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5. ZONING
– 2740 DUNROBIN ROAD (FILE NO. D02-02-07-0060) ZONAGE – 2740, CHEMIN DUNROBIN
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COMMITTEE recommendation
That Council approve an amendment to the former City of
Kanata March Rural Zoning By-law to change the zoning of 2740 Dunrobin Road
from ER-5 Special Estate Residential 5 to C-s (H)
Rural Commercial Exception Holding
Zone and C-t (H) Rural Commercial Exception Holding
Zone as shown in Document 1 and as detailed in Document 2
Recommandation du Comité
Que
le Conseil approuve une modification au Règlement de zonage rural de March de
l’ancienne Ville de Kanata en vue de changer la désignation de zonage du 2740,
chemin Dunrobin de ER-5, Zone de domaines résidentiels spéciale 5, à C-s (H),
Zone commerciale rurale assortie d’une exception et à aménagement différé, et à
C-t (H), Zone commerciale rurale assortie d’une exception et à aménagement
différé, tel qu’il est indiqué dans le document 1 et expliqué en détail dans le
document 2.
DocumentatioN
1.
Deputy
City Manager's report Planning, Transit
and the Environment dated 08 November 2007 (ACS2007-PTE-APR-0212).
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
08 November 2007 / le 08 novembre 2007
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 RECOMMENDATION
That the recommend Council approve an amendment to the former City of
Kanata March Rural Zoning By-law to change the zoning of 2740 Dunrobin Road
from ER-5 Special Estate Residential 5 to C-s (H)
Rural Commercial Exception Holding
Zone and C-t (H) Rural Commercial Exception Holding
Zone as shown in Document 1 and as detailed in Document 2
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil d’approuver une modification au Règlement de
zonage rural de March de l’ancienne Ville de Kanata en vue de changer la
désignation de zonage du 2740, chemin Dunrobin de ER-5, Zone de domaines
résidentiels spéciale 5, à C-s (H), Zone commerciale rurale assortie d’une
exception et à aménagement différé, et à C-t (H), Zone commerciale rurale
assortie d’une exception et à aménagement différé, tel qu’il est indiqué dans
le document 1 et expliqué en détail dans le document 2.
BACKGROUND
The
subject property is located in close proximity to the Village of Dunrobin south
of Thomas A. Dolan Parkway on the east side of Dunrobin Road.
The
property has an area of four hectares; however, the proposed Zoning By-law
amendment is restricted to an area of 0.85 hectares having 83.12 metres of
frontage along Dunrobin Road. Of the
total frontage, 78.62 metres has a one foot reserve registered against the
property which restricts access to Dunrobin Road (see Document
4....................). The remnant parcel is approximately 3.2 hectares
in size and there are no current proposals for development of this land.
The
subject lands are vacant. To the south
of the subject property is a public storage facility, to the west (across
Dunrobin Road) a restaurant/cafe, to the north a single detached residence (Thomas
A. Dolan Parkway), and to the east, vacant lands. The Village of Dunrobin lies directly north of Thomas A. Dolan
Parkway.
The
Zoning By-law amendment application for the subject site requests two
commercial zones, exception provisions, as well as the addition of a new
definition.
DISCUSSION
The
subject lands are designated "General Rural Area" within the Official
Plan. This designation contains a
variety of land uses, such as farms, rural housing, wood lots and forests,
small industiresindustries,
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
property is zoned ER-5 Special Estate Residential 5 by the former City of
Kanata Zoning By-law No. 74-79 (Rural Kanata).
The ER zone permits a single detached dwelling; agricutural uses and
management uses exclusively devoted to conserving or managing the natural
attributes of the area, market gardening, keeping of livestock of all kinds;
uses associated with the processing of produce from agricultural land or
gardens, tillage of the soil, the breeding, raising or grazing of livestock of
all kinds, the raising of poultry and the production of poultry products, dairy
farming, the growing of food for human consumption or for the feeding of
livestock, the keeping of bees; reforestation or wood lot management. Any agricultural operation involving the
keeping of livestock or poultry shall be required to be in compliance with the
Agricultural Code of Practice.
The
special provision (5) for this zone requires the completion of a Wetland Impact
Statement.
"no site plan apporval shall be granted for any of the permitted uses including but not limited to : buildings, parking areas and aisles; that would be located on land within 120 meters from the boundary of a Provincially Significant Wetland unless a Wetland Impact Statement (WIS) has been undertaken by the owner"
The subject area is approximately
600 metres away from the Provincially Significant Wetland. A WIS is not necessary as there are no
wetland related issues for this site.
As a result of the technical circulation, issues have been raised with respect to a longstanding issue of contaminated soil and groundwater at the intersection of Thomas Dolan Parkway and Dunrobin Road. Concern has been raised that the water-taking typical to a car wash may have a detrimental effect by possibly influencing the extent of the plume of contamination. Further concerns were raised as to the quantity of ground water required for the car wash, depth of the well and how wastewater will be handled.
A
hydrogeological overview prepared
for this application regarding
the suitability
of the car wash on
this site was provided by the applicant as evidence to its
claim as an environmentally sensitive
car wash. It
is noted that the applicant will be required to submit a full
Hydrogeological and Terrain analysis of the site to support a car wash use.
The
technical circulation has also identified
future intersection improvements for the area and a
significant realignment of Dunrobin Road at the intersection of Thomas Dolan
Parkway. Design continues on the project. Utility relocations are scheduled to occur
this fall (2007) with potential for minor associated road works as well.
Purpose of
Zoning By-law Amendment
The
applicant wishes to rezone a portion of his overall land holding (0.85
hectares) to accommodate two separate commercial zones with their accompanying
exception provisions. Both zones will
permit an environmentally sensitive car wash, a new location for the Dunrobin
Veterinary ClinincClinic,
and an automobile dealership. A
holding symbol
will be placed on both commercial zones and
may only be removed when a full Hydrogeological and Terrain
analysis of the site has been completed to the satisfaction of the City
of Ottawa (see Document 2). With
respect to the automobile dealership, there is no definition for this use
included in the former Rural Kanata Zoning By-law 74-79. The former West Carleton By-law 266 of 1981,
which applies to the Village of Dunrobin, includes a comprehensive definition
for automobile dealership. This has
been reviewed and is considered to be an appropriate and therefore for the sake
of clarity has been included in the bylaw.
The subject area will be rezoned to C-s (H)
Rural Commercial Exception Holding
Zone and C-t (H) Rural Commercial Exception Holding
Zone as shown on Document
1 and detailed in Document 2....................... Consent applications have been filed
to sever the two proposed commercial zones creating two new lots while
retaining the remainder of the original parcel.
Planning Rationale
The subject application has been examined pursuant to the provisions of the Official Plan and applicable policies have been satisfied.
Section 3.7.2. of the Official Plan sets out the objectives and policies for a mix of rural uses permitted in the General Rural Area. There are specific policies that must be addressed when considering non-agricultural uses in a General Rural Area. General Rural Areas are designated on Schedule A with the intent to provide the following:
a) A location for those non-agricultural uses that, due to their land requirements or the nature of their of their operation, would not be more appropriately located within urban or Village locations.
b) For a limited amount of residential and other rural and tourist service use that do not conflict with a) above.
A Zoning By-law amendment is required where any of the following uses are proposed in the General Rural Areas.
a)
Other new non-residential uses that would not be better
located within a Village and which are in keeping with the rural character or
those uses that meet the needs of the travelling public, such as a restaurant,
gas station, motel, retail of up to 1 000 square metres gross leasibleleaseable
area or similar use.
When considering an application to amend the zoning by-law to permit a new use identified above, the following matters must be considered.
a) The use would not be better located in a Village or the urban area.
The applicant seeks approval for an Animal Hospital, Automobile Dealership and a Automobile Washing
Establishment. Typically village
commercial uses operate on lot areas averaging 1 800 to 2 000 square metres and
cater to the local community day to day services. The uses requrested
require land parcels that are not consistent with the fabric of a village. A car wash and car sales establishment
operate more efficiently on larger lots and serve the travelling public and in
the case of the animal hospital it
is proposed to serve the greater rural community. Further, the uses located in the vicinity of
the subject property are made up of a mixed use cluster of commercial, light
industrial and residential uses. The
introduction of the proposed uses would not negatively impact on the adjacent
lands nor does it limit the potential expansion of the village boundary.
The
other consideration somewhat unique to this circumstance is the
relationship of this site to the
surronding area. While not within the Village
boundary this proposal is located in a somewhat developed
area with existing mixed uses in immediate proximity. The development proposed
is not inconsistent with the existing development.
Consent
applications
have been filed to sever the property into three separate
parcels of land as well as to create
a right-of-way for shared access purposes.
The two parcels subject to the proposed commercial
zones are shown on Document 4 (Draft
Reference Plan) as Part 2 and 3 while the shared access is shown as
Part 4 and 5. Part 3
represents the retained parcel.
Consent applications have been filed concurrently
with the zoning amendment. The
configuration of the lots to be severed will based on the area proposed
by the two commercial zones. As stated previously in this report, there exists
a one foot reserve along a majority of
the frontage (78.6 metres) of the subject property. This reserve has been
established to address safety issues with the Dunrobin/Thomas A. Dolan
intersection which is located north of the subject site. The frontage not subject to the reserve
(4.5 meters) along with an additional 4.5 meters from the adjacent property
(Blue Heron Storage) will serve as a shared access for the proposed commercial
zones and the existing storage company.
Given the nature of the current situtaltion
at the Dunrobin/Thomas A. Dolan intersection, shared access is welcomed
however, a Transportation Brief to support
the a future site plan application will be required
to ensure there is no negative impact on the current situatation.
It is proposed to rezone a portion (0.85 hectares) of the applicants overall land holding to permit an animal hospital, an automobile dealership and an automobile washing establishment. Two separate zones with identical uses will be established with the intent of severing each zone into individual parcels. The property will be rezoned from ER-5 Special Estate Residential 5 to C-s (H) Rural Commercial Exception Holding and C-t (H) Rural Commercial Exception Holding. In addition an excemption from Section 5.5 a) of the General Building Provisions to address public road frontage and the addition of a new definition to Section 2-Definitions for an Automobile Dealership is requested.
Concurrent Applications: Consent
File # D08-01-07/B-00280-281
Zoning By-law OR Details of Proposed Zoning
Discussion of issues and analysis of
appropriateness and terms of the proposed zoning
ENVIRONMENTAL IMPLICATIONS
Identify
issues as applicable - Wetland Impact Statement, Environment Impact Statement,
Site Contamination issues, Natural Environment area lands, etc. and detail
mitigation, studies, input from Conservation
authority, etc.The
special provision (5) in the current
zoning (ER-5)
for this zone requires the completion of a Wetland Impact Statement. As the area subject of the zoning amendment
is approximately 600 metres
away from the Provincially Significant Wetland,
a WIS will
not be
required.
RURAL IMPLICATIONS
The
proposed Zoning By-law amendment will have no adverse effects on the rural
community. The impact of
the proposed uses will be minimal on surrounding rural land uses.
CONSULTATION
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. As a result of the public notification a
number of concerns were raised (see Document......... 3.....................).
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.
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 issues
raised with respect to the consent
application. [CHOOSE
APPROPRIATE WORDING - workload volumes, resourcing issues, the complexity of
the issues associated with ...].
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning (which
may include map)
Document 3 Consultation Details
Document
4 Draft
Reference PlanMunicipal
Environmental Evaluation Process Check list (on file with the City Clerk) –
[OLD OTTAWA ONLY] [IF APPLICABLE]
DISPOSITION
City Clerk’s Branch, Committee and Council
Services to notify the owner, Michael Davies, Richbeck Holdings Ltd., 164 Robertson
Road, Ottawa, Ont. K2H 5Z1INSERT OWNER'S NAME, ADDRESS, CITY, POSTAL CODE), applicant, Novatech Engineering Consultants, Attention
Stephen
Dykstra, 240 Michael Cowpland Drive, Ottawa, Ont. K2M
1P6INSERT APPLICANT'S NAME, ADDRESS, CITY, POSTAL
CODE), 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, forward to Legal Services Branch
and undertake the statutory notification.
Legal Services Branch to forward the
implementing by-law to City Council.
LOCATION MAP DOCUMENT
1
DETAILS OF RECOMMENDED ZONING DOCUMENT
2
Schedule A of By-law 74-79 to be amended to show that the subject lands shown on Document 1 will be rezoned from ER-5 to C-s (H), C-t (H), as follows:
1. Area A lands to be rezoned from ER-5 to C-s (H):
Despite subsection 13.1 or anything else in By-law 74-79 to the contrary, the land zoned C-s is subject to the following:
a) Permitted Uses
Animal Hospital
Automobile Dealership
Automobile Washing Establishment
b) For the lands zoned C-s that are subject to
the holding provisions denoted by the holding (H) symbol identified on Schedule
A, the holding symbol, which relates specifically to the Automobile Washing
Establishment use, may only be removed when the following conditions have been
fulfilled to the satisfaction of the Director, Planning Branch:
- That the owner prepare a Hydrogeological and Terrain Analysis to
the satisfaction of the City and Ministry of Environment requirements.
- Prior to the lifting if the holding (H) symbol, only the Animal
Hospital and Automobile Dealership uses are permitted on the lands zoned
C-s.
c) Zone Requirements
Lot Area (minimum): 4000 square metres
Lot Frontage (minimum): 0 metres
Lot Coverage (maximum): refer to Section 5.25
Front Yard (minimum): 10 metres
Side Yard (minimum): 3 metres
Rear Yard (minimum) 10 metres
Height (maximum): 10 metres
d) Concealed or enclosed storage
only, as defined by By-law 74-79, shall be permitted.
e) Notwithstanding the provisions of
Section 5.5, the lot shall be exempt from Section 5.5 (a).
f) For the lands zoned C-s, AUTOMOBILE
DEALERSHIP means a place where new or used passenger or family vehicles such as
cars, vans, motorcycles and trucks, are leased, rented, sold or auctioned at
retail. Accessory uses may include
enclosed and/or exterior showroom and areas for display; automobile service;
automotive parts sales/distribution; automobile body and structural work and
painting; storage and parking areas for vehicles which are for lease, rent,
sale or auction and for those being serviced by the dealership; office space;
and restricted eating establishment.
2. Area B lands to be rezoned from ER-5 to C-t (H):
Despite subsection 13.1 or anything else in By-law 74-79 to the contrary, the land zoned C-t is subject to the following:
a) Permitted Uses
Animal Hospital
Automobile Dealership
Automobile Washing
Establishment
b) For the lands zoned C-t that are subject to
the holding provisions denoted by the holding (H) symbol identified on Schedule
A, the holding symbol, which relates specifically to the Automobile Washing
Establishment use, may only be removed when the following conditions have been
fulfilled to the satisfaction of the Director, Planning Branch:
i. That the owner prepare a Hydrogeological and Terrain Analysis to the satisfaction of the City and Ministry of Environment requirements.
ii. Prior to the lifting if the holding (H) symbol, only the Animal Hospital and Automobile Dealership uses are permitted on the lands zoned C-s.
c) Zone Requirements
Lot Area (minimum): 4000 square metres
Lot Frontage (minimum): 4.5 metres
Lot Coverage (maximum): refer to Section 5.25
Front Yard (minimum): 10 metres
Side Yard (minimum): 3 metres
Rear Yard (minimum) 10 metres
Height (maximum): 10 metres
c) Concealed or enclosed storage
only, as defined by By-law 74-79, shall be permitted.
d) For the lands zoned C-t, AUTOMOBILE DEALERSHIP means a place where new or used passenger or family vehicles such as cars, vans, motorcycles and trucks, are leased, rented, sold or auctioned at retail. Accessory uses may include enclosed and/or exterior showroom and areas for display; automobile service; automotive parts sales/distribution; automobile body and structural work and painting; storage and parking areas for vehicles which are for lease, rent, sale or auction and for those being serviced by the dealership; office space; and restricted eating establishment.
3. Area C lands will be the subject of a text change to the to ER-5 zone. The following provision will be added to the ER-5 zone:
a) Lot Area New Lot (minimum): 3 hectares
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. As a result of the Public Notification the
following concerns were raised. [INSERT NUMBER OF PUBLIC MEETINGS]
public meetings were also held in the community.
PUBLIC COMMENTS
Comment:
We
acknowledge receipt of your letter dated July 9, 2007. My
husband and I are the owners of 161 Porcupine Trail, Dunrobin; the
property adjacent to 2740 Dunrobin Road. My
husband and I are interested finding
out more and seeing the Site Plan for this zoning by-law
amendment proposal. Your
letter talked about a consent and granting
of an easement for access purposes.
Would this easement take place off of Dunrobin Road or Thomas Dolan? What
kind of a buffer zone will there be for the adjacent existing residential
properties? Right now there is a line
of trees which runs along side Thomas Dolan across the street from my
house. Will those trees remain in
place?
Response:
The owner is requesting that two lots be severed
from the main parcel. Access to
the lots will be via a shared easement with the adjacent lands to the south
(Blue Heron Storage). The
two lots will have frontage on Dunrobin and are approximately 4000 sq metres in
area. These lots are the subject of the
rezoning. The retained lands will
remain as estate residential special
exception. We
understand that currently there are no plans to develop the retained parcel
(fronting on Thomas Dolan). As for the
lots to be rezoned, no decision will be made until the consent has been
reviewed. To
date no
site plan application has been filed
with the City. With
respect to the treeline, that grouping of trees is located on a separate
parcel not subject of this
application. The treeline is located on 2750
Dunrobin Road.
Comment:
We
have no problem
with the zoning amendment but
feel the drainage of water along Dunrobin Road should
be evaluated and improved. Spring
runoff now collects in a larger low area along
both sides of Dunrobin Road opposite
the subject site. This
is becoming a problem for us who live farther down the road. We
would
like to bring to the City’s attention, that since the storage units and house
has been built next door to our
properties
I have had trouble with water in my basement.
We
have been told that on the old March rural maps identified a ditch along here
that has been covered over/ never dug.
It is like a creek in front of the storage units at the highway. Could you please have a city engineer come
out and look at this problem and perhaps it could be attended to while the new
site is being constructed.
Response:
Staff
have met with the
individuals on
site to discuss the current concerns with drainage along Dunrobin Road. With respect to the proposed rezoning,
any development resulting from the approved uses will require a grading and
drainage
plan that
deals with all on-site stormwater to the satisfaction of the City of Ottawa.
Comment:
I’m
not positive that the Dunrobin
is quite ready for two veterinary clinics yet but there is one
sure way to find out if the market will support them. But is
duplication of service the best form of commercial development
at this stage, where many other services are
lacking.
Response:
According
to the
applicant the owner
of the existing veterinary
clinic operation
in Dunrobin is looking
at the possibility
of relocating to this site.
SUMMARY
OF PUBLIC INPUT
[INSERT
PUBLIC MEETING DATE]
- PUBLIC MEETING COMMENTS
COUNCILLOR’S COMMENTS
No comment
COMMUNITY ORGANIZATION COMMENTS
Comment:
The March
Rural Community Association
is not opposed to a rezoning to "commercial", but we are opposed to
one of the proposed uses. The
major concern of our community association is the planned car wash. It is
difficult to imagine how a car wash in a rural area, with high vulnerability
hydrogeology, can be "environmentally sensitive". We would need to
know a lot more about this proposed business before we could support it.
Essentially a car wash concentrates all the road and car pollutants into one
place. The Dunrobin area already has water issues and this would simply make it
worse. There are many urban car washes not far away so there no
pressing need for a nearby rural car wash and the resulting pollution that it
will cause to local aquifers. During
previous inquiries with the City I was unable to obtain any
"standards" for car washes so we are skeptical that this car
wash is any different other than calling itself "environmentally
sensitive". Therefore we are completely opposed to this use!
With
regard to the Veterinary Clinic, our only question is whether the existing
veterinary clinic across the street will be affected negatively or will this be
moved to the new location?
Response:
The
applicant’s consultant has provide comments to the City with
respect to suitability of
the subject
site for use as a proposed car wash facility, from a preliminary
hydrogeological point of view. The comments are provided based on existing available
hydrogeological information for the site area, and in particular the results of
a previous hydrogeological investigation carried out for the site by Kollaard
Associate Inc.
It is noted that a holding
zone designation will be put in place until such time as a full Hydrogeological
and Terrain Analysis of
the site is prepared which demonstrates that a car wash use can be supported.
Comment:[U3]
The
Constance and Buchams Bay Community
Association are
registered as an interested party for all zoning and variance applications in
Ward 5 and as a result are notified on all of them (there are lots).
Historically, the CBBCA has only taken a position where it is clear that we can
speak for the overwhelming majority of residents. As a result we have
not intervened on any zoning or variance application in the past.
We
have received a Zoning Amendment Proposal to put a car wash, Veterinary Clinic,
and used car lot on the north side of the Blue Heron Storage at 2740 Dunrobin
Rd.
In
my opinion this significantly increases the probability of an accident as
southbound vehicles negotiate the curve on Dunrobin at Thomas Dolan and find
that traffic has stopped. I think we should object to this development until
such time as visibility or flow at the intersection are improved.
Response:
Access to the proposed commercial zones will be via
a shared laneway
utilizing a portion of the already established Blue
Heron Storage operation. A
Transportation Brief to support future site plan applications on
the proposed commercial sites will
be required
to ensure there are
no impacts
on the current situation. Of note as
part of the intersection improvements for the area there is a significant
realignment planned for Dunrobin Road at the intersection of Thomas Dolan
Parkway. Utility relocations are
scheduled to occur this year
(2007) with potential for minor associated road works as well.
ADVISORY COMMITTEE COMMENTS
REFERENCE
PLAN DOCUMENT
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