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4. ZONING –
5211 ALBION ROAD ZONAGE – 5211, CHEMIN ALBION |
Committee
Recommendations
(This application is subject to Bill 51)
That Council:
1.
Approve an amendment to Zoning By-law 2008-250 to
change the zoning of 5211 Albion Road from Mineral Extraction Zone Subzone
2 (ME2) to Rural General Industrial Zone Exception XXXr (RG[XXXr]) as shown in
Document 1 and detailed in Document 2.
2. Approve
an amendment to the former City of Gloucester Zoning By-law to change the
zoning of 5211 Albion Road from Mineral Extraction Zone (Me) to Industrial
General Exception xx Zone (Mg(Exx)) as
as shown in Document 1 and detailed in Document 2.
RecommandationS du
comité
(Cette demande est
assujettie au projet de loi 51)
Que le Conseil :
1.
approuve
une modification au Règlement de zonage 2008-250 afin de changer la désignation
de zonage du 5211, chemin Albion de Zone d’extraction de minerai, sous-zone 2
(ME2) à Zone d’industrie générale rurale assortie d’une exception XXXr
(RG[XXXr]), comme l’illustre le document 1 et il est expliqué en détail dans le
Document 2.
2. approuve une modification au Règlement de zonage de
l’ancienne Ville de Gloucester afin de changer la désignation de zonage du
5211, chemin Albion de Zone d’extraction minière (Me) à Zone industrielle générale
assortie d’une exception xx (Mg(Exx)), comme l’illustre le document 1 et il est
expliqué en détail dans le Document 2.
Documentation
1. Deputy City Manager, Planning, Transit
and the Environment report dated 05 August 2008 (ACS2008-PTE-PLA-0172).
Report to/Rapport au :
Agriculture and Rural Affairs
Committee
Comité d'agriculture et des questions
rurales
and Council / et au Conseil
05 August 2008 / le 05 août 2008
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 : Karen Currie,
Manager/Gestionnaire, Development Approvals/Approbation des demandes
d'aménagement, Planning Branch/Direction de l’urbanisme
(613) 580-2424, 28310 Karen.Currie@ottawa.ca
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SUBJECT: |
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OBJET : |
REPORT
RECOMMENDATIONS
That the Agriculture
and Rural Affairs Committee recommend Council:
1. Approve an amendment to Zoning By-law
2008-250 to change the zoning of 5211 Albion Road from Mineral Extraction Zone Subzone 2 (ME2) to Rural
General Industrial Zone Exception XXXr (RG[XXXr]) as shown in Document 1 and
detailed in Document 2.
2.
Approve an amendment to the former City of Gloucester
Zoning By-law to change the zoning of 5211 Albion Road from Mineral Extraction
Zone (Me) to Industrial General
Exception xx Zone (Mg(Exx)) as 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 2008-250 afin de changer la désignation
de zonage du 5211, chemin Albion de Zone d’extraction de minerai, sous-zone 2
(ME2) à Zone d’industrie générale rurale assortie d’une exception XXXr
(RG[XXXr]), comme l’illustre le document 1 et il est expliqué en détail dans le
Document 2.
2.
d’approuver
une modification au Règlement de zonage de l’ancienne Ville de Gloucester afin
de changer la désignation de zonage du 5211, chemin Albion de Zone d’extraction
minière (Me) à Zone industrielle générale assortie d’une exception xx
(Mg(Exx)), comme l’illustre le document 1 et il est expliqué en détail dans le
Document 2.
BACKGROUND
The
subject site is known municipally as 5211 Albion Road and currently forms part
of 5151 Albion Road. The property is situated southeast of the Albion Road
and Rideau Road intersection. Licensed pits to the north, east and south
surround the site, while the properties to the west are primarily forested.
The
overall parcel is approximately 43.2 hectares in size and is known as the
O'Brien Pit. It is licensed under the Aggregate Resources Act as a sand and
gravel pit. The western portion of the parcel along Albion Road, including the
subject site has been fully depleted of aggregate material.
In October
2007 the Committee of Adjustment granted the conditional severance of 5.3
hectares of the depleted aggregate land, to accommodate a proposed industrial
development. The owner intends to use
the site as the base of operations for a construction company. The remainder of
the land will retain the aggregate licence and continue to operate as a sand
and gravel pit. The pit operations will also be managed from the subject site.
The
severance is subject to several conditions including the removal of the
aggregate license from the severed land and the approval of a Zoning By-law
amendment to permit the construction company and associated uses.
The
Ministry of Natural Resources (MNR) has been consulted throughout the process
and is aware of the applicant’s plans for the site. MNR has confirmed that the
aggregate has been depleted from the subject site and supports the removal of
the aggregate license. In order to remove the license however, the Zoning
By-law amendment must first be approved and the applicant must receive site
plan control approval for the proposed development, which MNR has agreed can
replace the existing rehabilitation plan for the site. The City is currently
processing a site plan control application for the site and approval will be
imminent in the event that the Zoning By-law amendment is approved.
Purpose of
Zoning Amendment
The
purpose of the application is to amend the Zoning By-law in order to permit the
base of operations for a construction company on the site. The owner intends to
use the subject site for a construction company. The company specializes in
heavy equipment operations, including excavation, site preparation, municipal
infrastructure installation and road construction. The site will be used for
administrative purposes as well as vehicle/equipment storage, maintenance and
repair.
The
development will consist of a two-storey, 1301-square metre office and garage
structure and a vehicle/equipment storage yard. The storage yard will be
approximately 2.3 hectares in size and will be used to store heavy equipment
and vehicles related to the construction and pit operations.
It is
anticipated that approximately eight employees will be working directly at the
site, including two maintenance mechanics and up to six employees working in an
administrative, accounting, estimating and construction management capacity.
Existing
Zoning
The
existing zoning of the subject site limits the uses to mineral extraction,
agricultural and forestry uses and certain conditional uses, such as
administrative office, repair and maintenance of industrial vehicles and
treating of mineral aggregates, conditional upon a licensed mineral extraction
operation being located on the lot.
Proposed
Zoning
The intention of the Zoning By-law amendment is to restrict the
permitted uses in order to ensure compatibility with the adjacent land uses,
more specifically existing pit operations, and to provide a landscape buffer to
mitigate any negative impacts.
Details of Changes to Zoning By-law 2008-250
The Zoning By-law amendment will limit the main permitted use to storage yard, which as defined includes an accessory maintenance garage used for the service and repair of the stored vehicles and equipment. Office, accessory to a storage yard will also be added.
Details of Changes to the former City of Gloucester Zoning By-law
The Zoning By-law amendment will limit the main permitted use to Industrial Garage, limited to a garage for the repair of the equipment and vehicles of a construction, excavating and/or aggregate company. Commercial office limited to offices for a construction, excavating and/or aggregate company will also be added as a conditional use, conditional on being ancillary use to the Industrial Garage use. Outdoor storage will continue to be permitted under the exception zone.
DISCUSSION
Official
Plan
The
Official Plan designation for the subject site is Sand and Gravel Resource
Area. The intent of the Sand and Gravel Resource Area designation is to protect
non-renewable mineral aggregate resources located close to markets for future
use, protect mineral aggregate resource and aggregate operations from
incompatible activities and minimize community and environmental disruptions
from aggregate extraction activities.
The uses
within the Sand and Gravel Resource Area designation are strictly limited in
order to protect this important resource, however where the sand and gravel
resource of a property has been fully extracted, the property may be used for
other purposes. In order to determine
if alternative land uses can be permitted it must be shown that the proposed
use will not limit the possibility of mineral aggregate extraction from other
lands designated Sand and Gravel Resource Area.
Limited
types of new development may be approved within 300 metres of a Sand and Gravel
Resource Area, provided such development does not conflict with future mineral
aggregate extraction. Examples of conflicting land uses that will not be
considered include 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.
An
impact assessment study has been completed evaluating the proposed development.
The study demonstrates the proposed use is compatible with the surrounding
mineral aggregate operations and will not effect the continued operation or
expansion of these operations. As well, the proposed development is not
expected to generate any negative health and safety impacts from being located
in proximity to pit operations. The Ministry of Natural Resources (MNR) has
been consulted throughout the process and is comfortable the compatibility of
the proposed use with the surrounding aggregate operations.
Once
it has been determined that new uses are appropriate within a Sand and Gravel
Resource Area the property may developed in accordance with the policies of the
Agriculture Resource Area or General Rural Area designation. In this case the
policies of the General Rural Area designation apply since the subject site is
predominately surrounded by the designations other than the Agriculture
Resource designation.
The
General Rural Area contains a wide range of land uses, such as farms, rural
housing, wood lots and forests, industrial and commercial developments. This
designation supports uses that due to their land requirements or the nature of
their operation would not be more appropriately located within urban or Village
locations. 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
proposed use requires a significant amount of land for the storage of heavy
construction equipment and vehicles. The nature of the proposed use also
requires close proximity to aggregate material for road construction. Due to
these land and operational requirements the proposed site is ideally located
and the use is not better suited in an urban or village location.
Compatibility with Adjacent Uses
The
land uses in the area are mainly characterized by licensed pits, forested land,
industrial uses and a limited amount of rural residential uses. The nearest
residential use is approximately 350 metres from the subject site and no
negative impact is anticipated. The proposed use is consistent with the rural
industrial character of the area.
The
nearest active pit operation is approximately 350 metres from the proposed
building. The extent of sand and gravel deposits on the adjacent property have
been evaluated by Houle Chevrier Engineering Ltd., through test pits and
it has been concluded that there is a relatively small amount of good quality
sand and gravel material in close proximity to the subject property. Expansion
of this pit operation, which would reduce the separation distance to the
proposed use, is unlikely. However, if the pit operation were to expand over
their licensed area, the expanded operation would still be the minimum of 100
metres from the proposed building. This distance was deemed satisfactory by MNR
in regards compatibility with the type of uses being proposed.
The
type of heavy vehicles and equipment related to the proposed use typifies the
type of vehicles and equipment also used in aggregate extraction operations.
Heavy construction and aggregate extraction related businesses both tend to
generate similar offsite impacts such as noise, dust and vibrations. These
characteristics which might ordinarily create land use incompatibility among adjacent
uses, are common to both industries and therefore would not generate impacts
that would hinder or deteriorate reciprocal operations.
The
nature of proposed use makes it complimentary to the adjacent pit operations
and is one of the few uses that would be compatible. Future compatibly is
achieved through restricting the permitted uses in the Zoning By-law, the
adequate distance of the proposed building from any potential pit expansion,
and the inclusion of a 5.0-metre landscaped buffer along the south and west
property lines to help mitigate any potential negative impact.
Conclusion
The
proposed Zoning By-law amendments are consistent with the policies of the
Official Plan and the use is compatible with the adjacent land uses. The
Department recommends approval of an amendment to the Zoning By-laws to permit
the base of operations for a construction company at 5211 Albion Road as
outlined in Document 2.
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. The City did not receive any negative comments or opposition to this application.
FINANCIAL IMPLICATIONS
N/A
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 the issues associated with the Ministry of Natural Resources
(MNR) and the process and requirements necessary for the removal of the
aggregate license, as well as compatibility issues.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner, Ottawa Greenbelt Construction 2615 Delzotto Avenue, Gloucester ON K1T 3V6, applicant, Steve Pentz (Novatech Engineering Consultants Ltd. ) Suite 200, 240 Michael Cowpland Drive Kanata, ON K2M 1P6, 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
Proposed
Changes to Zoning By-law 2008-250
1. The subject lands, known as 5211 Albion Road and as shown on Document 1 shall be rezoned from ME2 to RG[XXXr].
2. Section 240 Rural Exceptions will be amended by adding a new Exception [XXXr] including the following provisions:
Additional
Land Uses Permitted:
office,
ancillary to a storage yard.
Land uses prohibited:
animal hospital
automobile body shop
automobile dealership
automobile service station
dwelling unit
gas bar
heavy equipment and vehicle sales, rental and servicing
kennel
leaf and yard waste composting facility
light industrial uses
parking lot
printing plant
retail store
service and repair shop
truck transport terminal
warehouse
waste processing and transfer facility (non-putrescible)
and all of the conditional permitted uses listed under 219(2).
Provisions:
- a minimum 5.0-metre wide landscape buffer shall be provided along the west and south property lines.
Proposed Changes to the former City of Gloucester Zoning By-law 333 of 1999
1. The subject lands, known as 5211 Albion Road and as shown on Document 1 shall be rezoned from Me to Mg(Exx).
2. An exception zone will
be added, to Subsections 9.15, including the following requirements:
1) Only permitted main uses:
Industrial Garage limited to a garage for the repair of the equipment and vehicles of a construction, excavating and/or aggregate company.
2) Only permitted conditional use:
Commercial office.
3) Conditional use requirements:
The conditional use is only permitted as an ancillary use to the Industrial Garage use.
4) Section 9.10.4 5) applies only to the exterior storage of equipment and materials for a construction company, excavating and/or aggregate company and a maximum of 80% of the lot area may be used for such storage.
5) A minimum, 5.0-metre wide landscape buffer shall be provided along the west and south property line.