Report to/Rapport au :
Agriculture and Rural
Affairs Committee
Comité de l'agriculture et des
affaires rurales
and Council / et au Conseil
12 March 2012 / le 12 mars 2012
Submitted by/Soumis
par : Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Planning and Infrastructure
/ Urbanisme et Infrastructure
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: |
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OBJET : |
REPORT
RECOMMENDATION
That the recommend Council approve an amendment to
Zoning By-law 2008-250 to change the zoning of 8213 Flewellyn Road from Rural Countryside (RU) and Mineral Extraction Subzone 2 (ME2) to Rural
Residential (RR), Rural Residential Exception XXX (RR[XXXr]) and Rural
Residential Exception XXY (RR[XXYr]) shown in Document 1 and detailed in
Document 2.
RECOMMANDATION
DU RAPPORT
Que le Comité de recommande au
Conseil d’approuver
une modification au Règlement de zonage 2008-250 afin de faire passer le zonage
du 8213, chemin Flewellyn de RU (Zone d’espace rural) et ME2 (Zone d’extraction de minerai,
sous-zone 2) à RR (Zone résidentielle rurale), RR[XXXr] (Zone résidentielle
rurale dotée d’une exception XXX) et RR[XXYr] (Zone résidentielle rurale dotée
d’une exception XXY), comme le montre le document 1 et l’explique en détail le
document 2.
BACKGROUND
The land to which the proposed zoning amendment
applies is the subject of two applications for subdivision. Both subdivision
applications are draft approved. While there are technically two separate
subdivisions they have been reviewed comprehensively and will be developed in a
manner similar to two phases of the same development. As such they are referred
to inter‑changeably as subdivisions and phases within this report. The
subdivisions consist of about 74 hectares, with frontages on Flewellyn and
Fernbank Roads, and are situated one lot east of Dwyer Hill Road. The first phase of the subdivision would access
Flewellyn Road and would consist of 40 lots and one open space block on five new
streets. Phase 2 would connect to the north side of Phase 1 and extend out to
Fernbank Road. There is an existing
licensed pit in Phase 2.
Purpose of Zoning Amendment
The zoning amendment would permit the
residential development as shown on the approved draft plans of subdivision,
with the limitations for setback as required in the draft approval conditions.
Existing Zoning
The existing zoning is Rural Countryside (RU)
for the majority of the southerly portion of the property. The north portion is split into two zones:
Rural Countryside (RU) and Mineral Extraction Subzone 2 (ME2).
Proposed Zoning
The zoning application proposes to amend the
zoning for the subject lands from Rural Countryside and Mineral Extraction
Subzone 2 to Rural Residential zones.
Specific exceptions zones have been requested for rear yard setback of
50 metres on Lot 13 in Phase 1 (D07-16-09-0026) to address MDS from
agricultural activities. A separate exception zone is also intended for Lot 40
in Phase 1 and Lots 2 through 14 in Phase 2 with a 50 metre rear yard setback
to address the proximity of those lots to a Limestone Resource Area. For Lot 1 in Phase 2 the setback is
technically from the westerly interior side lot line and the exception zone
reflects that.
DISCUSSION
Official Plan
The related subdivision applications were filed
on December 9, 2009 within the Council approved ‘grandparenting’ provisions for
the implementation of the moratorium on Country Lot Estate Subdivision and
therefore were processed under the policies of the 2003 Official Plan.
The subject property
is designated General Rural, with some Rural Natural Feature. A portion of the first phase of the
development lies within the 300 metres of the existing pit.
Portions of the
subject property lie within 500 metres of the Limestone Resource
Area. The Provincial Policy Statement
for Mineral Aggregate Resources is intended to protect the resource for
long-term use. Incompatible development
near a resource area that could hinder or preclude the extraction of the limestone
would only be permitted if the extraction of the resource is not feasible or
the proposed land use or the proposed development
serves a greater long-term public interest; and issues of public health, public
safety and environmental impact are addressed.
The City’s Official Plan has designated Limestone Resources Resource
Areas to protect the resource. The
Official Plan also defines adjacent, as lands within 500 metres to a Limestone
Resource Area. The Official Plan generally
does not contemplate allowing development of conflicting uses within those
adjacent areas. The Official Plan does
contemplate the possibility of some development within the adjacent area if it
can be demonstrated that the resource can still be extracted and if a quarry
use would not impact the future residential uses. The applicant demonstrated this through the
subdivision process.
Former Sand and
Gravel Resource Area
The north portion of
the subject site has an active sand and gravel pit licence issued by the
Ministry of Natural Resources. The licensed pit lies solely within the Phase 2
portion of the subdivision. The
applicant contends that the material for extraction is nearly exhausted and
that rehabilitation is imminent. Any
remaining materials within the extraction area will be used for the subdivision
either as fill for lots and roads or to regrade the pit area to provide for
safe slopes. The Ministry of Natural Resources has agreed that the materials
remaining are minimal and that the pit could be rehabilitated through the
approval of the subdivision. Essentially
the pit rehabilitation plan will be the municipally approved subdivision
grading and drainage plan and landscape plan.
The Provincial Policy
Statement speaks to allowing the rehabilitation works to accommodate the
subsequent land use in consideration of compatible adjacent uses. Section 3.7.4 of the Official Plan allows for
depleted resource sites to be considered for uses identified under the General
Rural Designation, which would include a residential subdivision. An Official Plan Amendment is not required to
permit those alternate uses once the resource is completely depleted. Official
Plan Amendment 94 redesignated the Sand and Gravel Resource to General Rural to
reflect the depleted resource and facilitate the development proceeding.
Minimum Distance
Separation
Minimum Distance Separation
(MDS) 1 is applicable to new residential development proposing to locate in
proximity to livestock facilities or manure storage facilities. MDS is not applicable to other types of
agricultural operations. The applicant has provided an assessment of nearby
properties and potential livestock facilities and manure facilities. The conclusion is that the rear of the proposed
Lot 13, in Phase 1 of the subdivision lies partially within the MDS 1 of a
nearby horse farm located on Fernbank Road.
As a result, site specific zoning requirements for setback are required
as a condition of approval. The lot has
more than the minimum lot area to permit residential development to be located away
from the potential area of influence of the agricultural operation.
Servicing
Servicing will be
addressed in detail through the subdivision final approval process and will occur
on private wells and septic systems. The
Hydrogeologic and Terrain Analysis Report has been filed and supports the
proposed number and size of lots on private services and recommends the private
wells be drilled into the lower bedrock aquifer (Nepean). Any lack of overburden will need to be
addressed through the final approval of the subdivision as well as site
specific septic permits.
Zoning By-law
The requested zoning is Rural Residential (RR) with
exceptions as required by the subdivision draft approval conditions. The exception for Lot 13 in Phase 1 of the
subdivision is to limit the rear yard setback such that the building and
development envelope on the lot lies outside of the MDS of the adjacent
equestrian farm. The other exception is
to ensure that there is a no development area at the rear or westerly lot line
of lots that are closest to the Limestone Resource Area, those being Lot 40 in Phase
1 and Lots 1 through 14 in Phase 2 of the subdivisions.
There is a small block in Phase 1, backing onto
8293 Flewellyn Road which will be merged with that property and remain zoned
Rural Countryside.
The Rural Residential zone is an appropriate
zone as it contemplates a minimum 0.8 hectare lot with residential uses as the
main use. In addition, the exception
zones ensure the lot development will remain consistent with the Provincial
Policies and Official Plan policies for mineral aggregates and agricultural
uses.
Concurrent Application
The property is subject to two draft approved
subdivisions applications under file numbers D07‑16-09-0026 and
D07-16-09-0027.
RURAL IMPLICATIONS
The zoning will implement conditions of the
subdivision draft approvals to ultimately permit the development of 77 new
rural residential lots.
CONSULTATION
Notice of this application was
carried out in accordance with the City's Public Notification and Consultation
Policy. Some concerns were expressed as
noted in Document 3.
COMMENTS BY THE WARD
COUNCILLOR(S)
The Ward Councillor is aware of the application
and has expressed no objections.
LEGAL IMPLICATIONS
There are no legal implications associated with
this report, however, if Council approves the report and an appeal is brought
before the Ontario Municipal Board it is anticipated that a hearing will take
approximately two days and utilize internal resources. Should Council not
approve the report, it is anticipated that outside planning and transportation
expert witnesses will be retained at a cost of approximately $55,000-$65,000
for a two day hearing.
RISK
MANAGEMENT IMPLICATIONS
There are
no risk management implications.
FINANCIAL IMPLICATIONS
There
are no direct financial implications. If Council approves the report, and an
appeal is brought before the Ontario Municipal Board, staff resources will
defend Council’s position. However, should Council not approve the report, it
is anticipated that outside planning and transportation expert witnesses will
be required to be retained at a cost of approximately $55,000-$65,000 for a two-day
hearing. Funds are not available from within existing resources and the expense
would affect Planning and Growth Management’s 2012 operating status.
ACCESSIBILITY
IMPACT
There are no accessibility implications associated
with this report.
ENVIRONMENTAL IMPLICATIONS
Environmental
implications with respect to the quality and quantity of ground and surface water
are being addressed through the subdivision draft approval conditions for final
approval. Identification of existing
vegetation and habitat occurred through the subdivision draft approval process
and retention and protection is being implemented through conditions as well.
TECHNOLOGY IMPLICATIONS
There are no direct technical implications
associated with this report.
CITY STRATEGIC PLAN
The
zoning for the 77 new rural lots will facilitate the development of the
subdivision that will meet the Strategic Plan Objective EP3 in supporting the
local economy and also will pursuant to objective ES2 work to protect the
natural systems and thereby met the ES3 objective of reducing the environmental
impact of the development.
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 timing of
the receipt of comments and the Committee meetings dates.
SUPPORTING DOCUMENTATION
Document 1 Location
Map
Document 2 Details
of Recommended Zoning
Document 3 Consultation
Details
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 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
1.
Rezone
the subject properties as shown in Document 1 such that:
a.
Area
A is rezoned from RU to RR;
b.
Area
B is rezoned from ME2 to RR
c.
Area
C is rezoned from RU to RR[XXXr];
d.
Area
D is rezoned from ME2 to RR[XXXr]; and,
e.
Area E is rezoned from ME2 to RR[XXYr].
2.
Amend
Section 240 – Exceptions of By-law 2008-250 to create an exception, RR[XXXr], ,
that includes in effect the following:
In Column V
“- minimum
rear yard setback: 50 m”.
3.
Amend
Section 240 – Exceptions of By-law 2008-250 to create an exception, RR[XXYr], ,
that includes in effect the following:
In Column V
“- minimum
westerly interior yard setback: 50 m”.
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. No public meetings for the zoning application
were held.
COMMUNITY ORGANIZATION COMMENTS
Comment: Country Club Village Residents have a
particular interest in those developments proposed for lands close by to our
community but the Flewellyn Zoning is also of interest in that it promises to
add significant numbers of residents in the area and will result in more traffic
and demands for services.
Response: Based on a review of the proposal at
the time of the application for the two plans of subdivision no concerns were
found by City transportation staff with respect to demands on existing roads and
intersections.
ADVISORY COMMITTEE COMMENTS
Ottawa Forests and Greenspace Advisory
Committee
Comment:
Given clear strategic guidance from the Official Plan to not allow
dwellings near a Limestone Resource Area, the City has approved two
subdivisions within the 500 metre recommended buffer.
Response:
The Official Plan does contemplate some development within adjacent lands
provided it would not impact the use of the resource and the resource
extraction would not impact the residents.
Comment:
Conditions on the subdivision must reinforce the implementation and
enforcement of mitigation measures proposed for the subdivisions, including
proposed rear yard setbacks for lots 13, 14 and 40 (Phase 1) and Lots 1-14
(phase 2).
Response:
The exception zones proposed have been tailored to address those concerns.
Comment:
If the LRA (Limestone Resource Area) is considered for development, OFGAC
requests that it be consulted on the application, given the proximity of the
site to a Provincially Significant Wetland.
Response:
Applications are circulated to Advisory Committees.
Comment:
OFGAC supports the mitigation measures outlined in the Environmental
Impact Statement and Tree Conservation Report prepared by Muncaster
Environmental Planning Inc, including designing with nature by placing homes on
the least treed portions of the lots.
Response:
The report is to be implemented through the subdivision process.
Comment:
Significant trees worth retaining on specific lots are outlined on page
19 of the tree conservation report and should be protected.
Response:
The tree conservation report is being implemented through the draft approval
conditions.
Comment:
The on-site rural natural feature must be retained as much as possible
to allow for wildlife connectivity and to protect the city’s tree canopy.
Response: Future owners are being encouraged to
preserve trees along property lines and the areas of significant tree cover
through the conditions of draft approval.
Comment:
The specific best practices and mitigation measures to protect the
critical root zones of trees during construction and back yard hard landscaping
be a requirement of the sales agreement and deed of sale.
Response:
Owners are being notified of tree preservation matters through purchase and
sale agreements.
Comment:
As stipulated in the OP Section 4.7.2 Policy 1.g. - Ensure that the
proponent provides a reference document for future residents on the importance
and care of trees on their property.
Response:
Distribution of Handbooks on conservation of trees is a requirement in the
draft conditions of subdivision approval.
Comment:
In accordance with the assessment undertaken by Aercoustics Engineering
Ltd and by on the noise impacts of potential future quarry operation in the
Limestone Resource Area (LRA), appropriate warning clauses should be included
in the subdivision agreement and on title for all lots to inform purchasers of
the existence of the LRA and the potential that a quarry operation will be
established.
Response:
It is not likely that a quarry will establish in proximity to the site due to
the size and configuration of the resource as well as its impact on the abutting
large and provincially significant wetland.
Without the specific details of a licensed quarry we cannot implement
noise conditions on title.
Comment:
Noise control measures will have to be put in place to ensure that a
potential future quarry operation would comply with the Ministry of the
Environment noise guidelines at the residences in the subdivision.
Response: This would be addressed through a quarry
licensing process.