4.             ZONING - 1123 OLD MONTRÉAL ROAD

 

zONAGE - 1123, CHEMIN old montrÉal

 

 

 

Committee RecommendationS

 

(This application is subject to the provisions of Bill 51.)

 

That Council:

 

1.                  Approve an amendment to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old Montreal Road from Rural Institutional Zone Subzone 5 (RI5) to Rural Countryside Zone with exception (RU[XXXr]), Rural Institutional Zone Subzone 5 with exception (RI5[XXYr]), Environmental Protection Zone (EP) and Environmental Protection Zone Subzone 1 (EP1) as shown in Document 1 and detailed in Document 2.

 

2.         Approve an amendment to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old Montreal Road from Environmental Protection Zone (EP) to Environmental Protection Zone Subzone 1 (EP1) and Rural Countryside Zone with exception (RU[XXXr]) and Rural Institutional Zone Subzone 5 (RI5) as shown in Document 1 and detailed in Document 2.

 

 

RecommandationS DU Comité

 

(Cette application est assujettie aux dispositions du Règlement 51.)

 

Que le Conseil :

 

1.         approuve une modification au Règlement de zonage no 2008-250 visant à changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone d’institutions rurales, sous-zone 5 (RI5) à Zone d’espace rural assortie d’une exception (RU[XXXr]), à Zone d’institutions rurales, sous-zone 5, assortie d’une exception (RI5[XXYr]), à Zone de protection de l’environnement (EP) et à Zone de protection de l’environnement, sous-zone 1 (EP1), comme l’illustre le document 1 et l’explique le document 2;

 

2.         approuve une modification au Règlement de zonage no 2008-250 visant à changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone de protection de l’environnement (EP) à Zone de protection de l’environnement, sous-zone 1 (EP1), à Zone d’espace rural assortie d’une exception (RU[XXXr]) et à Zone d’institutions rurales, sous-zone 5 (RI5), comme l’illustre le document 1 et l’explique le document 2.

 

 

 

Documentation

 

1.         Deputy City Manager’s Report, Infrastructure Services and Community Sustainability dated 5 August 2010 (ACS2010-ICS-PGM-0153).


Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des affaires rurales

 

and Council / et au Conseil

 

05 August 2010 / le 05 août 2010

 

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

 

Cumberland (19)

Ref N°: ACS2010-ICS-PGM-0153

 

 

SUBJECT:

ZONING - 1123 old montrÉal road (FILE NO. D02-02-10-0058)

 

 

OBJET :

ZONAGE - 1123, CHEMIN old montrÉal

 

 

REPORT RECOMMENDATIONS

 

That the Agriculture and Rural Affairs Committee recommend Council:

 

1.         Approve an amendment to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old Montreal Road from Rural Institutional Zone Subzone 5 (RI5) to Rural Countryside Zone with exception (RU[XXXr]), Rural Institutional Zone Subzone 5 with exception (RI5[XXYr]), Environmental Protection Zone (EP) and Environmental Protection Zone Subzone 1 (EP1) as shown in Document 1 and detailed in Document 2.

 

2.         Approve an amendment to the Zoning By-law 2008-250 to change the zoning for part of 1123 Old Montreal Road from Environmental Protection Zone (EP) to Environmental Protection Zone Subzone 1 (EP1) and Rural Countryside Zone with exception (RU[XXXr]) and Rural Institutional Zone Subzone 5 (RI5) 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 no 2008-250 visant à changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone d’institutions rurales, sous-zone 5 (RI5) à Zone d’espace rural assortie d’une exception (RU[XXXr]), à Zone d’institutions rurales, sous-zone 5, assortie d’une exception (RI5[XXYr]), à Zone de protection de l’environnement (EP) et à Zone de protection de l’environnement, sous-zone 1 (EP1), comme l’illustre le document 1 et l’explique le document 2;

 

2.         d’approuver une modification au Règlement de zonage no 2008-250 visant à changer le zonage d’une partie du 1123, chemin Old Montreal, de Zone de protection de l’environnement (EP) à Zone de protection de l’environnement, sous-zone 1 (EP1), à Zone d’espace rural assortie d’une exception (RU[XXXr]) et à Zone d’institutions rurales, sous-zone 5 (RI5), comme l’illustre le document 1 et l’explique le document 2.

 

 

BACKGROUND

 

The subject property, 1123 Old Montreal Road, site of the Word of Life Church, is approximately 30.0 hectares in area.  It is bounded by Old Montreal Road (Regional Road 34) to the south, Old Highway 17 (Regional Road 174) to the north, the Cardinal Creek Sector Business Park to the west, and Laporte’s Nursery to the east.  Cardinal Creek extends along the entire west side of the property within a significant valley/ravine and flows north into the Ottawa River.

 

The site is officially located in the rural portion of the municipality since the Cardinal Creek ravine is considered to be the boundary between the General Urban and the General Rural Areas of the city.  There is an appeal to Official Plan Amendment No 76 (OPA 76) seeking to add this site and other lands east of Cardinal Creek into the urban boundary.  The approval of these changes to the Zoning By-law, and the conveyance of these lands, should not be interpreted as support by the City for any form of development other than for rural uses.

 

There are no municipal services (water, sanitary or storm sewers) to the subject lands and the existing church and surrounding lands to the south and east are all on private services.

 

Purpose of Zoning Amendment

 

The Zoning By-law amendment is required to address a conditional consent approval (Application No. D08-01-09/B-00258) that would have the effect of creating a total of three lots (from the original parcel) and the conveyance of land to the City.  This will enable the World of Life Church to sell its excess land and maintain ownership of their Church facility.  The conditions include the following:

 

1) That the Owner obtains a rezoning with all levels of appeal exhausted to modify the zoning of the parcel to be severed to limit the permitted uses to agricultural uses, to exclude any additional buildings and to recognize the lack of adequate frontage. The rezoning will also modify all severed and retained lands identified as hazard lands pursuant to condition No. 2 below and recognize the deficient frontage of the easterly retained parcel.

 

Another condition requires the conveyance of the lands located beyond the limit of development to the City as established through consultation with the Conservation Authority and City.

 

There are no new buildings or structures envisaged at this time for the subject lands.

 

Existing Zoning

 

The majority of the subject lands is zoned RI5 - Rural Institutional Subzone. This zoning covers the area where the church and parking is presently located. The lands located generally within the ravine are currently zoned EP which is an Environmental Protection Zone.

 

The Rural Institutional Zone is intended to permit a limited range of educational and religious‑related institutional uses.

 

The Environmental Protection Zone is intended to recognize lands which:  are designated in the Official Plan as Significant Wetlands, Natural Environment Areas and Urban Natural Features; are lands historically identified as hazard lands; or lands that contain important environmental resources which must be protected for ecological, educational and recreational reasons.  The subject lands are identified as part of the City’s Natural Heritage System on Annex 14 (OPA 76).

 

The purpose of the Environmental Protection Zone is to permit only those uses which are compatible with and assist in the protection of the environmental attributes of these lands, or are in keeping with applicable Official Plan policies and to regulate development to minimize hazards and the impact of any buildings or structures within these environmental areas.

 

The permitted uses in the Environmental Protection Zone include an environmental preserve and education area, and a forestry operation.

 

The subzone EP1 also permits an additional use that being a utility installation, defined as including a storm water management facility.

 

Proposed Zoning

 

Area A in Document 1 would apply to the severed parcel. This parcel does not have the required minimum lot width of 30 metres and thus would require an exception.  The exception would recognize a minimum lot width of 10 metres and address limitations on the use of the land by permitting only agricultural uses and no additional buildings (As described in Document 2.)  This parcel is to be rezoned from RI5 to RU[XXXr] (Exception).

 

Area B consists of the easterly retained parcel that is presently vacant.  This parcel does not have the required minimum lot width of 30 metres and thus would require an exception from the present RI5 zone.  The exception would recognize a minimum lot width of 16 metres (As described in Document 2).  This parcel is to be rezoned from RI5 to RI5[XXYr] (Exception).

 

Area C consists of the majority of the main channel of Cardinal Creek.  The present zoning is EP and since it is contemplated that a stormwater management facility maybe constructed in the future within this zone, the EP1 subzone is the more appropriate zone classification.  With the benefit of detailed geotechnical analysis now available, the eastern boundary of the zone is also to be revised.  The proposed consent is conditional upon these lands being conveyed to the City.

 

Area D consists of a part of the north tributary to Cardinal Creek, a narrow watercourse that drains lands to the east, and added sections (that will now fall below the limit of development) of the Cardinal Creek channel where no stormwater management facility is contemplated.  The proposed consent is conditional upon these lands being conveyed to the City.  This Area is to be rezoned from RI5 to EP.

 

Area E consists of parts of the severed parcel that will now be part of the table lands (the limit of development).  This Area is to be rezoned from EP to RU[XXXr].

 

Area F consists of parts of the severed parcel that will now fall below the limit of development and be part of the Cardinal Creek main channel, where a stormwater management facility is contemplated.  This Area is to be rezoned from RI5 to EP1.

 

Area G consists of part of the retained parcel that will now be part of the table lands (above the limit of development).  This Area is to be rezoned from EP to RI5.

 

 

DISCUSSION

 

Official Plan

 

The subject lands are designated as General Rural Area on Schedule ‘A’.  The ravine containing Cardinal Creek is designated as Unstable Slopes on Schedule ‘K’.  The Natural Heritage System that is identified in OPA 76, and illustrated by the information map (Annex 14, Natural Heritage Systems), includes the Cardinal Creek ravine. This creek system was evaluated as part of the City’s Urban Natural Features Study. Portions of the site area are classed as Significant Valleylands.

 

The General Rural Area Designation is intended 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 Unstable Slope designation is intended to strictly control the advancement of development into these areas. The policies are intended to provide assurances through studies that the lands will not be adversely affected by any new development.

 

A detailed and comprehensive Geotechnical Investigation was prepared indicating the acceptable limit of development derived from a consideration of the limit of hazard land and the minimum setback from a watercourse established in the Official Plan.  This limit of development has been agreed to by the Conservation Authority. This established line will form some of the zone boundary.

 

The intent of the Natural Heritage System is to identify, maintain, restore, and where possible, improve the diversity and connectivity of natural features and the long-term ecological function and biodiversity of these natural systems.

 

Rationale

 

The proposed zoning by-law amendment removes lands currently zoned RI5 and places them into an EP zone while confirming a suitable limit of development so as to protect the natural heritage system from any future development and to direct development away from areas of natural hazards where there is an unacceptable risk to public health or safety or of property damage.

 

The establishment of the limit of development and subsequent delineation of the EP Zone boundary is compatible with the policies for the Natural Heritage System as mandated by the Provincial Policy Statement.

 

The proposed uses for the table lands located above the limit of development line are consistent with the types of uses typically permitted within the General Rural Area designation.

 

The proposed Zoning By-law amendment implements the decision of the Committee of Adjustment for Application D08-01-09/B-00258.

 

 

RURAL IMPLICATIONS

 

The existing place of worship is considered an acceptable/compliant non-agricultural use.

 

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

Councillor Jellett is aware of this application.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no legal/risk management implications associated with this report.

 

 

CITY STRATEGIC PLAN

 

N/A

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

 

 

SUPPORTING DOCUMENTATION

 

Document 1    Location Map

Document 2    Details of Recommended Zoning

 

 

DISPOSITION

 

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 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.


DOCUMENT 1

LOCATION MAP                                                                                                                         

 

 


DOCUMENT 2

 

DETAILS OF RECOMMENDED ZONING                                                                             

 

  1. Rezone the subject property as shown in Document 1 as follows:
    1. Area A from RI5 to RU[XXXr];
    2. Area B from RI5 to RI5[XXXr];
    3. Area C from EP to EP1;
    4. Area D from RI5 to EP;
    5. Area E from EP to RU[XXXr]
    6. Area F from RI5 to EP1; and
    7. Area G from EP to RI5.

 

  1. Add a new exception, RU[XXXr], to Section 240 including the following:
    1. Land Uses Prohibited:

- all uses except agricultural use

 

    1. Provisions:

- minimum required lot width: 10 m

- no buildings are permitted

 

  1. Add a new exception, RI5[XXYr], to Section 240 including the following:
    1. Provisions:

- minimum required lot width: 16 m