4. ZONING - 1123 OLD MONTRÉAL ROAD zONAGE - 1123, CHEMIN old montrÉal |
Committee
RecommendationS
(This application is subject to the provisions of Bill 51.)
That Council:
1.
Approve an amendment to
the Zoning By-law 2008-250 to change the zoning for part of 1123 Old Montreal
Road from Rural Institutional Zone Subzone 5 (RI5) to Rural Countryside Zone with exception (RU[XXXr]),
Rural Institutional Zone Subzone 5 with exception
(RI5[XXYr]), Environmental Protection Zone (EP) and Environmental Protection
Zone Subzone 1 (EP1) as shown in
Document 1 and detailed in Document 2.
2. Approve
an amendment to the Zoning By-law 2008-250 to change the zoning for part of
1123 Old Montreal Road from Environmental Protection Zone (EP) to Environmental Protection Zone Subzone 1 (EP1) and Rural
Countryside Zone with exception (RU[XXXr]) and Rural Institutional Zone Subzone
5 (RI5) as shown in Document 1 and
detailed in Document 2.
RecommandationS DU Comité
(Cette application est
assujettie aux dispositions du Règlement 51.)
Que le Conseil :
1. approuve une modification au Règlement
de zonage no 2008-250 visant à changer le zonage d’une partie
du 1123, chemin Old Montreal, de Zone d’institutions rurales, sous-zone 5 (RI5)
à Zone d’espace rural assortie d’une exception (RU[XXXr]), à Zone
d’institutions rurales, sous-zone 5, assortie d’une exception (RI5[XXYr]), à Zone de protection de l’environnement (EP) et à Zone de
protection de l’environnement, sous-zone 1 (EP1), comme l’illustre le document
1 et l’explique le document 2;
2. approuve une modification au Règlement
de zonage no 2008-250 visant à changer le zonage d’une partie
du 1123, chemin Old Montreal, de Zone de protection de l’environnement (EP) à Zone de protection de l’environnement, sous-zone 1 (EP1), à Zone
d’espace rural assortie d’une exception (RU[XXXr]) et à Zone d’institutions
rurales, sous-zone 5 (RI5), comme l’illustre le document 1 et l’explique le
document 2.
Documentation
1. Deputy City Manager’s Report,
Infrastructure Services and Community Sustainability dated 5 August 2010
(ACS2010-ICS-PGM-0153).
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité
d'agriculture et des affaires rurales
and Council / et au Conseil
05 August 2010 / le 05 août 2010
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe, Infrastructure Services
and Community Sustainability/Services d’infrastructure et Viabilité des
collectivités
Contact
Person/Personne-ressource : Derrick Moodie, Manager/Gestionnaire, Development
Review-Rural Services/Examen des projets d'aménagement-Services ruraux,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 15134 Derrick.Moodie@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATIONS
That the Agriculture
and Rural Affairs Committee recommend Council:
1. Approve an amendment
to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old
Montreal Road from Rural Institutional Zone Subzone 5 (RI5) to Rural
Countryside Zone with exception (RU[XXXr]), Rural Institutional Zone Subzone 5 with exception (RI5[XXYr]), Environmental Protection Zone (EP)
and Environmental Protection Zone Subzone 1 (EP1) as shown in Document 1 and detailed in Document 2.
2. Approve an amendment
to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old
Montreal Road from Environmental Protection Zone (EP) to Environmental Protection Zone Subzone 1 (EP1) and Rural
Countryside Zone with exception (RU[XXXr]) and Rural Institutional Zone Subzone
5 (RI5) as shown in Document 1 and
detailed in Document 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l'agriculture et
des affaires rurales recommande au Conseil :
1. d’approuver
une modification au Règlement de zonage no 2008-250 visant à
changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone
d’institutions rurales, sous-zone 5 (RI5) à Zone d’espace rural assortie d’une
exception (RU[XXXr]), à Zone d’institutions rurales, sous-zone 5, assortie
d’une exception (RI5[XXYr]), à Zone de protection de
l’environnement (EP) et à Zone de protection de l’environnement, sous-zone 1
(EP1), comme l’illustre le document 1 et l’explique le document 2;
2. d’approuver
une modification au Règlement de zonage no 2008-250 visant à
changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone de
protection de l’environnement (EP) à Zone de protection de
l’environnement, sous-zone 1 (EP1), à Zone d’espace rural assortie d’une
exception (RU[XXXr]) et à Zone d’institutions rurales, sous-zone 5 (RI5), comme
l’illustre le document 1 et l’explique le document 2.
The subject property,
1123 Old Montreal Road, site of the Word of Life Church, is approximately 30.0
hectares in area. It is bounded by Old Montreal
Road (Regional Road 34) to the south, Old Highway 17 (Regional Road 174) to the
north, the Cardinal Creek Sector Business Park to the west, and Laporte’s
Nursery to the east. Cardinal Creek
extends along the entire west side of the property within a significant
valley/ravine and flows north into the Ottawa River.
The site is officially
located in the rural portion of the municipality since the Cardinal Creek
ravine is considered to be the boundary between the General Urban and the
General Rural Areas of the city. There
is an appeal to Official Plan Amendment No 76 (OPA 76) seeking to add this site
and other lands east of Cardinal Creek into the urban boundary. The approval of these changes to the Zoning
By-law, and the conveyance of these lands, should not be interpreted as support
by the City for any form of development other than for rural uses.
There are no municipal
services (water, sanitary or storm sewers) to the subject lands and the
existing church and surrounding lands to the south and east are all on private
services.
The Zoning By-law
amendment is required to address a conditional consent approval (Application
No. D08-01-09/B-00258) that would have the effect of creating a total of three
lots (from the original parcel) and the conveyance of land to the City. This will
enable the World of Life Church to sell its excess land and maintain ownership
of their Church facility. The conditions
include the following:
1) That the Owner obtains a rezoning with
all levels of appeal exhausted to modify the zoning of the parcel to be severed
to limit the permitted uses to agricultural uses, to exclude any additional
buildings and to recognize the lack of adequate frontage. The rezoning will
also modify all severed and retained lands identified as hazard lands pursuant
to condition No. 2 below and recognize the deficient frontage of the easterly
retained parcel.
Another condition
requires the conveyance of the lands located beyond the limit of development to
the City as established through consultation with the Conservation Authority
and City.
There are no new
buildings or structures envisaged at this time for the subject lands.
The majority of the
subject lands is zoned RI5 - Rural Institutional Subzone. This zoning covers
the area where the church and parking is presently located. The lands located generally
within the ravine are currently zoned EP which is an Environmental Protection Zone.
The Rural Institutional
Zone is intended to permit a limited range of educational and religious‑related
institutional uses.
The Environmental
Protection Zone is intended to recognize lands which: are designated in the Official Plan as
Significant Wetlands, Natural Environment Areas and Urban Natural Features; are
lands historically identified as hazard lands; or lands that contain important
environmental resources which must be protected for ecological, educational and
recreational reasons. The subject lands
are identified as part of the City’s Natural Heritage System on Annex 14 (OPA
76).
The purpose of the
Environmental Protection Zone is to permit only those uses which are compatible
with and assist in the protection of the environmental attributes of these
lands, or are in keeping with applicable Official Plan policies and to regulate
development to minimize hazards and the impact of any buildings or structures within
these environmental areas.
The permitted uses in
the Environmental Protection Zone include an environmental preserve and
education area, and a forestry operation.
The subzone EP1 also permits an additional use that being a utility installation, defined as including a storm water management facility.
Area A in
Document 1 would apply to the severed parcel. This parcel does not have the
required minimum lot width of 30 metres and thus would require an
exception. The exception would recognize
a minimum lot width of 10 metres and address limitations on the use of the land
by permitting only agricultural uses and no additional buildings (As described
in Document 2.) This parcel is to be
rezoned from RI5 to RU[XXXr] (Exception).
Area B consists
of the easterly retained parcel that is presently vacant. This parcel does not have the required
minimum lot width of 30 metres and thus would require an exception from the
present RI5 zone. The exception would
recognize a minimum lot width of 16 metres (As described in Document 2). This parcel is to be rezoned from RI5 to RI5[XXYr]
(Exception).
Area C consists
of the majority of the main channel of Cardinal Creek. The present zoning is EP and since it is
contemplated that a stormwater management facility maybe constructed in the
future within this zone, the EP1 subzone is the more appropriate zone
classification. With the benefit of
detailed geotechnical analysis now available, the eastern boundary of the zone
is also to be revised. The proposed
consent is conditional upon these lands being conveyed to the City.
Area D consists
of a part of the north tributary to Cardinal Creek, a narrow watercourse that
drains lands to the east, and added sections (that will now fall below the
limit of development) of the Cardinal Creek channel where no stormwater
management facility is contemplated. The
proposed consent is conditional upon these lands being conveyed to the City. This Area is to be rezoned from RI5 to EP.
Area E consists
of parts of the severed parcel that will now be part of the table lands (the
limit of development). This Area is to
be rezoned from EP to RU[XXXr].
Area F consists
of parts of the severed parcel that will now fall below the limit of
development and be part of the Cardinal Creek main channel, where a stormwater
management facility is contemplated.
This Area is to be rezoned from RI5 to EP1.
Area G consists
of part of the retained parcel that will now be part of the table lands (above
the limit of development). This Area is
to be rezoned from EP to RI5.
The subject lands are
designated as General Rural Area on
Schedule ‘A’. The ravine containing
Cardinal Creek is designated as Unstable
Slopes on Schedule ‘K’. The
Natural Heritage System that is identified in OPA 76, and illustrated by the
information map (Annex 14, Natural Heritage Systems), includes the
Cardinal Creek ravine. This creek system was evaluated as part of the City’s Urban
Natural Features Study. Portions of the site area are classed as Significant
Valleylands.
The General Rural Area Designation is intended 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 Unstable Slope designation is intended to strictly control the advancement of development into these areas. The policies are intended to provide assurances through studies that the lands will not be adversely affected by any new development.
A detailed and comprehensive Geotechnical Investigation was prepared indicating the acceptable limit of development derived from a consideration of the limit of hazard land and the minimum setback from a watercourse established in the Official Plan. This limit of development has been agreed to by the Conservation Authority. This established line will form some of the zone boundary.
The intent of the Natural Heritage
System is to identify, maintain, restore, and where
possible, improve the diversity and connectivity of natural features and the
long-term ecological function and biodiversity of these natural systems.
Rationale
The proposed zoning by-law amendment removes lands currently zoned RI5
and places them into an EP zone while confirming a suitable limit of
development so as to protect the natural heritage system from any future
development and to direct development away from areas of natural hazards where
there is an unacceptable risk to public health or safety or of property damage.
The establishment of the limit of development and subsequent delineation
of the EP Zone boundary is compatible with the policies for the Natural
Heritage System as mandated by the Provincial Policy Statement.
The proposed uses for
the table lands located above the limit of development line are consistent with
the types of uses typically permitted within the General Rural Area designation.
The proposed Zoning By-law amendment implements the decision of the Committee of Adjustment for Application D08-01-09/B-00258.
The existing place of worship is considered an acceptable/compliant non-agricultural use.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.
Councillor Jellett is aware of this application.
There are no legal/risk management implications associated with this report.
N/A
There are no direct financial implications associated with this report.
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
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 City 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.
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
- all uses except agricultural use
- minimum required lot width: 10 m
- no buildings are permitted
- minimum required lot width: 16 m