1.             ZONING - 1905 MARCHURST ROAD (1913 MARCHURST ROAD)

 

ZONAGE – 1905, CHEMIN MARCHURST (1913, CHEMIN MARCHURST)

 

 

 

Committee recommendation

 

(This application is not subject to Bill 51)

 

That Council approve an amendment to the former Kanata Residential Zoning By-law (74-79) to change the zoning of 1905 Marchurst Road (1913 Marchurst Road) from Estate Residential (ER) and Agriculture (AGR) to Rural Residential (RR), Rural Residential Exception (RR-x), Rural Residential Exception (RR-xy), Rural Residential Exception (RR-xy-H), Rural Residential Holding Provision (RR-xz-H), Open Space Exception (OS-x), and Conservation Exception (CON-x) as shown in Document 1 and detailed in Document 2.

 

 

Recommandation du Comité

 

(Cette demande n’est pas assujettie au projet de loi 51)

 

Que le Conseil approuve une modification au Règlement de zonage résidentiel (74-79) de l’ancienne Ville de Kanata afin de changer la désignation de zonage du 1905, chemin Marchurst (1913, chemin Marchurst) de zone résidentielle de grand ensemble (ER) et zone agricole (AGR) à zone résidentielle rurale (RR), zone résidentielle rurale assortie d’une exception (RR-x), zone résidentielle rurale assortie d’une exception (RR-xy), zone résidentielle rurale assortie d’une exception (RR-xy-H), zone résidentielle rurale assortie d’une exception avec utilisation différée (RR-xz-H), zone d’espaces libres assortie d’une exception (OS-x) et à zone de conservation assortie d’une exception (CON-x) comme ils est indiqué dans le document 1 et expliqué en détail dans le document 2.

 

 

Documentation

 

1.      Deputy City Manager's report Planning, Transit and the Environment dated
2 April 2007 (ACS2007-PTE-APR-0089).

 

2.      Extract of Minutes 6, Agriculture and Rural Affairs Committee meeting of 12 April 2007.

 

3.      Extract of Draft Minutes 7, Agriculture and Rural Affairs Committee meeting of 26 April 2007.

 


Report to/Rapport au :

 

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

 

and Council / et au Conseil

 

2 April 2007 / le 2 avril 2007

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe

Planning, Transit and the Environment/ Urbanisme, Transport en commun et Environnement

 

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

Development Approvals / Approbation des demandes d'aménagement

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

 

West Carleton-March (5)

Ref N°: ACS2007-PTE-APR-0089

 

 

SUBJECT:

ZONING - 1905 Marchurst Road (1913 marchurst road) (FILE NO. d02-02-05-0088)

 

 

OBJET :

ZONAGE - 1905, chemin marchurst (1913, chemin marchurst)

 

 

REPORT RECOMMENDATION

 

That Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Kanata Residential Zoning By-law (74-79) to change the zoning of 1905 Marchurst Road (1913 Marchurst Road) from Estate Residential (ER) and Agriculture (AGR) to Rural Residential (RR), Rural Residential Exception (RR-x), Rural Residential Exception (RR-xy), Rural Residential Exception (RR-xy-H), Rural Residential Holding Provision (RR-xz-H), Open Space Exception (OS-x), and Conservation Exception (CON-x) as shown in Document 1 and detailed in Document 2.

 

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver une modification au Règlement de zonage résidentiel (74-79) de l’ancienne Ville de Kanata afin de changer la désignation de zonage du 1905, chemin Marchurst (1913, chemin Marchurst) de zone résidentielle de grand ensemble (ER) et zone agricole (AGR) à zone résidentielle rurale (RR), zone résidentielle rurale assortie d’une exception (RR-x), zone résidentielle rurale assortie d’une exception (RR-xy), zone résidentielle rurale assortie d’une exception (RR-xy-H), zone résidentielle rurale assortie d’une exception avec utilisation différée (RR-xz-H), zone d’espaces libres assortie d’une exception (OS-x) et à zone de conservation assortie d’une exception (CON-x) comme ils est indiqué dans le document 1 et expliqué en détail dans le document 2.

 

 

BACKGROUND

 

The subject property is located north of March Road and south of Murphy's Side Road, at 1905 Marchurst Road, in the West Carleton-March Ward.

 

The westerly boundary of the site abuts the unopened road allowance of Huntmar Road.  Further to the west of this unopened road allowance is the Carp Hills Natural Area.  The southern boundary abuts a 0.8-hectare farm retirement lot, a working farm, and an Estate Residential development.  The northern boundary of the site abuts an active farm, while the easterly boundary abuts Marchurst Road.  The site is 58 hectares in size and is currently vacant.  The easterly portion of the site is relatively flat, with only a few trees along the boundary of the property.  The westerly half of the property is flat with rolling hills, treeless areas and several outcroppings of rocks.  Two woodlots are also located on the western portion of the site.

 

The proposed plan of subdivision is for a Rural Residential development, consisting of 48 lots and two residential blocks.  The lots will have a minimum size of 0.8 hectares and a minimum frontage of 60 metres.  A private open space block has been proposed for the development, to be utilized by the residents of the development.  All water and sanitary services will be private.

 

The original proposal submitted to the City was for a 54 residential lot development with a private open space trail network connecting around the perimeter of the site with a 1.3-hectare pond as an entrance feature.  The concepts of the trail network and pond were abandoned and there was a request to allow one lot within the Plan of Subdivision to accommodate for uses that could be accessed and utilized by the residents of the subdivision, such as an assembly hall, common guest house or bed and breakfast establishment and a personal service shop use.  These were minor in nature and evolved out of the subdivision circulation and review process.  The additional or communal uses to the residential subdivision are subordinate or accessory to the function of the subdivision.

 

 

DISCUSSION

 

Official Plan

 

The subject property is designated "General Rural Area" within the Official Plan.  This designation permits a variety of land uses, such as farms, rural housing, wood lots, small industries, golf courses and small clusters of residential and commercial uses.  Country lot subdivisions are considered within the General Rural Area designation subject to a set of development criteria.

 

Details of Current and Proposed Zoning

 

The Zoning By-Law of the former City of Kanata (March Rural 74-79) zones this property "Estate Residential" (ER) and "Agricultural" (AGR).  Both the Estate Residential zone and Agricultural zone permit single detached dwellings, agricultural uses and forestry management uses.  The major difference between these two zones is the land area requirements are much larger for the Agricultural zone (20 hectares) compared to the Estate Residential zone (four hectares).  The applicant wishes to rezone the property to change the zoning of 1905 Marchurst Road from Estate Residential (ER) and Agriculture (AGR) to Rural Residential (RR), Rural Residential Exception (RR-x), Rural Residential Exception (RR-xy), Rural Residential Exception (RR-xy-H), Rural Residential Holding Provision (RR-xz-H), Open Space Exception (OS-x), and Conservation Exception (CON-x) to permit a Rural Residential development on 0.8‑hectare lots.

 

Planning Rationale

 

The subject application has been examined pursuant to the provisions of the Official Plan and all applicable policies have been satisfied.  In accordance with Section 3.7.2 (6) of the Plan, country lot subdivisions will be considered within the General Rural Area designation subject to criteria including, but not limited to, protection of vegetative cover, water and wastewater services, and erosion prevention.  Through required plans and studies the subject application has demonstrated it meets this relevant criteria.

 

In addition to permitting country lot subdivisions, there are four other issues that will ultimately affect the zoning on the subject property.  These four issues are; Residential exceptions, Private Open Space, Buffer Requirements and Minimum Distance Separation Requirements. 

 

Rural Residential Exceptions:

 

The majority of the property will be rezoned from Estate Residential and Agricultural zones to Rural Residential zones.  However, there are four areas that are identified to include Rural Residential Exception zones to permit exceptions to the requested Rural Residential zone. 

 

The exceptions to the Rural Residential zone are located in Areas B, C, D and E within Document 3: 

 

Open Space Exception:

 

The proposed Open Space Exception designation will apply to Area F and Area G in Document 3.  Staff recommend that the proposed private park block be zoned Open Space (OS) – exception zone.  The exception zone will ensure the park is held in private ownership.

 

Minimum Buffer from Carp Ridge:

 

The recommendations to create a "no-touch" setback for the purpose of retaining a natural condition along the west edge of the site (Area J in Document 3), identified in the "Environmental Impact Statement and Preliminary Tree Study", will be implemented through zoning.  A 30-metre buffer within the northwest forest and a portion of the southwest forest, and a 15-metre buffer along the agricultural fields and the existing cleared access road in the central and north portions of the southwest forest will be rezoned from Estate Residential to Conservation Exception zone (CON-x).  The Conservation Exception zone will aid in conserving the natural attributes of the forest and protect the Carp Ridge.  This exception zone shall prohibit any structure and the alteration of the natural environment.

 

Minimum Distance Separation (MDS I):

 

The MDS I report identified barns associated to farm operations on adjacent properties to the north and south that have an impact on the capabilities to develop the subject site.  Minimum Distance Separation calculations exposed a radius of 262 metres from the barns to the north and 180 metres from the barns to the south.  These two calculations are illustrated in Document 4, showing the impact of the MDS policies on adjacent lots.  

 

The MDS I setbacks impact several lots on the proposed Draft Plan of Subdivision.  These lots shall have special designations to identify the restrictive nature of the MDS policies.  Where the MDS arc touches each lot, a holding symbol (H) shall be implemented to prohibit the proposed use.  The areas impacted by the separation requirements are shown in Document 4 and the individual holding designation for each area affected are illustrated in Document 3.

 

 

 

ENVIRONMENTAL IMPLICATIONS

 

The Carp Hills Natural Area is located west of the subject site, with a portion of the forest in the northwest corner of the site to be included in this natural area.  These lands are designated “Natural Environment Area” (NEA) within the Official Plan.  The NEA applies to areas having high environmental value and identifies sensitive areas where development could unduly stress ecological functions and where careful management is required. 

 

The Carp Hills Natural Area was considered to have a high overall significance in the evaluation summary performed as part of the Natural Environment System Strategy by the former Region of Ottawa-Carleton (Brunton, 1997). 

 

An Environmental Impact Statement prepared by Muncaster Environmental Planning Inc., has stated that “indirect impacts could occur on the Carp Hills Natural Area to the west of the site as a result of the construction and operation of the residential development.”  These indirect impacts could include:

 

 

The potential impacts will be mitigated and greatly reduced by the implementation of a 30-metre ‘no-touch’ zone and 15-metre ‘no-touch’ zone located along the western boundary of the subject site and the Carp Hills Natural Area.  This buffer area will prohibit grading and other site alterations.

 

 

RURAL IMPLICATIONS

 

The subject Zoning By-law amendment is not anticipated to adversely impact existing uses within the rural area and is appropriate given the surrounding context.  Abutting the southwest property line of 1905 Marchurst Road is an approved Draft Plan of Subdivision (Land Ark Homes) for 88 lots.  Located north and east of the rezoning are both existing and currently operating farm lots.  To minimize impacts the proposed zoning may have on these lots, Minimum Distance Separation studies were undertaken.  As a result, buffers have been factored into the Zoning By-law amendment to ensure the viability of existing farms is not compromised.

 

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy.  The Ward Councillor is aware of this application and the staff recommendation.

 

Detailed responses to the notification/circulation are provided in Document 5.

 

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

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 significant time allocated to the review and revision of the Hydrogeological Report as well as the resolution in of Minimum Distance Separation issues.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Details of Recommended Zoning (text)

Document 3      Details of Recommended Zoning (map)

Document 4      Details of Recommended Zoning - Holding Symbol

Document 5      Consultation Details

 

 

DISPOSITION

 

Corporate Services Department, City Clerk's Branch to notify the owner (Golden Apple Developments Inc., 50 Mark Ave., Apt 6, Ottawa, ON, K1L 6A7), applicant (Ray Essiambre, Ainley Group, 2724 Fenton Road, Gloucester, ON, K1T 3T7), Signs.ca, 866 Campbell Avenue, Ottawa, ON  K2A 2C5, and Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council's decision.

 

Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

 

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

 


LOCATION MAP                                                                                                  DOCUMENT 1


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 2

 

i) Schedule A of By-law 74-79 to be amended to show that the subject lands shown on Document 3 will be rezoned as follows:

 

Area A - from AGR to RR – Residential Rural Zone

Area B – from AGR to RR-x – Residential Rural Exception Zone

Area C – from AGR to RR-xy – Residential Rural Exception Zone

Area D – from AGR to RR-xy-H – Residential Rural Exception Zone

Area E – from AGR to RR-xz-H – Residential Rural Holding Provision

Area F – from AGR to OS-x – Open Space Exception Zone

Area G – from ER to OS-x – Open Space Exception Zone

Area H – from ER to RR – Residential Rural Zone

Area J – from ER to CON-x – Conservation Exception Zone

 

ii)         Area A lands to be rezoned from AGR to RR

 

iii)         Area B lands to be rezoned from AGR to RR-x and will be subject to the following:

 

(a)        Notwithstanding any provision of Section 11 hereof to the contrary, the lands designated RR-x on Schedule "A" hereto must be used in accordance with the following requirements:

 

1.      Lot Frontage New Lot – minimum 35 metres

 

iv)        Area C lands to be rezoned from AGR to RR-xy and subject to the following:

 

(a)    Notwithstanding any provision of Section 11 hereof to the contrary, the lands designated RR-xy on Schedule "A" hereto must be used in accordance with the following requirements:

 

  1. Additional permitted uses

 

- Service Establishment, Personal

- Bed and Breakfast Establishment;

- Assembly Hall.

 

  1. Notwithstanding subsection 2.15, for the lands zoned RR-xy, the term Bed and Breakfast Establishment means a fully-detached dwelling in which rooms may be rented to accommodate the traveling public for gain or profit, and may include the provision of meals to the guest room occupants and which is the principal residence of the operator of the Bed and Breakfast Establishment.  Such establishments may not contain more than five (5) rented rooms or a number of rented rooms equivalent to one (1) less than the total number of bedrooms in the dwelling, which ever is the lesser.

 

v)         Area D lands to be rezoned from AGR to RR-xy and will be subject to the following:

 

(a)     On any lands zoned RR-xy on Schedule A to By-law 74-79 where there is a holding symbol (H), the holding designation may be lifted when it can be demonstrated that the required minimum distance separation is no longer applicable.  Once the H is lifted, the lands will be governed by the provisions of the RR-xy zone.                                                                                                    

 

vi)        Area E lands to be rezoned from AGR to RR-xz and will be subject to the following:

 

(a)    On any lands zoned RR-xz on Schedule A to By-law 74-79 where there is a holding symbol (H), the holding designation may be lifted when it can be demonstrated that the required minimum distance separation is no longer applicable.  Once the H is lifted, the lands will be governed by the provisions of the RR zone.

 

vii)        Area F lands to be rezoned from AGR to OS-x and will be subject to the following:

 

            (a)        Notwithstanding any provision of Section 16 hereof to the contrary, a Private Park, which means a park held in private ownership dedicated to recreational, cultural, or conservation purposes, is a permitted use on the lands designated OS-x.

 

viii)       Area G lands to be rezoned from ER to OS-x and will be subject to the following:

 

            (a)        Notwithstanding any provision of Section 16 hereof to the contrary, a Private Park, which means a park held in private ownership dedicated to recreational, cultural, or conservation purposes, is a permitted use on the lands designated OS-x.

 

ix)        Area J lands to be rezoned from ER to CON-x and will be subject to the following:

 

(a)        Section 7 is amended by adding a new subsection entitled Special Conditions.

 

(b)        Notwithstanding any provision of Section 7 hereof to the contrary, a Conservation Use, which means the maintenance of the natural environment for the purposes of preservation, is the only permitted use on the lands designated CON-x.

 


DETAILS OF RECOMMENDED ZONING                                                       DOCUMENT 3


DETAILS OF RECOMMENDED ZONING (HOLDING SYMBOL)               DOCUMENT 4


CONSULTATION DETAILS                                                                                DOCUMENT 5

 

This application was subject to the Public Notification and Consultation Policy.  Enhanced notification was carried out and included a public meeting held November 24th, 2005 at the Kanata Recreation Complex.  The meeting was attended by 19 members of the community and their comments are summarized below:

 

Summary and Response to Comments

 

Comment 1.  Density:

 

 

Answer 1:

 

The City’s Official Plan allows for 0.8-hectare size lots subject to studies that indicate this particular lot size is adequate for wells and sewage systems.  The Terrain Analysis supported the 0.8-hectare size lots and was deemed satisfactory based on the determination that all lots within the subject property can accommodate a Conventional Septic System.  If, through the assessment of the Terrain Analysis, it was determined a particular lot could not accommodate a Conventional Septic System, the Report would not be approved. 

 

Following approval of the Plan of Subdivision, Tertiary Systems may be utilized despite the understanding that all lots can accommodate a Conventional Septic System.  The Tertiary System may be implemented where several factors combine to make placement of a Conventional Septic System difficult.  These factors may include; irregular topography, high ground water table, proximity of bedrock to the soil surface, size of house, location of house. 

 

A sewage system is submitted to the Ottawa Septic System Office (OSSO) for review and approval.  The sewage system will evaluated against the environmental factors for the individual lot and a permit will be released provided the design meets required standards and criteria. 

 

The following condition will be incorporated into the subdivision agreement, and will address the requirement to phase the development and test the operational evaluation of the wells and private sewage systems in the previous phase(s) of development.  It is not common practice to complete an evaluation of existing neighbouring wells and private sewage systems after the development of each phase:

 

“The registration of this subdivision shall be phased.  Each phase of registration is to contain not more than 40 lots.  Prior to the registration of each phase subsequent to the previous phase, the Owner shall submit a Performance Review of the operation of wells and private sewage disposal systems in the previous phase(s) of the development demonstrating that the previous phase(s) are operating satisfactorily.  A qualified Professional Engineer, with experience in hydrogeology, or a professional geoscientist shall prepare the Performance Review. The final number of lots required for analysis must be supported in the Performance Review, but in any case the Performance Review shall only be prepared and submitted for review once not less than 50% of lots in the previous phase have built and occupied, and, when requesting the registration of any phase beyond the second phase, a representative number of lots in the oldest phases must also be analysed.  Further, the Owner agrees that prior to the registration of each phase, lots in that phase or any subsequent phase will not be offered for sale, nor will the Owner apply for building permits.”

 

Comment 2.  Water Issues:

 

 

Answer 2: 

 

Notification will be given in all Purchase and Sale Agreements and Covenants on Title regarding the Medical Officer of Health’s warning for sodium levels.   

 

All parameters related to water quality conform to Ministry of Environment standards, and the local Conservation Authority has approved the Hydrogeological report.

 

Well construction must be carried out as per the recommendations of the Hydrogeological Report.  The following condition has been added to the subdivision agreement to address this issue:

 

“The Owner agrees that all well construction, including test wells, shall be in accordance with the recommendations of the approved Hydrogeological and Terrains Analysis Report, and that certification by a Professional Engineer will be provided to the Mississippi Valley Conservation in this regard.  The Owner shall advise all prospective lot purchasers, in the Agreements of Purchase and Sale and in the Deed(s), of these certification requirements.  The Owner also agrees that the Subdivision Agreement with the City of Ottawa will require the Mississippi Valley Conservation to indicate satisfaction with the well certification, prior to final inspection by the City of Ottawa to permit occupancy of any buildings.”

 

Comment 3. Parkland:

 

 

Answer 3:

 

Due to the location of adjacent working farms and associated barns Minimum Distance Separation (MDS) guidelines, developed by the Ministry of Agriculture, Food and Rural Affairs, must be enforced at this location.  The objective of the MDS guidelines are to minimize nuisance complaints due to odour and thereby reduce potential land use conflicts.  An environmental report two barns adjacent the subject property, and therefore resulted in the requirement of the proposed parkland and residential uses within the Plan of Subdivision to be set back a minimum distance from these barns. 

 

It was the position of the City that accepting a parkland dedication that cannot be developed is not a viable or beneficial course of action.  The MDS guidelines would have required the parkland to be held in a ‘holding zone’ until such time the adjacent barns were removed.  This restriction is not under the City's control and would only lend to an already insufficient or 'under used' inventory of parkland in the rural area (specifically Vance Farms and Bannockburn Park).

 

The owner shall provide cash-in-lieu of parkland to the City as a condition of the Plan of Subdivisions Draft Approval.

 

The original parking lot with 20 parking spaces was intended to service the public parkland, however since no parkland will be dedicated to the City there will no longer be a need to provide this parking area.

 

Comment 4.  Traffic Study:

 

 

A traffic study, although not required, was provided to the City for review.  The conclusions of the study indicated that there would be only a minimal impact on the road system capacity (Marchurst Road) from the development of 48 single detached dwellings on the site (48 lots and 2 blocks greater than 0.8 hectares in size).  No traffic lights are required.

 

Comment 5.  Blasting:

 

 

Answer 5:

 

The applicant is required to conduct pre and post blast inspection in addition to following construction industry standards for carrying out all types of blasting activity.  Furthermore, the applicant will require insurance for any liable damage caused. 

 

Comment 6.  Sewage Systems:

 

 

Answer 6:

 

All lots have been evaluated and approved based on the determination that they can accommodate a Conventional Septic System.  The Terrain Analysis and Hydrogeological Study recommended:

 

“Fully raised conventional leaching beds can be adequately sited and constructed on each of the proposed lots.  Tertiary treatment devices and related disposal fields should be considered to better compliment sites with irregular topography.”

 

The use of Tertiary Systems will be the decision of individual home-owners based on their needs.

 

Prospective purchasers will be informed of the maintenance requirements for a private well and sewage system through the ‘Notice to Purchaser’ conditions contained in the list of conditions for the plan of subdivision.

 


 

Extract of                                                                                                                              Extrait de l’Ébauche du

Minutes 6                                                                                                                                                    Procès-verbal 6

april 12, 2007                                                                                                                                               le 12 avril 2007

 

 

 

 

ZONING - 1905 MARCHURST ROAD

ZONAGE – 1905, CHEMIN MARCHURST

ACS2007-PTE-APR-0089

 

Grant Lindsay, Manager, Development Approvals, West/Central indicated that when this application was put forward, the address was known as 1913 Marchurst Road; following an investigation into the matter, staff discovered that the legal address is 1905 Marchurst Road.  He indicated that all public advertisements had 1905 so there was proper notification and therefore the Planning Act has been satisfied.  He did not believe there was any discrepancy with respect to the address of the property.  Sean Moore, Planner, gave a brief PowerPoint presentation on the item.  A copy is held on file.

 

            When asked whether there would be any legal implications as a result of the incorrect address, Tim Marc, Senior Legal Counsel advised there would not be any.  Mr. Moore confirmed that all the notices distributed reflected 1905 as the address and the billboard sign, while it illustrated the address as 1913 Marchurst, was in the correct location.  He further explained that 1905 is the main address and 1913 is a subordinate address.  Councillor Hunter referred to the concerns outlined by the March Rural Community Association (MRCA) in their submission dated 12 April 2007 (previously distributed and held on file) and asked for a staff comment.  Mr. Lindsay confirmed that the legal address was used and there would be no doubt that those are the subject lands so people have been well aware of the property in question.

 

            Ray Essiambre spoke in support of the staff report, noting the plan has been around for the last three years.  He advised that public consultation occurred in November 2005 and issues were addressed then.  At a meeting of the MRCA last night, the issue of the address came up, as well as a possible request for deferral.  However, he was of the opinion that if the item was deferred, the issues would be the same as those heard in 2005, therefore, no new information would be brought forward.  He added that the extent of the scrutiny on this application has been very thorough and he would not encourage the Committee to defer the item.

 

            Chair Jellett called for Bob Gregory of the MRCA to come forward to speak, but the delegation was not in attendance.

 

            Councillor Harder asked that if the Committee agreed to defer the item for two weeks, what could staff envision changing or happening between now and then.  Mr. Lindsay advised that unless there is new information and while he understood there might be some discrepancy over the address, he did not think anything else would change.

 

            Councillor El-Chantiry referred to some of the comments outlined in the MRCA letter and inquired how long information has been available on the possible use of those lands.  Staff advised that this information has been known since 2005 and was believed to be part of the original conception for development of the property.  The councillor further asked if the signs were placed where they were supposed to be, whether the proper address was used and whether the community association was circulated with the proper address or not.  Mr. Moore advised that the sign was posted as 1905 Marchurst Road in 2005.  When it was discovered several months ago that 1913 was the subordinate address and not the legal address, the report was changed accordingly.  The circulation distributed reflected the property as 1905 Marchurst Road.  He confirmed that the Association was informed through the circulation of the legal change of the address.

 

            As provided in their letter, Mr. Lindsay noted that the Association’s contention is the confusion of the property.  He suggested that if the Committee is sympathetic to this confusion, then it could defer the matter to see if there are additional comments forthcoming from them.  He was of the opinion, however, that no new information would be brought forward in two weeks.

 

            Councillor El-Chantiry preferred to give the community association an opportunity because they only received the notice on 11 April when they discovered the change of property address.  Mr. Lindsay offered that staff could meet with them to ensure they are clear on which application they are commenting, advising that staff have been available to them at all times.

 

            Councillor El-Chantiry proposed that this item be deferred for two weeks.

 

            Councillor Harder was not in support of deferral, stating that comments, including those from the community association, have been received on this development over a three-year period.  She preferred that the report be approved as presented and forwarded to Council on 25 April; should something come up between now and then, the report can be deferred at Council and come back to the Committee.

 

            Councillor El-Chantiry did not want to wait until then because it would not work for the community association.  He suggested it come back to the next ARAC meeting at which time the Committee can deal with it.  He urged members to give him the two weeks to work with the MRCA in order to give them the opportunity to speak to their concerns.

 

            Councillor Thompson reminded Committee members that Legal counsel has confirmed there are no legal issues with regards to the discrepancy about the address and he agreed the item should not be deferred, on the understanding that should an issue arise, it can be referred back at Council.

 

            Some Committee members supported deferral at this time, noting that to do so would actually move the item through faster because it would only be a two-week delay whereas the suggestion to defer it at Council, if necessary, would entail a longer timeframe.

 

            Moved by E. El-Chantiry

 

            That the item be deferred to the next meeting of ARAC.

 

                                                                                                            CARRIED

 

YEAS (5):        B. Monette, E. El-Chantiry, G. Hunter, G. Brooks, R. Jellett

NAYS (2):       J. Harder, D. Thompson

 

 

 

 

 

Extract of Draft                                                                                                               Extrait de l’Ébauche du

Minutes 7                                                                                                                                                    Procès-verbal 7

april 26, 2007                                                                                                                                               le 26 avril 2007

 

 

ZONING - 1905 MARCHURST ROAD (1913 MARCHURST ROAD)

ZONAGE - 1905, CHEMIN MARCHURST (1913, CHEMIN MARCHURST)

ACS2007-PTE-APR-0089                                                                                                                 

Deferred from the Agriculture and Rural Affairs Committee meeting of 12 April 2007

Reporté de la réunion du 12 avril 2007 du Comité de l’agriculture et des questions rurales

 

That Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Kanata Residential Zoning By-law (74-79) to change the zoning of 1905 Marchurst Road (1913 Marchurst Road) from Estate Residential (ER) and Agriculture (AGR) to Rural Residential (RR), Rural Residential Exception (RR-x), Rural Residential Exception (RR-xy), Rural Residential Exception (RR-xy-H), Rural Residential Holding Provision (RR-xz-H), Open Space Exception (OS-x), and Conservation Exception (CON-x) as shown in Document 1 and detailed in Document 2.

 

                                                                                                            CARRIED