2. ZONING - 145 JOHN CAVANAUGH DRIVE

ZONAGE - 145, PROMENADE JOHN CAVANAUGH

Committee Recommendations

(This application is subject to Bill 51)

That Council:

1. Approve an amendment to By-law 2008-250 to change the zoning of part of 145 John Cavanaugh Drive from Rural Commercial Subzone 9 Zone, (RC9) and Rural Institutional Subzone 5 Zone (RI5) to Rural Commercial Subzone 9 Exception Zone, (RC9-xxxr) and Rural Institutional Subzone 5 Exception Zone (RI5 [173r]) as shown in Document 1 and detailed in Document 2.

2. Approve an amendment to the former Township of West Carleton Zoning By-law 266-81 to change the zoning of part of 145 John Cavanaugh Drive from Rural Industrial Zone, (MR-4) and Rural Zone, Exception Zone (Ru-2) to Rural Industrial Zone, Exception Zone (MR-4(x6), and to add a permitted use to the existing Ru-2 Zone as shown in Document 1 and as 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 visant à faire passer la désignation de zonage d’une partie du 145, promenade John‑Cavanaugh de Zone commerciale rurale, sous-zone 9 (RC9) et Zone institutionnelle rurale, sous-zone 5 (RI5) à Zone d’exception à une zone commerciale rurale, sous-zone 9 (RC9-xxxr) et Zone d’exception à une zone commerciale rurale, sous-zone 5 (RI5 [173r]), comme l’illustre le document 1 et le précise le document 2.

2. approuve une modification au Règlement de zonage 266-81 de l'ancien Canton de West Carleton visant à faire passer la désignation de zonage du 145, promenade John-Cavanaugh de Zone industrielle rurale (MR-4) et Zone d'exception à une zone rurale (Ru-2) à Zone d'exception à une zone industrielle rurale (MR-4(x6) et à ajouter une utilisation à celles qui sont permises dans la zone Ru-2, comme l’illustre le document 1 et le précise le document 2.

Documentation

1. Deputy City Manager, Planning, Transit and the Environment report dated 24 July 2008 (ACS2008-PTE-PLA-0170).

2. Extract of Draft Minute, 21 August 2008.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité de l'agriculture et des questions rurales

and Council / et au Conseil

24 July 2008 / le 24 juillet 2008

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipal 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

West Carleton-March (5)

Ref N°: ACS2008-PTE-PLA-0170

SUBJECT:	ZONING - 145 JOHN CAVANAUGH DRIVE (FILE NO. D02-02-07-0134)

OBJET :	ZONAGE - 145, PROMENADE JOHN CAVANAUGH

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend Council:

RECOMMANDATIONS DU RAPPORT

Que le Comité de l'agriculture et des questions rurales recommande au Conseil :

1. D’approuver une modification au Règlement de zonage 2008-250 visant à faire passer la désignation de zonage d’une partie du 145, promenade John‑Cavanaugh de Zone commerciale rurale, sous-zone 9 (RC9) et Zone institutionnelle rurale, sous-zone 5 (RI5) à Zone d’exception à une zone commerciale rurale, sous-zone 9 (RC9-xxxr) et Zone d’exception à une zone commerciale rurale, sous-zone 5 (RI5 [173r]), comme l’illustre le document 1 et le précise le document 2.

2. D'approuver une modification au Règlement de zonage 266-81 de l'ancien Canton de West Carleton visant à faire passer la désignation de zonage du 145, promenade John-Cavanaugh de Zone industrielle rurale (MR-4) et Zone d'exception à une zone rurale (Ru-2) à Zone d'exception à une zone industrielle rurale (MR-4(x6) et à ajouter une utilisation à celles qui sont permises dans la zone Ru-2, comme l’illustre le document 1 et le précise le document 2.

BACKGROUND

The subject lands are located on the northeast corner of John Cavanaugh Drive and McGee Side Road, and extend eastward to Oak Creek Road. The site has 210 metres of frontage on John Cavanagh Drive and 1070 metres of frontage on McGee Side Road, with an area of 48.7 hectares. The property is occupied by Highland Park Cemetery, which has been operating since 1978. The cemetery provides traditional burial plots, urn gardens and memorial walls. The cemetery uses a former residential dwelling as an associated office and caretaker building, and a barn has been converted into a maintenance building. The main entrance for the cemetery is located on McGee Side Road, approximately halfway between John Cavanagh Drive and Oak Creek Road.

On the west side of the property, an approximately 520 square metre area of land is leased to a company using the land for testing of security and surveillance products. This company occupies an adjacent property on John Cavanagh Drive.

To the north, east and south, cultivated fields border the property. A detached dwelling is located on the farm on the south side of McGeee Side Road, and a small industrial subdivision is located to the west, on John Cavanagh Drive.

Existing Zoning

In By-law 2008-250, the easterly portion of the subject site is zoned Rural Institutional Subzone 5 Zone (RI5). This zone permits a cemetery, day care centre, place of worship and school. The westerly portion of the property adjacent to John Cavanaugh Drive is zoned Rural Commercial Subzone 9 Zone - Carp Road Corridor Highway Commercial Restricted (RC9), which permits uses such as animal hospital, automobile dealership, service station, heavy equipment and vehicle sales and rental, hotel and retail store.

In the former Township of West Carleton Zoning By-law 266-81, the easterly portion of the property is zoned Rural Zone (Ru-2). This zone permits a cemetery, kennel, riding club and commercial greenhouse. The site-specific exception includes a crematorium as an additional permitted use on the property. The westerly portion of the property adjacent to John Cavanaugh Drive is zoned Rural Industrial Zone (MR-4). This exception zone, affecting properties along Carp Road, permits a range of industrial uses, such as assembly plant, warehouse, maintenance garage and transportation depot.

Purpose of Zoning By-law Amendment

The subject application proposes two revisions to the current by-law affecting the property. The first component to the Zoning By-law amendment is to amend the Rural Institutional Zone (RI5) to permit “funeral home” in addition to the currently permitted uses. Secondly, a new site‑specific exception would be created to the Rural Commercial Zone (RC9) to add “funeral home” and “crematorium” as permitted uses on the property. The purpose of the Zoning By-law amendment is to expand the services provided on-site, since new Provincial legislation is pending that would permit cemetery operators to also provide funeral and remembrance services.

DISCUSSION

According to the Official Plan, the subject land is affected by two designations, with the easterly two-thirds of the property being within the “Agricultural Resource Area” designation, and the westerly third of the property being within the “Carp Road Corridor Rural Employment Area” designation. The division line between the two designations is consistent with the zoning boundary between the Rural Institutional Zone and the Rural Commercial Zone.

The Agricultural Resource Area designation is applied to lands that are best suited to agricultural purposes in terms of soil capability, parcel size and absence of conflicting uses. The designation is intended to protect the major areas of agricultural production and other lands suitable for agriculture from loss to other non-farm uses. It also ensures that uses that would result in conflicts with agricultural operations are not established in productive farming areas.

In relation to the subject property, the portion of the site that is designated Agricultural Resource Area does not reflect the existing land use. The cemetery has been in existence for approximately thirty years and has been zoned accordingly since before the adoption of the West Carleton Zoning By-law in 1981. Among the stated purposes of the Rural Institutional Zone in By-law 2008-250 is to “permit a limited range of educational and religious-related institutional uses where they exist in areas designated General Rural Area and Agricultural Resource Area in the Official Plan, and ensure that future development will have a minimal impact on adjacent land uses and will respect the character of the surrounding village or rural areas”.

The "Carp Road Corridor Rural Employment Area" designation on the westerly portion of the property affects the lands between Highway 417 to the south and the Carp Airport to the north. Due to the corridor’s strategic location, the intent of the designation is to permit a diverse range of employment and industrial opportunities. This includes manufacturing, mining, retail uses, construction and transportation uses as well as personal, professional and business services. The policies in Section 3.7.5 of the Official Plan, affecting the Carp Road Corridor Rural Employment Area, state that the intent of the designation is to reserve the land for rural industrial and commercial uses, and that the Carp Road Corridor Community Design Plan was to provide further direction.

The subject property was included within the limits of the Carp Road Corridor Community Design Plan. The CDP land use schedule designates the western portion of the property as “Highway Commercial Area” and the easterly portion as “Agricultural Resource Area”. Referring to the western portion of the property, Policy 2.5 in the Community Design Plan states that the uses permitted in the ‘Highway Commercial Area” designation include those that require large parking areas, provide a level of goods and services that relate directly to the automobile trade, and serve the surrounding rural population.

The Province of Ontario is expected to replace both the Cemeteries Act and the Funeral Directors and Establishments Act with new legislation. The Funeral, Burial and Cremation Services Act 2002, will permit operators of cemeteries to provide additional services, including funeral services. It is expected that a date for proclamation will be named in the near future. The requested Zoning By-law amendment would be consistent with the new regulations, in that it would permit the owner of the cemetery to also own and operate a funeral home. The proponent also operates the Pinecrest Cemetery, where the current zoning permits both a cemetery and funeral home, allowing full remembrance services including on-site visitation, chapel service and receptions.

The proposed site-specific amendment to permit a funeral home and crematorium satisfies the policies set out in the Community Design Plan and the Official Plan that encourage various types of economic development in the Carp Road Corridor. The addition of the funeral home use is appropriate for the property as it is complementary to the currently permitted cemetery and crematorium uses. The requested permitted use will be located on lands that are currently used for remembrance services, allowing a combination of services to the public and reducing the need for travel during internment ceremonies. The site provides ample space for parking and is easily accessible from Carp Road. The proposed amendment will increase the range of services offered to the surrounding population, while maintaining the rural character of the area. No additional municipal infrastructure or services are required. The proposal would be subject to Site Plan Control Approval, at which time details of site layout, building location and private services would be reviewed.

Details of Changes to By-law 2008-250

By-law 2008-250 was passed by City Council on June 25, 2008. The following required changes to the Zoning By-law have been identified:

To change the zoning of the westerly portion of 145 John Cavanaugh Drive from Rural Commercial Zone (RC9) to a site-specific exception zone, Rural Commercial Subzone 9 Exception Zone (RC9 [xxxr]) adding “funeral home” to the list of permitted uses, as shown in Document 1 and as detailed in Document 2. The “funeral home” definition includes a crematorium and cemetery.

To change the zoning of the easterly portion of 145 John Cavanaugh Drive from Rural Institutional Zone (RI5) to a site-specific exception zone, Rural Institutional Subzone 5 Exception Zone (RI5 [173r]) adding “funeral home” to the list of permitted uses, as shown in Document 1 and as detailed in Document 2. Although the cemetery is already a permitted use in the RI5 Zone, the “funeral home” definition includes a crematorium and cemetery.

Details of Changes to the former West Carleton Zoning By-law 266-81:

To change the zoning of the westerly portion of 145 John Cavanaugh Drive from Rural Industrial Zone (MR-4) to a site-specific exception zone, Rural Industrial Exception Zone (MR-4(x6)) adding “funeral home,” “cemetery” and “crematorium” to the list of permitted uses, as shown in Document 1 and as detailed in Document 2. Unlike By-law 2008-250, the former West Carleton Zoning By-law 266-81 does not permit a cemetery or crematorium as part of the funeral home definition, so they must be included separately.

To amend the site-specific exception zone for the easterly portion of 145 John Cavanaugh Drive from Rural Exception Zone (Ru-2) to include “funeral home” to the list of permitted uses, as shown in Document 1 and as detailed in Document 2. The cemetery and crematorium are already permitted uses in the Ru-2 Zone.

Conclusions

The proposed site-specific amendment to permit a funeral home and crematorium is consistent with the intent of the policies set out in the Community Design Plan and the Official Plan. Policies encourage various types of economic development in the Carp Road Corridor, while minimizing impact on farmland. The proposed permitted uses are considered appropriate and complementary for the present use of the site and respect the existing rural character of the community. The Department supports this Zoning By-law amendment because the proposed use is compatible with the surrounding area and conforms to the applicable policies outlined within the Official Plan.

ENVIRONMENTAL IMPLICATIONS

The Mississippi Valley Conservation Authority reviewed the subject application and had no objections to approval of the application.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Comments were received from three local residents. The public comments and staff response are detailed in Document 3. The Ward Councillor is aware of this application and the staff recommendation.

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. The application was On Hold for several months while the applicant waited for enactment of new Provincial legislation.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Details of Recommended zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, (Novatech Engineering Consultants Ltd., 240 Michael Cowpland Drive, Suite 200, Ottawa, Ontario K2M 1P6, Attention: Mr. Adam Thompson), OttawaScene.com, 174 Colonnade Road, 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 By-law 2008-250

1. The lands shown as Area A on Document 1 zoned RC9 in By-law 2008-250 are rezoned to RC9 [xxxr]

2. A new exception, RC9 [xxxr], will be added to Part 15, Section 240 including the following provisions:

(a) Additional permitted uses:

(i) Funeral home

(ii) Crematorium

3. The lands shown as Area B on Document 1 zoned RI5 in By-law 2008-250 are rezoned to RI5 [173r].

4. Column II of exception 173r in Section 240 will be amended by adding the following zone:

RI5 [173r]

Proposed changes to By-law No. 266-81 for the former Township of West Carleton

1. The lands shown as Area A on Document 1 zoned MR-4 under By-law 266-81 are rezoned to MR-4 (x6).

2. A new special exception zone, MR-4 (x6), will be added to subsection 16(3)(d) including the following provisions:

(a) Additional permitted uses:

(i) Funeral home

(ii) Crematorium

(iii) Cemetery

(b) Despite subsection 3(15), land zoned MR-4 (x6) and abutting land zoned RU-2 are considered one lot for purposes of determining zone provisions.

3. Subsection 22(3)(b) is amended to add funeral home as a permitted use and to include the following provision:

Despite subsection 3(15), land zoned RU-2 and abutting land zoned MR-4 (x6) are considered one lot for purposes of determining zone provisions.

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. The ward Councillor is aware of the application and the staff recommendation. A summary of the public comments and staff responses is listed below.

Comments: Building of a commercial building in the rural area would take away from natural beauty. We already tolerate interruptions from clientele of Highland Park cemetery asking to use the phone or washroom. This would increase our taxes and decrease property values.

Response: The building is proposed to be located close to the John Cavanaugh Drive industrial area, and will have no impact on the rural nature of the area along McGee Side Road. There is one dwelling on the south side of McGee Side road, and construction of a permanent building within the cemetery will eliminate the need for clientele to seek facilities such as washrooms or phones nearby.

Comments: The increase of traffic would disrupt the quiet community.

Response: The expected traffic is not a significant increase from the volume of cars currently attending the facility for interments. Funeral homes generally operate visitations and services in the afternoons and evenings, during off-peak periods. An advantage of offering funeral services and burial site on the same property is that it eliminates funeral processions, reducing the impact of traffic in the vicinity.

Comments: The water table will be affected by various developments occurring nearby. The smell of crematorium will be offensive.

Response: The Mississippi Valley Conservation Authority has reviewed the application and has no objections to the proposed rezoning. A hydrogeological study will be undertaken at the time of Site Plan Control Approval, as would be carried out for a proposed place of worship. There is no odour associated with the facilities proposed.