Report to/Rapport au :
Planning
and Environment Committee
Comité de l'urbanisme et de l'environnement
and Council / et au Conseil
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 : John Smit, Manager/Gestionnaire, Development Review-Urban
Services/Examen des projets d'aménagement-Services urbains, Planning and Growth
Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 13866 John.Smit@ottawa.ca
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SUBJECT: |
ZONING - 3180 albion Road and part of
2059 Bank Street (FILE NO. D02-02-06-147) |
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OBJET : |
REPORT RECOMMENDATIONS
1.. Approve an amendment to Zoning By-law 2008-250 to change the zoning of 3180 Albion Road and part of 2059 Bank Street from IL, Light Industrial Zone, to IL [XXX] Exception Zone as shown in Document 1 and as detailed in Document 2.
2.. Approve an amendment to the former City of Ottawa
Zoning By-law to change the zoning of 3180 Albion Road and part of 2059 Bank
Street from IL F(1.0), Light Industrial Zone, to IL [XXX] F(1.0) Exception Zone
as shown in Document 1 and detailed in Document 2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil :
1.
d’approuver
une modification du Règlement de zonage 2008-250 afin de changer la désignation
de zonage du 3180, chemin Albion et d’une partie du 2058, rue Bank de IL, Zone
d’industrie légère, à IL [XXX], Zone d’exception, tel qu’il est indiqué dans le
Document 1 et expliqué en détail dans le Document 2.
2.
d’approuver
une modification au Règlement de zonage de l’ancienne Ville d’Ottawa afin de
changer la désignation de zonage du 3180, chemin Albion et d’une partie du
2058, rue Bank de IL F(1.0), Zone d’industrie légère, à IL [XXX] F(1.0), Zone
d’exception, tel qu’il est indiqué dans le Document 1 et expliqué en détail
dans le Document 2.
BACKGROUND
The property is generally located east of Bank Street, west of Albion Road, and is south of the CN Railway yards. The property has an area of approximately three hectares and is currently vacant. This site is generally level, with some scrub bush on it, as well as, an east-west overhead hydro line running through it. The hydro easement is 13.50 metres wide.
Purpose
of Zoning Amendment
The applicant requests that the Comprehensive and former City of Ottawa Zoning By-laws be amended for 3180 Albion Road and part of 2059 Bank Street to permit light industrial and warehouse uses within a Flood Plain Overlay.
The property is located within the Sawmill Creek subwatershed area where the risk of flooding has been mitigated through the diversion of floodwaters into a wetland area. The wetland area is located east of the Airport Parkway, opposite to the South Keys Shopping Centre, and essentially functions as a stormwater retention pond. As a result of the water diversion, the applicant contends that his property can now be considered as an area of reduced flood risk. The applicant is therefore requesting that consideration be given to permit the introduction of limited light industrial uses in an area of reduced flood risk.
The Comprehensive Zoning By-law zone designation for this property is IL, Light Industrial Zone, and the property is subject to a Flood Plain Overlay. The purpose of this zone is to permit a wide range of low impact light industrial uses, as well as, office and office-type uses in areas designated Employment Area in the Official Plan.
The purpose of the Flood Plain Overlay is to prohibit new development and to limit the expansion of existing uses within a Flood Plain. The Overlay prohibits the expansion of uses that use or store substances of a chemical, hazardous or toxic nature in their operation. All development within the Flood Plain must have the approval of the relevant Conservation Authority in accordance with the Conservation Authorities Act. The Flood Plain Overlay provisions of the Comprehensive Zoning By-law have been appealed to the Ontario Municipal Board.
Former City of Ottawa Zoning By-law
The property is zoned IL F(1.0), Light Industrial Zone, with a Flood Plain Overlay in the former City of Ottawa Zoning By-law. This zone permits industrial uses related to repair, manufacturing, warehousing, maintenance of commercial or industrial vehicles, and transportation uses related to shipping and receiving. This Flood Plain Overlay does permit limited types of uses to establish or expand within the flood plain, but prohibits those uses that potentially involve the use or storage of substances of a chemical or hazardous nature.
The proposal is to amend the Comprehensive and former City of Ottawa Zoning By-laws to allow warehousing and light industrial uses within the Flood Plain Overlay for 3180 Albion Road and part of 2059 Bank Street through an exception to the Light Industrial Zone designations, as detailed in Document 2.
DISCUSSION
The Provincial Policy Statement prohibits development and site
alteration on lands considered to be hazardous. This would include lands located in a flood plain where essential
emergency services could be impaired as a result of flooding. In addition, the policy prohibits uses
associated with the disposal, manufacture, treatment or storage of hazardous
substances.
Under the policy statement, development on lands located on the
fringe of a flood plain may be allowed.
Such uses would be subject to appropriate implementation of flood
proofing measures approved by the applicable Conservation Authority. Development may also be allowed where the
risk to public safety is considered to be minor. This would include circumstances where the risk of flooding has
been managed or mitigated through achievement of the following criteria:
a) The implementation
of the appropriate flood proofing measures,
b) Access to the site
has been determined to be safe during times of flooding,
c) New and existing
hazards will not be aggravated, and
d) No adverse environmental impacts will result.
The Official Plan generally prohibits development to occur within a flood plain. However, the Plan does permit safe, compatible development in the reduced-risk parts of the flood plain conditional on there being no adverse environmental impacts. The mechanism for development to occur is through a Zoning By-law amendment in consultation with the applicable Conservation Authority. The Plan also sets out similar criteria for evaluating the appropriateness of development within a flood plain found in the Provincial Policy Statement and requires mitigating measures to be taken in order for development to occur.
The zoning amendments are considered to be appropriate because the flood risk has been mitigated by a physical diversion of the watercourse that previously posed a threat from flooding in the area. As a result, it has been demonstrated that the impact of flooding in the five and 100‑year storm events has been reduced by approximately 80 to 90 per cent. Only in the unlikely event of the physical failure of the watercourse diversion would there be a risk of flooding. In addition, the zoning exception prohibits light industrial uses that use or store substances of a chemical, hazardous or toxic nature in their operation and that would threaten the environment. The implementation of flood proofing measures and regulation of access to the site will be established through the Site Plan Control process in consultation with the Conservation Authority.
The Rideau Valley Conservation Authority has reviewed this application and the recommended zoning details. The Conservation Authority has concluded that the staff recommendation is consistent with Section 3.1.4 of the Provincial Policy Statement that deals with uses within a flood risk area.
ENVIRONMENTAL IMPLICATIONS
Any environmental impacts will be dealt with though the implementation of flood proofing measures established through the Site Plan Control process in consultation with the Rideau Valley Conservation Authority.
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. The City did not receive any negative comments or opposition to this application.
LEGAL/RISK MANAGEMENT IMPLICATIONS:
There are no legal/risk management implications associated with this report.
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 the complexity of the issues associated with a Flood Plain Overlay.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details of Recommended Zoning
DISPOSITION
City Clerk and Legal Services Branch, Council and Committee Services to notify the owner, Phoenix Commercial Properties Inc., 18A Bentley Avenue, Ottawa, ON, K2E 6T8, applicant, Lloyd Phillips & Associates Ltd., 1501 Carling Ave., Ste. 200, Ottawa, ON K1Z 7M1, 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 Department 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
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
Proposed Changes to the Comprehensive Zoning By-law
The subject lands shown on Document 1 will be rezoned from IL to IL[xxxx], and the following exception will be added to Section 239 - Urban Exceptions that will apply to the IL[xxxx] zone:
Despite the provisions of subsections 58 (1), (2) and (3) light industrial and warehouse uses are permitted provided that such uses do not include the usage or storage of substances of a chemical, hazardous or toxic nature in their operation.
Proposed Changes to By-law No. 93-98 for the former City of Ottawa
The subject lands shown on Document 1 will be rezoned from IL F(1.0) to IL[xxxx] F(1.0), and the following exception will be added to Part XV - that will apply to the IL[xxxx] F(1.0) zone:
Notwithstanding the provisions of Section 12, the following provisions will apply:
All light industrial and warehouse uses are permitted provided such uses do not include the usage or storage of substances of a chemical, hazardous or toxic nature in their operation.