4. ZONING
- 1095 QUIGLEY HILL ROAD ZONAGE
- 1095, CHEMIN QUIGLEY HILL |
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 1095 Quigley Hill Road from Village
Residential First Density Subzone E (V1E) to Village Residential First Density
Subzone E (V1E) Exception XXXr (V1E [XXXr]) as detailed in Document 3.
2. Approve an amendment to the former City
of Cumberland Rural Zoning By-law to change the zoning of part of 1095 Quigley
Hill Road from Residential Zone 1 (R1) and Conservation Zone (CON) to
Residential Zone 1 Exception Xx (R1-Xx) as shown on Document 2 and detailed in Document 3.
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 de la
propriété située au 1095, chemin Quigley Hill, de Sous-zone résidentielle de
village de densité Un E (V1E) à Sous-zone résidentielle de village de densité
Un E (V1E), exception XXXr (V1E [XXXr]), comme le précise le document 3.
2. approuve
une modification au Règlement de zonage rural de l’ancienne Ville de Cumberland
visant à faire passer la désignation de zonage d’une partie de la propriété
située au 1095, chemin Quigley Hill, de Zone résidentielle 1 (R1) et Zone de
conservation (CON) à Zone résidentielle 1, exception Xx (R1-Xx), comme
l’illustre le document 2 et le précise le document 3.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability
dated 17 November 2008 (ACS2008-ICS-PLA-0211).
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
17 November 2008 / le 17
novembre 2008
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 : Danny Page,
Acting Manager/Gestionnaire intérimaire, Development Approvals/Approbation des
demandes d'aménagement, Planning Branch/
Direction de l’urbanisme
(613) 580-2424, 27595 Danny.Page@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 1095 Quigley Hill Road from Village
Residential First Density Subzone E (V1E) to Village Residential First Density Subzone E (V1E)
Exception XXXr
(V1E [XXXr]) as
detailed in Document 3.
2.
Approve an amendment to the
former City of Cumberland Rural Zoning By-law to change the zoning
of part of 1095 Quigley Hill Road from Residential Zone 1 (R1) and Conservation Zone (CON)
to Residential Zone 1 Exception Xx (R1-Xx) as shown on Document 2 and
detailed in Document 3.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de recommande au Conseil :
1. D’approuver
une modification au Règlement de zonage 2008-250 visant à faire passer la
désignation de zonage de la propriété située au 1095, chemin Quigley
Hill, de Sous-zone résidentielle de village de densité Un E (V1E) à Sous-zone
résidentielle de village de densité Un E (V1E), exception XXXr (V1E [XXXr]),
comme le précise le document 3.
2. D’approuver
une modification au Règlement de zonage rural de l’ancienne Ville de Cumberland
visant à faire passer la désignation de zonage d’une partie de la propriété
située au 1095, chemin Quigley Hill, de Zone résidentielle 1 (R1) et Zone de
conservation (CON) à Zone résidentielle 1, exception Xx (R1-Xx), comme
l’illustre le document 2 et le précise le document 3.
BACKGROUND
The subject site is located at 1095 Quigley Hill Road
within the Village of Cumberland and is situated northeast of the Quigley Hill
Road and Old Montreal Road intersection.
The subject site has
235.6 metres of frontage on Quigley Hill Road and 233.6 metres of frontage on
Old Montreal Road and is approximately four hectares in area. Access to the property
is from Quigley Hill Road. The site consists of a two-storey single detached
dwelling and detached garage. A small watercourse crosses the northern portion
of the property and a pond is located south of the existing structures. The
house and detached garage are located at the centre of the mainly forested
property and are well screened from the roads and adjacent properties. The
abutting properties consist of vacant land as well as residential uses.
Purpose of
Zoning Amendment
The purpose of the zoning amendment application is to
rezone the site to permit a private high school within a private residence. The
property was recently purchased by the applicant who was looking for a site
that could function as both a primary residence as well as a privately run
school. The school, known as Sphere College, is a small independent specialized
high school providing courses leading to an Ontario Secondary School Diploma.
An amendment to both applicable Zoning By-laws is required to permit the school
use. The site will continue to function
as a private residence for the owner and will be used as a private school
during the day for approximately 20-24 students. There will be no residential
accommodation for students on- site. No additions to the existing residential
building or changes to the site are being proposed at this time.
The property is
currently zoned Village Residential First Density Subzone E (V1E) under Zoning
By-law 2008-250 and Residential 1 (R1) and Conservation (CON) under the former
municipality of Cumberland Rural Zoning By-law.
Permitted uses of
both the V1E and R1 zones include single detached dwelling, bed and breakfast,
retirement home converted and home-based daycare.
The proposed zoning would add a site-specific exception to the
residential zones, under both Zoning By-law 2008-250 and the former City of
Cumberland Rural Zoning By-law,
permitting a private high school, limited to the existing building footprint and
allowing for a maximum of 24 students. The intention of the Zoning By-law
amendment is to restrict the permitted use to an appropriate scale in order to
ensure compatibility with the adjacent land uses.
The amendment will also make a minor modification to the boundary between
the Conservation (CON) and the Residential 1 (R1) zones, under the former
municipality of Cumberland Rural Zoning By-law. The modification will be made as shown on Document 2 in order to
reflect a more accurate location of the boundary on the subject site. The
accuracy of the current location of the boundary was limited to the data and
mapping technologies available at the time the Zoning By-law was established.
The revised location of the boundary has been determined through the availability
of more accurate mapping data and technologies.
DISCUSSION
Official Plan
The property is located within an area designated Village in the Official Plan and is further designated as Village Residential and Natural Environment Area (A) in the Cumberland Village Plan under Volume 2C of the Official Plan. Permitted land uses in the Village Residential designation are primarily single detached dwellings, low density multiples and open space and conservation lands. This designation also permits a variety of complimentary uses such as schools, churches and cemeteries, day nurseries and seniors and nursing homes. These complementary uses are subject to approval of servicing needs and consideration as to their location, which should generally be along major roads, near the village core or in a location where the use is not incompatible with neighbouring residential uses.
The proposed school meets the above servicing needs and locational considerations for such a use within the Village Residential Designation. The proposed school, which will be located within the existing residential dwelling, is relatively small in scale and is in keeping with the character of the village and surrounding residential uses. No external changes to the dwelling are proposed. The dwelling is ideally located at the centre of the well-established treed lot and is approximately 72 metres distant of the nearest adjacent property, which will buffer the proposed use from the adjacent residential properties and ensure that privacy is maintained.
The subject site is located at the corner of a collector road and arterial road, Quigley Hill Road and Old Montreal Road, respectively. Uses complimentary to residential uses, such as schools, are encouraged to be located along these classes of roads and not local roads. The subject site can be accommodated for the proposed use from both an access and traffic point of view.
The potential traffic generated by the additional school use has been evaluated and it was determined that the impact would be negligible. Both Montreal Road and Quigley Hill Road can accommodate the anticipated additional traffic that the proposed 24-student capacity school use would generate.
The existing house is serviced by private water and sewage system. The school is required to acquire a Drinking Water System Number from the Province, which it has done. An evaluation of the sewage system was done and some changes were required to ensure that the sewage system could handle the extra daily sewage flows generated by the new institutional use. A permit was subsequently submitted to the Ottawa Septic System Office (OSSO) and approved subject to requisite modifications being made to the sewage system to accommodate the additional daily sewage flows that the new institutional use is expected to generate.
The Official Plan identifies the watercourse that crosses the northern portion of the property as having unstable slopes. This environmental constraint recognizes areas that could be unsafe or unsuitable for development or site alteration due to natural hazards or risk of damage to structures. The applicant provided a Slope Stability Assessment in order to determine whether there are any slope stability issues and whether the existing residence is suitable to accommodate the proposed added use. The assessment has been reviewed by staff and accepted. As such, the proposed addition of the private school does not present an increased risk.
Conclusion
Staff recommends approval of the Zoning By-law
amendment, as outlined in Document 3. The amendment is consistent with the policies
of the Official Plan. The size and location of the subject site are appropriate
to accommodate the proposed school use, and the recommended zoning contains specific provisions that will ensure the
new school use will remain at a scale compatible with the adjacent uses.
ENVIRONMENTAL IMPLICATIONS
The boundary between the Conservation (CON) and the Residential 1
(R1) zones, under the former municipality of Cumberland Rural Zoning By-law,
will be modified in accordance with
updated mapping. There are no environmental implications to the existing or
proposed uses.
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. Details on the consultation can be found in Document 4.
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 issues relating to the servicing
capability of the site and septic system. These issues needed to be resolved
prior to the presentation of this report and recommendation to ensure that the
septic system could handle the extra daily sewage flows generated by the new
institutional use.
SUPPORTING DOCUMENTATION
Document 1 Location
Map- By-law 2008-250
Document 2 Location
Map – By-law 64-82
Document 3 Details of Recommended Zoning
Document 4 Consultation Details
DISPOSITION
City Clerk’s Branch, Council and Committee Services to notify the owner/applicant, Marie-Helene Baillot and Roch Baillot (Collège Sphere College), 1095 Quigley Hill Road Cumberland, ON K4C 1H2; OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5; and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Infrastructure Services and Community Sustainability 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-BY-LAW
2008-250 DOCUMENT
1
LOCATION MAP-BY-LAW
64-82 DOCUMENT
2
DETAILS OF RECOMMENDED ZONING DOCUMENT 3
Proposed
Changes to Zoning By-law 2008-250
1. The subject lands, known as 1095 Quigley Hill Road and as shown on Document 1, shall be rezoned from V1E to V1E [XXXr].
2. Section 240 Rural Exceptions will be amended by adding a new Exception [XXXr] including the following use and provisions:
Additional
Land Uses Permitted:
- school
Provisions:
-
The school use is restricted to the principal building
as it exists on the date of passing of the enabling by-law.
-
The Maximum number of students permitted shall be 24.
Proposed Changes to the Former City of Cumberland Zoning By-law 64-82
1. The subject lands, known as 1095 Quigley Hill Road shall
be rezoned from R1 to R1-Xx and from CON to R1-Xx as shown on Document 2.
2. An exception zone will be added including the
following requirements:
Notwithstanding the provisions of
the Residential Zone 1 - R1, the following additional use and provisions shall
apply to lands zoned R1-Xx:
-
School,
private is an additional permitted use.
-
The school, private use is restricted to the main
building as it exists on the date of passing of the enabling by-law.
-
Despite
clause 4.21(c), parking
of one school bus is permitted, but must not be parked in a required
front or corner side yard.
-
The Maximum number of students shall be 24.
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. One public meeting was also held in the community, on September 22, 2008.
SUMMARY OF PUBLIC COMMENTS
Three members of the
public provided comments through the circulation process of the application and
four members of the public attended the public meeting held in the community.
The following is a summary of comments from both the circulation and public
meeting and the staff response:
1. Concern was expressed that having a high
school in a residential zone will create traffic, noise and security issues and
impact the natural setting and watercourses on the site.
Staff response: The proposed school is
relatively small in scale and will be limited to a maximum of 24 students. The subject site can accommodate the proposed
use from both an access and traffic point of view. The potential traffic
generated by the additional school use has been evaluated and it was determined
that the impact would be negligible. Montreal Road and Quigley Hill Road could
accommodate additional traffic generated by the school use. The site is four
hectares in area and is well buffered from adjacent properties by existing
trees, the nearest property line being approximately 72 metres from the main
building. No significant noise issues are anticipated. The applicant has no
plans to interfere with the natural setting of the site, and the watercourses
are subject to ‘Development, Interference with Wetlands and Alterations to
Shorelines and Watercourses Regulation 174/06’ administered by the Rideau
Valley Conservation Authority. No alterations to the watercourse or its banks
are to be undertaken prior to applying for and receiving a permit from the
Conservation Authority.
2. Concern
was expressed that the current septic system could not support the proposed
additional school use.
Staff
response: The applicant was required to provide a copy of the Sewage Septic
System Permit issued by the OSSO for the change of use (addition of private
school to residence) as part of staff’s consideration of this Zoning Bylaw
amendment. The permit ensures that the septic system can handle the extra daily
sewage flows generated by the additional private school use.
3. Concern
was expressed that the existing area is residential and is not intended for
commercial or business purposes. The addition of commercial uses and schools
threaten the integrity of the rural area and its village character.
Staff
response: This property is within the Village of Cumberland boundary and is
designated under the Official Plan as Village Residential and Natural
Environment Area (A). The Village Residential designation permits complimentary
uses such as schools as long as they are compatible with neighbouring residential uses.
The proposed school will be located in an existing single detached dwelling,
which will continue to function as the primary residence for the owner. To
ensure that the school remains small in scale, maintains it’s village
character, and is compatible with adjacent uses, it will be limited in size to
a maximum of 24 students and
will be restricted to the principal building. The property is four hectares in area and is
much larger than most of the adjacent residential properties, which are only
0.4 hectares. The property is densely treed along all property edges and the
residence is well screened from the roads. There will be little visual evidence
of the proposed additional use.