2. ZONING - 4974 (5026) BANK STREET
ZONAGE - 4974 (5026), RUE BANK
(This application is subject to the provisions of Bill 51.)
That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning part of 4974 Bank Street from Rural Countryside Zone (RU) to Rural Countryside Zone Exception 142r (RU[142r]) and Rural Commercial Subzone 2 (RC2), as detailed in Document 2 and as shown on Document 1.
RECOMMANDATION DU COMITÉ
(Cette application est assujettie aux dispositions du Règlement 51.)
Que le Conseil approuve une modification au Règlement de zonage 2008-50 afin de changer le zonage d’une partie du 4974, rue Bank de Zone d’espace rural (RU) à Zone d’espace rural doté d’une exception 142r (RU[142r]) et à Sous-zone de commerces ruraux 2 (RC2), comme l’explique en détail le document 2 et comme le montre le document 1.
1. Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 18 June 2010 (ACS2010-ICS-PGM-0109).
That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning part of 4974 Bank Street from Rural Countryside Zone (RU) to Rural Countryside Zone Exception 142r (RU[142r]) and Rural Commercial Subzone 2 (RC2), as detailed in Document 2 and as shown on Document 1.
RECOMMANDATION DU RAPPORT
Que le Comité de l'agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage 2008-50 afin de changer le zonage d’une partie du 4974, rue Bank de Zone d’espace rural (RU) à Zone d’espace rural doté d’une exception 142r (RU[142r]) et à Sous-zone de commerces ruraux 2 (RC2), comme l’explique en détail le document 2 et comme le montre le document 1.
The subject sites are addressed 4974 and 5026 Bank Street, and are situated northwest of the Banks Street and Rideau Road intersection. 5026 Bank Street is approximately 6637 square metres in size and has frontage on both Rideau Road and Bank Street. The site previously contained a gas bar and convenience store, most of which have since been removed from the site, except for the canopy and the concrete pump islands where the pumps had been located.
4974 Bank Street is approximately 79 hectares in size and has frontage on Rideau Road, Bank Street, as well as Albion Road. The site is comprised of mainly vacant fields, scrub trees and some agricultural uses. The site also consists of two detached dwellings and various outbuildings, most of which date back to 1900 or earlier. One of the dwellings is known as the Johnston House and is a listed Heritage building. The properties are located along a mixed-use segment of Bank Street, which includes, commercial, industrial, rural residential and mineral resource extraction uses.
The owner of 5026 Bank Street is proposing to redevelop the site to include a new gas bar, a convenience store and a fast food outlet with a drive-through facility. In order to accommodate the proposed development additional land is required. A conditional consent was granted on August 19, 2009 by the Committee of Adjustment to convey 1455 square metres of land from 4974 Bank Street to 5026 Bank Street, increasing the total site area to 8092 square metres.
The proposal is to rezone the land to meet a condition of consent imposed by the Committee of Adjustment (application no. D08-01-09/B-00201).
The majority of 4974 Bank Street is zoned RU - Rural Countryside Zone, including the severed portion. A portion of the site along Albion Road is zoned ME2[1r]-h - Mineral Extraction Subzone 2 Exception 1r holding zone and ME2[7r] - Mineral Extraction Subzone 2 Exception 7r. 5026 Bank Street is zoned RC2 - Rural Commercial Subzone 2. The RU zone does not permit two detached dwellings on one lot or the commercial uses proposed to be developed at 5026 Bank Street.
The proposed zoning amendment would extend the boundary of the RC2 - Rural Commercial Subzone 2 to include the severed portion of 4974 Bank Street, changing the zoning from RU to RC2. The zoning amendment will also rezone the remnant portion of 4974 Bank Street which is zoned RU - Rural Countryside Zone to RU[142r ] - Rural Countryside Zone Exception 142r to permit two detached dwellings on one lot, in order to permit a currently non-conforming right.
The properties are located within an area designated as General Rural Area in the Official Plan.
The General Rural Area permits 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 and a limited amount of residential development where such development will not preclude continued agricultural and non-residential uses. The General Rural Area policies also contemplate a variety of uses which would be permitted through a zoning amendment including uses that meet the needs of the travelling public, such as restaurants and gas stations.
The subject sites are also within 300 metres of a sand and gravel resource area and within 500 metres limestone resource area. The Official Plan policies state that limited types of new development may be approved within the area of these resources. Examples of conflicting land uses that will not be considered include the creation of new lots or rezoning to permit dwellings or lodging places (motels, camp grounds, nursing homes, etc.) and farming or small-scale business uses where animals, equipment or employees are affected by pit or quarry activities.
The property at 5026 Bank Street is situated along a mixed-use area at the intersection of Rideau Road and Bank Street. The area around this intersection is characterized mainly by commercial, industrial, mineral aggregate extraction uses. Directly across the street on Bank Street is a cluster of commercial uses including several commercial garages and automobile sales establishments. A gas station and convenience store had been operating at 5026 Bank Street for several decades prior to the structures being removed in 2009 to accommodate the proposed redevelopment of the site. The zoning of the site is RC2 and currently permits the proposed use; however additional land and the subsequent minor expansion of the RC2 zone is required to accommodate the orderly redevelopment of the site.
The proposal is consistent with the policies of the Official Plan, is appropriate in size and location and is compatible with the adjacent uses, including the mineral aggregate extraction operations.
The technical amendment for the remnant portion of 4974 Bank Street to permit two detached dwellings on one lot, is simply required to permit a longstanding non-conforming right.
Staff recommends approval of the Zoning By-law amendment, as outlined in Document 2, as required to meet a condition of consent imposed by the Committee of Adjustment.
Due to the past use as a gas station and based on the recommendations of the Phase I and II Environmental Site Assessment submitted with application, conditions related to soil management (for any potential contaminated soil) will be included as conditions for any future site plan control approval and should include the requirement for analytical testing for contamination of any soil to be removed from the site during redevelopment and if the soil is found to be contaminated, it must be disposed, treated or recycled at a waste disposal site or landfill licensed for that purpose by the Ministry of Environment.
The addition of land to this property will allow for the orderly organization and redevelopment of the site of this longstanding use, which has served the rural community and the traveling public for decades. There are no adverse impacts anticipated on the rural area as a result of this zoning change.
The Ward Councillor is aware of this application and the staff recommendation.
There are no legal/risk management implications associated with this report.
The proposed amendment is consistent with the City’s Strategic Plan as it respects the rural character of the area and will not have any impact on the viability of rural villages. As well no expansion of infrastructure is required specifically for the development.
Document 1 Location Map
Document 2 Details of Recommended Zoning
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of Council’s decision.
Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
DETAILS OF RECOMMENDED ZONING
Proposed Changes to the Comprehensive Zoning By-law
1. The subject lands, known as part of 4974 Bank Street and as shown on Document 1 shall be rezoned as follows:
(a) Area A is rezoned from RU to RC2; and,
(b) Area B is rezoned from RU to RU [142r];
2. Amend Column II of Exception 142r of Section 240 – Rural Exceptions by adding the text “RU[142r]”.