5. ZONING - 965 RIVER ROAD

ZONAGE - 965, CHEMIN RIVER

COMMITTEE RECOMMENDATION

That Council approve an amendment to the former City of Gloucester Zoning By-Law to change the zoning of 965 River Road from Agricultural General (Ag) to Residential Estate (Re 2) and Open Space (OS) to permit the development of single unit residential lots and flood or erosion control facilities as shown in Document 2.

RECOMMANDATION DU COMITÉ

Que le Conseil approuve une modification au Règlement de zonage de l'ancienne Ville de Gloucester en vue de remplacer la désignation de zonage Agricole général (Ag) du 965, chemin River par les désignations Domaine résidentiel (Re 2) et Espace libre (OS) afin de permettre l'aménagement de lots résidentiels pour habitations unifamiliales et d'installations de lutte contre les inondations ou l'érosion, comme il est indiqué dans le document 2.

Documentation

1. Development Services Department General Manager’s report dated 8 October 2003 (ACS2003-DEV-APR-0222).

2. Extract of Draft Minutes, 23 October 2003.

Report to/Rapport au :

Planning and Development Committee

Comité de l'urbanisme et de l'aménagement

and Council / et au Conseil

8 October 2003 / le 8 octobre 2003

Submitted by/Soumis par : Ned Lathrop, General Manager/Directeur général,

Development Services/Services d'aménagement

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310, Karen.Currie@ottawa.ca

Ref N°: ACS2003-DEV-APR-0222

SUBJECT:	ZONING - 965 RIVER ROAD (FILE NO. OZP2002-0134

OBJET :	ZONAGE - 965, CHEMIN RIVER (DOSSIER N^o ozp2002-0134)

REPORT RECOMMENDATION

[U1]

That the Planning and Development Committee recommend Council approve an amendment to the former City of Gloucester Zoning By-Law to change the zoning of 965 River Road from Agricultural General (Ag) to Residential Estate (Re 2) and Open Space (OS) to permit the development of single unit residential lots and flood or erosion control facilities as shown in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l'urbanisme et de l'aménagement recommande au Conseil d'approuver une modification au Règlement de zonage de l'ancienne Ville de Gloucester en vue de remplacer la désignation de zonage Agricole général (Ag) du 965, chemin River par les désignations Domaine résidentiel (Re 2) et Espace libre (OS) afin de permettre l'aménagement de lots résidentiels pour habitations unifamiliales et d'installations de lutte contre les inondations ou l'érosion, comme il est indiqué dans le document 2.

BACKGROUND

[U2]

This property is located east of River Road, west of Spratt Road, one lot north of Mitch Ownes Drive (former Regional Road 8), and two lots south of Rideau River Road. This is a vacant field used for hay and other cultivation having an area of approximately 74 hectares. The Heb Gordon Municipal Ditch is located in the southeast corner of the site. Surrounding area development consists of detached residential and agriculturally zoned fields.

Purpose of Zoning By-law Amendment

[U3]

The purpose of this Zoning By-law Amendment is to re-zone the site from Agricultural General (Ag) to Residential Estate (Re 2) and Open Space (OS) to permit the development of single residential lots, and flood or erosion control facilities. The applicant has also applied for the subdivision of this property to accommodate 74 single residential lots having private well and septic services. The subdivision will have vehicular access from both River Road and Spratt Road. The OS zone is being proposed at the southeast corner of the property to protect the function of the Heb Gordon Municipal Ditch area.

DISCUSSION

This application was received prior to April 23, 2003, and, as such, is subject to existing municipal policies prior to that date.

Former Regional Municipality of Ottawa-Carleton Official Plan

This property is designated as General Rural Area in Schedule "A" of the Rural Policy Plan. The intent the General Rural Area is allow non-farm related uses on lands considered to have less resource potential that other parts of the rural area. The plan permits residential development to occur on larger country estate lots having a minimum area of 0.8 hectares.

Former City of Gloucester Official Plan

The lands are designated as Limited Development on Land Use Schedule "A5" in the former City of Gloucester Official Plan. This designation permits country lot development to occur through a plan of subdivision provided it is deemed to be compatible with surrounding area land uses and appropriate hydrogeological and geotechnical studies support proposed development.

The Zoning By-law amendment has been reviewed in conjunction with the subdivision application and was determined to comply with the above policies. Draft conditions of subdivision approval will ensure a comprehensive private service review by the appropriate approval authorities prior to development proceeding.

ENVIRONMENTAL IMPLICATIONS

The Rideau Valley Conservation Authority has reviewed the zoning and subdivision applications and have no objections to these applications proceeding for approval. Issues relating to the municipal drain and the adjacent floodplain area have been dealt with though draft conditions of subdivision approval.

RURAL IMPLICATIONS

[U4]

Area residents raised a concern with respect to this development's impact on water quality and quantity for existing residential wells. A hydrogeological study submitted with the subdivision application the lands subject to the rezoning can support residential estate lot development. The subdivision will require the area's water quality to be monitored in a phased build out of the subdivision.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Information signs were posted on-site indicating the nature of the application. The Ward Councillor is aware of this application and the staff recommendation.

[U5]

Detailed responses to the notification/circulation are provided in Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed within the timeframe established for the processing of Zoning By-Law amendments due to the fact that the application was placed on hold for additional file information and clarification regarding the proponent's representation.

SUPPORTING DOCUMENTATION

[U6]

Document 1 Location Map

Document 2 Zoning Map

Document 3 Consultation Details

DISPOSITION

Department of Corporate Services, Secretariat Services to notify the owners Wilma Booth, P.O Box 57, Manotick, ON, K4M 1A2, Harold Keenan, P.O Box 57,Manotick, ON, K4M 1A2, Donald Booth, P.O Box 57, Manotick, ON, K4M 1A2 and 1514658 Ontario Limited, c/o Westwood Developments, 28 Concourse Gate, Suite 203, Ottawa, ON, K2E 7T7, All Signs, 8692 Russell Road, Navan, ON K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council's decision.

Development Services 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 forward the implementing by-law to City Council.

LOCATION MAP Document 1

DETAILS OF RECOMMENDED ZONING Document 2

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. A public information meeting was held on September 4, 2004 where a number of issues relating to this development's impact on local traffic, the potential hazard of construction vehicles along River Road, and storm and well water qualities were raised.

SEPTEMBER 4, 2004 - PUBLIC MEETING COMMENTS

[U7]

Summary of Comments

A number of the comments received were similar to those express by the Ward Councillor and the local Community Association which have been respond to below. The following are summarized additional comments received as a result of the Public Information Meeting:

1. This rezoning does not conform to the Official Plan passed in May of this year.

2. Keep construction vehicles off of River Road.

3. Proper lighting should be a obligation for development approval on River Road and Spratt Road.

4. Is there a plan to widen River Road?

[U8]

Response

1. As part of City Council adopting the new Official Plan, Council also approved a policy instructing staff to review development applications currently in process based on former municipal policies. This application was received prior to the adoption of the new Official Plan.

2. This was primarily a safety concern based on the conflict between construction vehicles and heavy volumes of local traffic. This concern has been address through a condition of subdivision that will require the construction turning lanes on River Road at the commencement of the subdivision's internal road works.

3. The City standard requires all street intersections to be lit for Residential Estate Lot development. This means that the subdivision's access points along River Road and Spratt Road will require street lighting.

4. There are no immediate plans to widen River Road, however, the Owner will be required to convey land for a future road widening measuring 15.0 metres from the centreline of the pavement along the River Road frontage as a condition of subdivision approval.

COUNCILLOR’S COMMENTS

[U9]

Councillor Diane Deans provided the following comments:

1. Has the applicant produced the following studies:

a Serviceability Study

a Traffic Impact Study

a Tree Planting and Land Conservation Plan

an Environmental Impact Study

2. Residents have expressed concerns that the 74 septic systems proposed will have an adverse effect on the properties to the west since the substructure of the proposed development slopes west towards the Rideau River. Has the consultant addressed this concern?

3. Has the consultant's review determined if the aquifer capacity is sufficient to serve additional housing?

4. Is the applicant required to clean up and improve the municipal drainage ditches?

5. Will the applicant be required to install a traffic signal at the intersection of the new development road and River Road?

6. At the December 17, 2002 public meeting, residents asked if the development site would have adequate parkland.

7. What landscaping features will be included along River Road at the entrance to the new development?

8. Residents were advised that the site plan would maintain the rural features of the land. Will this be accomplished in the plan?

9. Has the Rideau Valley Conservation Authority provided comments on the proposal?

10. Please ensure that the buffer zone remains between the proposed development and the private property at 5474 Spratt Road.

11. Can River Road handle an increase in volume?

12. Will the applicant be required to construct an additional lane, both north and south on River Road to allow access/egress with the development site?

[U10]

Response

1. These studies have been submitted in a preliminary form with further detailed analyses required to be provided after Draft Plan of Subdivision Approval.

2. A Preliminary Terrain Analysis and Hydrogeological Study was submitted with the subdivision application that recommended the usage of raised leaching beds. This study also concluded that by employing this methodology of waste treatment there would be no adverse effect on neighbouring properties for water quality.

3. An amended Hydrogeolocial Study to reflect addition test wells being drilled found there existed water yields more than what would be required for typical residences. Additionally, this subdivision will proceed in two phases and, as a condition for the second phase development, a follow-up Hydrogeolocial Study will be required to reconfirm the existence of an adequate surrounding area supply of water.

4. The extent of the works for the cleaning up of the municipal ditch will be determined in the finalization of the subdivision's Storm Water Management Plan.

5. A Traffic Impact Analysis will be required by the subdivision to determine what traffic control measures will be required at this intersection.

6. The general policy direction for Residential Estate Lots is for cash-in-lieu of parkland dedication with the rationale that the oversized lotting will provide for adequate greenspace and private play areas. As such, it is staff's position that taking of cash-in-lieu of parkland for development off-site parkland is appropriate to be used for park development servicing the broader community.

7. Additional planting to the satisfaction of the City will be required along River Road as a condition of draft subdivision approval.

8. A Tree Preservation Plan is required as a condition of draft subdivision approval that will ensure significant pockets of existing vegetation will be retained thereby maintaining the existing landscape of the terrain. The subdivision will require that the lots be no less than 0.8 hectares in size in an effort to maintain a rural setting.

9. The Rideau Valley Conservation Authority has reviewed this application and has provided comments that will be incorporated in the conditions of Draft Subdivision approval.

10. This buffer will be zoned to an Open Space designation with the subdivision requiring that this buffer remain undisturbed by its owners.

11. Given the limited size of this development, staff anticipates that this development will have a minimal impact on the adjacent roads.

12. The Owner is required to construct the intersection at River Road with left turn lanes and right turn tapers to the satisfaction of the City.

COMMUNITY ORGANIZATION COMMENTS

[U11]

Riverside South Community Association

The Riverside South Community Association provided the following comments:

1. This new subdivision will create additional traffic on already crowded River and Limebank Roads. The traffic assessment that will be performed must look at the impact to traffic on River and Limebank Roads as far North as Hunt Club, and also include the effects of already planned, but not yet built, developments in the south end east of the Rideau River. In fact, in November 2002 the "Riverside South Development Status and City Context Report" prepared by FoTenn Consultants Inc. et. al. states that "…there is virtually no spare capacity available today on River Road north of Limebank Road in the a.m. peak hour…", and further states that "…there will be severe congestion on River Road during peak periods until the proposed 4-laning has occurred."

Clearly this development will exacerbate the problem and consideration should be given to moving these infrastructure improvements forward to support these new developments.

2. Construction traffic travelling to and from this subdivision via River Road could represent a road safety hazard. Alternate access points, alternate routes (such as allowing only right turns in or out of the subdivision for construction traffic), or modifications to River Road should be considered to prevent potentially dangerous situations.

3. Concerns were expressed at the meeting about new developments and the associated increase in runoff causing green sludge on the shorelines further down the river. While it was stated that it is City of Ottawa policy to require new developments to be runoff-neutral (meaning no increase in runoff compared to the land in its initial state), it was unclear that steps were being taken by the developer to ensure this will be the case.

Response

1. It is estimated that generated traffic volumes to/from (both directions) the site will be approximately 55 and 75 in the a.m. and p.m. peak hour respectively. During the off peak hours, traffic volumes generated from the site will be much less. Considering that these volumes will be distributed to the north and south via River Road and Spratt Road together with existing traffic volumes, it is assumed that the development will have a minimal impact on the adjacent roads. Additionally, there are a number of road projects underway within this area. These include extension of Spratt Road to Limebank Road and modifications to the Spratt/Limebank intersection, upgrades to the section of Armstrong Road from east of Shoreline Drive to Limebank Road. Further, the Transportation Master Plan has identified plans to widen Riverside to 4 lanes from Hunt Club Road to Limebank Road, and plans to widen Armstrong Road to 4 lanes, all by 2008 to accommodate the increased traffic in the area. It should be noted that Limebank Road is planned to be widened to 4 lanes by 2013.

2. The Owner is required to construct the intersection at River Road with left turn lanes and right turn tapers to the satisfaction of the City. These works have been required as part of the initial construction of the subdivision road network.

3. A Preliminary Terrain Analysis and Hydrogeological Study was submitted with the subdivision application that recommended the usage of raised leaching beds. This study also concluded that by employing this methodology of waste treatment there would be no adverse effect on water quality for neighbouring properties nor the water quality of the Rideau River. The findings of this study have been accepted by the Rideau Valley Conservation Authority.

[U12]

Old Mill Run Community Association (Unregistered)

The Old Mill Run Community Association is opposed to the rezoning for the following reasons:

1. Lack of a study to analyze the effect of 74 new wells & septic systems on water quality.

2. Storm sewers should be use for drainage to provide protection from possible polluted stagnant water in roadside ditches (West Nile virus).

3. What is the plan with respect to fire protection for a subdivision without fire hydrants?

4. The environmental impact on existing creek serving as a habitat for birds and other wildlife.

5. The access to and amount of addition traffic on River Road will result in more accidents.

6. There is a lack of local schooling and the issue of busing children.

Response

1. A Hydrogeological Study was submitted with the subdivision application that confirmed the existence of an adequate supply of water for the development to proceed without negatively impacting on area water quality.

2. The storm water and drainage plan that will be finalized prior to the registration of the subdivision will be engineered is such a way that extended ponding of water for more that two to three days will not occur in the subdivision's ditches.

3. In the case Residential Estate Lots, water tanks are typically trucked in for fire fighting.

4. The environmentally sensitive area will be zoned "Open Space" with the subdivision requiring that this buffer remain undisturbed.

5. The increase in traffic resulting from the development of this subdivision will be minimal and the design of River Road intersection will comply with City standards that will include a left turning lane and right turning tapers.

6. The school boards have been circulated the zoning application and have no objections to the City approving the application.

ZONING - 965 RIVER ROAD

ZONAGE - 965, CHEMIN RIVER

ACS2003-DEV-APR-0222 GLOUCESTER-SOUTHGATE (10)

Chair Hunter began by reading a statement required under the Planning Act, which advised that anyone who intended to appeal this proposed Zoning By-law Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB.

Colin White, Program Manager, Development Review (South), provided a succinct presentation on behalf of Prescott McDonald, the project planner on the application, and was available to respond to any questions on departmental report dated 8 October 2003.

Councillor Cullen received confirmation this is estate lot development consistent with the current ROP, the Gloucester OP, but would be discouraged in the new OP. The Councillor went on to state the application was completed before the new OP was adopted and as such, was legally before Committee.

The Committee heard from the following delegations:

James R. McIninch, Solicitor for Rita and Marthe Baizana, owners/residents on Spratt Road, which abuts the lower right-hand corner of the subject lands. This matter was before the OMB in 2001, with his clients as appellants under the Gloucester Zoning By-Law as well as the City. The appellants were successful at the Board and the Zoning By-Law, which would have permitted one acre estate lots, was repealed by the Board. The current Draft Plan of Subdivision provides for a 7.88 ha. block, Block 75, which abuts his client’s property and captures the creek and the municipal drain. The draft Zoning By-Law Amendment before the committee proposes to zone that block, shown as Area B on the zoning map Open Space. His clients support that and are very anxious and encouraged that zoning will be maintained, which precludes residential development in close proximity to their lands. As well as residing on these premises, they also operate a dog kennel and it was the adverse impact consideration that brought them into the process in 2001. He respectfully submitted that Area B will be preserved as open space in the Committee recommendation to Council.

Jim Burke did not oppose the development of this land, but did oppose the approval of the development based on preliminary reports. As a resident of Knot Crescent, located on the west side of the proposed area, he indicated there is a slope from Area A to the water line that clearly raises issues on drainage and water quality. These issues were raised at the last forum regarding this development, along with the studies undertaken and the protection thereof, with the proposed erection of the 75 new homes.

There has been no assurance of the impact on existing communities that surround that development. More information should be forthcoming on these studies to allow for an informed decision.

Chair Hunter indicated that preliminary is just that. Each lot must prove there is adequate water supply available without impinging upon the water supply of others and there has to be a drainage plan. These are important matters of subdivision approval, but the subdivision agreement is not before Committee. The Chair asked staff to outline the process, if the zoning is approved and what assurances are in place for Mr. Burke, which was provided by Ms. Currie and Mr. Morrison.

Responding to further questions by Mr. Burke, Chair Hunter clarified that Subdivision Approval is delegated to staff and suggested he contact the RVCA to ensure they were aware of his concerns. Ms. Currie added that since subdivision approval is delegated to staff, Mr. Burke should contact the planner on file, Prescott McDonald, to ensure those concerns are taken into consideration throughout the process.

Miguel Tremblay, FoTenn Consultants, who represented the four property owners, was available to respond to any questions. Preliminary reports are provided, in particular the preliminary stormwater report, since they are not at the construction stage and those studies will be embellished. The hydrogeology report is a final report and attached to the Purchase and Sale Agreement and will guide development on each lot. Mr. Morrison is correct that it was reviewed by the RVCA and there are no issues with ground water. With respect to any contaminates to off-site wells, the hydrogeology and terrain analysis recommended raised leaching beds to address any potential for contaminants; however, none were raised in the report and that was confirmed when the RVCA reviewed and approved the report. There are some conditions in the draft conditions, which will be released by the City shortly. With respect to drainage, Area B currently accommodates the Herb Gordon Municipal Drain and the intent is for the most part to drain the property back into that facility and they will be embellishing it to some degree. On Councillor Cullen’s inquiries, the application was initially submitted in August 2002, deemed complete in September 2002, well ahead of the new OP policies. The new OP, which is under review by the Ministry, does open the door for limited country lot subdivisions, providing the designation in place at this time accommodate that. Given that the local OP designation is limited development, this subdivision would qualify under the new OP, given its separation from village and urban boundaries. Since this is being processed under ROP policies, there is a policy that states 40 lots can be registered at a time. After the initial 40 lots, the hydrogeology report has to be revised to factor in the effects of those lots on ground water and confirm to the City that future lots, in this case, the remaining 35 lots, have sufficient water along with all adjacent wells. The Regional Policies will protect ground water in this area.

Councillor Cullen understood that under the current ROP and zoning, this is a permitted development, but posited it is low density urban sprawl and precisely why the new OP would not contemplate this. He could not support this inefficient land use with 74 residences in a large area, adding more traffic to River Road. There will be more pressure on the aqueducts, which is why staff recommended and Council did not support this kind of development.

The Committee approved the departmental recommendation.

CARRIED

Councillor Cullen dissented.