjacent to a country lot subdivision, will
remain undeveloped, and would be part of the area to be used for passive
recreation only. The undeveloped lands
abutting the rural residential dwelling located to the west of the site will
provide a 100 metre wide buffer between the property line and the proposed
building.
e) The development is in keeping with the
surrounding rural character and landscape.
·
The
proposed temple is consistent with the small-scale, low-density character of
the rural area. The property is well buffered by trees and other vegetation,
which will screen the proposed parking lot and buildings.
f) Requirements
relating to transportation, servicing, and environmental protection have been
satisfied.
·
Technical requirements have been
satisfied. A traffic impact assessment was not required for the proposal, given
the nature of the use and timing of church services. A Hydrogeological Study
was submitted in support of the rezoning, and confirmed that there is
sufficient quantity of potable water to service the proposed development, and
that soils are appropriate for installation of on-site sewage disposal systems.
A technical report regarding the private servicing would be required at the
time of Site Plan Control Approval.
g) Noxious uses are to be permitted only with
suitable screening and buffering.
·
The proposed use is not a noxious
use that requires buffering.
h) The development will address protection of
natural environment.
·
The proposed development involves
disturbance of a small portion of the property. Maximum tree protection is
proposed, since the intent is to retain the current natural environment and
tranquility of the property.
The proposed development complies with all Official Plan policies of the General Rural Area, which encourage various types of rural development. Staff support this Zoning By-law amendment because the proposed use is compatible with the surrounding area and conforms to the applicable policies outlined within the Official Plan.
RURAL IMPLICATIONS
The proposed Zoning By-law amendment is not expected to have any adverse
impact on the existing uses within the rural area, and is considered
appropriate given the surrounding context.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The details are shown in Document 4. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
N/A
APPLICATION PROCESS TIMELINE STATUS
The application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments. The application was On Hold for several months while the applicant supplied additional information requested.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended zoning
Document 3 Conceptual Site Plan
Document 4 Consultation Details
DISPOSITION
City Clerk’s Branch, Secretariat Services to notify the owner, (International Buddhist Progress Society, 1950 Scott Street, Ottawa, Ontario K1Z 8L8), applicant, (FoTenn Consultants Inc., 223 McLeod Street, Ottawa, Ontario K2P 0Z8, Attention: Ms Natalie Hughes), OttawaScene.com, 174 Colonnade Road, Ottawa, ON, K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Legal Services Branch to forward the implementing by-law to City Council
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
1. Schedule A of Bylaw 40-99 is to be
amended to show that the subject lands shown on Document 1 will be rezoned as
follows:
Area A - from Rural Zone (RU) to Institutional
Exception Zone (I-4)
Area B - from Rural Zone (RU) to
Rural Exception Zone (RU-7)
2. A new special zone (I-4) be added to
subsection 12(3) including the following special provisions:
(1) Permitted
Uses:
· Place of
Worship
·
Day Nursery
·
Accessory Pagoda
·
Accessory Rooming
House, being a principal dwelling within the whole of a residential use
building that contains at least three rooming units, and which may also contain
dwelling units, but will not include full kitchen facilities.
(2) The total gross floor area of the
accessory rooming house units shall not exceed 558 square metres.
(3) Parking Requirements:
· Place of Worship: 10 parking spaces per 100
square metres of assembly area located on the ground floor of the place of
worship.
·
Day Nursery: 1 space per 5 children that can be
accommodated.
·
Accessory Rooming House: 1 space per 100 square metres
of gross floor area.
3. A new special zone (RU-7) be added to
subsection 34(3) including the following special provisions:
(1) Permitted
Uses
· Passive
recreation and leisure uses accessory to the uses permitted within the I-4
Zone.
CONCEPTUAL SITE PLAN DOCUMENT
3
CONSULTATION DETAILS DOCUMENT
4
NOTIFICATION AND CONSULTATION PROCESS
Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments.
The following issues were identified by nearby residents:
Ground Water:
Comments: A resident expressed concern that the proposed development may have an impact on existing wells.
Response: Mississippi Valley Conservation Authority reviewed the Hydrogeological Study submitted and had no opposition to the proposed rezoning. A detailed technical report regarding the private servicing would be required at the time of the Site Plan Control application.
Tree Preservation:
Comments: Nearby residents expressed a desire to retain as much of the existing wooded area as possible.
Response: Almost all of the wooded area on the subject property will be retained, since only a small portion of the central part of the property will be developed. The perimeter of the site, closest to abutting properties, will not be disturbed. The majority of the property will remain in its current state, with the addition of only walking paths, benches and a picnic area.
Amount of Land Being Rezoned
A resident expressed concern that the large amount of land being rezoned would permit uncontrolled development and an unlimited number of dwelling units.
Response: The proposed zoning provisions restrict permitted uses to only a place of worship, a day nursery and the accessory residential rooming house. In response to the resident’s concerns regarding the number of allowable dwelling units, the maximum gross floor area of the residential uses has been restricted to 557 square metres.