Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des affaires rurales

 

and Council / et au Conseil

 

30 March 2012 / le 30 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

 

West Carleton-March (5)

Ref N°: ACS2012-PAI-PGM-0059

 

 

SUBJECT:

ZONING – 1045 spruce ridge road

 

 

OBJET :

ZONAGE – 1045, chemin spruce ridge

 

 

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 1045 Spruce Ridge Road such that a holding symbol (h) is added to the existing zone, as shown in Document 1 and detailed in Document 2.

 

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250, et ce, afin de modifier le zonage du 1045, chemin Spruce Ridge en ajoutant le symbole h (symbole d’aménagement différé) au zonage actuel, comme le montre le document 1 et l’explique en detail le document 2.

 

 

BACKGROUND

The subject land is located on the southwest corner of McGee Side Road and Spruce Ridge Road.  The site is currently vacant, surrounded by residential and rural uses, as well as identified natural features.

 

In September 2011, 1045 Spruce Ridge Road was subject to a severance application through the Committee of Adjustment (D08-01-11/B-00320).  The severance was conditionally approved to permit the conveyance of 72.8 hectares from 1035 Spruce Ridge Road.  A condition of the approval was to establish a holding provision on the subject property.

 

Purpose of Zoning Amendment

 

The purpose of the amendment is to place a holding provision on the property to limit the permitted uses to existing uses until the required studies, as set out by the Committee of Adjustment decision, are completed to the satisfaction of the City.  The required studies are as follows:

 

  1. An Environmental Impact Statement to deal with the Rural Natural Feature, Significant Woodlands and Threatened and Endangered Species issues;
  2. A Geotechnical Assessment to determine the limitations of organic soils;
  3. A Limestone Resource Impact Analysis; and
  4. A hydrogeological evaluation to demonstrate the adequacy of the aquifer with respect to quality and quantity to support the proposed development.

 

The intent of the application is to prohibit development on this parcel until such time as the applicant has demonstrated that a suitable building location can be found that respects environmental, aggregate and health and safety concerns.

 

Existing Zoning

 

The current zoning of the parcel is RU (Rural Countryside) under Zoning By-law 2008‑250.  This zone permits a limited range of rural-based uses including agricultural, forestry, country residential lots created by severance and other land uses characteristic of Ottawa’s countryside.

 

Proposed Zoning

 

The requested zoning amendment proposes to change the subject property from RU to RU[XXXr]-h.  The holding provision will be used to prohibit development including the issuance of a building permit for any structure on the property until such time as an Environmental Impact Statement, a Geotechnical Study and a Limestone Resource Impact Analysis have been undertaken, to identify an appropriate building envelope on the site.  The holding provision will ensure that only existing uses are permitted on the site.

 

 

DISCUSSION

Official Plan

 

According to the Official Plan, the subject land is designated Rural Natural Features Area.  Rural Natural Features are natural areas in the rural area that contain significant woodlands, wetlands, and wildlife habitat.  Any development within or adjacent to these areas must be assessed in terms of its impact on the area’s natural features and functions.

 

The Environmental Impact Statement must demonstrate that there will be no negative impact on the natural features or ecological function of the Rural Natural Features and Significant Woodlands.  These features are important for maintaining biodiversity and ecological functions within the City.

 

The property is located immediately south of a Limestone Resource Area.  The Official Plan stipulates that no development may occur within 500 metres of a Limestone Resource Area unless a Limestone Resource Impact Analysis demonstrates that the mineral aggregate operation, including future expansion in depth or extent, will not be affected by the development and vice versa.

 

Schedule K of the Official Plan also identifies that portions of the property are constrained by organic soils.  The policies of the Official Plan state that a Geotechnical Study must be submitted to demonstrate that the soils are suitable for development.

 

By placing a holding provision on this property until the required studies are submitted, the aforementioned concerns will be addressed.

 

Zoning By-law

 

The site is zoned RU, which accommodates a variety of rural-based uses characteristic of Ottawa’s countryside.

 

The intent of the application is to prohibit development on this parcel until such time as the applicant has demonstrated that a suitable building location can be found that respects environmental, aggregate and health and safety concerns.

 

Staff are confident that the property is sufficiently large that all of these constraints can be satisfied.  The applicant has requested that these studies be deferred until a proponent determines where a dwelling is intended on the 73 hectare property.  This will allow for the studies to be focused on the area affected by development.

 

 

RURAL IMPLICATIONS

The rural environmental area will be protected through the proposed zoning and there will be no rural implications.

 

 

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

The Ward Councillor is aware of this application and the staff recommendation.

 

 

LEGAL IMPLICATIONS

There are no legal implications associated with this report.

 

 

RISK MANAGEMENT IMPLICATIONS

There are no risk management implications associated with this report.

 

 

FINANCIAL IMPLICATIONS

There are no financial implications associated with this report.

 

 

ACCESSIBILITY IMPACT

The report’s recommendations will not have any negative impacts on people with disabilities.

 

 

ENVIRONMENTAL IMPLICATIONS

There are no direct environmental implications associated with this report.

 

 

TECHNOLOGY IMPLICATIONS

There are no direct technical implications associated with this report.

 

 

TERM OF COUNCIL PRIORITIES

The implementation of a holding designation enables the lands to be severed in a sustainable manner.  The Zoning By-law amendment ensures that development will only occur on the lands after environmental and health concerns have been fully addressed.

 

 

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 Agriculture and Rural Affairs meetings.

 

 

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 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

 

Proposed Changes to the Comprehensive Zoning By-law

 

1.         The subject property be rezoned from RU to RU[xxxr]-h.

 

2.         Section 240 of By-law 2005-280 be amended by adding a new exception with provisions having the same effect as the following:

 

- all permitted uses are prohibited until such time as the holding symbol is removed from the land

- the holding symbol cannot be removed until the following are completed to the satisfaction of the City:

an Environmental Impact Statement to deal with the Rural Natural Feature, Significant Woodlands and Threatened and Endangered Species issues;

a Geotechnical Assessment of organic soils is undertaken;

a Limestone Resource Impact Analysis; and

a Hydrogeological Investigation that demonstrates the adequacy of the aquifer with respect to quality and quantity to support the proposed development.