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2. ZONING - 1015 MARCH ROAD ZONAGE - 1015, CHEMIN MARCH |
Committee
Recommendation
(This application is subject to Bill 51)
That Council
approve an amendment to the Zoning By-law 2008-250 to change the zoning of part
of 1015 March Road from “RU” (Rural Countryside) to “RC[xxxr]” (Rural
Commercial with an Exception), as detailed in Document 2 and as shown in
Document 3.
Recommandation du Comité
(Cette
demande est assujettie au Reglement 51)
Que le Conseil approuve une
modification du Règlement de zonage no 2008-250 en vue de
changer le zonage d’une partie de la propriété située au 1015, chemin March de
« RU » (Zone d’espace rural) à « RC[xxxr] » (Zone de
commerces ruraux avec exception), comme l’explique le document 2 et l’illustre
le document 3.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability
dated 17 July 2009 (ACS2009-ICS-PGM-0130).
2. Extract of Draft Minutes, 27 August
2009.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
17 July 2009 / le 17 juillet 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 :
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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the recommend Council approve an amendment to the
Zoning By-law 2008-250 to change the zoning of part of 1015 March Road from
“RU” (Rural Countryside) to “RC[xxxr]” (Rural Commercial with an Exception), as
detailed in Document 2 and as shown in Document 3.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil d’approuver une modification du Règlement de
zonage no 2008-250 en vue de changer le zonage d’une partie de
la propriété située au 1015, chemin March de « RU » (Zone d’espace
rural) à « RC[xxxr] » (Zone de commerces ruraux avec exception),
comme l’explique le document 2 et l’illustre le document 3.
BACKGROUND
The site, 1015 March Road, is located on the west side of March Road approximately 730 metres north of Old Carp Road as shown in Document 1.
The site is 4.9 hectares in size and has 150 metres of frontage on March Road. The lot is occupied by a detached dwelling with driveway access to March Road. The remainder of the lot is vacant.
Immediately north of the site is a lot that is occupied by a detached dwelling. There is vacant land and land used for agricultural purposes on the east side of March Road opposite the site. The lands immediately to the south and west are used for agricultural purposes.
The applicant is proposing to convert the existing dwelling to a 79-seat restaurant and to construct a 40-space parking lot with a new driveway on March Road. The site is to be serviced using the existing well and a new septic system.
Purpose of
Zoning Amendment
The purpose of the Zoning By-law Amendment application is to rezone the site from an "RU" (Rural Countryside) zone to an "RC" (Rural Commercial) zone. The existing "RU" zone accommodates agricultural, forestry, country residential lots created by serverance, and other land uses characteristic of Ottawa's countryside.
The proposed “RC” zone permits a broad range of uses including, but not limited to the following: amusement park; amusement centre; animal hospital; automobile dealership; automobile service station; bar; car wash; detached dwelling; dwelling unit; heavy equipment and vehicle sales, rental and servicing; hotel; kennel; restaurant; and retail store.
DISCUSSION
The
Official Plan designates the site as "General Rural Area". The intent of this designation is to provide
a location for agriculture and non-agricultural uses that, due to their land
requirements or nature of operation, would not be more appropriately located
within urban or Village locations. The
General Rural Area designation is also intended to provide for a limited amount
of residential and other rural and tourist service uses. March Road is identified in the Official
Plan as an arterial road.
The
Five-Year Comprehensive Official Plan Review identified the need to add 850
hectares of urban residential land to meet the City's population requirements
to the year 2031. The March Road
corridor north of Old Carp Road and Maxwell Bridge Road, including the subject
property, was considered as one of the candidate urban expansion areas. In the end, these lands were not included as
an urban expansion area when Council adopted Official Plan Amendment No. 76 for
the Five-Year Comprehensive Official Plan Review.
Section 3.7.2 of the Official Plan indicates that a Zoning By-law amendment will be required to permit certain types of land uses in the General Rural Area including the following: new industrial and commercial uses; and 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 leasable area or similar use. Section 3.7.2 sets out the following issues that are to be considered in reviewing a Zoning By-law amendment for these types of land uses:
a) The use would not be better located in a Village or the urban area.
- Policy 3.7.2.3(e) specifically contemplates that restaurants and other uses that meet the needs of the traveling public may be permitted in the General Rural Area. The site's location on an arterial road near the existing urban boundary provides a convenient location to serve customers from the rural area, the Kanata North Business Park, and the communities of Morgan's Grant, Brookside and Briarbrook.
- The proposed restaurant will complement two new rural commercial uses that were recently introduced at the northwest corner of March Road and Old Carp Road, just north of the existing urban boundary: a dental office at 1101 March Road, and a cosmetic surgery clinic at 895 March Road. The proposed restaurant will also complement a new shopping centre planned at the southeast corner of March Road and Maxwell Bridge Road. This shopping centre, the two existing rural commercial uses and the proposed restaurant will create a cluster of rural and urban service commercial uses along March Road in the vicinity of the urban boundary, and will provide a variety of services for the residents and workforce in the area.
- One advantage of an urban or village location over a General Rural Area location for a restaurant use is that an urban or village location would allow access for customers and employees by walking, cycling and/or transit. Access to a restaurant in the General Rural Area is generally limited to private automobile use. March Road is planned to be widened from two to four lanes from Old Carp Road to Dunrobin Road in Phase 3 (2023-2031) of the 2008 Transportation Master Plan.
b) If the use is to be located on a local road, it must be demonstrated that the volume and pattern of traffic flow anticipated from the development will not interfere with the proper functioning of the local road network.
- Access to the site will be directly from March Road. There will be no impact on any local roads.
c) The privacy of adjacent landowners or the amelioration of potential adverse impacts from lighting, noise, odour, dust or traffic can be achieved by separating the land uses, buffering or other measures as part of the development.
- The only dwelling near the subject property is located immediately to the north at 1035 March Road. This dwelling is located approximately 140 metres from the proposed restaurant building.
There is an existing row of trees along the north lot line that will buffer the restaurant use from this dwelling. The separation distance and buffer are sufficient to mitigate the impact of the proposed restaurant use on the dwelling at 1035 March Road.
d) The potential for reducing possible impacts on neighbouring agricultural uses or rural residential or Village communities where relevant.
- The nearest barn is located at 941 March Road approximately 360 metres south of the subject property. The applicant advised that this barn is currently vacant. The Minimum Distance Separation I requirements apply to empty livestock facilities if they are structurally sound and reasonably capable of housing livestock. Staff have determined that a broad range of livestock including horses could potentially be housed in the existing barn in accordance with the separation distances required between a livestock facility and a commercial use. Therefore, the proposed restaurant use would not have an impact on the neighbouring agricultural uses.
- The existing country lot subdivision at Marchbrook Circle is located approximately 375 metres west of the existing dwelling at 1015 March Road, and would not be impacted by the proposed restaurant use.
e) The development is in keeping with the surrounding rural character and landscape;
- The applicant is contemplating that minimal changes would be made to the external features of the existing dwelling in converting it to a restaurant use. Therefore, the proposed change in use would have minimal impact on the visual character of the rural area and landscape.
f) All those requirements of Sections 2 and 4 related to transportation, servicing, design and compatibility and environmental protection;
- The conversion of the existing dwelling to a restaurant use would require the submission of a site plan application. A transportation impact study would need to be submitted in support of the application to address the potential requirement for roadway modifications on March Road at the proposed driveway to the restaurant parking area.
- The applicant submitted a Terrain Analysis and Septic System Impact Assessment and a Hydrogeological Investigation demonstrating that the proposed restaurant use can be adequately serviced with a private well and septic system.
- The proposed restaurant use is compatible with the surrounding land uses. Issues such as traffic, vehicular access, exterior lighting and landscaping will be addressed through a future site plan application.
- The subject property does not contain any significant environmental features or functions that require protection.
g) Noxious uses will only be considered where suitable screening and buffering can be provided and generally these uses will not be considered in locations within groundwater recharge areas or immediately adjacent to residential areas, Scenic-Entry Routes, or waterfront areas.
- The proposed
restaurant use is not a noxious use.
Section
3.7.2 of the Official Plan requires that development proposals within one kilometre
of an urban boundary be reviewed with respect to lot size, type of use and
other characteristics, to ensure that they do not adversely limit potential
expansion of the boundary at that location or create a long-term demand for the
extension of municipal services. The
proposed conversion of the existing dwelling to a restaurant use will not have
any impact on the potential expansion of the urban boundary and will not create
a demand to extend municipal services.
In
summary, the proposed Zoning By-law amendment to permit a restaurant use
complies with the General Rural Area policies of the Official Plan. The subject site offers a convenient
location for a restaurant and the use is compatible with the surrounding land
uses along March Road.
The Department recommends rezoning the southeast corner of the site, where the existing dwelling is located, from “RU” (Rural Countryside) to a new, site-specific “RC[xxxr]” (Rural Commercial with an Exception) zone to permit the proposed restaurant use. The area of the proposed change is approximately 0.75 hectares, with 75 metres of frontage on March Road and a depth of 100 metres, as shown in Document 3. The details of the recommended zoning are contained in Document 2 and are summarized below.
It is recommended that the permitted uses for the new, site-specific “RC[xxxr]” zone be restricted to a detached dwelling, a dwelling unit and a restaurant. The inclusion of a detached dwelling and a dwelling unit as permitted uses recognize the existing detached dwelling use. The recommended zoning would not permit other uses that are permitted in the standard “RC” zone such as an automobile rental establishment, an automobile dealership, an automobile service station, a bar, a car wash, and a gas bar. These other uses were not specifically requested by the applicant and may not be appropriate uses to permit on the subject property.
The standard zone provisions from the “RC” zone for lot area, lot width, yard setbacks, height, and lot coverage are acceptable to permit the proposed restaurant use. There are no site-specific exceptions proposed to the zone provisions.
ENVIRONMENTAL IMPLICATIONS
The Mississippi Valley Conservation Authority (MVCA) reviewed the application. MVCA has no specific concerns with this site with regards to natural hazards, natural heritage, or fisheries issues, as it relates to rezoning. The nearest fish habitat downstream is on the east side of March Road, just north of Maxwell Bridge Road (a tributary of Shirley’s Brook). That is approximately 500 m downstream of this site. Stormwater quality treatment will be required at Site Plan Approval, but unless the alterations to the site are substantial, no specific quantity treatment would be required.
RURAL IMPLICATIONS
The proposed rezoning would allow for the conversion of an existing home to a restaurant use. The rural character of the area will be maintained, and there are no significant rural implications for the application.
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. Comments received on the application are included in Document 4.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this report.
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 a delay in obtaining comments on the Hydrogeological Investigation from the Conservation Authority, and the summer meeting schedule for the Agricultural and Rural Affairs Committee.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Proposed Area to be Rezoned
Document 4 Consultation Details
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner, Hing (Michael) and Thuy Phan Wong, 1015 March Road, Ottawa, ON, K2K 1X7, applicant, Richard Harrison, David McManus Engineering Ltd., 400-30 Camelot Drive, Ottawa, ON, K2G 5X8, 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 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
Proposed
Changes to the Comprehensive Zoning By-law
- Part of the property municipally known as 1015 March Road as shown on Document 3 is rezoned from “RU” (Rural Countryside) to “RC[xxxr]” (Rural Commercial with an Exception).
- A new exception, RC[xxxr], will be added to Section 240 - Rural Exceptions and will contain the following provisions or ones with a similar effect:
a) Only the following uses are permitted:
· detached dwelling
· dwelling unit
· restaurant
PROPOSED
AREA TO BE REZONED DOCUMENT
3
CONSULTATION DETAILS DOCUMENT
4
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.
PUBLIC COMMENTS
1. Comment: If 1015 March Road is rezoned to a “Rural Commercial” zone, I would like my adjacent property to be rezoned to “Rural Commercial”, too.
Response: The owner of the adjacent property would need to submit a separate Zoning By-law amendment application to rezone the adjacent lands to “Rural Commercial”. Each rezoning application is reviewed and evaluated separately on its own merits.
2. Comment: I am opposed to this zoning change. I have two reasons. First, there is considerable undeveloped and under-used commercial property within a 7 minute drive of this location including the Kanata Research Park and adjacent lands, the new mall at Old Klondike and March Road, the land already allocated for a mall across March Road just south of this location, Carp, Dunrobin and various other points in between all these. I don't see the need for additional commercial zoning. Second, March Road between the Dunrobin Road and Morgan's Grant is already a traffic mess at peak periods. Additional high ingress/egress use is not appropriate. If all of the currently commercial property on March Road and environs is developed, there will be a huge congestion problem there. This location is also in the vicinity of the St Isidore elementary school - I do not believe that additional commercial zoning in the vicinity improves the road safety situation when their buses arrive and depart. We're turning March Road into Merivale Road, step by step. Putting more commercial zoning onto March Rd in this patchwork/piece meal fashion is a mistake.
Response: The Department acknowledges that all of the areas mentioned in the above comment include sites that are already zoned to permit restaurants. The owner of 1015 March Road does not want to locate a restaurant in these areas, and instead would like to convert the existing dwelling to a restaurant. The Official Plan does not include any policies that would require an applicant to demonstrate that there is a need to rezone land for a restaurant use. The rezoning application was reviewed based on the General Rural Area policies in the Official Plan. The policies specifically permit restaurant uses within the General Rural Area subject to addressing certain criteria, and the recommended zoning complies with all of the applicable policies in the Official Plan.
The potential for any road modifications at the proposed driveway to the restaurant parking area will be reviewed by the City’s transportation staff at the time of submission of a site plan approval application for the proposed restaurant. Potential modifications may include the need to provide a northbound left-turn lane on March Road at the site driveway or a northbound “slip around” lane.
Transportation impact studies have been submitted in support of the site plan applications for the shopping centre developments at the southeast corner of March Road / Maxwell Bridge Road and the southwest corner of March Road / Klondike Road.
The roadway modifications that are needed to accommodate these developments will be implemented concurrently with the March Road widening project between Klondike Road and Old Carp Road / Maxwell Bridge Road. Construction on the March Road widening project is anticipated to commence by the end of 2009.
St. Isidore elementary school is located at 1095 March Road about 380 metres to the north of the subject property. The proposed restaurant access is not expected to have a direct impact on buses travelling to and from the school. If it is determined that a northbound left-turn lane is required at the proposed restaurant driveway, the northbound through lane would be designed to accommodate car, truck and bus traffic.
According to the 2008 Transportation Master Plan, March Road is planned to be widened from two to four lanes between Old Carp Road and Dunrobin Road in Phase 3 (2023-2031). An Environmental Assessment will be prepared prior to the construction of the widening that will review a broad range of issues including road capacity, access to abutting lands, safety and traffic operations.
COMMUNITY ORGANIZATION COMMENTS
March Rural Community Association
Comment: We did discuss the proposed zoning amendment at our last meeting. Our concerns were focused on safe access to and from March Road which should be four lanes wide with a boulevard(?) in the future, and water. We are concerned about the size of restaurant proposed being properly served on a well and septic. Assurances of the measures taken on this issue would be appreciated. Other than that we are very happy to welcome a new business to our community.
Response: Provision of safe access to and from March Road would be addressed by a transportation impact study that would be required to support a future site plan approval application for the proposed restaurant use.
March Road is planned to be widened from two to four lanes between Old Carp Road and Dunrobin Road in Phase 3 (2023 to 2031) of the 2008 Transportation Master Plan. The provision of safe access to abutting properties and the appropriate cross-section for March Road would be reviewed through the Environmental Assessment process required for this project.
Mississippi Valley Conservation prepared the following comments on the proposal to service the restaurant with a well and septic system:
MVC has reviewed the Hydrological Investigation and the Terrain Analysis and Impact Assessment for the above noted property, and concur with the conclusions found by the consultant. The water quality has exceedances in aesthetic parameters, but can be readily treated with conventional water softening equipment. The water quantity required is available over a 24 hour period, but it is possible that extensive pumping may exceed the capacity of the well for short periods of time, and this would require the installation of some form of storage system (in well, a cistern, etc).
The backwash from the water softener should not be directed to the septic tank, as it has been shown that high levels of salt will adversely affect the tank, biota, and soil structure around the tilefield. The proponent should be encouraged to consider alternative systems, such as water reuse, collecting rainwater for flushing toilets, etc, in addition to a more conventional system as a way of minimizing costs, reducing the impact of the backwash on the local environment, and ensuring adequate water supply.
It is possible that this project would be subject to MOE approval as it may be a designated facility, and their input should be received as part of the site plan process. It is also possible that this facility will exceed the threshold under building code, so the input of the Ottawa Septic System Office should be received as part of the site plan process.