Report to/Rapport au :


Planning and Environment Committee

Comité de l'urbanisme et de l'environnement


and Council / et au Conseil


24 April 2009 / le 24 avril 2009


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 : Michael Wildman, Manager/Gestionnaire, Development Review-Suburban Services/Examen des projets d'aménagement-Services suburbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 27811


Gloucester-South Nepean sud (22)

Ref N°: ACS2009-ICS-PLA-0076




ZONING - Part of 3760 Prince of Wales drive  (FILE NO.  D02-02-09-0011)




ZONAGE - partie du 3760, promenade prince of wales




That the  recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 3760 Prince of Wales Drive from DR - Development Reserve Zone to DR [460] - Development Reserve Zone exception 460, as detailed in Document 2.




Que le Comité de  recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage d’une partie du 3760, promenade Prince of Wales de DR - zone d’aménagement futur à DR [460] - zone d’aménagement futur assortie de l’exception 460, comme le décrit le Document 2.





The subject land, 0.465 hectares in size, is a portion of a farm property known as 3760 Prince of Wales Drive, which has an area of eight hectares.  This property is located on the west side of Prince of Wales Drive, north of the intersection of Rideau Valley Drive and Jockvale Road, and south of Woodroffe Avenue. There are four buildings on the overall farm property; two of which are located within the area subject to this zoning amendment.  This area is bounded by Beryl Gaffney Park to the east, a car dealership to the south, a cemetery to the north and the remainder of the owner’s farm to the west.  The site is currently on private services. 


Since the 1950s this property has been used to grow various types of produce.  This produce has been sold from an on-site building as a seasonal retail outlet for farm products produced on the farm.  The current zoning permits the accessory sale of farm products on the farm where they are produced.


In August 2001, the applicant was charged with a Zoning By-law offence because the accessory buildings were used as showrooms for a retail use.  At that time the property was zoned as  ‘FG (Future Growth) Zone’ under former Nepean Zoning By-law, which did not permit this use.  As a result, in March 2002, the applicant submitted a Zoning By-law Amendment application to permit a permanent Garden Centre.  At that time, City staff did not support the rezoning on the basis that it did not conform to the policies of the former City of Nepean Official Plan and the proposed rezoning would not meet the intent of the ‘Future Growth Zone’.


Purpose of Zoning Amendment


In April 2006, the subject portion of 3760 Prince of Wales Drive was rezoned to ‘Future Growth, Block 3’, under former Nepean Zoning By-law, to permit an ‘Outdoor and Garden Supplies Sales Centre’, as a temporary use.  The purpose of the zoning amendment was to permit retail sales of local and imported produce, garden sheds, lawn furniture and other related products from existing on-site buildings. The temporary zoning amendment was effective for a three-year period, from April 12, 2006 until April 12, 2009.  The applicant wishes to reinstate the same temporary use of the previous Zoning By-law amendment, which has since expired, and extend the temporary use for another three years.


Existing Zoning


Current zoning for the site is DR (Development Reserve) under the Zoning By-law 2008-250. The intent of the ‘Development Reserve Zone’ - DR, is to clearly recognize lands intended for future urban development in areas designated as ‘General Urban Area’ and ‘Development Communities’ in the Official Plan.  The purpose of the ‘Development Reserve Zone’ is to limit the range of permitted uses and to only allow uses that would not limit the future development of the area.




Official Plan 


The subject site is designated as ‘General Urban Area’ in the Official Plan.  This designation permits all types and densities of housing, as well as employment, shopping, service, industrial, cultural, leisure, greenspace, entertainment and institutional uses. Non-residential uses are to be directed to locations where anticipated impacts on residential development are minimized and can be adequately mitigated or otherwise addressed.  In addition, development must achieve compatibility of form and function with surrounding development.  The proposed Temporary Use By-law is of similar character to the existing semi-rural uses in the surrounding area, which include a cemetery, car dealership, public park, and sporadic rural residences.  The proposal is therefore compatible with the adjacent uses.  In view that the proposed temporary use will expire after a maximum of three years, the long-term compatibility will be re-evaluated at such a time when future development applications are received.  As a result, the proposed temporary use will not compromise the future development of the lands for ‘General Urban’ purposes and as such is in conformity with the Official Plan policies.


Prince of Wales Drive is designated as a ‘Scenic Entry Route’ in the Official Plan.  Scenic Entry Routes are intended to provide a safe and attractive environment; thereby providing a favourable first impression for travellers entering the city. Development applications should consider such matters as:  building orientation, outside storage, site access and egress, landscaping, fencing, lighting and signage to create an aesthetically pleasing streetscape.  In order to satisfy the intent of the ‘Scenic Entry Route’ policies, outdoor storage will be prohibited within the required 7.5‑metre front yard.  Adherence to this setback will reduce the visual impact of the use on Prince of Wales Drive.  No other physical changes to the site are proposed.


Private Services


The site is within the Urban Boundary and is thus within the Public Service Area.  Section 2.3.2 -Public Services, Policy 9, of the Official Plan stipulates that where no provision for public services exists, the City may permit development on private services in defined Public Service Areas under certain circumstances.  Private servicing is appropriate in this circumstance given that this development is temporary in nature and will not compromise the long-term development of the area on public services.  Public Services are not currently available in the area of this site, and private services can be adequately provided.  Any future development on the site will be evaluated in light of the availability of public services at that time.  Staff is satisfied that the proposed ‘Temporary Use’ meets the policies for private servicing.


The proposed Temporary Use is compatible with surrounding development, can be adequately serviced by private services, and will not compromise long-term development of the site.  The proposal conforms to the relevant policies of the Official Plan.  As a result, staff supports this application.




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.  The City did not receive any negative comments or opposition to this application.




There are no legal/risk management 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 Legal Services Branch, Legislative Services to notify the owner, Mr. David Welch, applicant, 7066 Third Line Road, RR #1, Kars, Ontario   K0A 1E0, 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 Department 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.

LOCATION MAP                                                                                                  DOCUMENT 1



DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2


1.      The Zoning Map of By-law 2008-250 be amended to show that the subject lands shown on Document 1 will be rezoned from DR - Development Reserve Zone to DR[460] - Development Reserve Zone, Exception 460:


2.    Section 239 be amended by deleting the current text of exception 460 and replacing it with the following:




Exception Number


Applicable Zone

Exception Provisions


Additional Land Uses Permitted


Land Uses Prohibited





retail store limited to an outdoor and garden supply sales centre


- the retail store limited to an outdoor and garden supply sales centre is permitted for a temporary period effective June 10, 2009 and expiring June 10, 2012

- following expiration of the temporary zoning, the lands will revert to the underlying DR zone

- outdoor storage is prohibited within the front yard