2.                   ZONING – 1375 JOHNSTON ROAD

 

ZONAGE – 1375, CHEMIN JOHNSTON

 

 

Committee recommendationS, as amended

 

(This matter is Subject to Bill 51)

 

That Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1375 Johnston Road from IL - Light Industrial Zone to IL [xxxx] - Light Industrial Zone, Exception [xxxx], as detailed in Document 2, and that Item 2 of Document 2, be revised to delete the words “Automobile Service Station limited to vehicle repair only” and replace them with “Automobile Service Station, except for the retail sale of fuels”.

 

And that there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

 

RecommandationS modifiéeS du comité

 

(Cette question est assujettie au Règlement 51)                               

 

Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer le zonage du 1375, chemin Johnston de IL – Zone d’industrie légère à IL [xxxx] – Zone d’industrie légère, exception [xxxx], comme il est expliqué en détail dans le Document 2; et que le point 2 du Document 2 soit modifié afin de supprimer les mots « station-service limitée seulement aux réparations de véhicules » et de les remplacer par « station-service, à l’exception de la vente au détail de carburants ».

 

Et qu’aucun autre avis ne soit donné conformément au paragraphe 34(17) de la Loi sur l’aménagement du territoire.

 

 

 

Documentation

 

1.                  Deputy City Manager's report Infrastructure Services and Community Sustainability, dated 04 November 2010 (ACS2010-ICS-PGM-0207).

 

2.                  Planning Committee Extract of Draft Minutes of 11 January 2011.

 

 


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

04 November 2010 / le 04 novembre 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/Examen des projets d'aménagement

Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134  Derrick.Moodie@ottawa.ca

 

Gloucester-Southgate (10)

Ref N°: ACS2010-ICS-PGM-0207

 

 

SUBJECT:

ZONING - 1375 Johnston Road (FILE NO. D02-02-09-098)

 

 

OBJET :

ZONAGE - 1375, chemin johnston

 

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1375 Johnston Road from IL - Light Industrial Zone to IL [xxxx] - Light Industrial Zone, Exception [xxxx] , as detailed in Document 2.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l'urbanisme recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de changer le zonage du 1375, chemin Johnston de IL – Zone d’industrie légère à IL [xxxx] – Zone d’industrie légère, exception [xxxx], comme il est expliqué en détail dans le Document 2.

 

 

BACKGROUND

 

The subject property is located on the northwest corner of the Johnston Road and Albion Road intersection.  The site is occupied by a one-storey, L-shaped building that was originally constructed as a self-serve car wash facility.  Since 2008, the building has been used for other automobile-related uses such as service station (car repair only) and as a used-car dealership.  The existing landscape buffer along both street edges consists of mature trees.

 

The surrounding uses comprise of automotive, construction and manufacturing type uses north of the Johnston Road.  Residential uses are located south the Johnston Road.  Greenboro Park is situated on the opposite corner from the subject site.

 

This site is located within the Sawmill Creek subwatershed in an area identified as floodplain.  Mapping done in 1983 indicated that land with a geodetic elevation of less than 82.68 meters above sea level was at risk of flooding.  Most of the subject property is below this elevation except for the floor of the building.

 

In 2003 to 2006 a new stormwater management facility was constructed on Sawmill Creek.  This facility is upstream from the tributary that the subject property is on and will divert and store water, which reduces the flow downstream.  The reduced flow has significantly reduced the projected downstream floodplain elevation. 

 

Purpose of the Zoning Amendment

 

The applicant requests permission to legally establish the automobile-related uses (service station (car repair only) and used-car dealership) which are in operation within the existing building.  The existing Automobile Dealership and Automobile Service Station uses are permitted in the IL Zone; however, Section 58 prohibits these uses within areas subject to a floodplain overlay.  A site-specific amendment is required to state “Despite the provisions of Section 58 of Zoning By-law 2008-250 to the contrary, automobile dealership and automobile service station are permitted in the floodplain overly for the lands at 1375 Johnston Road. 

 

DISCUSSION

 

The Provincial Policy Statement prohibits development and site alteration on lands considered to be hazardous. This would include lands located in a floodplain where essential emergency services could be impaired as a result of flooding.  In addition, policy prohibits uses associated with the disposal, manufacture, treatment or storage of hazardous substances. 

 

The Official Plan also directs development out of these hazard lands.  However, Section 4.8.1 in the Plan does permit safe, compatible development in the reduced-risk parts of the flood plain, provided there are no adverse environmental impacts and the proposal is approved by the appropriate Conservation Authority, in accordance with the applicable legislation. 

 

Section 58 of Zoning By-law 2008-250 implements the policies of the Provincial Policy Statement by prohibiting certain uses from an area indentified by the Flood Plain overlay.

 

The City has consulted and reviewed this application with the Rideau Valley Conservation Authority, who has made a recommendation to approve the amendment.  The Zoning By-law amendment is considered to be appropriate because the flood risk has been mitigated by the construction of the stormwater management facility.  A study that was conducted for a neighbouring property indicates that significant amount of the flow will be retained by the stormwater facility, reducing the elevation of the floodplain limit in this area to 81.8 metres above sea level.  At this time, the Conservation Authority has no plans to undertake a comprehensive review of the floodplain modelling for this area that would be needed to update this mapping for the regulated flood limit.

 

The survey for this property has identified that the floor of the building, where the automobile fluids are stored, is above the regulated floodplain of 82.68 metres and that the entire property is above what is anticipated to be floodplain limit of 81.8 metres if/when the mapping is revised.   Given this information, staff are comfortable in supporting this application to bring the existing uses into legal conformity as it is consistent with the Official Plan Policies for development within reduced-risk parts of the floodplain.  This application covers existing uses only, including the automobile service station and automotive dealership.  Any future prohibited uses would be subject to a separate review by staff for rezoning.

 

ENVIRONMENTAL IMPLICATIONS

 

The Conservation Authority has inspected the site.  There are procedures being followed for the safe handling, storage and disposal of hazardous materials on this site.  The property is at the edge of the lands affected by the floodplain and the risk of contamination during an event is minimal.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy.  The City did not receive any negative comments or opposition to this application.

 

One public meeting was held in the community on April 21, 2010.  Four members of the public were in attendance along with the Owners, their consultant and City Staff.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

The Ward Councillor is aware of this application and has requested that the zoning be amended on a temporary basis.  This would allow the Conservation Authority some time to conduct a study to update the floodplain overlay.

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

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

 

CITY STRATEGIC PLAN

 

Encourages the development of existing employment lands to promote job creation and minimize infrastructure costs.

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

There are no direct financial implications associated with this report.

 

APPLICATION PROCESS TIMELINE STATUS

 

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments.

 

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.


LOCATION MAP                                                                                                DOCUMENT 1

 

 


DETAILS OF RECOMMENDED ZONING                                DOCUMENT 2 as amended

 

Proposed Changes to the Zoning By-law 2008-250

 

1.      The subject lands shown on Document 1 will be rezoned from IL, Light Industrial Zone, to IL [xxxx], a Light Industrial Exception Zone

 

2.      An exception will be added to Section 239 - Urban Exceptions that will apply to the IL [xxxx] zone and will include the following:

 

Further permitted Uses

Notwithstanding Section 58

Automobile Service Station, except for the retail sale of fuels

Automobile Dealership

 

Provisions

A maximum of two service bays are permitted.

Automobile Dealership restricted to a maximum gross floor area of 100 m2.

 


 

3.         ZONING – 1375 JOHNSTON ROAD
ZONAGE - 1375, CHEMIN JOHNSTON                                                                        

ACS2010-ICS-PGM-0207                                          GLOUCESTER-SOUTHGATE (10)

Deferred from the Planning and Environment Committee meeting of 16, 17 and 18 November 2010/ Reporté de la réunion du comité de l’urbanisme et de l’environnement du 16, 17 et 18 Novembre 2010:

 

(This matter is Subject to Bill 51)

 

Adam Thompson, Novatech Engineering, was present on behalf of the applicant in support of the report, subject to a forthcoming motion of amendment from Councillor Qadri. 

 

Moved by Councillor S. Qadri:

 

WHEREAS the existing uses on this site consist of a limited Automobile Service Station operations which includes vehicle repair and accessory used car sales, and an Automobile Dealership;

 

AND WHEREAS Document 2 of report ACS2010-ICS-PMG-0207 summarizes the proposed changes to be made to Zoning By-law 2008-250; and

 

AND WHEREAS an exception is recommended to permit an Automobile Service Station limited to vehicle repair only.

 

THEREFORE BE IT RESOLVED THAT Item 2 of Document 2, be revised to delete the words “Automobile Service Station limited to vehicle repair only” and replace them with “Automobile Service Station, except for the retail sale of fuels”.

 

And that there be no further notice pursuant to Section 34 (17) of the Planning Act.

                                                                                                           

                                                                        CARRIED

 

Committee then approved the report recommendation, as amended.

 

That the Planning Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 1375 Johnston Road from IL - Light Industrial Zone to IL [xxxx] - Light Industrial Zone, Exception [xxxx] , as detailed in Document 2, and that Item 2 of Document 2, be revised to delete the words “Automobile Service Station limited to vehicle repair only” and replace them with “Automobile Service Station, except for the retail sale of fuels”.

 

And That there be no further notice pursuant to Section 34 (17) of the Planning Act.

 

                                                                                                CARRIED, as amended.