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1. ZONING - 7725 FLEWELLYN ROAD AND 2021 MUNSTER ROAD ZONAGE - 7725, CHEMIN FLEWELLYN ET 2021, CHEMIN MUNSTER |
Committee RecommendationS
(This application is subject to Bill 51)
That Council approve an amendment to Zoning
By-law 2008-250 to:
1. Change the zoning of 2021 Munster Road from RU - Rural
Countryside Zone to RU[131r] - Rural Countryside [rural exception 337] Zone as
detailed in Document 1 and shown in Document 2; and
2. Amend the RU[131r] - Rural Countryside [rural exception 131]
Zone as it relates to 7725 Flewellyn Road as detailed in Document 1 and shown
in Document 2.
RecommandationS du Comité
(Cette
demande est assujettie au Règlement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250
en vue de :
1.
modifier
le zonage du 2021, chemin Munster de RU – Zone d’espace rural à RU[337r] – Zone
d’espace rural [dotée de l’exception rurale 337], comme l’explique en détail le
document 1 et l’illustre le document 2; et
2.
modifier
le zonage RU[131 r] – Zone d’espace rural [dotée de l’exception rurale 131] tel
qu’il s’applique au 7725, chemin Flewellyn, comme l’explique en détail le
document 1 et l’illustre le document 2.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability dated
8 September 2009 (ACS2009-ICS-PGM-0140).
2. Extract of Draft Minutes, 22 October 2009.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des affaires rurales
and Council / et au Conseil
08 September 2009 / le 08 septembre 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 :
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
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SUBJECT: |
ZONING - 7725 Flewellyn Road and 2021
Munster Road (D02-02-09-0021) |
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OBJET : |
REPORT RECOMMENDATIONS
That the Agriculture and Rural
Affairs Committee recommend Council approve an amendment to Zoning By-law
2008-250 to:
1.
Change the zoning of 2021 Munster Road from RU - Rural
Countryside Zone to RU[337r] - Rural Countryside [rural exception 337] Zone as
detailed in Document 1 and shown in Document 2; and
2.
Amend the RU[131r] - Rural Countryside [rural
exception 131] Zone as it relates to 7725 Flewellyn Road as detailed in
Document 1 and shown in Document 2.
RECOMMANDATIONS DU
RAPPORT
Que le Comité de l’agriculture et des affaires
rurales recommande au Conseil d’approuver une modification au Règlement de
zonage 2008-250 en vue de :
1. modifier
le zonage du 2021, chemin Munster de RU – Zone d’espace rural à RU[337r] – Zone
d’espace rural [dotée de l’exception rurale 337], comme l’explique en détail le
document 1 et l’illustre le document 2; et
2. modifier
le zonage RU[131 r] – Zone d’espace rural [dotée de l’exception rurale 131] tel
qu’il s’applique au 7725, chemin Flewellyn, comme l’explique en détail le
document 1 et l’illustre le document 2.
BACKGROUND
The zoning application affects
two parcels of land known as 2021 Munster Road (Areas A and B on Document 2)
and 7725 Flewellyn Road (Areas C, D and E on Document 2). The parcels are
located in the northeast quadrant of the intersection of Munster Road and
Flewellyn Road. Lands to the north have
been developed as an estate lot development. Lands to the south of Flewellyn
Road comprise an existing quarry operation.
Lands to the east and west are rural in nature.
DISCUSSION
Purpose of Zoning Amendment
The zoning application fulfills a
condition of consent. The affected land was the subject of an application for
lot line adjustment granted by the Committee of Adjustment (D08-01-09/B-00099).
The consent application adjusted the lot lines between 2021 Munster Road and
7725 Flewellyn Road. The application resulted in a five-hectare parcel
comprising Areas A and B and known as 2021 Munster Road and a 1.3-hectare
parcel comprising of Areas C, D and E known as 7725 Flewellyn Road.
Existing Zoning
Areas A, B, C and D on Document 2
- Rural Countryside (RU).
Area
E on Document 2 – Rural Countryside [rural exception 131] (RU[131r]). The zone
limits commercial uses to a storage yard for a contractor along with all other
uses permitted under the RU Zone.
2021 Munster Road:
It is proposed to rezone 2021 Munster Road (Areas A and B) from RU - Rural Countryside to RU[337r] - Rural Countryside [rural exception 337]. Following the lot line adjustments this parcel will be vacant. The proposal is to construct a new dwelling on this property just south of the existing subdivision located north of the subject lands. The parcel is within the 500-metre influence area of an existing quarry located on the south side of Flewellyn Road and zoned ME - Mineral Extraction. The Zoning By-law requires a minimum setback of 210 metres from an ME zone when locating new dwellings. In order to locate the new dwelling along the Munster Road frontage, the applicant requests a reduction in the setback from the ME zone from 500 metres to 150 metres. The reduction in setback from the quarry is rationalized on the basis that the new dwelling will replace the existing dwelling, moving the residential use further away from the quarry operation.
7725 Flewellyn Road (Area C,
D and E):
Area E on Document 2 is currently zoned Rural Countryside [rural exception 131] Zone. The applicant currently operates two businesses from Area E. It is proposed to expand the existing area zoned Rural Countryside [rural exception 131] Zone to include Areas C and D. The reconfigured lot encompasses the existing buildings related to the businesses (Area E) and the existing dwelling (Area D) which is proposed to be converted to accessory office use. Through the lot line adjustment, vacant lands are also being added (Area C) on which a new building for additional storage associated with the business is proposed to be constructed.
The proposed zoning will permit an office; a warehouse; and a storage yard, all limited to a contractor’s business. Further, the proposed zoning will establish a seven-metre minimum rear yard. By definition the rear lot line is the lot line opposite to the front lot line. The front lot line is the shortest lot line abutting the street. This makes the Munster Road lot line a front lot line and the rear yard the most easterly lot line. This rear yard recognizes the location of the existing structures to the rear lot line.
Also, maximum lot coverage of 10 per cent of the lot area will be set for outdoor storage and outdoor storage will be prohibited within the required front yard. These provisions are carried forward from the existing Rural Countryside [rural exception 131] Zone.
Lastly, the proposed rezoning will require that outdoor storage must be screened from view from abutting residential uses and public streets by an opaque screen at least two metres in height from finished grade. The existing Rural Countryside exception 131 Zone requires a screen at least 1.8 metres in height from finished grade. This change would represent a 0.2-metre increase in screening height for outdoor storage.
In order to address the community concerns related to
screening of any of the new structures from residential uses to the north, the
by-law introduces a provision to require a three-metre high landscaped screen.
Conformity to General Rural Policies
The
subject sites are designated as “General Rural Area”, within the Official Plan.
7725
Flewellyn Road
Prior
to the lot line adjustments, an RU[131r] Rural Countryside [exception 131] Zone
applied to Area E on which the current contractor’s business operates.
The
rezoning associated with Areas C, D and E will extend the area to which the
commercial zone applies and will limit the uses to an office; a warehouse; and
a storage yard, accessory to a contractor’s business.
When considering an application to amend the Zoning
By-law to permit a new use, the Official Plan notes the following matters are
to be considered:
a. The use would not be better located in a Village or the urban area;
The
General Rural Area is intended to provide a location for those non-agricultural
uses that, due to their land requirements or the nature of their operation,
would not be more appropriately located within urban or Village locations. The rezoning proposed expands an existing
business requiring large areas for indoor and outdoor storage considered
appropriate in the rural area.
b. If the use is to be located on a local road, it must be demonstrated that the volume and pattern of traffic flow anticipated from the development will not interfere with the proper functioning of the local road network;
7725
Flewellyn Road is located across from an active quarry operation which
generates on average 100 trucks per day exiting onto the south side of
Flewellyn Road just east of the subject site, and approximately 50 trucks per
day returning via Flewellyn Road, with the other 50 trucks returning through
the Fallowfield Road entrance to the quarry.
The
increased lot area, proposal to construct an accessory warehouse and proposal
to retrofit the existing dwelling for office use accessory to the existing
business, will result in two to three new employees on the site, anticipating a
maximum one per cent traffic increase in visits to the site.
A
one per cent maximum increase in traffic is not expected to impact the proper
functioning of Flewellyn Road.
c. The privacy of adjacent landowners or the amelioration of potential adverse impacts from lighting, noise, odour, dust or traffic can be achieved by separating the land uses, buffering or other measures as part of the development;
d. The potential for reducing possible impacts on neighbouring agricultural uses or nearby rural residential or Village communities, where relevant;
e. The development is in keeping with the surrounding rural character and landscape;
f. All those requirements of Section 2 and 4 related to transportation, servicing, design and compatibility and environmental protection;
An
active quarry operation exists on the south side of Flewellyn Road. The quarry
has buffers already established to the existing abutting uses. No complaints
from abutting uses, related to the quarry operation have been filed with
Ministry of Natural Resources attesting to the effectiveness of the buffers
established by the quarry operation.
An
existing country estate rural residential development on large treed lots is
located approximately 115 metres north of the reconfigured 7725 Flewellyn Road.
The
applicant in pre-consultation with the community has agreed to limit the height
of the proposed accessory warehouse building to one storey; and to alter the
original proposed location for the accessory warehouse structure on 7725
Flewellyn Road to accommodate concerns from abutting landowners. The applicant
has also discussed building design, exterior building colour and materials with
the community.
A
site inspection on September 8th noted that the site is very open
and visible. There are currently no trees on the subject parcel between the
existing buildings and the proposed interior side lot line.
The
proposed zone provisions will require outdoor storage areas to be screened from
the street and from residential uses by a two metre high screen. The applicant has no concerns related to the
buffering required related to the outdoor storage.
In
response to comments received by the City, the draft zone details (Document 1)
and the conceptual site plan (Document 4) have been forwarded to the local
Community Association and to three households who registered requests with the
City.
Also
in response to comments received from the public, staff requested the applicant
to provide details related to a landscape buffer along the interior side lot
line (north property line). The
applicant prefers to defer discussions related to a landscape buffer to the
site plan approval stage. Staff propose
establishing a requirement for the landscaped buffer through the Zoning By-law
so as to ensure that this matter is addressed at the site plan approval
stage. Planning staff recommends a
three-metre height as it represents a balance of the community and applicants
concerns. In time, the trees will grow
to achieve and exceed the 3.5-metre height.
The reduction in installed height and ability to provide a mix of trees
will provide the developer with options in achieving the height.
The
public suggested that 3.5 metres was the minimum height of buffering required
to mitigate visual impacts of the proposed building on the abutting residential
uses. The public suggests that coniferous tree plantings be provided.
Staff
explored the prospect of providing a 3.5-metre landscaped buffer through a
combination of berms, fences and/or coniferous tree plantings. The applicant
has indicated that construction of a berm is not feasible from a drainage
perspective on this site. Without
specific grading information being made available to staff, it cannot confirm
whether construction of a berm is achievable on this site, while maintaining
proper grading and drainage of the site.
The
applicant has indicated that the establishment of a treed buffer would be the
preferred method of providing the landscape buffer but that to provide
coniferous trees at an installed height of 3.5 metres would be a financial
hardship. The applicant feels that if a
landscape buffer is required that an installed height of two metres would be
preferred. Staff acknowledges that it is quite costly for coniferous trees in
excess of two metres in height to be transplanted.
As
a compromise staff has drafted the by-law requiring a three metre high
landscaped buffer to be established along the north property line to screen any
new buildings from abutting residential uses. Such height may be established
through the use of berms, fencing or a mix of deciduous and coniferous
trees/plantings.
The
warehouse structure being proposed by the developer is approximately 1394
square metres. The final details for
landscaping and design of the building and development of the site for a
building of this size will be subject of an application for site plan control
requiring notification to area landowners.
Staff
are of the opinion that mitigation of any impacts can be achieved and that the
site can be developed in keeping with the rural character of the area through
the establishment of appropriate buffering through the site plan approval
process, provided the requirements for same are established through the
inclusion of zone provisions as set out in Document 1.
g. Noxious uses will only be considered where suitable screening and buffering can be provided and generally these uses will not be considered in location within groundwater recharge areas or immediately adjacent to residential areas, Scenic-Entry Routes, or waterfront areas;
The
uses are not considered to be noxious uses.
h. The impact that the development will have on the protection of tree cover and local wildlife movement, as a result of proposed site clearing and grading, fencing, security lighting, and other similar site plan matters.
The
development does not impact on the issues noted in policy (h). The site has
very minimal tree cover at this time. Area C on Document 2 is currently a farm
field. No fencing is proposed on the conceptual site plan.
Areas
A and B are an intervening property between the existing residential country
estate lot subdivision and the commercial lot at 7725 Flewellyn Road. The applicant intends to construct a new
dwelling on 2021 Munster Road. This
parcel and the proposed development thereon will assist in an indirect way to
provide a buffer of the commercial use from the abutting residential uses to the
north as well.
Conformity to Mineral Resource Policies
7725
Flewellyn Road and 2021 Munster Road are adjacent a Limestone Resource Area
designation located in Lot 11, Concession 8, on the south side of Flewellyn
Road. An existing quarry operates from
this 200-acre site.
The
Official Plan provides that the City protect the continued operation and
expansion of existing licensed extraction sites, by preventing any new
development in their vicinity that would preclude or hinder aggregate
extraction.
The
Official Plan policies provide that where there is an existing licensed pit or
quarry, development may be approved within the area of potential impact, where
an impact assessment study is completed demonstrating that the mineral
aggregate operation will not be affected by the development. The Ministry of
Natural Resources was circulated the impact assessment study for review.
An
impact assessment was prepared by Paquette Planning Associates Ltd. March 2009
(revised May 22, 2009) and submitted in support of the Zoning By-law amendment
application. The impact assessment
study was circulated to Ministry of Natural Resources for comment on June 5,
2009. No comments from the Ministry of Natural Resources were received as of
the authoring of this report.
The
impact assessment concludes that the net effect of the proposed rezoning will
be to cease the existing residential use currently sited across the street from
the quarry and re-establish the residential use further north along the Munster
Road frontage. No new residential use is being established. Such a change effectively places the more
sensitive residential use further away from the quarry improving on the current
situation. The existing dwelling will
be utilized as a contractor’s office. The impact assessment indicates that the
construction office and storage facility will serve as a good transitional land
use between the quarry and the existing residences and new dwelling to the
north. The existing and proposed business comprising a construction office and
storage facility is viewed as a compatible use with the quarry use south of
Flewellyn Road.
The
Official Plan policies provide that where the municipality approves of
development within 500 metres of a quarry that the City may impose conditions
to ensure the development provides adequate buffering and/or separation between
the new use and the mineral aggregate area/operation.
The
Zoning By-law amendment proposed for 2021 Munster Road requires a 150-metre
setback from any new dwelling to the Mineral Extraction (ME) zone establishes a
greater setback than the existing dwelling provided.
The
quarry operator has provided written support for the rezoning.
In
summary, the rezoning proposal in accordance with the recommendations contained
within the report conforms to the policies of the Official Plan.
The site is serviced by private wells and septic systems.
The Ottawa Septic Office raised concerns as to the exact location of all septic systems and wells in relation to the new lot lines through the consent process. The Committee of Adjustment imposed a condition requiring that the owner satisfy the Rideau Valley Conservation Authority requirements with respect to the existing well and sewage system being located wholly within the boundaries of the lot.
Comments from the Conservation Authority in response to the rezoning circulation are that the rezoning application is premature until such time as the applicant provides information to the satisfaction of the Conservation Authority to clear the condition related to the lot line adjustments.
The applicant believes that the servicing is located in accordance with the setbacks required and will undertake to relocate if required, in whole or in part, any systems found not to meet the required setbacks within the lot lines as adjusted.
The owner will continue to be required to clear the condition to the satisfaction of Rideau Valley Conservation prior to finalizing the consent.
Staff has concurred to proceed with the application on that basis.
The land is subject to severance application D08-01-09/B-00099.
7725 Flewellyn Road will be
subject to site plan approval prior to the conversion of the dwelling to
accessory office use and construction of the new storage building.
ENVIRONMENTAL IMPLICATIONS
The property is approximately 187 metres east of the Flewellyn Special Policy Area. Accordingly there are no significant natural features identified for the subject land.
RURAL IMPLICATIONS
The rezoning supports the rural economy through support for an existing rural business and establishes zone provisions to mitigate impacts on existing rural residential 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 of the public submissions are provided in Document 3.
LEGAL/RISK MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this report.
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 due to the complexity of the issues associated with addressing issues related to compatible development of the site.
SUPPORTING DOCUMENTATION
Document 1 Details of Recommended Zoning
Document 2 Location
Map
Document 3 Consultation Details
Document 4 Conceptual Site Plan
DISPOSITION
City Clerk and Solicitors 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.
DETAILS
OF RECOMMENDED ZONING DOCUMENT
1
Proposed
Changes to the Comprehensive Zoning By-law
1.
The Zoning Map of By-law No. 2008-250, entitled the “City of Ottawa Zoning By‑law” is
amended by rezoning the lands shown on Attachment 1 to this by-law as follows:
(a)
Area A is
rezoned from RU to RU[337r];
(b)
Area B is
rezoned from RU to RU[337r];
(c)
Area C is
rezoned from RU to RU[131r]; and,
(d)
Area D is
rezoned from RU to RU[131r].
2. Section 240 – Rural Exceptions of By-law No. 2008-250 is amended by adding the following exceptions:
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I Exception Number |
II Applicable Zone |
Exception Provisions |
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III Additional Land Uses Permitted |
IV Land Uses Prohibited |
V Provisions |
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337r |
RU[337r] |
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- notwithstanding Section 67, no new building consisting of a dwelling may be constructed closer than 150 metres to land zoned ME |
3. Exception [131r] of Section 240 – Rural Exceptions of By-law No. 2008‑250 is amended as follows:
(a) delete the use listed in Column III;
(b) insert in Column IV the following:
- all uses except:
office, limited to a contractor’s business
warehouse, limited to a contractor’s business
storage yard, limited to a contractor’s business
(c) delete the existing provisions from Column V and replace them with the following:
- minimum rear yard setback: 7 m
- maximum lot coverage of all outdoor storage: 10%
- outdoor storage is prohibited within the required front yard
- outdoor storage must be screened from view from abutting residential uses and public streets by an opaque screen at least 2 m in height from finished grade.
- all new buildings must be screened from view from abutting residential uses by an opaque screen along the interior side yard (north property line) at least 3 metres in height from finished grade. Such screening shall be achieved through berming, fencing or a mix of deciduous and coniferous tree plantings or any combination of the above.
LOCATION MAP DOCUMENT 2
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 applicant held public meetings in the community. The first meeting was held on May 13, 2009 and a second meeting was held on June 22, 2009.
PUBLIC COMMENTS
Two letters of support from the public were received.
Three letters of concern from the public were received.
SUMMARY OF PUBLIC INPUT
Letters of support cited the following points related to the current operation:
- site neat and clean
- overall excellent appearance
- no noise, traffic, garbage, construction material debris
The following concerns were raised in the letters:
- request copy of draft zoning by-law
- request copy of site plan
- request a landscaped buffer along the north property boundary of 3.5 metres in height to screen buildings from abutting residential uses
- request a moratorium of 25 years related to future rezoning requests
STAFF RESPONSE TO ISSUES RAISED
- copy of draft zoning by-law sent
- copy of conceptual site plan sent
- provisions for 3 metre high landscape buffer along north property line to screen buildings from abutting residential uses incorporated in Details of Zoning – Document 1
- With respect to the request that zoning be “fixed for a period of at least twenty-five (25) years”, staff are not recommending a time fixed amendment. Landowners have a right to apply for rezoning at any time. The Planning Act ensures that public input is sought when requests for rezoning are received. Applications for rezoning are assessed on the basis of policies in place when the applications are filed. No change in zoning will take place without the legislated public notification being undertaken.
COMMUNITY ORGANIZATION COMMENTS
One letter was received from the North West Goulbourn Community Association Inc. raising the same issues as summarized above.
CONCEPTUAL
SITE PLAN DOCUMENT 4
