2.
zoning – 1229
dwyer hill road
zonAGE
– 1229, CHEMIN DWYER HILL
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COMMITTEE RECOMMENDATION
That Council approve an amendment to the former
Township of Goulbourn Zoning By-law to change the zoning of 1229 Dwyer Hill
Road from Open Space and Wetland to Mobile Home Park - Exception, General
Commercial - Exception, and Wetland, as shown in Document 1 and detailed in
Document 2
Recommandation du comitÉ
Que le Conseil municipal approuve une
modification au règlement de zonage de l'ancien Canton de Goulbourn, afin de
changer le zonage de la propriété située au 1229, chemin Dwyer Hill, qui porte
actuellement les désignations Espace
libre et Terre humide, et de remplacer celles-ci par les désignations Parc de
maisons mobiles - Exception, Zone commerciale générale - Exception et Terre
humide, comme l'illustre le document 1 et le précise le document 2.
Documentation
1.
A/Deputy
City Manager, Planning and Growth
Management report dated 21 June 2006 (ACS2006-PGM-APR-0141).
2. Extract of Draft Minutes
30, Agriculture and Rural Affairs Committee meeting of July 10, 2006.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
21 June 2006 / le 21 juin 2006
Submitted by/Soumis par : John L. Moser,
Acting Deputy City Manager/Directeur municipal adjoint, par intérim,
Planning and Growth Management / Urbanisme et Gestion de la croissance
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 Township of Goulbourn Zoning By-law to change the zoning of 1229 Dwyer Hill Road from Open Space and Wetland to Mobile Home Park - Exception, General Commercial - Exception, and Wetland, as shown in Document 1 and 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 de l'ancien Canton de Goulbourn, afin de changer le zonage de la
propriété située au 1229, chemin Dwyer Hill, qui porte actuellement les
désignations Espace libre et Terre
humide, et de remplacer celles-ci par les désignations Parc de maisons mobiles
- Exception, Zone commerciale générale - Exception et Terre humide, comme
l'illustre le document 1 et le précise le document 2.
BACKGROUND
The subject lands are situated at the southeast corner of Dwyer Hill Road and Highway 7. The subject lands are approximately 12.3 hectares in area.
When the applicants first purchased these lands, they were being used as a Tourist Camp, a permitted use within the Open Space Zone. The Owners also established trailer sales on a portion of the site where trailer sales had historically taken place. Over the years more and more people have been opting to stay at the campground year-round and the trailer sales have flourished. Owing to the popularity of these two uses, the applicants are seeking to legally accommodate them and are therefore applying to amend the existing Zoning By-law.
Purpose of
Zoning By-law Amendment
The applicants wish to legally establish a Mobile Home Park on their lands. They also wish to continue using the lands for trailer sales and associated accessory uses. Some minor changes will be made to the wetland boundary to include a remnant parcel of Open Space and to reflect an adjusted boundary that has been recognized by the Rideau Valley Conservation Authority.
In
1977, the subject lands were zoned Open Space in the Township of Goulbourn's
Zoning By‑law. By-law 59-83 zoned
a portion of these lands, i.e. an area of approximately 100 metres in depth
along Highway 7 and 200 metres of frontage on Dwyer Hill Road, as
Commercial. The new Comprehensive
By-law of 1999 removed the Commercial zone.
There was no appeal filed by the applicants for the change in zoning on
their lands; however, they have
continued to operate their trailer sales business. The Comprehensive Zoning By-law of 1999 also zoned as Wetland the
portion of Manion Corners Long Swamp that extends into the subject lands.
The current zones on the property are Wetland and Open Space. Neither zone permits residential development except an existing single detached dwelling on an existing lot is permitted in the Wetland zone and an accessory dwelling unit and accessory dwelling are permitted in the Open Space zone.
DISCUSSION
City Council Approved Official Plan
The
City Council Approved Official Plan designates the lands Significant Wetlands
and General Rural Area. The Plan
recognizes that Provincially Significant Wetlands are sensitive environmental
areas that require protection. The
policies also recognize that more detailed mapping exists and that this
information will result in minor boundary adjustments. The applicants have undertaken more detailed
wetland mapping that has been reviewed by the Ministry of Natural Resources
(MNR) and the Rideau Valley Conservation Authority (RVCA). Although the MNR recognizes the applicants'
work, it is not their intention to formally change the wetland boundary at this
time since the twinning of Highway 7 is imminent. Once that work is completed,
MNR may revisit this area since the highway construction will have a
significant effect on the wetland, along with some works, to be undertaken by
the applicants.
The City Council Approved Official Plan designates the balance of the subject lands General Rural Area. This designation allows for small clusters of residential and commercial development that do not conflict with agricultural and permitted non-agricultural uses.
Former Regional Official Plan of Ottawa-Carleton
The former Regional Official Plan designates these lands as Significant Wetlands. This designation prohibits development, site alteration, the change in land use and the construction of buildings and structures requiring approval under the Planning Act. The policies also recognize that the boundaries of the Provincially Significant Wetlands may be more accurately determined through more detailed maps and/or a Wetland Impact Study.
Former Township of Goulbourn Official Plan
The former Township of Goulbourn Official Plan
designates the lands Provincially Significant Wetlands, Adjacent Lands and
Marginal Resource Area. The policies
for Provincially Significant Wetlands recognize that these are features of
Provincial interest. Uses are
restricted to those such as open air recreational uses that do not adversely
affect the natural characteristics of the environment, conservation or
management of wildlife or other natural features, and scientific or educational
uses.
Adjacent Land Policies
The Adjacent Lands are defined as
those lands within 120 metres of an individual Provincially Significant Wetland
or lands that connect individual wetlands into a Provincially Significant
Wetland Complex. Policies require that
development within these lands obtain a site specific Zoning By-law amendment
in addition to the preparation and approval of an Environmental Impact Study.
Marginal Resource Policies
The Marginal Resource designation
permits commercial uses in the rural area.
These uses typically require a greater land area to operate.
Mobile Home Park Policies
Mobile Home Park policies are
outlined in Section 5.5 of the former Township of Goulbourn Official Plan where
it states that Mobile Home Parks are permitted within the Marginal Resource
designation.
The proposed Zoning By-law amendment
will accomplish the following:
1) Re-zone some of the Open Space lands
west of the Provincially Significant Wetland to General Commercial - Exception.
2) Adjust the Wetland zone to reflect
the existing Wetland boundary and to include the remnant Open Space parcel.
3) Establish a Mobile Home Park zone on
the balance of the Open Space lands.
This zone will recognize the existing residential component of the
subject lands.
The water and septic systems for this development have been reviewed and
considered to be adequate by City staff; however, neither can support any
expansion or intensification of use.
Conclusion
The Department is recommending approval of the
proposed Zoning By-law amendment because it satisfies the intent of all
applicable policies and is compatible with the surrounding area.
The application legitimizes the existing
non-conforming uses on the property and establishes additional controls on the
site. It establishes finite boundaries
for the various land uses and will guard against further encroachment into the
Provincially Significant Wetlands. The
enactment of this By-law will also allow the associated site plan application
to be processed. It should be noted
that many of the issues and/or concerns identified during consultation are site
plan related. They can be addressed
through the site plan agreement once the year-round residential uses are
established through the Mobile Home Park zone.
ENVIRONMENTAL IMPLICATIONS
Of particular concern for this site were the excavation of two ponds within a Provincially Significant Wetland and the establishment of residential sites within 120 metres of the wetland boundary. The applicants commissioned a study entitled “Preliminary Site Assessment and Recommended Rehabilitation of Pond Construction at South End of Manion Corners Long Swamp Wetland” (White, David J., 27 September 2000). The Report states that the ponds should not have been constructed since the activity resulted in a loss of wetland area and function. It identifies opportunities to rehabilitate the disturbed areas and recommends what should be done. The RVCA has indicated to the applicants that instead of filling in the ponds, the Conservation Authority's preference would be to rehabilitate the site to help integrate the ponds back into the wetland comunities. This approach is supported by the environmental consultant and will be implemented through conditions of approval for the site plan application.
RURAL IMPLICATIONS
Recognition of the existing mobile home park is a means of providing appropriate and affordable housing to rural residents. The park provides a choice to many individuals who desire the rural lifestyle while providing them with a liveable community.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Comments were received from the Country Club Village Association, the Northwest Goulbourn Community Association and residents of Dwyer Hill RV Resort which are included in Document 3. 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 complexity of planning and servicing issues associated with the
site.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation
Details
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, to notify the owners, Antoine and Suzanne Beaulieu, 1229 Dwyer Hill
Road, R.R. # 4, Ashton, ON K0A 1B0,
applicant, Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5, 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 Branch and undertake
the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
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- The subject property would be re-zoned as follows:
· to C exception;
· to RMH exception; and
· to W
- Additional permitted uses are as follows to the General Commercial (C) Exception Zone:
· Dwelling Unit, Accessory (5 maximum)
· Trailer sales and trailer display
The following additional permitted use to the Mobile Home Park (RMP) Exception Zone:
· Maintenance Building (1 maximum)
3. The following zone provisions will apply to the appropriate zones:
General
Commercial (C) Exception zone:
· Minimum Rear Yard 0 metres
Mobile Home Park (RMH) Exception zone:
· Minimum Exterior Side Yard 7 metres
· Minimum Interior Side Yard 0 metres
· Minimum Rear Yard 8 metres
· Maximum Number of Units 112
· the zone boundaries will be considered lot lines for determining yard provisions
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. There was one public meeting held in the community
specifically dealing with the zoning issue.
The Councillor
also hosted three other meetings for interested residents that dealt with the
applicant’s property in addition to other related issues.
PUBLIC COMMENTS
The residents of the campground who responded to the circulation were in support of this application.
August 22, 2005 - PUBLIC MEETING COMMENTS
Following are the comments raised during the public meeting held under the authority of the Planning Act.
1) Comment: Will RV vehicles be allowed on site for year-round use?
Staff Response: Yes, the existing Park Model Trailers (PMT) will be permitted as a “legal non-conforming use”. However with the re-zoning, no camping will be permitted.
2) Does the sewage system really meet capacity?
Staff Response: The existing system has the Ministry of the Environment’s (MOE) approval (as a functioning system) but there still is a question of its capacity. The City is awaiting information from the park owners/ consultants on whether the system will meet the community’s demands. If not, changes will have to be made.
3) Comment: Is a PMT a mobile home?
Staff Response: No. According to the Ontario Building Code, PMT’s are designed for three-season use (e.g. they are not intended for use during Canadian winters since they have less insulation than year-round mobile homes.)
4) Comment: How will current residents of the park be treated under the City plan?
Staff Response: Legal non-conforming uses give people the right to continue living in PMT’s or units designed for three-season use. Non-conformity will also allow the owners of the PMT’s to sell them as a legal non-conforming use to future occupants. However, once these units must be replaced either because of age or deterioration or because an existing unit is removed, all new units must conform, i.e. must be mobile homes as defined in the Zoning By-law.
5) Comment: What about buffering the maintenance garage?
Staff Response: Buffering around the maintenance garage can be addressed through the site plan approval process. In the meantime, the Owners have agreed to remove the trailers stored around the garage to another site.
6) Comment: Why weren’t the residents informed that the park was only zoned for seasonal use?
Staff Response: City staff could have and have informed prospective purchasers about the zoning on the site. The question needs to be asked. Staff do not know who is interested in buying properties in this park and anywhere else in the city. If approached, the information is provided. However the issue now is fixing the situation for the future.
7) Comment: Is the existing wetland going to stay wetland?
Staff Response: Yes, but it should be noted that revised wetland mapping will have to be prepared and approved by the MNR.
8) Comment: Isn’t there a mandatory 120 metre buffer around the wetland area?
Staff Response: It isn’t a “buffer”. Provincial Policy and the local Official Plan define this area as Adjacent Lands. This is an area where development may have an impact on the wetland. Development here is possible but an Environmental Impact Study conducted by a qualified professional, with expertise in environmental sciences, must support it.
COMMUNITY ORGANIZATION COMMENTS
The Country Club Village Association and the Northwest Goulbourn Community Association raised the following issues:
1) Comment: Increased use of groundwater on this property will have an adverse effect on the groundwater aquifers from which the campground residents and residents of Country Club Village draw their drinking water. There is no assurance that the existing domestic water system supports this type of operation. What safeguards have been taken to ensure that the additional units and garage activities do not overload or contaminate water treatment facilities? How much additional water will be taken to service additional units? Does the City of Ottawa understand the environmental impact of approving the proposed changes?
Response: The development is currently operating with a Certificate of Approval and a Permit to Take Water issued by the MOE. Any expansion requiring more than the permitted amount of water will require further study and approval from the MOE and written consent from the City where we are able to impose any conditions deemed necessary. Based on reports provided by the MOE, the present system is operating within the requirements of Provincial Regulations. Regular testing and sampling must be performed and records maintained and be made accessible to any MOE inspector. Questions concerning the Terms and Conditions of operating the communal water supply and treatment system are described in the Terms and Conditions of the Certificate of Approval.
2) Comment: There is no assurance that existing septic adequately supports the size and type of development and any expansion. Does the septic system meet the RVCA’s and the MOE’s regulations and standards? What security measures are in place to protect the integrity of the aquifer in this area if the system fails, lines leak or a main line breaks?
Response: The septic system is operating under an MOE Certificate of Approval. Any expansion beyond this approval will require either amendment to the existing Certificate of Approval or a new one. The existing septic has been evaluated by the Owners’ consultant and has been found to be adequately sized and have sufficient capacity for servicing the current development with the room for more units. Regular inspections are required and if conditions are such that repairs are required it will be the Owners’ responsibility to do so. Based on the recent report prepared by the Consultants, an inspection and steam cleaning of the system was performed in 2000. MOE inspections in 2002 did not find any visual indication of leakage of the system. Details regarding the operation and management of this communal system are described in the Terms and Conditions of the Certificate of Approval.
3) Comment: There is no indication that the existing stormwater management system that drains into a Provincially Significant Wetland has been assessed as to its environmental impact and been approved.
Response: The Owners’ consultant inspected and reviewed the stormwater management system and found it adequate. It is expected that there may be some ponding in areas but the report does not indicate any flooding events in the past. Currently there are no Certificates of Approval for this system.
4) Comment: What impact will increase housing density and additional RV and trailer traffic have on accessing Dwyer Hill Road or proposed collector road?
Response: Currently the Owners do not have City of Ottawa approval for an expansion of this development; however, the City does not anticipate that the increased traffic will reduce the level of service below an acceptable level.
5) Comment: The proposal will result in the reclassification of the remainder of the site (beyond the existing operations i.e. display and sale of trailers, offices, tourist camp) to Open Space and would reduce the minimum exterior side yard from 15 metres to 7.0 metres and the proposal requests the maintenance and repair facility to continue in the Open Space zone. The result is an increased density of the Mobile Home Park and permit automotive garage activities in the Open Space zone.
Response: The area beyond the trailer sales and display area will not be re-zoned Open Space. What has been operating as a campground and where the occupied trailers are currently situated will be zoned Mobile Home Park – Exception. The Mobile Home Park zone will recognize the land use activity that has been occurring on the property. The exception will recognize the existing setbacks on this portion of the site. The maintenance garage that will be used to service the park will be situated within this zone not an Open Space zone.
6) Comment: In a rural setting, there is no requirement to reduce a minimum exterior side yard for the proposed new mobile home sites from 15.0 metres to 7.0 metres.
Response: Although the mobile home sites referred to are new, they have been developed. The proposed exterior side yard setback will recognize the existing new exterior side yards. It would be too onerous on the applicants and the residents of the affected trailers to have them relocated to reflect a 15 metre setback.
7) Comment: A concern was raised that retroactive approval of this existing development sets a bad precedent for future by-law enforcement. Observing that the Trailer Park has ignored previous municipal attempts at proper planning and building approvals expanded this concern. The Owners now want the City to approve non-conforming uses. That is not right. If the operators didn’t follow the rules before, they shouldn’t be allowed to benefit at this point.
Response: This is not the first time the City has had to re-zone lands to reflect existing development. Many Zoning By-law amendment applications are submitted for the very purpose of bringing into conformity non-complying land uses and non-conforming zone provisions. It is most unfortunate that the applicants did not comply with the by-law in the development of this park; however it is the residents of the park who would be most inconvenienced by the refusal of this application and who would benefit from its approval. Notwithstanding the zoning approval, the applicants are still required to comply with other relevant policies and legislation including obtaining site plan approval and building permits, before the development has full legitimacy.