|
2. ZONING
- 4974 (5026) BANK STREET ZONAGE
- 4974 (5026), RUE BANK |
COMMITTEE RECOMMENDATION
(This
application is subject to the provisions of Bill 51.)
That Council
approve an amendment to the Zoning By-law 2008-250 to change the zoning part of
4974 Bank Street from Rural Countryside Zone (RU) to Rural Countryside Zone Exception 142r (RU[142r])
and Rural Commercial Subzone 2 (RC2), as detailed in Document 2 and as shown on
Document 1.
RECOMMANDATION DU
COMITÉ
(Cette application est
assujettie aux dispositions du Règlement 51.)
Que le Conseil approuve une modification au Règlement de zonage 2008-50 afin
de changer le zonage d’une partie du 4974, rue Bank de Zone d’espace rural (RU)
à Zone d’espace rural doté d’une exception 142r (RU[142r]) et à Sous-zone de commerces ruraux 2 (RC2), comme l’explique
en détail le document 2 et comme le montre le document 1.
Documentation
1. Deputy City Manager’s Report,
Infrastructure Services and Community Sustainability dated 18 June 2010
(ACS2010-ICS-PGM-0109).
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité
d'agriculture et des affaires rurales
and Council / et au Conseil
18 June 2009 / le 18 juin 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
|
SUBJECT: |
|
|
|
|
|
OBJET : |
REPORT RECOMMENDATION
That the Agriculture and Rural
Affairs Committee recommend Council approve an amendment to the Zoning By-law
2008-250 to change the zoning part of 4974 Bank Street from Rural Countryside
Zone (RU) to Rural Countryside Zone
Exception 142r (RU[142r]) and Rural Commercial Subzone 2 (RC2), as detailed in Document
2 and as shown on Document 1.
RECOMMANDATION
DU RAPPORT
Que le Comité de l'agriculture
et des affaires rurales recommande au Conseil d’approuver une modification au
Règlement de zonage 2008-50 afin de changer le zonage d’une partie du 4974, rue
Bank de Zone d’espace rural (RU) à Zone d’espace rural doté d’une exception
142r (RU[142r])
et à Sous-zone de commerces ruraux
2 (RC2), comme l’explique en détail le document 2 et comme le montre le
document 1.
BACKGROUND
The subject sites are addressed 4974 and 5026 Bank Street, and are situated northwest of the Banks Street and Rideau Road intersection. 5026 Bank Street is approximately 6637 square metres in size and has frontage on both Rideau Road and Bank Street. The site previously contained a gas bar and convenience store, most of which have since been removed from the site, except for the canopy and the concrete pump islands where the pumps had been located.
4974 Bank Street is approximately 79 hectares in size and has frontage on Rideau Road, Bank Street, as well as Albion Road. The site is comprised of mainly vacant fields, scrub trees and some agricultural uses. The site also consists of two detached dwellings and various outbuildings, most of which date back to 1900 or earlier. One of the dwellings is known as the Johnston House and is a listed Heritage building. The properties are located along a mixed-use segment of Bank Street, which includes, commercial, industrial, rural residential and mineral resource extraction uses.
The owner of 5026 Bank Street is proposing to redevelop the site to include a new gas bar, a convenience store and a fast food outlet with a drive-through facility. In order to accommodate the proposed development additional land is required. A conditional consent was granted on August 19, 2009 by the Committee of Adjustment to convey 1455 square metres of land from 4974 Bank Street to 5026 Bank Street, increasing the total site area to 8092 square metres.
Purpose of Zoning Amendment
The proposal is to rezone the land to meet a condition of consent imposed by the Committee of Adjustment (application no. D08-01-09/B-00201).
The majority of 4974 Bank Street is zoned RU - Rural Countryside Zone, including the severed portion. A portion of the site along Albion Road is zoned ME2[1r]-h - Mineral Extraction Subzone 2 Exception 1r holding zone and ME2[7r] - Mineral Extraction Subzone 2 Exception 7r. 5026 Bank Street is zoned RC2 - Rural Commercial Subzone 2. The RU zone does not permit two detached dwellings on one lot or the commercial uses proposed to be developed at 5026 Bank Street.
The proposed zoning amendment would extend the boundary of the RC2 - Rural Commercial Subzone 2 to include the severed portion of 4974 Bank Street, changing the zoning from RU to RC2. The zoning amendment will also rezone the remnant portion of 4974 Bank Street which is zoned RU - Rural Countryside Zone to RU[142r ] - Rural Countryside Zone Exception 142r to permit two detached dwellings on one lot, in order to permit a currently non-conforming right.
DISCUSSION
The properties are located within an area designated
as General Rural Area in the Official Plan.
The General Rural Area permits a variety of land
uses, such as farms, rural housing, wood lots and forests, small industries,
golf courses, and in many places, small clusters of residential and commercial
development. The intent of this designation is to accommodate a variety of land
uses that are appropriate for a rural location and a limited amount of
residential development where such development will not preclude continued
agricultural and non-residential uses. The General Rural Area policies also
contemplate a variety of uses which would be permitted through a zoning amendment
including uses that meet the needs of the travelling public, such as
restaurants and gas stations.
The subject sites are also within 300 metres of a
sand and gravel resource area and within 500 metres limestone resource
area. The Official Plan policies state that limited types of new development
may be approved within the area of these resources. Examples of conflicting
land uses that will not be considered include the creation of new lots or
rezoning to permit dwellings or lodging places (motels, camp grounds, nursing
homes, etc.) and farming or small-scale business uses where animals, equipment
or employees are affected by pit or quarry activities.
The property at 5026 Bank Street is situated along a
mixed-use area at the intersection of Rideau Road and Bank Street. The area
around this intersection is characterized mainly by commercial, industrial,
mineral aggregate extraction uses. Directly across the street on Bank Street is
a cluster of commercial uses including several commercial garages and automobile
sales establishments. A gas station and convenience store had been operating at
5026 Bank Street for several decades prior to the structures being removed in
2009 to accommodate the proposed redevelopment of the site. The zoning of the
site is RC2 and currently permits the proposed use; however additional land and
the subsequent minor expansion of the RC2 zone is required to accommodate the
orderly redevelopment of the site.
Summary
The proposal is consistent with the policies of the Official Plan, is appropriate in size and location and is compatible with the adjacent uses, including the mineral aggregate extraction operations.
The technical amendment for the remnant portion of 4974 Bank Street to permit two detached dwellings on one lot, is simply required to permit a longstanding non-conforming right.
Staff recommends approval of the Zoning By-law amendment, as outlined in Document 2, as required to meet a condition of consent imposed by the Committee of Adjustment.
ENVIRONMENTAL IMPLICATIONS
Due to
the past use as a gas station and based on the recommendations of the Phase I
and II Environmental Site Assessment submitted with application, conditions
related to soil management (for any potential contaminated soil) will be
included as conditions for any future site plan control approval and should
include the requirement for analytical testing for contamination of any soil to
be removed from the site during redevelopment and if the soil is found to be
contaminated, it must be disposed, treated or recycled at a waste disposal site
or landfill licensed for that purpose by the Ministry of Environment.
RURAL IMPLICATIONS
The addition of land to this property will allow for
the orderly organization and redevelopment of the site of this longstanding use,
which has served the rural community and the traveling public for decades.
There are no adverse impacts anticipated on the rural area as a result of this
zoning change.
CONSULTATION
Notice of this application was carried out in
accordance with the City's Public Notification and Consultation Policy. The City did not receive any negative
comments or opposition to this application.
COMMENTS BY THE
WARD COUNCILLOR(S)
The Ward Councillor is aware of this application and
the staff recommendation.
LEGAL/RISK
MANAGEMENT IMPLICATIONS
There are no legal/risk management implications associated with this
report.
CITY STRATEGIC
PLAN
The proposed amendment is consistent with the City’s
Strategic Plan as it respects the rural character of the area and will not have
any impact on the viability of rural villages. As well no expansion of
infrastructure is required specifically for the development.
TECHNICAL
IMPLICATIONS
FINANCIAL
IMPLICATIONS
There are no direct financial implications associated
with this report.
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-law amendment
applications.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
DISPOSITION
City Clerk and Solicitor Department, Legislative
Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program
Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of Council’s
decision.
Planning and Growth Management to prepare the implementing
by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to
City Council.
LOCATION MAP DOCUMENT
1
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
Proposed
Changes to the Comprehensive Zoning By-law
1. The subject lands, known as part of 4974 Bank Street and as shown on Document 1 shall be rezoned as follows:
(a) Area A is rezoned from RU to RC2; and,
(b) Area B is rezoned from RU to RU [142r];
2. Amend Column II of Exception 142r of Section 240 – Rural Exceptions by adding the text “RU[142r]”.