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3. zONING - 1090
Bayview Drive zONAGE - 1090, promenade bayview |
Committee
Recommendations
(This application is subject to Bill 51)
That
Council approve:
1. An amendment to the former West
Carleton Township Zoning By-law to amend the CT-1 zone provisions relating to
1090 Bayview Drive to permit a
fully-detached dwelling house as a permitted use and to incorporate site
specific zone provisions related to residential uses as shown in Document 1 and
as detailed in Document 2.
2. An amendment to the new Comprehensive
Zoning By-law to amend the VM1[163r] zone provisions relating to 1090 Bayview
Drive to permit a detached dwelling as a permitted use and to incorporate
specific zone provisions as required related to residential uses as shown in
Document 1 and as detailed in Document 2.
3. That the By-law not proceed to Council
until such time as the applicant provides evidence to the Planning Branch that
the existing well with water quality issues has been abandoned in accordance
with Provincial regulations.
Recommandations
du comité
(Cette demande est assujettie
au projet de loi 51)
Que le Conseil :
1. Approuve une modification au Règlement de zonage de
l'ancien Canton de West Carleton afin de changer les dispositions de zonage
CT-1 concernant le 1090, promenade Bayview, dans le but de permettre une
maison familiale autonome comme utilisation autorisée et d'intégrer des
dispositions de zonage spécifique relatives aux utilisations résidentielles,
tel qu'il est indiqué dans le Document 1 et détaillé dans le Document 2.
2. Approuve une modification
au nouveau Règlement général de zonage afin de changer les dispositions de
zonage VM1[163r] concernant le 1090, promenade Bayview, dans le but de
permettre une maison unifamiliale comme utilisation autorisée et d’intégrer, au
besoin, des dispositions de zonage
spécifique relatives aux utilisations résidentielles, tel qu’il est indiqué
dans le Document 1 et détaillé dans le Document 2.
3. Ne donne pas suite au
Règlement avant que le requérant fournisse à la Direction de la planification
la preuve que le puits existant présentant des problèmes liés à la qualité de
l’eau a été abandonné, conformément aux règlements provinciaux.
Documentation
1. Deputy City Manager's report (Planning,
Transit and the Environment) dated
3 June 2008 (ACS2008-PTE-PLA-0072).
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
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 RECOMMENDATIONS
That the Agriculture and Rural
Affairs Committee recommend Council approve:
1. An amendment to the former West
Carleton Township Zoning By-law to amend the CT-1 zone provisions relating to
1090 Bayview Drive to permit a
fully-detached dwelling house as a permitted use and to incorporate site
specific zone provisions related to residential uses as shown in Document 1 and
as detailed in Document 2.
2. An amendment to the new Comprehensive
Zoning By-law to amend the VM1[163r] zone provisions relating to 1090 Bayview
Drive to permit a detached dwelling as a permitted use and to incorporate
specific zone provisions as required related to residential uses as shown in
Document 1 and as detailed in Document 2.
3. That the By-law not proceed to Council
until such time as the applicant provides evidence to the Planning Branch that
the existing well with water quality issues has been abandoned in accordance
with Provincial regulations.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l'agriculture et des questions
rurales recommande au Conseil :
1. D'approuver une modification au Règlement de zonage de
l'ancien Canton de West Carleton afin de changer les dispositions de zonage
CT-1 concernant le 1090, promenade Bayview, dans le but de permettre une
maison familiale autonome comme utilisation autorisée et d'intégrer des
dispositions de zonage spécifique relatives aux utilisations résidentielles,
tel qu'il est indiqué dans le Document 1 et détaillé dans le Document 2.
2. D’approuver une
modification au nouveau Règlement général de zonage afin de changer les
dispositions de zonage VM1[163r] concernant le 1090, promenade Bayview, dans le
but de permettre une maison unifamiliale comme utilisation autorisée et
d’intégrer, au besoin, des dispositions
de zonage spécifique relatives aux utilisations résidentielles, tel qu’il est
indiqué dans le Document 1 et détaillé dans le Document 2.
3. De ne pas donner suite au
Règlement avant que le requérant fournisse à la Direction de la planification
la preuve que le puits existant présentant des problèmes liés à la qualité de
l’eau a été abandonné, conformément aux règlements provinciaux.
BACKGROUND
The
subject property known as 1090 Bayview Drive is located in the Village of
Constance Bay. Surrounding lots have been developed with
fully-detached dwellings. The property abuts the Ottawa River/Buckham's Bay.
There is a 10.7-metre lane owned by the City running along the western side of
the lot (see Location Plan Document 1).
Purpose of
Zoning Amendment
The applicant wishes to construct a dwelling on
the property, while retaining the tourist commercial uses already permitted.
The proposed Zoning By-law amendment will permit the main use of the parcel as
a dwelling house, where the only residential use permitted by the current
zoning is an accessory dwelling unit within a main commercial use structure.
The
site is vacant and comprises two existing undersized lots which are currently
zoned CT-1 and CT-1(FP). The current zoning permits the following uses: an
accessory dwelling unit; a gasoline pump island accessory to a permitted CT-1
use; a marine facility, (docking facilities to be limited to six (6) boats
maximum); a restaurant; a retail store accesory to permitted CT-1 use; and
guestrooms, (to be limited to four (4) maximum).
The proposed Zoning By-law amendment will amend the CT-1 Zone adding a fully detached dwelling house as a permitted use and establishing zone provisions for the residential use as detailed in Document 2.
The proposed location for the dwelling is shown on a location plan attached as Document 3.
DISCUSSION
The parcel is designated Village in the Official Plan. The “Community Plan for the Village of Constance Bay” was approved by Council in 2006 and designates the subject lands for residential uses.
The existing tourist commercial zoning was established in 1988 and pre-dates the Community Plan for the Village of Constance Bay.
The proposed zoning will add a fully detached dwelling as a permitted main use of the lot. Such use is consistent with the current Official Plan and direction within the Community Plan to permit residential uses.
The zone will provide that, notwithstanding that each of Lots 6 and 7, Plan 432 are full lots on a plan of subdivision being legally conveyable, and whereby the applicant intends to construct a dwelling straddling the lot lines, the lots shall be treated as one for the purposes of determining zoning compliance.
The zone will set the minimum lot area at 1721 square metres which is the lot area of the combined lots save and except that part of the lots affected by the floodplain, as per the definition for lot area in the Zoning By-law.
The dwelling is proposed to straddle the lot line between Lots 6 and 7 on Plan 432. As such, a zero side yard between the lot lines for Lots 6 and 7 is required to be reflected in the zone to permit the dwelling in the proposed location.
A minimum front setback of nine metres will be established being consistent with minimum front setbacks established for development on existing residential lots having less than 45 metres of frontage.
A minimum side yard of 4.5 metres will be established from the 10.7-metre lane. This side yard is in excess of the three-metre side yard normally required from an internal side yard on existing lots, and is less than is required for an external side yard. A side yard of 4.5 metres recognizes the public use of the lane.
The Official Plan promotes a 30-metre setback from normal high water on rivers, lakes and streams and 15 metres from the top of bank, where there is a defined bank. The Official Plan provides that exceptions to the setbacks may be considered, in consultation with the Mississippi Valley Conservation Authority, in situations where development is proposed on existing lots where, due to the historical development in the area, it is unreasonable to demand or impossible to achieve minimum setback distances because of the size of the lot, approved or existing use on the lot, or other physical constraint.
On existing lots of record, the existing Zoning By-law permits development on the lot maintaining a minimum 12-metre water setback. A minimum water setback of 25 metres is to be established to ensure a maximum water setback from future structures to the lot line abutting the water.
The Mississippi Valley Conservation Authority has reviewed the proposed location of the new construction on the lot and supports the establishment of a 25-metre minimum water setback.
New Comprehensive Zoning By-law
It is intended that the new Comprehensive Zoning By-law for the City is intended to be passed by City Council on June 25, 2008.
The necessary amendments to the Comprehensive Zoning By-law are detailed in Document 2.
Private Sewage
There is an
existing sewage system on the property, which was originally designed to
accommodate effluent from a proposed restaurant. It is the intent to connect the new dwelling to the existing
sewage system. The Ottawa Septic
Systems Office undertook a review of the existing sewage system in December of
2007 with regard to utilizing the existing system for the new dwelling. No
concerns were raised through the review.
Private Water Supply:
There is an existing well on the property. A report of the well water quality was provided to staff. A review of the well water report identified numerous parameter exceedances. At the request of the City a new well was provided and tested and has been deemed acceptable.
The Department’s recommendation (Recommendation 3) is that the applicant provide evidence that the existing well with the water quality issues be formally abandoned in accordance with Provincial requirements prior to the By-law proceeding to Council. The applicable Provincial regulation states the following:
If a well produces water that is not potable, the well owner shall
immediately abandon the well unless the well owner seeks the advice of and
takes such measures directed by the local medical officer of health. O. Reg.
372/07, s. 20.
The issue of well water quality has been resolved to the satisfaction of the City and the Department supports the rezoning provided the existing well with water quality issues is abandoned in accordance with Provincial regulations. The proposed Zoning By-law permits two small existing lots to be combined for use as one lot; establishes an increased setback from the water and permits a use conforming to the Official Plan and Community Design Plan for the Village of Constance Bay.
ENVIRONMENTAL IMPLICATIONS
A minimum water setback of 25 metres will be established by the Zoning By-law to ensure a maximum setback from structures to the lot line abutting the water in accordance with Official Plan policy.
Comments from the Mississippi Valley Conservation indicated no objections to the proposed amendment. Any development on the property requires written approval from MVC under Ontario Regulation 153/06, (Development, Interference with Wetlands and Alterations to Shoreline and Watercourses Regulation). For the purposes of this regulation, development includes but is not limited to, construction or alteration of buildings and structures, site grade alterations (excavations and placement of fill), and stockpiling of material.
Mississippi Valley Conservation Authority is party to review of the building permits related to flood plain and development proposed within the fill-regulated area abutting the Ottawa River.
RURAL IMPLICATIONS
The rezoning supports development in the Rural area in an established Settlement Area, Constance Bay.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Comments received are noted in Document 4. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
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
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Dwelling Location Plan
Document 4 Public Consulation
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner, Glen Beck, 2393 Galetta Side Road, Fitzroy Harbour, Ontario. K0A 1X0, applicant, Rheal Gervais, 31 Grengold Way, Ottawa, Ontario. K2T 1E2, 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 at such time as Development Approvals is satisfied with respect fulfillment of #3 of the Department’s recommendation, forward to Legal Services Branch and undertake the statutory notification.
Legal Services Branch to forward the implementing by-law to City Council.
DOCUMENT 1
LOCATION MAP
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
Proposed amendments to West Carleton By-law 266/81, as amended
- Clause 13 (3)(a) be deleted and replaced with the following:
(a) CT-1
Notwithstanding any other provisions of this by-law to the contrary, the following applies to lands zoned CT-1 on Schedule “A”:
(i) Notwithstanding that each of Lots 6 &7, Plan 432 are full lots on a plan of subdivision being legally conveyable, the lots shall be treated as one for the purposes of determining zoning compliance.
(ii) PERMITTED USES:
(a) RESIDENTIAL:
a fully detached dwelling house
accessory dwelling unit
(b) NON-RESIDENTIAL, MAIN USE:
guestrooms, limited to four(4) maximum;
marine facility, docking facilities to be limited to six (6) boats maximum;
restaurant;
(c ) NON-RESIDENTIAL, ACCESSORY USE:
gasoline pump island
retail store
(iii) lot area, minimum: 1,721 square metres
(iv) dwelling houses per lot, maximum: 1 only
(v) Minimum building setbacks for residential and accessory residential structures:
a) front: 9 metres
b) from lane between Lots 7 & 8, Plan 432: 4.5 metres
c) from Lot 5: 7.5 metres
d) from lot line between Lots 6 & 7, Plan 432: 0 metres
e) from lot line abutting water: 25 metres
Proposed amendments to the New Comprehensive Zoning By-law for the City
1. Rural Exception [163r] be deleted and replaced to implement the following changes:
(a) allow the following uses as the only principal land uses permitted:
- detached dwelling
- marine facility
- full-service restaurant
- bed and breakfast limited to a maximum of 4 rooms
(b) allow the following as the only ancillary uses permitted:
- gas bar
- retail store
- dwelling unit
- secondary dwelling unit
(c) include the following provisions:
- a marine facility is limited to accommodating 6 boats maximum
- a bed and breakfast is limited to a maximum of 4 rooms
- lots 6 and 7 on Plan 432 are considered 1 lot for purposes of
determining compliance to zoning provisions
- only 1 dwelling is permitted
- there is no maximum front yard or corner side yard setback
- the minimum interior side yard setback abutting Lot 5 is 7.5 metres
- the setback between Lots 6 and 7 is zero metres
- the minimum setback from the lot line abutting the water shall be 25
metres
DOCUMENT 3
DWELLING LOCATION PLAN
DOCUMENT 4
CONSULTATION DETAILS
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
SUMMARY OF PUBLIC INPUT
Landowners in the immediate neighbourhood who have provided comment to staff have no concerns with adding a fully detached dwelling as a permitted use, but have expressed concern with respect to the retention of the existing Tourist Commercial uses.
One landowner has no
concerns with retaining the Tourist Commercial uses and adding a dwelling as
permitted main use.
STAFF RESPONSE TO COMMENTS
Staff explained to neighbours voicing concerns on the continuation of the existing Tourist Commercial uses that the Community Plan for the Village of Constance Bay designates the subject lands for residential uses.
The existing tourist commercial zoning was established in 1988 and pre-dates the Community Plan for the Village of Constance Bay.
The proposed zoning will add a fully detached dwelling as a permitted main use of the lot. Such use is consistent with the current Official Plan and direction within the Community Plan for the Village of Constance Bay, to permit residential uses.