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Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des affaires rurales
and Council / et au Conseil
November 21, 2013
21 novembre 2013
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure
Contact Person / Personne ressource: Michael Mizzi, Chief/Chef, Development
Review Services / Services d’Examen des projets d'aménagement, Planning and
Growth Management/Urbanisme et Gestion de la croissance
(613) 580-2424, 15788, Michael.Mizzi@ottawa.ca
WEST CARLETON-MARCH (5)
Ref N°: ACS2013-PAI-PGM-0220
SUBJECT:
ZONING – 190 DAVID MANCHESTER ROAD
OBJET :
ZONAGE – 190, CHEMIN DAVID-MANCHESTER
REPORT RECOMMENDATION(S)
That the Agriculture and Rural Affairs Committee recommend Council refuse an
application to amend Zoning By-law 2008-250 for 190 David Manchester Road to
permit a heavy equipment and vehicle sales, rental and servicing facility.
RECOMMANDATION(S) DU RAPPORT
Que le Comité de l’agriculture et des affaires rurales recommande au Conseil de
refuser une demande de modification au Règlement de zonage 2008-250
concernant le bien-fonds du 190, chemin David-Manchester, pour permettre
l’aménagement d’une entreprise de vente, de location et d'entretien de
machineries et de véhicules lourds.
BACKGROUND
An application for a Zoning By-law amendment has been submitted in support of a
development proposal for 190 David Manchester Road, which is on the east side of
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David Manchester Road, west of Highway 7. The property subject to the Zoning By-law
proposed amendment contains approximately 6.4 hectares of land and is illustrated in
Document 1.
The lands are currently vacant and forested. The immediate surrounding land uses are
mineral extraction (quarry) to the east and a toy store to the south. The area to the west
of the site contains sparse rural residences and vacant, forested land. A high-tension
electrical transmission corridor (easement) crosses the lands to the immediate north of
the site.
The property is located within 750 metres of the Highway 7/Hazeldean Road
interchange with a driving distance of approximately 1.4 kilometres. David Manchester
Road is identified as a rural collector road. The road is paved from Hazeldean Road to
a portion of the site, but is a gravel road north of the subject lands. Highway 7 is
identified as a Scenic Entry Route in the Official Plan, being used by visitors and
business travelers driving to and from Ottawa and the National Capital Region.
Purpose of the Zoning Amendment
The purpose of the Zoning By-law amendment proposal is to rezone the lands from
Rural Countryside (RU) to a Rural General Industrial (RG) to permit the construction of
a 36,000 square metres heavy equipment and vehicle sales, rental and servicing facility
with accessory retail and office space.
The proposed building will include office space and a showroom for the display of
equipment. A future expansion to the service facilities of a six-bay area and parts area
is also being proposed. Outdoor display, parking, and landscaped areas will be created
in association with the facility. The development concept is that the building will have
the appearance of fronting onto Highway 7 with access to the site from the rear on
David Manchester Road.
Existing Zoning
The property is currently zoned Rural Countryside (RU). The intent of the RU zone is to
accommodate land uses characteristic of Ottawa’s countryside in areas designated
General Rural Area, Rural Natural Features and Greenbelt Rural in the Official Plan.
The RU zone recognizes and permits a range of rural-based land uses while ensuring
compatibility with adjacent land uses and in respect of the rural context.
DISCUSSION
Provincial Policy Statement
The Planning Act requires that planning matters “be consistent with” the Provincial
Policy Statement (PPS).
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Section 1.1.1 of the PPS promotes efficient development and land use patterns which
sustain the financial well-being of the province and municipalities over the long term;
avoiding development and land use patterns which may cause environmental or public
health and safety concerns; avoiding land use patterns that would prevent the efficient
expansion of settlement areas in areas which are adjacent or close to settlement areas;
and promoting cost-effective development standards to minimize land consumption and
servicing costs. The introduction of an industrial and retail use in this location
constitutes inefficient scattered development.
Section 1.1.3.1 of the PPS recommends that settlement areas shall be the focus of
growth for new development to take place. There is an existing supply of vacant
industrial land in the urban and rural areas to support the proposed use.
Section 1.1.4.1 states that in rural areas in municipalities, development that is
compatible with the rural landscape and can be sustained by rural service levels should
be promoted. The PPS promotes other economic opportunities in rural areas of
municipalities, but not at the expense of the long term availability of land and resources.
Further, Section 2.1.3 states that development shall not be permitted in significant
habitat or endangered or threatened species unless it has been demonstrated that there
will be no negative impacts on the natural features or on their ecological functions. The
Environmental Impact Statement prepared in support of the proposed rezoning does not
adequately ensure protection of environmental features, such as species at risk, and
functions on the site and adjacent to the site.
Official Plan
The Official Plan designates the property Rural Natural Feature (RNF). Rural Natural
Features are natural areas within the rural setting that contain woodlands, wetlands and
wildlife habitat that are significant within the City of Ottawa. The site and the larger
property to the north are part of a RNF that contains wetlands (including the Provincially
Significant Goulbourn Wetland Complex, which is approximately 340 metres to the north
of the property), and headwaters for tributaries feeding into Huntley Creek.
Any development proposed within the RNF designation must be assessed in terms of its
impact on the area’s natural features and functions, particularly, impacts arising from
the extent of disturbance and the location of buildings. An Environmental Impact
Statement (EIS) is required for development proposed within 120 metres of a Rural
Natural Feature or on lands adjacent to these designated areas. No development or
site alteration is permitted unless the EIS indicates that the development will not have a
negative impact, defined as degradation that threatens the health and integrity of the
natural features or ecological functions for which an area is identified due to single,
multiple or successive development or site alteration activities.
Section 3.7.2 of the Official Plan (General Rural Area) is applicable to the subject lands.
A Zoning By-law amendment is required where new non-residential uses are proposed.
Such an application must demonstrate why the proposed use is not better located within
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a village and how the use is in keeping with the rural area. The following matters must
be considered when considering an application to amend the Zoning By-law to permit a
new use (Policy 3.7.2.6):
a) The use would not be better located in a village or the urban area:
The proposed use is an industrial use that does not directly serve the rural area.
The use is not supportive of the agricultural sector and exceeds the type and
extent of industrial and retail development that could be contemplated as
acceptable in the Rural Area. The proposed use is not exclusively related to the
rural economy and does not by its nature need to locate in the rural area. The
proposed industrial and retail use would be better situated in the urban area or
an existing rural industrial subdivision.
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:
The Transportation Impact Study and Brief submitted in support of the proposed
rezoning states that David Manchester Road (a collector road) has capacity to
accommodate new traffic. Staff interprets the transportation issue to be more
indirectly associated with introducing an incompatible use into the rural area.
While the sale, rental and servicing facility use may be the predominant use on
the site, the retail function and its associated traffic is incompatible in a rural
setting.
c) The privacy of adjacent landowners or the amelioration of potential adverse
impacts from lighting, noise, odor, dust, or traffic can be achieved by separating
the land uses, buffering or other measures as part of the development:
An industrial and retail use of this magnitude is not suitable in this part of the
General Rural Area and would negatively impact adjacent rural landowners on
David Manchester Road. The proposed landscape screening along the frontage
of the property facing David Manchester Road as proposed will not be sufficient
to mitigate the visual impact given that size of the development is proposed to be
3,600 square metres.
d) The potential for reducing possible impacts on neighbouring agricultural uses or
nearby rural residential or village communities, where relevant:
Screening and landscaping were the only mitigative measures suggested to
reduce possible impacts of the proposed use on neighbouring rural residential
uses.
e) The development is in keeping with the surrounding rural character and
landscape:
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There is one commercial use in proximity to the site (PlayValue Toys). The
remainder of the surrounding area is scattered rural residential uses along David
Manchester Road. While the site is located adjacent to Highway 7, the site is
physically about 1.4 kilometres removed from the interchange and surrounded by
rural land on all sides other than the side abutting the highway. Supporting
another development along this road would be considered scattered
development.
The Highway 7 corridor is identified as a Scenic Entry Route in the Official Plan.
The goal of these routes along principal roads is to orient travelers and provide
direction to the City’s attractions while the overall pattern of development must
create a favourable first impression of Ottawa. Guidelines for Scenic Entry
Routes are being developed in order to promote attention to such matters as
building orientation, outside storage, access and egress, landscaping, fencing,
lighting and signage to create an aesthetically pleasing streetscape. The
protection of views to natural and cultural heritage features, mature trees, and
roadside vegetation along and beyond the right-of-way is also promoted. In the
absence of any specific guidelines, staff note one of the key characteristics of the
site and the proposed use is visibility from Highway 7. That being said and given
the rural setting at this interchange, the proposed use and site plan do not
support the goals of protecting natural heritage features, mature trees and
roadside vegetation. In addition, the requirement for the use to have outdoor
display of merchandise is not compatible with these goals.
f) All those requirements of Sections 2 and 4 related to transportation, servicing,
design and compatibility and environmental protection:
This is discussed in Sub-Section (h) below, as well as in the review of the
Environmental Impact Statement further in the report.
g) Noxious uses will only be considered where suitable screening and buffering can
be provided and generally these uses will not be considered in locations within
groundwater recharge areas or immediately adjacent to residential areas, Scenic
Entry Routes or waterfront areas:
The proposed use is not considered to be noxious; therefore, this criteria is not
applicable.
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:
While the EIS states that the site can be developed without imposing negative
impacts as defined in Section 4.7.8 of the Official Plan, staff have reviewed the
EIS and note a number of items requiring additional information or clarification
(see summary in the section on the EIS). Staff acknowledge there are issues
that detract from the environmental significance of this property, including a)
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existing disturbance (open area); b) no direct linkage to the larger forested area
that comprises the larger RNF due to power lines to the north, Highway 7 to the
east, an old road allowance to the south and David Manchester Road to the
west; and c) the edge effect from the highway and David Manchester Road.
Staff are of the opinion that the larger planning issues relating to locating a use
that would be better situated in the rural/employment or urban area would have a
large environmental impact on the RNF. By accepting this as an appropriate use
for the rural area and in an RNF, a further decline in the health of the feature will
be seen as more traffic is directed to the area as well as increased development
pressure once the new land use is introduced into the RNF.
The proposed use is not compatible with the surrounding rural landscape, which is
comprised of scattered residential uses, vacant and forested land. The proposed use is
not related to the management or use of resources, resource based recreational
activities, limited residential development or other rural land uses.
Environmental Impact Statement
Section 4.7.8 (Environmental Impact Statement) of the Official Plan requires that any
proposed development on, or within 120 metres, of a natural heritage feature system
must be supported by an EIS. The applicant submitted an EIS in support of the
application and was reviewed by staff. The EIS was found to be missing information in
a number of areas.
A Tree Conservation Report was also submitted in support of the application. No
references, links or integration with the EIS were noted in the report. It would be helpful
that these two assessments and their findings inform one another.
The final outcome of the study would not change the department’s position on this
application.
Conclusion
Staff do not support the proposed Zoning By-law amendment for the following reasons:
The intended industrial and retail use is not an appropriate use for the property. This
use would be better suited in the urban area or an existing rural industrial area. The
proposed use is not supportive of this site and exceeds the type and extent of
commercial development that could be contemplated as acceptable in the rural area.
The proposed use is not specifically related to the rural economy and does not need to
locate in the rural area. The introduction of a commercial industrial use in this location,
in addition to the existing PlayValue Toys, constitutes scattered development and this
will lead to more requests of this nature throughout the rural area, which will ultimately
lead to strip development.
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RURAL IMPLICATIONS
The introduction of a heavy equipment and vehicle sales, rental and servicing facility
with accessory retail and office space on the property is inconsistent with the rural
character and could have an environmental impact on Rural Natural Feature over the
long term.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public
Notification and Consultation Policy.
No comments were received regarding the application.
COMMENTS BY THE WARD COUNCILLOR
The Ward Councillor is aware of the staff recommendation.
LEGAL IMPLICATIONS
In the event that the above recommendation is adopted and the refusal appealed to the
Ontario Municipal Board, it is expected that a two day hearing would result that could be
accommodated within staff resources.
Should Council determine to enact a zoning by-law in accordance with the application,
and a third party appeal the matter to the Board, an outside planner would need to be
retained. It is estimated that the cost of doing so would be $15,000 to $20,000.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications associated with this report.
FINANCIAL IMPLICATIONS
Potential financial implications are described within the above Legal Implications. In the
event that an external planner is retained, funds are not available within existing
resources and the $15,000 to $20,000 expense would impact Planning and Growth
Management’s operating status.
ACCESSIBILITY IMPACTS
There are no accessibility implications associated with this report.
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ENVIRONMENTAL IMPLICATIONS
The environmental implications have been discussed in the Official Plan section above.
TECHNOLOGY IMPLICATIONS
Information Technology approve this report without comments.
TERM OF COUNCIL PRIORITIES
This application does not align with Council priorities as it is not consistent with the
proper management of growth and the creation of sustainable communities.
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
DISPOSITION
City Clerk and Solicitor Department, Legislative Services, to notify the owner, applicant,
OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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.
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LOCATION MAP
DOCUMENT 1