COMMITTEE OF THE WHOLE - MINUTES

Tuesday, March 14, 2000

The Committee of the Whole met in regular session on March 14, 2000 at 7:30 p.m. in the Council Chambers of the Township of Goulbourn Municipal Building with the following members present:

The Committee of the Whole minutes from the meeting of February 8, 2000 were accepted as amended.

Danny Page presented his report providing the history and background of this subdivision and the proposal for rezoning.

Councillor Bryan asked Mr. Page what the chance of possible success would be through consultation with the landowners. He inquired if the process of selective rezoning would be legal. Mr. Page said that Council would have a better idea after hearing from the landowners this evening. He said that it is possible to rezone certain areas of land, such as; rezoning all the vacant landowners on one street.

Don Kennedy stated that he is aware of the agreement signed by the land owners and the Township of Goulbourn to allow for the severance of these lots, but stated that a lot has happened since that agreement was originally signed. He said that an amendment to the Goulbourn Official Plan should have been made once this agreement was signed. Mr. Kennedy said that conditions can be recommended to the Land Division Committee concerning things that are not covered in the site plan. He acknowledged that this decision is difficult, but Council does have the ability to deal with it. He would like to see this zoning and the by-law approved. Mr. Kennedy stated that the compatibility of this subdivision is very important to this community and the homeowners want the land use to stay the way it was intended to be.

Councillor Bryan asked for suggestions of conditions that would appease the homeowners. Mr. Kennedy said that the structures would have to achieve compatibility with the current design.

Mayor Stavinga asked Mr. Page if Council could place conditions to achieve compatibility. Mr. Page stated that it would be difficult to construct a 4000 square foot structure on a severed lot which is similar in form to those on the 100 foot frontage lots, but this consideration has not been examined.

Robert Saloman reflected on the discussions that occurred during the February 8, 2000 meeting. He stated that the large lots were the original selling point of this area and the homeowners had bought their homes under this understanding. He stated that the homeowners were not made aware of the agreement upon the purchase of their homes, so how could they be legally bound to such an agreement. Mr. Saloman stated that 60% of the lots have been developed with 100 foot frontage and to sever the rest of the lots would create a checkerboard effect throughout the community. He felt that the larger lots would help preserve the environment better. Mr. Saloman stated that the home owners have invested more money into this community than the vacant lot owners and they have more at risk if Council decides not to rezone this area. He stated that he was confused by why the agreement signed on October 31, 1997 did not appear on the covenants or deed. Mr. Saloman would like to see this situation stabilized for the protection of investors and property owners.

Mayor Stavinga asked Mr. Townend when the payment for services is due on the land. Mr. Townend responded that the payment will not be due until the later part of this year. He stated that every lot, vacant or not, will be required to pay this fee. He clarified that development charges are only paid if construction is taking place on the lot.

Councillor Bryan asked who is responsible to pay for the services if the land changes hands. Mr. Townend stated that there would be conditions in the severance that would require the payment prior to the completion of the deal.

Councillor Lewis asked why there needs to be a 100% agreement. Mr. Page stated that it is a question of fairness in that we have an existing agreement with both the homeowners and landowners.

Richard Leeks stated that the agreement to sever the lots came about as a compromise because it cost the landowners more to have full service lots. He stated that he also had invested a lot of money into his land by paying taxes on the property for 25 years. He stated that this area is already mixed with development because the Ottawa Waldorf School and the townhomes that are located on Goulbourn Street. Mr. Leeks stated that it is not legal for Council to pass this rezoning by-law and he is prepared to take legal action if necessary. He felt that the smaller lots are better environmentally because people are not building in rural areas using up farm land. Mr. Leeks stated that he wants to sever his land because it does not make economical sense to build such large homes on these large lots. Mr. Leeks did state that he would be interested in getting together with existing home owners to discuss a possible compromise agreement.

John Paradis. 10 Cypress Gardens, agreed with Mr. Kennedy and Mr. Saloman. He stated that no where on his title or covenants, or in the development agreement signed in January 20, 1998, was there mention of this agreement signed in 1997. He said that the homeowners cannot be bound to this agreement if it was not presented to them upon the closing of the purchase. He stated that the homeowners had a vision of what the subdivision was going to look like when they purchased the lots to build.

Karen Fontaine, 16 Cypress Gardens, stated that, prior to purchasing her property, she had contacted the Planning Department and throughout their conversation there was no mention of this agreement. She felt very frustrated by this whole process.

Brenda Sholiski, 13 Cypress Gardens, stated that this conflict is very emotional for her. She stated that if you cannot deliver the product you have offered, then there must be something done to rectify the situation. She said that the properties were advertised as large homes and that is why the homeowners purchased in this area.

Councillor Bryan stated that Council has a very difficult decision to make. He stated that the rezoning is appropriate and reasonable for good planning practices but the Township has to right to respect the owners of the vacant lots who wish to sever. He suggested that there be a creative solution with compromises because there is a difference in views of fairness. Councillor Bryan stated that he is in favour of the staff recommendation.

Councillor Lewis stated that the Council must look at what’s fair, right and legal. He stated that Council cannot turn down Mr. Leeks because our legal opinion says we cannot. Councillor Lewis stated that he is in favour of the staff recommendation.

Mayor Stavinga asked Peter Rygus if he still has ownership of some of these vacant lots. Mr. Rygus responded that he owns 10 lots and has options on another 15 lots. He stated that the intention for these lots are to be built with 100 foot frontage.

Mayor Stavinga stated that a deferral may be appropriate to move towards progress. She suggested that a meeting take place with the vacant landowners to find out their intention for the property, then plot them on the map to see if there would be a large diversity in the appearance of the subdivision. If only a few landowners wanted to sever their properties, and the location was satisfactory to the homeowners, then an agreement could be produced. Mayor Stavinga stated that she would like to see this come together and compromises could be made. She stated that a conclusion could not be reached tonight. Mayor Stavinga asked Mr. Page if they could notify the Land Division Committee and inform them of Council’s recommendation. Mr. Page stated that he would pass that information on prior to the meeting which is to be held on March 15, 2000.

Mayor Stavinga requested that a time line of 2 weeks be set for this gathering of the homeowner and landowners to deal with this as soon as possible. Mr. Townend stated that, due to the lack of staff availability, he requested a time line be set for 3 weeks. Mayor Stavinga stated that within 3 weeks the parties should come together and reach some decision and then bring it back to Council as soon as possible.

Mr. Leeks stated that he is not readily available in the next 3 weeks. Mr. Page assured him that the meeting would probably not take place until the 3^rd week.

Richard Glover stated that he would like more clarification on the compromises that will take place at the suggested meeting. Mayor Stavinga stated that she will be attending the meeting and the layout of the subdivision will be examined. She stated that, if some of the vacant landowners are willing to waive their rights to the agreement which was signed in October 1997 and agree that they will be using the lot at it’s 100 foot frontage, perhaps the diversity of the subdivision would not be that great and all parties involved could be satisfied.

Mr. Glover asked what the next step would be after this meeting. Mayor Stavinga stated that if a compromise has been met, then selective rezoning may be an option.

Meni Sharma, 5 Cypress Gardens, stated they he was led to believe that the purpose of tonight’s meeting was to find out who was in favour and against this rezoning by-law and the only one who is against this is Mr. Leeks. He stated that they paid a lot of money for their homes and throughout the negotiation there was no mention that the lots could be severed to 50 foot lots. If this was the case, he would have never bought in this area.

Mayor Stavinga stated that this is a difficult decision for Council. She said that Council has an obligation to honour the agreement signed in October 1997.

Councillor Lewis asked if letters are sent out to landowners and they don’t show up to the public meeting what will happen. Mayor Stavinga stated that the letter will come from her office. Mr. Townend stated that you cannot demand that people come to a meeting. He stated that the letter will not indicate that the landowners are waiving their rights.

Mayor Stavinga stated that Council has the right to object to the rezoning by-law and tonight it is giving the public an opportunity to voice their concerns.

RECOMMENDATION:

That Committee of the Whole recommend to Council:

1. That By-law 04/00 be deferred;
2. That staff be directed to convene a meeting with landowners in Cypress Pointe in order to ascertain support for the Cypress Pointe Homeowners proposal;
3. That the Township Solicitor be directed to coordinate the execution and registration of agreements in the event that support is expressed by landowners for the rezoning of Cypress Pointe; and,
4. That staff apprise Council of the foregoing and advise on disposition of By-law 04/00.
5. That the RALDC be advised that the Township recommends deferral of the Leeks severance.

CARRIED

Stephen Belan presented his report. He mentioned a letter reveived from the Friends of the Jock River and the concerns that they pose with this rezoning.

Councillor Lewis inquired about what reports the Township is still waiting for. Mr. Belan stated that they are still waiting for the Environmental Impact Study to be updated by the applicants.

Daphine Whrethen, who is representing the applicants, stated that she is aware that they are premature and agree with the staff recommendations. She informed Council that the Hydro geological study, noise, blasting, dust, and traffic studies are awaiting completion and they anticipate the information within 6 weeks. The natural environment and the culture heritage studies have already been completed. She informed Council that a public consultation process will be done and the applicants want to meet with staff as information becomes available.

Councillor Bryan asked if this quarry planned on joining up with the quarry located to the south. Ms. Whrethen stated that there are no plans for a merger and they are two separate operations.

Councillor Bryan expressed his concern about the amount of active quarries that currently exist in the Township. He also felt that the safety of Highway 7 should be improved prior to the acceptance of the rezoning to reduce the amount of serious accidents near this location. Ms. Whrethen stated that a traffic study is being done to assess these concerns.

Councillor Bryan stated that the residents that live to the south of this area have a historical concern with the effects on the aquifer in this area. Ms. Whrethen stated that these concerns will be addressed through reports.

Councillor Lewis inquired about the public consultation process that must occur under the Aggregate Resources Act. Ms. Whrethen stated that the applicant’s obligation is to hold one meeting and Council will also have to hold a public meeting concerning a zoning application. The process for this will hopefully begin within 6-8 weeks.

Mayor Stavinga asked that the applicant, Tomlison, move beyond their minimal obligation and have more public participation in a open manner which would involve the North West Goulbourn Community Association. She stated that this application is very premature. She requested that all letters of concern from the public be forwarded to the application so they may be addressed.

That Committee of the Whole recommend to Council deferral of this rezoning. (Tomlinson)

CARRIED

Councillor Lewis suggested that this application be deferred pending the current developments with the expansion of Highway 7.

Bob Davies, who represents the applicant, stated that all the reports that he has received from the Ministry of Transportation indicate that 17-28 acres will be lost with the proposed interchange, not 38 hectares that has been quoted in the Planning Department report. He stated that the applicant still wants to move forward even though it is premature.

Mayor Stavinga stated that there are a number of items that have not been addressed.

Ken McRae, resident, asked if the applicant will have to apply for a permit to take water from the Ministry of Environment. Mr. Belan stated that a permit will have to be applied for if more than 50 thousand litres of water will be used per day. Mayor Stavinga asked Mr. Davies if the applicant is aware of how much water they will be using. Mr. Davies stated that they are unaware. Mayor Stavinga stated that people in this area are very concerned about the effects that taking water has on the ground water supply.

Susan Springthorpe, GEAC, stated that the Goulbourn Environmental Advisory Committee will be making comment on this application at a later date.

Peter Jordan, resident, asked if the applicant will have to apply for a pesticide and herbicide license. Mr. Davies stated that he is unaware of this at this time.

That Committee of the Whole recommend to Council to defer consideration of this Rezoning until such time as the applicant completes all the requirements
(Edey)

CARRIED

Mr. Page presented the report for Ms. Switzer in her absence. He described the changes and improvements that this development required in preparation for approval.

Councillor Bryan question the ownership of the land located between Blocks 1 & 3 and 2 & 4. He also questioned the amount of parking space, as it did not seem apparent that there were 37 spaces which is the required amount. Mr. Page stated that the land between the blocks in question will be commonly owned. He stated that some of the units are equipped with garages and those parking spaces are not as evident in the plan provided.

Councillor Bryan stated that he was pleased to see that more space has been provided and he supports the staff recommendation.

Mayor Stavinga spoke on behalf of Councillor Beggs who was unable to attend but expressed her concern about the allowance of green space, unlike a regular subdivision no children’s playing parks are required. Mr. Page responded that a minimum of 30% of the area must still be landscaped.

Mayor Stavinga asked if the roads would be assumed by the Township with regards to snow removal. Mr. Page stated that these would be private roads and Life Lease would contract out the snow removal.

Ralph Vandenberg, Courtyard Developments, stated that sales of these affordable residences for seniors is going very well. Due to the success of sales, it has caused the development to expand the plan in behind the King Chow Restaurant. He stated that they have examined the concerns of the staff and are in favour of the staff recommendation. Mr. Vandenberg stated that there are 1.5 parking spaces per unit, this is higher than the required number. He also stated that, with the removal of the one unit at the rear of the development, it now allows for the proper requirement for snow storage.

Mr. Gracey, 28 Pretty Street, wanted to clarify that the units are only one storey and that the set back from his backyard to the back of the development is 7.5 metres. Mr. Vandenberg stated that the units are only one storey and the set back is the required 7.5 metres.

Mayor Stavinga stated that she is pleased to see the sales of the development so successful and felt that there is a need for such a development in the community.

That Committee of the Whole recommend to Council that By-law 6/00 a by-law to rezone 1577,1581, 1585 and 1589 Main Street, Stittsville, to permit the development of a bungalow townhome project, be given first and second reading;

That the Committee of the Whole recommend to Council that the site plan for the King Chow Restaurant at 1585 Main Street, Stittsville be approved subject to the conditions contained in Appendix C; and

That the Committee of the Whole recommend to Council that the site plan for a bungalow townhome project at 1577,1581,1585 and 1589 Main Street, Stittsville be approved subject to the conditions contained in Appendix E.

CARRIED

Mr. Page presented the report for Ms. Switzer in her absence. Mr. Page stated that staff supported the subdivision application. He noted one correction in the staff recommendation, under condition 52 it should read 14 not 11. A second sentence should also be added to the clause stipulations "If this can not be demonstrated, the plan will be modified"

Murray Chown, Novatech, stated that he is in support of the staff recommendation and would like to hear the concerns of the public.

Selena Walker, resident, stated some of her concerns that she has with the development of this area. She felt that the approval of this development would be premature without the result of several reports: the Upper Poole Creek Subwatershed Study, the Braaksma Transportation Study, Stormwater Site Management Study, a Fisheries Compensation Plan, a revised Wetland Impact Study and a revised Tree Planting and Conservation Plan. Ms. Walker stated that she was concerned about the impact this subdivision would have on the wetland region. She felt that the distance of only 25-30 metres between the wetlands and the subdivision did not meet the requirements as set by the Ministry of Natural Resources. She also stated that there would be a great effect on the habitat in this area if the West Ridge Drive is extended.

Christine Hartig presented a report on behalf of the Goulbourn Environmental Advisory Committee which stated their concerns with the development of this area. GEAC thanked the efforts of Ms. Sally Switzer for her thorough evaluation on these highly sensitive lands and issues. Ms. Hartig stated the concerns that the development will have a drastic impact on the wetlands. She stated that it would be unwise for Council to move ahead with the subdivision application before the Upper Poole Creek Subwatershed Study is completed. Ms. Hartig voiced the concern that GEAC had towards the reduction of space between the wetlands and the subdivision, they stated that it should be a 120 metre buffer and the recommendation calls for a buffer of only 25-30 metres. She stated that, with the construction of the subdivision, it would create noise impact and a lack of environmental space for the wildlife that currently inhabitant the wetlands. She requested that a barrier be placed between the houses and the wetlands to prevent conflicts between humans and wildlife and the destruction that humans would cause such as the use of snowmobiles and 4 wheelers. On behalf of GEAC, Ms. Hartig supported that this area not be developed because of the severe impact this would have on a critical environmental area.

Mayor Stavinga thanked GEAC for their indepth analysis of this area.

Sandy Griffin, West Ridge Drive resident, stated the concerns he and his wife have about the development of this phase of the subdivision. Mr. Griffin said that his main concern was that of the increased traffic flow this would cause down West Ridge Drive especially large construction vehicles. He stated that there are children’s parks, without fences, in this area and people already have a hard time walking down West Ridge Drive because of the traffic. He suggested that the Township develop Walker Road and divert the construction traffic down it. Mr. Griffin stated his concerns about the impact this development would have on the Trans Canada Trail project. He closed by stating that he would like to see this phase of the subdivision cancelled.

Ken McRae, resident, informed Council that the Ministry of Natural Resources is currently examining the boundaries of the wetlands because it seems to be incorrect. He asked if there was going to be a level of standardization of street numbering in the urban area for emergency purposes. Mayor Stavinga stated that the Region is currently addressing the concern of standardization of street numbering.

Susan Springthorpe, GEAC, said that the development of trees for the purpose of shade around the pond will take a number of years to mature and suggested that Council and the Planning Department consider using duct weed cover, which is a form of pond scum, to help control the temperature levels.

Mike Boucher, from the Region of Ottawa-Carleton, stated that this is not the last opportunity for the public to voice their concerns. Council will only be recommending that this application be sent to the Region. Mr. Boucher clarified that the distance in question between the wetlands and the subdivision is not a buffer zone and 25-30 metres is a typical distance for land adjacent to a water course or wetland. He stated that the tree preservation plan was not acceptable and the applicant has hired a landscaper to redo the plan. Mr. Boucher apologized to Council because, at this stage of development, he does not have all the answers to the concerns expressed by the public. He did remind Council that most subdivisions proceed in this format.

Mayor Stavinga stated that Council prefers to deal with the public process at a local level and not send it to the Region. She said that she is not seeing everything she needs to see to be satisfied with this and move ahead. Mayor Stavinga stated that she is concerned about approving things when there have not been enough studies completed.

Mr. Chown, who is representing the applicant, stated that the issues that are being discussed this evening are the same issues that were raised during the development of phase 3A. He stated that he supports the staff recommendation even with the amendments that were made this evening by Mr. Page. Mr. Chown informed Council that the Fisheries Compensation Study will be completed shortly, the traffic study will be done prior to the phase being registered and there have been provisions made to the tree preservation plan. He stated that the presentations made tonight have raised some concern and he is in support of GEAC’s comments concerning a pathway through the area between the wetlands and the subdivision. Mr. Chown requested that Council hear from the author of the report which is attached to the application and evaluates the wetland area.

Mayor Stavinga asked why the Ministry of Natural Resources did not make comments on the Wetland Impact Study. Mr. Boucher stated that the Ministry of Natural Resources does not respond and they trust the opinions of the Conservation Authorities. Moreover, the Region is responsible for mutual resource comments as a result of one window service initiatives.

Rob Snetsinger, a Biology Professor at Queen’s University, prepared the report for this wetland area. He stated that he is a specialist in wetlands and has a ten year association with this certain wetland. Mr. Snetsinger stated that this is a urban associated wetland and has no special biodiversity to this area. He did agree that setbacks are always better to be further away, but 25-30 metres of spacing would not have a drastic effect on the area. Mr. Snetsinger stated that the roadway going across the wetland will have an impact, but the road is placed in the least effected area. He stated that the habitat and species that are found in this wetland are also found in a urban setting.

Councillor Lewis stated that he wants to see the completion of all the reports before this application goes to the Region.

Councillor Bryan said that he does not want to rush this approval without all the correct information and he will not be satisfied to move ahead until all the reports are complete. He stated that Council has to be careful because this is a environmentally sensitive area.

Mayor Stavinga spoke on behalf of Councillor Beggs who felt that this approval was premature.

Mayor Stavinga stated that, prior to reading the report, she felt that this project could be entertained this year, but received no comfort after reading the report and is not ready to pass this application onto the Region until the reports are finalized. She said that she is looking forward to seeing the reports and discussing them more. Mayor Stavinga said she is not prepared to support the staff recommendation.

Mr. Page asked Council what reports they wished to see. Mayor Stavinga stated that they wished to see the Braaksma Traffic Study, the Upper Poole Creek Subwatershed Study, the Wetland Impact Study and the Tree Preservation Study.

Frank Argue stated that he would like to see Council deal with the application quickly and in house. He was concerned that it would get delayed in the new City of Ottawa. Mayor Stavinga said that the concerns of the Committee have not been addressed and they will not be satisfied until all the reports are received.

That Committee of the Whole recommend to Council that staff be requested to initiate proceedings for the closure of Walker Road and Abbott Street west; and

That Committee of the Whole recommend to Council that the draft subdivision proposal for West Ridge Phase 3B be approved subject to the conditions contained in Appendix D to this report.

DEFERRED

Committee of the Whole reached its curfew and was unable to review Report No. 00-13 Plan Monthly Report from Danny Page.

The meeting was adjourned at 11:40 p.m.

Formally Adopted by the Committee of the Whole at the meeting of Robert Haller, Clerk                                     

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