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1.
ZONING - 4221 MOODIE DRIVE ZONAGE - 4221, PROMENADE MOODIE
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COMMITTEE recommendation
That Council approve an amendment to the former
City of Nepean Rural Area Zoning By-law to change the zoning of 4221 Moodie
Drive from RU (Rural Agricultural Zone) to RU Block "E"-H (Rural
Agricultural--Block "E"--Holding Zone) as detailed in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification au règlement de zonage rural de
l’ancienne Ville de Nepean visant à faire passer la désignation de zonage de la
propriété située au 4221, promenade Moodie, de RU (zone agricole rurale) à RU
Bloc « E »-H (zone agricole rurale de réserve – Bloc « E »), comme le précise
le document 2.
For the information of Council
The Committee approved the following direction to staff:
That staff ensure that clauses are placed in the Site Plan Agreement stating that the applicant is aware that the project is being built in a farming area where dust and odours may affect his clientele and that he must not hold the City of Ottawa responsible for any ramifications of his locale.
Pour la gouverne du Conseil
Le Comité a approuvé la directive
suivante :
Que le personnel s’assure que les
dispositions sont ajoutées à l’accord de plan d'implantation qui stipule que le
demandeur est au courant que le projet est en construction sur une zone
agricole où la poussière et les odeurs pourraient incommoder sa clientèle et
qu’il ne peut tenir la Ville d’Ottawa responsable des répercussions qui
pourraient survenir.
DocumentatioN
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 8 November 2007 (ACS2007-PTE-APR-0183).
2.
Extract
of draft Minutes, 22 November 2007
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
08 November 2007 / le 08 novembre 2007
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale 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 recommend Council approve an amendment to the former City of Nepean Rural Area Zoning By-law to change the zoning of 4221 Moodie Drive from Ru (Rural Agricultural Zone) to Ru Block "E"-h (Rural Agricultural--Block "E"--Holding Zone) as detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil d’approuver une modification au règlement de
zonage rural de l’ancienne Ville de Nepean visant à faire passer la désignation
de zonage de la propriété située au 4221, promenade Moodie, de Ru (zone
agricole rurale) à Ru Bloc « E »-h (zone agricole rurale de réserve – Bloc « E
»), comme le précise le document 2.
BACKGROUND
The subject property is located on the east side of Moodie Drive, south of Barnsdale Road, north of Brophy Drive, and west of Highway 416 (Document 1). The 43.1-hectare site is currently undeveloped and characterized by light vegetation. The site is surrounded by four rural residential dwellings, agriculture uses, a tree farm, and undeveloped lands.
Purpose of Zoning
Amendment
The requested Zoning By-law amendment proposes the development of a water park on the subject site.
Existing Zoning
The site is currently zoned Ru (Rural Agriculture) in the former City of Nepean Rural Area Zoning By-law. This zone permits a variety of agriculture and related uses, as well as conservation uses, parks, and one detached dwelling.
Proposed Zoning
The requested Zoning By-law amendment proposes to add a special exception to the Ru (Rural Agriculture) zone which would permit a water park as an additional permitted use. The proposed water park has been described by the applicant to consist of several large water slides and rides, a wave pool, and shower facilities, as well as associated uses such as a restaurant/snack bar, gift shop, and day care. When fully developed, the water park is expected to have a capacity of approximately 5000 people. Site-specific zoning provisions regarding parking, setbacks, and accessory uses are included in the proposed zoning. Staff propose that this zone should include an "h" (holding provision) until such time that certain criteria are met to the satisfaction of the City. The details of the recommended zoning are included in Document 2.
DISCUSSION
Policy Framework
Provincial Policy Statement
Section 3 of the Planning Act states that all planning decisions
shall be consistent with the Provincial Policy Statement (PPS), which outlines
provincial land use interests. Section
1.1.4.1 of the PPS provides specific policies for rural areas located within
municipalities. The relevant policies
are:
·
Development shall be appropriate to the infrastructure
which is planned or available, and avoid the need for the unjustified and/or
uneconomical expansion of this infrastructure;
·
Development that is compatible with the rural
landscape and can be sustained by rural service levels should be promoted; and
·
Recreational, tourism and other economic opportunities
should be promoted.
Section 2.2.1 of the
PPS indicates that planning authorities shall protect, improve or restore the
quality and quantity of water by ensuring development is consistent with the
following relevant policies:
·
Minimizing potential negative impacts;
·
Promoting efficient and sustainable use of water
resources, including practices for water conservation and sustaining water
quality; and
·
Ensuring stormwater management practices minimize
stormwater volumes and contaminant loads, and maintain or increase the extent
of vegetative and pervious surfaces.
Official Plan
The site is designated as General Rural Area on
Schedule “A” of the Official Plan. This
designation is intended to accommodate a variety of land uses that are
appropriate for a rural location. This
can include non-agricultural uses, which due to land requirements or the nature
of their operation are not appropriate for location in a village or urban area. A Zoning By-law amendment is required for
new recreational commercial uses such as outdoor theme parks or similar
uses. When considering an application
for a Zoning By-law amendment, consideration must be given to the impacts of
the proposed development on adjacent uses, and the compatibility of the
proposed development with surrounding character and landscape.
Policies for private water and wastewater servicing
are included within Section 2.3 and 4.4 of the Official Plan. Since all
development outside the Public Service Area (generally the Urban Area) will be
on private services, the City must ensure that there is a reliable supply of
good quality water and the safe disposal of wastewater. The policies require proponents to
demonstrate that the servicing proposed for the development is adequate and
safe.
Sections 2.4 and 4.7 of the Official Plan provide
policies for the protection of groundwater resources and stormwater
management. The policies indicate that
consideration shall be given to the potential for impact on groundwater
resources to ensure that supplies available to other users are not
affected. A hydrogeological assessment
and terrain analysis report was required to determine the potential impacts of
the development on the groundwater resources.
A preliminary stormwater management plan was required to demonstrate the
feasibility of stormwater management for the proposed development.
Analysis
Land Use
The proposed development is not appropriate for a
village location because of the unique characteristics associated with a water
park, such as land area, parking requirements, and water usage. The recommended zoning includes a 20-metre
setback and landscaped area, or “buffer”, around the site, which will reduce
the potential impact of the proposed development on adjacent lands. The proposed water park is considered to be
compatible with the diverse character of the surrounding rural area. The proposal can be accommodated with the
existing municipal infrastructure and represents a recreational opportunity in
the rural area. In light of the above,
the proposed development is in conformity with the applicable land use and
compatibility policies in the Provincial Policy Statement and Official
Plan.
Stormwater Management
The Rideau Valley Conservation Authority reviewed the
preliminary plan and indicated that it is satisfactory. A more detailed stormwater site management
plan will be required as part of the Site Plan Control process.
Transportation
A preliminary Transportation Impact Study was
submitted with the application, and is acceptable to the City. This study indicates that access to the site
will be primarily from Highway 416 via Brophy Drive and Moodie Drive, which are
both designated as arterial roads. It
is expected that 30 per cent of users will arrive by bus, and this has been
included as part of the parking provisions in the recommended zoning. Further review of transportation issues will
occur during the subsequent Site Plan Control application process, and this
will determine if any road modifications or other measures needed to
address transportation concerns are
necessary.
Private Servicing and Groundwater Resources
The Rideau Valley Conservation Authority (RVCA) and
City staff reviewed the hydrogeological assessment and terrain analysis report
provided with the application. This
report indicates that the supply of adequate water quantity and quality, and
the safe disposal of wastewater, is possible on the site. The RVCA and City staff concur that the site
has the potential to be adequately and safely serviced, however there were some
specific concerns identified. Concerns
with impacts of well water pumping and wastewater discharge on adjacent wells
and the groundwater resource, and the potential impacts from existing nearby
uses have not been adequately considered.
It was determined that further long-term aquifer testing and further
detailed information regarding quality of septic effluent is necessary to
address these concerns.
The
Ministry of the Environment (MOE) will require the issuance of a Category 3
Permit To Take Water (PTTW) and Certificate of Approval for the proposed well
and septic system, respectively. These
permit processes will address the majority of the outstanding concerns
described above.
In the
event of a failure of the private services, the Ministry of the Environment
could impose an order under the Safe Drinking Water Act for the City to take
over the operation of the system(s).
However, given that these systems are not for a residential or
institutional use, staff consider it very unlikely that such an order would
ever be made. As such, staff are not
recommending a municipal responsibility agreement, which would impose
requirements for financial reserves and possible municipal oversight, in this
case.
Staff are satisfied that private servicing of the site is
possible, however staff are recommending additional information be provided
prior to allowing development of the site.
At such time that the
above concerns are addressed, the applicable site servicing and groundwater
resource policies in the Provincial Policy Statement and Official Plan will be
fully complied with.
Holding
Provision
Section 36 of the Planning Act gives the City
the authority to use a holding provision in conjunction with another zone to
restrict the use of land until certain criteria are met. The Official Plan allows holding provisions
to specify the use to which lands shall be put to in the future, but which are
now considered premature or inappropriate for immediate development.
Since the proposed land use is consistent with the
majority of the applicable land use policies and site servicing is potentially
feasible, it is acceptable to rezone the site to a zone that will permit a
water park. However, because there are
some outstanding concerns with regard to water supply and wastewater disposal,
it is considered appropriate to also use a holding provision to restrict the
uses on the land until the concerns are adequately addressed. Furthermore, the applicant is seeking a
greater degree of certainty regarding the acceptability of the proposed land
use prior to addressing the remaining concerns.
The holding provision, as recommended by staff,
will restrict the permitted uses to only the current land uses until such a
time that the following criteria are met:
·
The Minister of the
Environment has issued a Category 3 Permit to Take Water (PTTW) for the
ultimate well for the proposed development;
·
The Minister of the
Environment has issued a Certificate of Approval for the ultimate sewage works
and stormwater management for the site; and
·
The
hydrogeology and terrain analysis report is prepared to the satisfaction of the
Director, Planning Branch, City of Ottawa.
The above requirements will address concerns with
impacts of the proposed well and
wastewater system on adjacent wells and the groundwater resource. At such time when the these requirements are
met, the policies in the Provincial Policy Statement and Official Plan
pertaining to water and wastewater servicing and groundwater resources will
have satisfied, and lifting of the holding provision will be appropriate.
Site Issues
Prior to site development, a Site Plan Control
application will be required, which will consider issues with site access,
landscaping, parking, site layout, and detailed servicing.
Summary
The proposed development is appropriately
located in the rural area, and is compatible with the general character of the
area. Potential impacts on adjacent
uses have been considered and will be mitigated through the requirement of a
“buffer” around the site. Concerns with
water and wastewater servicing and groundwater resources impacts have not yet
been adequately addressed, however the use of a holding provision will ensure
that these concerns are satisfied prior to the proposed use being
permitted. Once the requirements of the
holding provision have been met, the proposed development will be in conformity
with all of the relevant policies in the Provincial Policy Statement and
Official Plan. Staff recommend that the zoning on the site be
amended from Ru (Rural Agriculture) to Ru Block “E”-h (Rural Agriculture Block
“E”-holding).
ENVIRONMENTAL IMPLICATIONS
The Official Plan does not identify the site as being environmentally significant. Issues with groundwater resource impacts will be addressed through the studies and permits required prior to lifting of the “h” (holding provision).
RURAL IMPLICATIONS
The site is located in the rural area. Approval of this Zoning By-law amendment will promote economic development in the rural area.
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.
FINANCIAL IMPLICATIONS
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 need to address water and wastewater servicing issues.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation
Details
DISPOSITION
City Clerk’s Branch, Council and Committee
Services to notify the owner, Lottawatta, 2650 Queensview Drive, Suite 150,
Ottawa, ON K2B 8H6, applicant, Greg Winters, Novatech Engineering Consultants Ltd,
200-240 Michael Cowpland Drive, Ottawa, ON K2M 1P6, OttawaScene.com, 174 Colonnade Road, Unit #33, 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
- Schedule “A1”, of By-law Number 73-92 of the former City of Nepean is amended by changing the zoning of the lands known municipally as 4221 Moodie Drive, and shown on Document 1, from Ru (Rural Agricultural Zone) to Ru Block “E”-h (Rural Agricultural Zone Block “E”—holding zone).
- Add a new exception zone to subsection 12 of By-law Number 73-92 of the former City of Nepean including the following permitted uses and zone provisions:
Additional Permitted Uses:
Water park
Permitted accessory uses which are clearly ancillary to the main use:
Restaurant
Day Nursery
Gift Shop
Business Office
Additional Zone Requirements:
Yard
Front (Minimum) 20m
Yard Rear
(Minimum) 20m
Yard Side
(Minimum) 20m
Building
or Structure Height (maximum) 30m
Car Parking (minimum): 1 space per 4 persons at capacity
Bus parking (minimum): 1 space per 167 persons at capacity
A minimum
20 metre wide natural open space landscaped strip including a combination of
existing vegetation and additional native plantings shall be provided along the
YARD, REAR, and all YARDS, SIDE in order to affect visual screening of such
uses to the satisfaction of the City.
Pursuant to Section 36 of The Planning Act, the holding symbol “h” on lands zoned Ru Block “E”-h
identified on Schedule “A1” may only be lifted when the following conditions
have been fulfilled to the satisfaction of the Director, Planning Branch:
(a) The Minister of the
Environment has issued a Category 3 Permit to Take Water (PTTW) for the
ultimate well for the proposed development;
(b) The Minister of the
Environment has issued a Certificate of Approval for the ultimate sewage works
and stormwater management for the site; and
(c) The hydrogeology and terrain
analysis report is prepared to the satisfaction of the Director, Planning Branch,
City of Ottawa.
and prior to the lifting of the holding provision denoted by the “h” symbol, the lands zoned Ru Block “E”-h must not be used for any purpose other than that which is it is being used on the day of the passing of this by-law.
CONSULTATION DETAILS DOCUMENT
3
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.
PUBLIC COMMENTS
Six comments were received from the public, with three of those requesting information and notification of the public meeting, and one indicating support for the proposal. The comments expressing concerns are summarized following:
Comment:
Smell could be a factor from the proposed Source Separated Organics (SSO) composting facility to the north.
Staff Response:
The proposed SSO facility is intended to be located on a site north of Trail Road, and as such, is not expected to create adverse odour impacts on the site subject to this rezoning application.
Comment:
The proposed development could significantly increase noise pollution in the surrounding area especially in the evening hours and on weekends.
Staff Response:
A 20-metre setback from adjacent properties, including a vegetated area, is required in the proposed zoning, which is intended to provide a buffer from nearby uses. Additional measures to reduce the impact of noise can be addressed through the Site Plan process.
Comment:
There is concern about any adverse affects this proposed water park will have on the local ground water supply.
Staff Response:
This impacts on local groundwater supply will be required to be addressed prior to removal of the “h” provision.
Comment:
There is concern about the increase in traffic flow to and from the area.
Staff Response:
Staff have reviewed the Transportation Impact Study provided with the application and have no concerns. A more detailed review will occur during the Site Plan Control process, and will identify any necessary road modifications or other measures needed to address transportation concerns.
Comment:
There is concern about airborne dust and debris from unpaved gravel parking lots.
Staff Response:
The concept plan provided with the application shows that more than half of the proposed parking spaces will be paved. It is intended that the gravel parking area will only be used on peak days. A future Site Plan Control process will be required, and this process will consider the detailed layout and composition of the parking area.
COUNCILLOR’S COMMENTS
Councillor
Glenn Brooks indicated the following: “I have met with the proponents and am
most interested in seeing the project move forward.”
COMMUNITY ORGANIZATION COMMENTS
None
ADVISORY COMMITTEE COMMENTS
Ottawa Forest and Greenspace Advisory Committee (OFGAC)
This is not an Urban Natural Area, an ANSI,
Rural Natural Feature, Provincially or Regionally Significant Wetland, or
Conservation zone.
The area is forested and due to lack of
information provided with this application, it is unknown whether there are any
significant trees or endangered species on the site that should be preserved.
It is unknown at this time, if there is
potential or need for tree or greenspace protection during the pre and post development
phases.
Comments on the impact of the proposed Zoning
change or Official Plan amendment on the trees and/or greenspace on the site
and on the surrounding area: The
original zoning change would have negatively affected the forest cover;
this change with respect to the water park itself would have the same effect.
Comments on the site plan, landscape plan, tree
preservation-protection plan:
- As
this is a proposed change to an approved rezoning, our comments are restricted
to the possible or probable effects of the construction of a water park.
It will be about 82 feet high and present a possible eyesore when seen
from the Memorial Veterans Highway 416. It will generate traffic (5000
customers a day are expected) which could not be accommodated by Moodie
Drive and other nearby roads without widening. A new exit from the Hwy 416
would be required, and the most logical choice would be at Barnsdale Road,
because of topography and existing vegetation cover and proximity to the
site.
- Do
the above noted plans accommodate or protect existing trees, etc? Not
known, but almost certainly not.
- Do
they accommodate or protect existing greenspace? No
- Is
the site part of a larger ecosystem such as greenspace, farmland, large
existing development, etc? There
is a lot of forested land in the general area. This parcel form part of
the larger vegetated forested land.
- Impact
of the development on these and adjacent lands: The existence of a
commercial enterprise will encourage other developments in the area.
On the day of our inspection visit and
examination of the area, a red fox crossed Barnsdale Road from one forested
area to another (Aug 25 at 3.40 p.m.) suggesting the presence of wildlife in
the area.
OFGAC's Conclusions or Recommendations: The
above noted comments and questions should be raised with the developer before
approval of the proposed zoning change.
As such, OFGAC is not in favor of the
zoning by-law amendment, due to its negative impact on the forested area, its
surrounding and wildlife habitat.
Staff Response:
As
noted, the site is not designated as a Natural Environment Area, Rural Natural
Feature, ANSI, Provincially or Regionally Significant Wetland, or Open Space,
and thus the site is not subject to special protection in the Official
Plan. A tree preservation and
protection plan will be required for consideration during any future Site Plan
Control process. Although Highway 416
is designated as a Scenic Entry Route on Schedule J of the Official Plan, it is
more than 1.0km from the subject site so visual impacts are expected to be
negligible.