Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

1 April 2005 / le 1 avril 2005

 

Submitted by/Soumis par :  Ned Lathrop, Deputy City Manager / Directeur municipal adjoint

Planning and Growth Management / Urbanisme et Gestion de la croissance  

 

Contact Person/Personne ressource : Grant Lindsay, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca

 

Kanata (4)

Ref N°: ACS2005-PGM-0113

 

 

SUBJECT:

ZONING - 800 Second line road (D02-02-05-0009)

 

 

OBJET :

ZONAGE - 800, Chemin second line

 

 

REPORT RECOMMENDATION

[U1] 

That the Planning and Environment Committee recommend Council approve an amendment to the former City of Kanata South March (Morgan's Grant) Community Zoning By-law 161-93 to change the zoning of 800 Second Line Road from Residential Type 1 "R1A" and Open Space "OS" to Open Space Type 1 "OS1" as shown in

Document 1 and detailed in Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement recommande au Conseil d'approuver une modification au Règlement de zonage 161-93 de l'ancienne Ville de Kanata relatif à la communauté de South March (Morgan's Grant) afin de changer le zonage du 800, chemin Second Line de « résidentiel type 1A (R1A) » et « espace ouvert (OS) » à « espace ouvert Type 1 (OS1) », tel qu'il est présenté dans le document 1 et détaillé dans le document 3.

 

BACKGROUND

[U2] 

The subject property is located at the southeast corner of the future Terry Fox Drive and the Second Line Road allowance.  The lands are located on the southern limit of the South March (Morgan's Grant) Community, as shown on the Location Map in Document 1. 

 


The lands comprise an area of 7.527 hectares and are considered part of Trillium Woods.  The Trillium Woods lands are considered to be a significant area both in terms of vegetation and bedrock outcrops and are located within the South March Highlands Life Science Candidate Area of Natural and Scientific Interest (ANSI).

 

The City Initiated Zoning By-law amendment is to rezone lands from existing Residential Type 1A "R1A" and Open Space "OS" Zones to a solely Open Space Type 1 "OS1" Zoning designation.

 

The Ontario Municipal Board issued a decision on December 12, 2002, granting development approval on the privately owned lands.  The Board approved and implemented the current "R1A" and "OS" zoning on the subject lands.  The Plan of Subdivision approved by the Board permitted 54 single detached dwelling units with two Open Space blocks. 

 

Following this Order by the Board, City staff met with representatives from Minto in 2003 to discuss options for acquiring the Trilluim Woods lands.  This resulted in a land exchange whereby these lands were exchanged with lands the City owned in the same general area as the Trillium Woods lands.  The exchanged lands are located at the northwest corner of March and Klondike Roads (821-835 March Road).  The site, that was subject to the exchange, consists of 5.687 hectares of vacant land.

 

DISCUSSION

 

The Provincial Policy Statement

 

According to Ministry of Natural Resources' Natural Resource Values Information System (NRVIS) data, the subject land is situated within South March Highlands Life Science Candidate Area of Natural and Scientific Interest (ANSI).  NRVIS data also indicates that the parcel is situated within White-tail deer wintering yard.  This wintering yard is considered significant habitat in accordance with the Provincial Policy Statement. The proposed change in zoning will afford greater protection to natural heritage features.

 

City Council Approved Official Plan

 

The City Council Approved Official Plan, designates the subject land as  "Urban Natural Features" and this designation applies to Trillium Woods in their entirety.  Land of this designation provides a valuable contribution to biodiversity and wildlife habitat in urban areas, and it is the intention of this designation to preserve natural features that are currently managed for conservation or passive leisure activities.  Policies of Sub-section 3.2.3 "Urban Natural Features" of the Official Plan permit uses that do not adversely affect the natural characteristics of the area, including open air recreation.  The proposed Zoning By-law amendment to "OS1" is compatible with this designation and will increase the level of protection to significant and sensitive features located on site since current zoning includes Residential development. 

 

Portions of the City Council Approved Official Plan are in effect, however the Urban Natural Features policies are under appeal.  Therefore, this application is subject to the policies of the former Regional Official Plan and former City of Kanata Official Plan.

 

Former Regional Official Plan (ROP) Designation

The property is also designated "Natural Environment Areas-A" in the former Regional Official Plan.  This Natural Environment Area designation is intended to protect significant natural areas of such high quality that the intrusion of development would pose a severe risk to their continued health.  Land acquired in "Natural Environment Areas-A" is to be used for the protection and enhancement of natural features.  The acquisition of these lands has lead to the consolidation of lands already in public ownership.  The proposed zoning to "OS1" is compatible with this Official Plan designation and the public ownership of the land is consistent with the intent of this "Natural Environment Areas-A" designation.

 

Former Kanata Official Plan

 

The former City of Kanata Official Plan designates the subject land as "Natural Environment Area". Lands in this designation possess a high environmental value, are ecologically significant or have some special characteristics that require protection from urban development.  The proposed zoning to "OS1" is compatible with this designation and will increase the level of protection to significant and sensitive features, notably the wildlife, landforms and vegetation.

 

Zoning By-law Amendment

 

The City is seeking to implement the restricted "OS1" zoning which permits a conservation use, a public park and a public use that is accessory to conservation or recreational uses. Residential uses are prohibited in the "OS1" Zone.  The proposed Zoning By-law amendment will implement existing "OS1" zoning provisions and existing permitted uses, as described above.  This change in use will allow for the protection, enhancement and long-term preservation of the Trillium Woods. 

 

Conclusion

 

The City has come to acquire these lands through a land exchange option. This report recommends that the proposed Zoning By-law amendment application be approved based on consistency with the Provincial Policy Statement and conformity with all applicable Official Plans and Planning policies, which recognize the environmental value of the subject lands.

 

ENVIRONMENTAL IMPLICATIONS

 

The subject land is situated within the South March Highlands Life Science Candidate ANSI.  This parcel is situated within White-tail deer wintering yard, which is considered significant habitat in accordance with the Provincial Policy Statement and vegetation and bedrock outcrops are located on these lands.  The proposed change in zoning will afford greater protection to these natural heritage features.

 


CONSULTATION

[U3] 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. An information sign was posted on-site indicating the nature of the application.  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.  Detailed responses to the notification/circulation are provided in Document 4.

 

FINANCIAL IMPLICATIONS

 

N/A

 

APPLICATION PROCESS TIMELINE STATUS

 

This application processed within the "On Time Decision Date" established for the processing of Zoning By-Law amendment applications.

 

SUPPORTING DOCUMENTATION

[U4] 

Document 1      Location Map

Document 2      Explanatory Note

Document 3      Details of Recommended Zoning

Document 4      Consultation Details

 

DISPOSITION

 

Department of Corporate Services, Secretariat Services to notify All Signs, 8692 Russell Road, Navan, ON, K4B 1J1; The Mississippi Valley Conservation Authority c/o Craig Cunningham, Box 268, Lanark ON, K0G 1K0; The Greenspace Alliance of Canada's Capital c/o Amy Kempster, P.O. Box 55085, 240 Sparks Street, Ottawa ON, K1P 1A1; and, the Program Manager, Assessment, Department of Corporate Services of City Council’s decision.

 

Planning and Growth Management Department to prepare the implementing By-law, forward to Legal Services Branch and undertake the statutory notification.

 

Department of Corporate Services, Legal Services Branch to repeal the Marchwood/Lakeside (Kanata Lakes) Community Zoning By-law 167-93 for the subject lands. (This site is currently identified in two parent Kanata Zoning By-laws, namely the northern limit of the Marchwood/Lakeside (Kanata Lakes) Community Zoning By-law 167-93 and the southern limit of the South March (Morgan's Grant) Community Zoning By-law 161-93).

 

Department of Corporate Services, Legal Services Branch to repeal By-law 2004-342 as it applies to the subject lands.  (The By-law 2004-342, which pertains to the KNL Developments Ltd. development applications, is currently under appeal. Due to the logistical error noted above with respect to the inclusion of the subject lands in Zoning By-law 167-93, these lands were further, and inadvertently, included in By-law 2004-342).

 

Department of Corporate Services, Legal Services Branch to forward the implementing By-law to City Council.


LOCATION MAP                                                                                                         Document 1


EXPLANATORY NOTE                                                                                               Document 2

 

EXPLANATORY NOTE TO BY-LAW 2005-X

 

By-law Number 2005-X amends South March (Morgan's Grant) Community Zoning By-law 161-93 of the former City of Kanata.  The amendment affects the property at 800 Second Line Road, which is located at the southeast corner of the future intersection of Terry Fox Drive and the Second Line Road allowance, on the southern limit of the South March (Morgan Grant's) Community, as  shown on the attached Location Map in Document 1.

 

The application is to rezone the subject property from Residential Type 1A "R1A" and Open Space "OS" Zones to Open Space Type 1 "OS1" Zone.  Current Residential zoning permits fully-detached dwellings and Type A and B Group Homes.  The proposed Zoning By-law amendment will permit a conservation use, a public park and a public use accessory to conservation or recreational uses and the proposed zoning will implement existing "OS1" Zoning provisions.  Residential uses are prohibited in this "OS1" Zone. 

 

The proposed change in zoning is consistent with the Provincial Policy Statement, and supports the intent of the Council approved City of Ottawa Official Plan, the former Regional Official Plan and the former City of Kanata Official Plan.  

 

For further information, please contact Kerrie Engler at 580-2424 ext. 19307.

 

 


DETAILS OF RECOMMENDED ZONING                                                              Document 3

 

That the lands indicated below be rezoned as follows:

That the property located at the southeast corner of the future Terry Fox Drive and the Second Line Road allowance be rezoned from existing Residential Type 1A (R1A) and Open Space (OS) to Open Space Type 1 (OS1) zoning designation.


CONSULTATION DETAILS                                                                                       Document 4

 

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. 

 

PUBLIC COMMENTS[U5] 

 

N/A

 

TECHNICAL/AGENCY COMMENTS

 

The Mississippi Valley Conservation Authority has reviewed the application for concerns pertaining to natural heritage, natural hazards, water quality and water quantity.  MVCA believes the proposed change in zoning will afford greater protection to the natural heritage features. This Agency has no objection to the approval as currently proposed.

 

The Greenspace Alliance of Canada’s Capital is in support of the application.

 

COUNCILLOR’S COMMENTS

Councillor Feltmate has provided concurrence with this Zoning By-law amendment application.  She is in support of City initiated efforts to protect and acquire lands containing natural heritage features. Councillor Feltmate believes the Trillium Woods lands have high environmental value and supports the City initiated efforts to afford greater protection, restoration and enhancement to the land forms, vegetation and wildlife in this area.

 


 [U1]For applications that do not require a map

 [U2]Should include general background, purpose of zoning, amendment, existing zoning and proposed zoning , headings are optional.

 [U3]If there are no objections…

 [U4]Include the documents that are applicable to this report

 

 [U5]Summarize the public notification and consultation undertaken.