1.             OFFICIAL PLAN AND ZONING - 2775 MOODIE DRIVE

 

PLAN OFFICIEL ET ZONAGE- 2775, PROMENADE MOODIE

 

 

Committee Recommendations As amended

 

That Council:

 

1.         Approve and adopt an amendment to the Official Plan to add a site specific policy to Section 3.7.3 "Agricultural Resources" for 2775 Moodie Drive, as detailed in Document 2.

 

3.         Approve an amendment to the Zoning By-law to change the zoning of 2775 Moodie Drive from AG3 (Agricultural Subzone 3) to AG3 [322r] (Agricultural Subzone 3 - Exception) to add warehouse as an additional permitted use as shown on Document 1 and detailed in Document 3.

 

 

RecommandationS modifiÉeS du Comité

 

Que le Conseil :

 

1.                  Approuve et adopte une modification du Plan officiel qui ajouterait à la section 3.7.3 « Secteur de ressources agricoles » une politique ponctuelle visant le 2775 de la promenade Moodie, tel que le décrit en détail le document 2;

 

3.                  Approuve une modification du Règlement de zonage qui ferait passer le zonage du 2775 de la promenade Moodie de AG3 (Sous-zone agricole 3) à AG3 [322r] (Sous-zone agricole 3 avec exception) afin d'ajouter un entrepôt aux utilisations supplémentaires permises, tel que le montre le document 1 et que le décrit en détail le document 3.

 

 

Documentation

 

1.                  Deputy City Manager's report Infrastructure Services and Community Sustainability dated 11 March 2009 (ACS2009-ICS-PLA-0034).

 

2.         Extract of Draft Minutes, 26 March 2009.


Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

 

and Council / et au Conseil

 

11 March 2009 / le 11 mars 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 : Grant Lindsay, Manager/Gestionnaire, Development Approvals/Approbation des demandes d'aménagement,

Planning Branch/Direction de l'urbanisme

(613) 580-2424, 13242  Grant.Lindsay@ottawa.ca

 

Rideau-Goulbourn (21)

Ref N°: ACS2009-ICS-PLA-0034

 

 

SUBJECT:

OFFICIAL PLAN AND ZONING - 2775 MOODIE DRIVE (FILE NO. D01-01-08-0011, D02-02-08-0097)

 

OBJET :

PLAN OFFICIEL ET ZONAGE- 2775, PROMENADE MOODIE

 

 

REPORT RECOMMENDATIONS

 

That the Agriculture and Rural Affairs Committee recommend Council:

 

1.         Approve and adopt an amendment to the Official Plan to add a site specific policy to Section 3.7.3 "Agricultural Resources" for 2775 Moodie Drive, as detailed in Document 2.

 

2.         Refuse an amendment to the Official Plan to permit a public water service connection for 2775 Moodie Drive. 

 

3.         Approve an amendment to the Zoning By-law to change the zoning of 2775 Moodie Drive from AG3 (Agricultural Subzone 3) to AG3 [322r] (Agricultural Subzone 3 - Exception) to add warehouse as an additional permitted use as shown on Document 1 and detailed in Document 3.

 

RECOMMANDATIONS DU RAPPORT

 

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

 

1.                  d'approuver et d'adopter une modification du Plan officiel qui ajouterait à la section 3.7.3 « Secteur de ressources agricoles » une politique ponctuelle visant le 2775 de la promenade Moodie, tel que le décrit en détail le document 2;

 

2.                  de rejeter une modification du Plan officiel qui permettrait le branchement du 2775 de la promenade Moodie au service d'eau public;

 

3.                  d'approuver une modification du Règlement de zonage qui ferait passer le zonage du 2775 de la promenade Moodie de AG3 (Sous-zone agricole 3) à AG3 [322r] (Sous-zone agricole 3 avec exception) afin d'ajouter un entrepôt aux utilisations supplémentaires permises, tel que le montre le document 1 et que le décrit en détail le document 3.

 

 

BACKGROUND

 

Site Description

 

The subject site is 5.53 hectares in area and is currently undeveloped.  It is located on the east side of Moodie Drive, south of Fallowfield Road, and west of Highway 416.  Agricultural uses and vacant lands are located to the south and west; a gas station and two places of worship are located  to the north; and the residential community of Barrhaven and Highway 416 are located to the east of the subject site.  The existing place of worship to the northeast has an access right-of-way over the subject site.  The site is currently designated as “Agricultural Resource Area” on Schedule A of the Official Plan and zoned as AG3 (Agricultural Subzone 3) in Zoning By‑law 2008-250.

 

The Applications and Proposal

 

The Official Plan and Zoning By-law amendment applications propose to redesignate and rezone the site to permit the development of a self-storage facility.  The proposed self-storage facility is proposed to be developed in three phases and will eventually contain 12 single-storey self-storage buildings, totalling approximately 7,500 square metres.

 

Specifically, the Official Plan amendment application proposes that a special site-specific policy be added to the Agricultural Resource Area policies in Section 3.7.3 of the Official Plan to allow the self-storage use as an additional use.  The application also requests an amendment to the Official Plan to permit a connection to City water services, primarily for fire protection.

 

The Zoning By-law amendment application requests to amend Zoning By-law 2008-250 to rezone the site from AG3 (Agricultural Subzone 3) to AG2 [322r] (Agricultural Subzone 2-Exception) to permit the proposed self-storage use.

 

DISCUSSION

 

Policy Context

 

The site is currently designated as “Agricultural Resource Area” on Schedule A of the Official Plan.  This designation intends to protect major areas of agricultural lands for farming and farm-related uses, and to prevent loss of these lands to other uses.  The designation permits only those uses directly related to the agricultural sector, such as farming of all kinds, forestry, and some agriculture-related uses, such as a seasonal produce stand or a feed storage facility.

 

The Planning Act indicates that planning authorities must have regard to matters of Provincial interest—such as the protection of agricultural resources—and all planning decisions must be consistent with the Provincial Policy Statement (PPS).  The PPS includes policy direction for Prime Agricultural Areas, which are made up of those lands designated as Agricultural Resource Area in the Official Plan.  The PPS policies permit only agricultural uses and agriculture-related uses within any Prime Agriculture Areas.  The proposed self-storage use is not considered to be an agricultural or agriculture-related use.

 

The PPS does not allow lands to be removed from Prime Agricultural Areas, except when the City expands its urban area through five-year review of the Official Plan, for mineral extraction purposes, or for limited non-residential uses subject to certain criteria.  With regard to the latter, the applicable criteria for removal of lands from Prime Agricultural Areas are as follows:

 

(a)          the land does not comprise a specialty crop area;

(b)         there is a demonstrated need within the planning horizon for additional land to be designated to accommodate the proposed use;

(c)          there are no reasonable alternative locations which avoid Prime Agricultural Areas; and

(d)         there are no reasonable alternative locations in Prime Agricultural Areas with lower priority agricultural lands.

 

Any development proposal must meet all four of the above criteria in order for removal from the Prime Agricultural Area to be considered. 

 

The lands are not part of a specialty crop area, such as the tender fruit lands in the Niagara region, and thus criterion (a) has been met. 

 

To satisfy criteria (b) and (c), a market analysis and planning rationale were provided with the application.  The market analysis indicated that there is potential demand within the area for self-storage facilities, based on population, demographics, income, and existing vacancy among other self-storage facilities, while the planning rationale evaluated several potential sites for a self-storage facility within the wider area.  This study indicated that all other potential vacant employment or industrial sites within the wider area are not suitable for the proposed self-storage use for a variety of reasons, including zoning restrictions, restrictive covenants on title, parcel size, and parcel availability.  For instance, several of the sites, although within the employment area designation, are within “prestige business parks”, which are intended for more office-oriented employment and not warehouse/storage uses. 

There is no land elsewhere within the general area that is being proposed to be added for self-storage uses, and thus there is a need for additional land to be designated to accommodate this type of use. 

 

There are no practical opportunities for available lands already designated or zoned for employment/industrial uses, therefore this site is considered to be appropriate.  The above satisfies criteria (b) and (c).

 

An agricultural capability assessment provided with the application indicated the subject lands are Class 7 soils using the Canada Land Inventory system to rate agricultural land capability.  Class 7 soils have the lowest agricultural land capability.  In other words, these lands are already the lowest priority agricultural lands, and thus there is no ability to locate the proposed use on lower priority agricultural lands, thereby satisfying criterion (d).

 

Special Policy Area

 

The application proposes that a site-specific special policy be added to the Agricultural Resource Area to permit a self-storage facility.  This approach will allow the lands to not be removed entirely from the Agricultural Resource Area, such as what would occur if the lands were re-designated to General Rural.  The rationale for keeping the lands within the Agricultural Resource Area designation is described following.

 

Self-storage uses are unique in that their impacts on adjacent uses are minor, and likewise are minimally impacted by existing or potential adjacent uses.  In other words, a self-storage use can be compatible with both agricultural uses or other general rural/non-agricultural uses.  Allowing a self-storage, but not permitting other non-agricultural uses that would be permitted in the General Rural designation, will eliminate the potential for compatibility issues between the subject site and adjacent agricultural lands in the future.  Furthermore, the self-storage will provide a transition from the primarily non-agricultural uses to the north and east and the agricultural lands to the south and west. 

 

It is recognized that the proposed use is not agricultural, and will, in effect, be removing the lands from being used for potential agricultural production.  However, the Agricultural Resource Area designation also permits agricultural-related uses that are essential for the agricultural economy, such as grain drying facilities, livestock assembly centres, storage for produce, and custom machinery shops.  Therefore, lands should still be protected for these other agricultural-related uses, which will maintain the general intent of the Agricultural Resource Area designation.

 

The PPS criteria for removing lands from Prime Agricultural Area/Agricultural Resource Area are use-dependent, and have been evaluated on the basis of a self-storage use only.  That is, the market analysis and planning rationale that provide evidence to satisfy the PPS criteria only considered the self-storage use.  Any other additional uses would have to be evaluated in light of the PPS criteria on their own merits.  Retaining the lands within the Agricultural Resource Area designation with a special policy to permit a self-storage will ensure that any other uses will still be required to meet the PPS criteria before they would be permitted.

 

The proposed special policy will ensure that other Agricultural Resource Areas do not experience development pressure, because: the proposed use has unique characteristics, the lands will still allow for agricultural uses, and the PPS criteria for removing lands has been evaluated on the basis of the self-storage use only. 

In other words, because of the special circumstances that are exhibited by the proposed use at this site, it will not act as a precedent for other lands designated Agricultural Resource Area.

 

Zoning By-law Amendment

 

Staff recommend that the Zoning By-law be amended to add an exception to the AG3 (Agricultural Subzone 3) zone to permit a self-storage facility.  The recommended Zoning By‑law amendment is consistent with the PPS and in conformity with the proposed Official Plan amendment.

 

Connection to City Water Services

 

The Official Plan indicates that areas adjacent to public water and wastewater services but outside of the defined Public Service Areas are not permitted to connect to public services, and that all development outside of Public Service Areas will be on the basis of private services.  In addition, the Official Plan indicates the City will discourage future growth on the basis of partial services, particularly where City water is provided to resolve a groundwater contamination issue.  The site is outside of, but adjacent to, the Public Service Area, and City services are not present along this portion of Moodie Drive.  The applicant has proposed to service the site with partial services (City water service and private septic system) through an adjacent site.  The applicant is seeking to amend the Official Plan to allow City water services to be extended to the site, primarily for fire-fighting purposes. 

 

The PPS policies related to public infrastructure services directs municipalities to plan public infrastructure such that existing facilities are optimized before they are extended.  Furthermore, the Official Plan restricts extensions of City services to the existing Public Services areas, the intent of which is to provide high value and efficiency for the system as a whole.  The proposal to extend services outside the existing Public Service Area would not represent efficient use of services.  Therefore, it is not consistent with the PPS policies, and does not maintain the general intent of the Official Plan. 

 

The PPS indicates partial services (i.e. municipal water and private on-site septic system) are only permitted when the following two criteria are met:

 

·        where they are necessary to address failed individual on-site sewage services and individual on-site water services in existing development; and

·        within settlement areas, to allow for infilling and rounding out of existing development on partial services provided that: the development is within the reserve sewage system capacity and reserve water system capacity; and site conditions are suitable for the long-term provision of such services.

 

The site is not an existing development, does not have failed private services, and is not within a settlement area.  Therefore, the proposed site development does not meet any of the criteria required in order to allow partial services.  In light of the above PPS policy inconsistencies, staff do not recommend that City water services be extended to service this site. 

 

Summary

 

Staff recommend that the Official Plan and Zoning By-law be amended to create a site specific policy and zone permitting a self-storage facility.  The proposed use is consistent with the policies of the PPS and maintains the general intent of the Official Plan.  Retaining the lands within the Agricultural Resource Area designation and Agricultural zone will promote compatibility and transition between uses, protect the land for potential agriculture-related uses, and ensure that any future proposals in Agricultural Resource Areas will be judged based on the PPS criteria.  Staff are satisfied that the unique circumstances of the site and proposed use will not set a precedent for other Agricultural Resource Area lands.

 

Staff do not recommend an amendment to the Official Plan to permit extension of City water services to the site as it would not be consistent with the PPS policies for extension of services and partial services, and because it would not meet the general intent of the Official Plan to restrict public services to within the defined Public Service area.

 

ENVIRONMENTAL IMPLICATIONS

 

A small watercourse is present on the eastern portion of the site.  Watercourse setback requirements for any site development will be determined by the Zoning By-law through the future Site Plan Control process, in consultation with the Rideau Valley Conservation Authority.

 

RURAL IMPLICATIONS

 

The proposed amendments will permit non-agricultural development in the rural area and will provide for limited economic growth and employment opportunities.

 

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.

 

Detailed responses to the notification/circulation are provided in Document 4.

FINANCIAL IMPLICATIONS

 

N/A

 

LEGAL / RISK MANAGEMENT IMPLICATIONS

 

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


 

APPLICATION PROCESS TIMELINE STATUS

This application was not processed by the "On Time Decision Date" established for the processing of Official Plan amendments due to the need to resolve issues with consistency with the Provincial Policy Statement.

SUPPORTING DOCUMENTATION

 

Document 1      Proposed Zoning Map

Document 2      Proposed Official Plan Amendment

Document 3      Details of Recommended Zoning

Document 4      Consultation Details

 

 

DISPOSITION

 

City Clerk and Legal Services Branch, Legislative Services to notify the owner, Attn: Kevin Mulligan, 1750723 Ontario Ltd, c/o Barrhaven Storage, 1330 Carling Avenue, Ottawa, ON K1Z 7K8, applicant, Lloyd Phillips Associates Ltd, 100 Palomino Drive, Kanata, ON K2M 1N3, 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.

 

Infrastructure Services and Community Sustainability Department to prepare the by-law adopting the Official Plan Amendment, forward to Legal Services, and undertake the statutory notification.

 

Legal Services to forward the implementing by-law to City Council


PROPOSED ZONING MAP                                                                                 DOCUMENT 1


PROPOSED OFFICIAL PLAN AMENDMENT                                                 DOCUMENT 2

 

 

 

 

 

 

Official Plan Amendment    Modifications du Plan directeur

 

To the Official Plan of the City of Ottawa

 

 

 

 

 

 

 

 

 

Land use

Utilisation du sol


 

 

INDEX

 

 

 

THE STATEMENT OF COMPONENTS

 

PART A – THE PREAMBLE does not constitute part of the Amendment.

Purpose

Location

Basis

 

PART B – THE AMENDMENT consisting of the following text constitutes Amendment. No. __ to the City of Ottawa Official Plan (2003).

 

Introduction

Details of the Amendment

Implementation and Interpretation

 


PART A – THE PREAMBLE

 

Purpose

 

The purpose of this amendment is to add a site-specific Official Plan policy for the lands known as 2775 Moodie Drive to permit a self-storage warehouse.

 

Location

 

The lands subject to this amendment are known municipally as 2775 Moodie Drive.  These lands are located on the east side of Moodie Drive, south of Fallowfield Road, and west of Highway 417.

 

Basis

 

Background

 

The Official Plan amendment proposes to re-designate the site to permit the development of a self-storage facility.  The proposed self-storage facility is proposed to be developed in three phases and will eventually contain 12 single-storey self-storage buildings, totalling approximately 7,500 m2.

 

Specifically, the Official Plan amendment proposes that a special site-specific policy be added to the Agricultural Resource Area policies in Section 3.7.3 of the Official Plan to allow the self-storage use as an additional use. 

 

Context of Amendment

 

The site is currently designated as “Agricultural Resource Area” on Schedule A of the Official Plan.  This designation intends to protect major areas of agricultural lands for farming and farm-related uses, and to prevent loss of these lands to other uses.  The designation permits only those uses directly related to the agricultural sector, such as farming of all kinds, forestry, and some agriculture-related uses, such as a seasonal produce stand or a feed storage facility. 

 

The Planning Act indicates that planning authorities must have regard to matters of Provincial interest—such as the protection of agricultural resources—and all planning decisions must be consistent with the Provincial Policy Statement (PPS).  The PPS includes policy direction for Prime Agricultural Areas, which are made up of those lands designated as Agricultural Resource Area in the Official Plan.  The PPS policies permit only agricultural uses and agriculture-related uses within any Prime Agriculture Areas.  The proposed self-storage use is not considered to be an agricultural or agriculture-related use and thus would not be permitted as per the Official Plan and PPS policies for Agricultural Resource Areas and Prime Agricultural Areas. 

 

The PPS does not allow lands to be removed from Prime Agricultural Areas, except when the City expands its urban area through five-year review of the Official Plan, for mineral extraction purposes, or for limited non-residential uses subject to certain criteria.  With regard to the latter, the applicable criteria for removal of lands from Prime Agricultural Areas are as follows:

(a)    the land does not comprise a specialty crop area;

(b)   there is a demonstrated need within the planning horizon for additional land to be designated to accommodate the proposed use;

(c)    there are no reasonable alternative locations which avoid Prime Agricultural Areas; and

(d)   there are no reasonable alternative locations in Prime Agricultural Areas with lower priority agricultural lands.

 

Any development proposal must meet all four of the above criteria in order for removal from the Prime Agricultural Area to be considered. 

 

The lands are not part of a specialty crop area, such as the tender fruit lands in the Niagara region, and thus criterion (a) has been met. 

 

To satisfy criteria (b) and (c), a market analysis and planning rationale were provided with the application.  The market analysis indicated that there is potential demand within the area for self-storage facilities, based on population, demographics, income, and existing vacancy among other self-storage facilities, while the planning rationale evaluated several potential sites for a self-storage facility within the wider area.  This study indicated that all other potential vacant employment or industrial sites within the wider area are not suitable for the proposed self-storage use for a variety of reasons, including zoning restrictions, restrictive covenants on title, parcel size, and parcel availability.  For instance, several of the sites, although within the employment area designation, are within “prestige business parks”, which are intended for more office-oriented employment and not warehouse/storage uses.  There is no land elsewhere within the general area that is being proposed to be added for self-storage uses, and thus there is a need for additional land to be designated to accommodate this type of use.  There are no practical opportunities for available lands already designated or zoned for employment/industrial uses, therefore this site is considered to be appropriate.  The above satisfies criteria (b) and (c).

 

An agricultural capability assessment provided with the application indicated the subject lands are Class 7 soils using the Canada Land Inventory system to rate agricultural land capability.  Class 7 soils have the lowest agricultural land capability.  In other words, these lands are already the lowest priority agricultural lands, and thus there is no ability to locate the proposed use on lower priority agricultural lands, thereby satisfying criterion (d).

 

The application proposes that a site-specific special policy be added to the Agricultural Resource Area to permit a self-storage facility.  This approach will allow the lands to not be removed entirely from the Agricultural Resource Area, such as what would occur if the lands were re-designated to General Rural.  The rationale for keeping the lands within the Agricultural Resource Area designation is described following.

 

Self-storage uses are unique in that their impacts on adjacent uses are minor, and likewise are minimally impacted by existing or potential adjacent uses.  In other words, a self-storage is compatible with both agricultural uses or other general rural/non-agricultural uses.  Allowing a self-storage, but not permitting other non-agricultural uses that would be permitted in the General Rural designation, will eliminate the potential for compatibility issues between the subject site and adjacent agricultural lands in the future. 

Furthermore, the self-storage will provide a transition from the primarily non-agricultural uses to the north and east and the agricultural lands to the south and west. 

 

It is recognized that the proposed use is not agricultural, and will, in effect, be removing the lands from being used for potential agricultural production.  However, the Agricultural Resource Area designation also permits agricultural-related uses that are essential for the agricultural economy, such as grain drying facilities, livestock assembly centres, storage for produce, and custom machinery shops.  Therefore, lands should still be protected for these other agricultural-related uses, which will maintain the general intent of the Agricultural Resource Area designation.

 

The PPS criteria for removing lands from Prime Agricultural Area/Agricultural Resource Area are use-dependent, and have been evaluated on the basis of a self-storage use only.  That is, the market analysis and planning rationale that provide evidence to satisfy the PPS criteria only consider the self-storage use.  Any other additional uses would have to be evaluated in light of the PPS criteria on their own merits.  Retaining the lands within the Agricultural Resource Area designation with a special policy to permit a self-storage will ensure that any other uses will still be required to meet the PPS criteria before they would be permitted.   

 

Staff recommend that the Official Plan be amended to create a site specific policy permitting a self-storage facility.  The proposal is consistent with the policies of the PPS and maintains the general intent of the Official Plan.  Retaining the lands within the Agricultural Resource Area designation will promote compatibility and transition between uses, protect the land for potential agriculture-related uses, and ensure future uses are judged based on the PPS criteria.

 

 


PART B – THE AMENDMENT

 

1.      Introduction

All of this part of this document entitled Part B – The Amendment consisting of the following text and the attached Schedule A constitutes Amendment No. __ to the Official Plan for the City of Ottawa.

 

2.      Details

 

The following changes are hereby made to the Official Plan for the City of Ottawa:

 

Section 3.7.3 “Agricultural Resources” is amended by adding a new site-specific policy at the end of the section as follows:

 

Site Specific Policies

 

19.    Notwithstanding policies above regarding permitted uses in Agricultural Resource Areas, a self-storage warehouse will be permitted on the property known municipally as 2775 Moodie Drive.

 

3.      Implementation and Interpretation

 

Implementation and interpretation of this Amendment shall be in accordance with the policies of the City of Ottawa Official Plan (2003).


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 3

 

Proposed changes to By-law 2008-250

 

  1. The lands known municipally as 2775 Moodie Drive be rezoned from AG3 to AG3 [322r]
  2. Column II of exception 322r be amended by adding the zone code AG3[322r] as an applicable zone

CONSULTATION DETAILS                                                                                DOCUMENT 4

 

PUBLIC COMMENTS

 

Comment:

The planning rationale document has incorrect information about a nearby self-storage facility.  Availability of space is adequate and has been for years as buildings and rental space has been added as demand increased.  The most recent self-storage building constructed was approximately in the year 2000.  With some seasonal fluctuations, and the transient nature of the self-storage industry, the occupancy typically is about 77-85% which means on any given month at least 15% of space is vacant and available for rent.  On the 30-acre site, approximately 10 acres is completely vacant field and another 8 acres used for outdoor storage could be used for future development if required.  If greater demand existed more buildings would be built.  If future demand increases there are approximately 18 acres to expand and add buildings.  

 

Response:

Minor changes to the market analysis, as suggested, would not appear to impact the amount of demand for self-storage facilities.  The market analysis has been evaluated solely for the purpose of satisfying Provincial Policy Statement policy criteria, and in this regard the market analysis was considered to be adequate. The City cannot make decisions on Official Plan and Zoning By-law amendments based on competition or vacancy concerns.

 

Comment:

Additionally, concerning the Official Plan Amendment request for city water service, several landowners along Moodie Drive north of Fallowfield have been requesting city water service for about a decade due to chloride contamination of the groundwater from road salting operations over the decades, and perhaps salt storage at the City of Ottawa (formerly City of Nepean) yard at the corner of Moodie Dr. & Fallowfield.  Councillor Brooks and city staff are very aware of these requests.

 

Response:

Staff do not support the request to amend the Official Plan to permit a connection to City water services, as described in the Discussion section of this report.

 

Comment:

Security concerns with having a self-storage facility directly adjacent to a daycare and church.  Self-storage will attract unknown people storing unknown goods.  The self-storage will cause noise that will disrupt the daycare operations.

 

Response:

The self-storage facility is intended to consist of storage units geared toward domestic use as opposed to commercial storage.  A self-storage facility of this size is expected to generate very low traffic (nine trips in the weekday afternoon peak hour), and thus the amount of people accessing the site will be very low.  Site issues such as fencing, landscaping, and noise attenuation will be addressed through the subsequent Site Plan Control application process.

 

Comment:

Disputes between the owners of the adjacent lands and their builders are ongoing and thus it would be premature for the City to approve the development of the self-storage before the dispute has been resolved.

 

Response:

The City cannot make decisions on Official Plan and Zoning By-law amendment applications based on disputes between two third parties.  If the dispute impacts site development, this will be addressed through the subsequent Site Plan Control application process.

 

Comment:

There is concern that the proposed development will impact the right-of-way across the subject site that provides access to the adjacent place of worship.

 

Response:

The right-of-way and access is not proposed to be changed as part of this proposal.  Site access will be addressed through the subsequent Site Plan Control application.

 

Comment:

There is concern about the existing wetland present on the east portion of the site.  Would like wetland protected and area around wetland planted with vegetation to ensure future protection. 

 

Response:

The wetland on the site is not designated as such by the Ministry of Natural Resources or in the Official Plan.  Any development of the site will have to respect watercourse setbacks as per the Zoning By-law or any setbacks as determined through the subsequent Site Plan Control application process.

 

Comment:

There is concern about site works prior to any approvals being granted, such as trees being cut, and earth being moved. 

 

Response:

At this time, the City has limited ability to control tree removal and general site works on private property.  The Rideau Valley Conservation Authority was notified about any potential alterations to the watercourse and have liaised with the landowner to ensure any works were acceptable.

 

OTHER AGENCY COMMENTS

 

Provincial Ministry Comments:

 

The Ministry of Agriculture, Food, and Rural Affairs has no concerns with the findings of the agricultural capability assessment provided with these applications. 

 

The Ministry of Municipal Affairs and Housing (MMAH) was contacted with regards to these applications.  After discussions between City staff, the applicant, and MMAH, the ministry has no concerns with the proposal or the staff recommendation. 


OFFICIAL PLAN AND ZONING BY-LAW AMENDMENT- 2775 MOODIE DRIVE

PLAN OFFICIEL ET ZONAGE- 2775, PROMENADE MOODIE

ACS2009-ICS-PLA-0034                                                     RIDEAU-GOULBOURN (21)

 

Kalle Hakala, Planner II spoke to a PowerPoint presentation, which served to provide Committee with an overview of the report.  A copy of his presentation is held on file with the City Clerk and Solicitor.

 

Chris Milsek, General Manager of Primo Self Storage spoke of his storage facility, which is less than one kilometre from the proposed development.  He has 18 acres of land and uses approximately 12 acres with 60,000 square feet of self-storage space.  He noted that the demand for storage has slowed down in the last few years as a result of other storage facilities in the neighbourhood.  He questioned the need to go through an Official Plan Amendment and zoning by-laws when there is existing land within one kilometre available.

 

Lloyd Philipps, Planning Consultant and Agent to Barrhaven Storage and Kevin Mulligan, Barrhaven Storage.  John Kenny, Partner of Barrhaven Storage was also in attendance. Mr. Philipps spoke in support of recommendations 1 and 3 of the staff report, although had concerns with recommendation 2 relating to the water service connection.  He noted that in the report, staff explain how the water service connection does not comply with provincial policy statement (PPS).  He explained that the applicant is not extending the water in the scale that the PPS envisions, noting that the water is already there serving the church and the gas station.  He added that it would be more efficient using the existing line rather than constructing a new one.  Based on comments from the previous delegate, he felt that the basis of the argument is competition, not planning.  Mr. Philipps advised that the applicant provided the requested reports and analysis to the City, which was accepted by staff and the provincial government.  He asked Committee to change word “refuse” to “approve” in recommendation 2.

 

Mr. Mulligan defined the building as a typical one level self-storage facility, which are common in rural and outlying areas.  He emphasized that seven competitive storage companies are in the vicinity; however, noted his storage is at a 98 per cent capacity. 

 

In response to a question by Councillor Brooks, Mr. Hakala advised that his understanding of the PSS is that a decision made by the municipality has to conform to the PPS and noted that in terms of this application, it is clear that those services are not permitted.  Mike Wildman, Manager of Infrastructure Approvals added that the Official Plan clearly states in Policy 2.32, it prohibits this type of extension with no exceptions.

 

Councillors Brooks asked the delegate if they could survive without drinking water.  Mr. Philipps explained that the purpose of the request is for fire protection purposes only.  In response to a follow up question from the councillor, Mr. Philipps noted that the fire hydrant is 15 feet from the property line. 

 

Councillor Brooks questioned staff for the reasoning of preventing them from accessing the fire hydrant.  Mr. Wildman clarified an extension of the water main outside the public service area beyond where it is would not be permitted under the PPS, but Ottawa Fire Services would hook up to the fire hydrant if they needed to do so.  Mr. Philipps said the applicant would like to extend the water main at his own expense in order to have his own fire connection available.  In response to another question from the councillor, Mr. Mulligan said that it would not be sufficient to have a written confirmation, as they are required to have adequate fire protection on the property. 

 

Chair Jellett thought this was about installing a sprinkler system within the facility.  Mr. Mulligan explained that the issue was not regarding a sprinkler system; rather, it was the requirement of having a hydrant within a certain distance from each building.

 

Tim Marc, Senior Legal Counsel acknowledged that the issue is the requirement of having water service on the site and that permission be granted to extend the water main.  Subsequently, once the water service is on the property, it is no longer an Official Plan matter, rather a matter of private services, not governed by the Plan.  If the intent of the Committee were to allow the water main to be extended, then the Committee would have to grant this as its decision today.

 

Chair clarified that it would not be sufficient to oppose the staff recommendation.  Rather, a motion put in the positive would be preferable.  Mr. Marc confirmed that would be the correct procedure.  Mr. Wildman cautioned that in order to extend the distance required, which staff estimate is 180 metres on Moodie Drive, and create a dead-end run, there is a high probability of problems with high content of chlorine and stagnation issues.  Furthermore, when other sites such as the church, is connected to the water system, there needs to be assurance that there are no problems with the potable drinking water system.  He added that the proponent’s engineer typically does this work and staff would then review.  Mr. Philipps agreed that the applicant would be prepared to address and supply the necessary information to staff.

 

Councillor Brooks noted his intention to present a motion approving recommendation 2 and that should this not be possible due to technical / engineering reasons, that staff report back to ARAC as soon as possible.  Mr. Wildman agreed with the wording of the proposed motion, provided that the proponent provides the necessary information to staff in order to report back to committee.

 

Discussion ensued on how to consider the staff report, whether Committee should approved two of the three recommendations or defer until staff receives the requested information from the applicant.  Mr. Marc advised that committee could approve recommendations 1 and 3 and defer recommendation 2 at a later date.

 

That the Agriculture and Rural Affairs Committee recommend Council:

 

1.         Approve and adopt an amendment to the Official Plan to add a site specific policy to Section 3.7.3 "Agricultural Resources" for 2775 Moodie Drive, as detailed in Document 2.

 

3.         Approve an amendment to the Zoning By-law to change the zoning of 2775 Moodie Drive from AG3 (Agricultural Subzone 3) to AG3 [322r] (Agricultural Subzone 3 - Exception) to add warehouse as an additional permitted use as shown on Document 1 and detailed in Document 3.

 

                                                                                                            CARRIED

 

That Recommendation 2 be deferred to allow the applicant to do an assessment and re-submit to staff for review.

 

2.         Refuse an amendment to the Official Plan to permit a public water service connection for 2775 Moodie Drive. 

 

                                                                                                            DEFERRAL CARRIED