2. ZONING - 931 OAK CREEK ROAD (FORMERLY KNOWN AS 925 OAK CREEK ROAD (FILE NO. D02-02-07-0037)

ZONAGE - 931, CHEMIN OAK CREEK (ANCIENNEMENT 925, CHEMIN OAK CREEK)

Committee Recommendation AS AMENDED

That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the former Township of West Carleton Zoning By-law to change the zoning of 931 Oak Creek Road (formerly known as 925 Oak Creek Road) from Hazard exception (HL-1) and Rural (RU) to Rural exception (RU-XX) as shown in Document 1 and as detailed in Document 2.

Recommandation MODIFIÉE du comité

Que le Conseil approuve la modification apportée au règlement de zonage de l’ancien Canton de West Carleton qui vise à changer le zonage du terrain au 931, chemin Oak Creek (anciennement 925, chemin Oak Creek), de terre vulnérable exception (HL-1) et rurale (RU) à terre rurale exception (RU-XX), ainsi que cela est illustré dans le Document 1 et expliqué dans le Document 2.

Documentation

1. Deputy City Manager, Planning, Transit and the Environment report dated 12 July 2007 (ACS2007-PTE-APR-0139).

2. Extract of Draft Minute, 23 August 2007

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

12 July, 2007 / le 12 juillet 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, 13242 Grant.Lindsay@ottawa.ca

West Carleton-March (5)

Ref N°: ACS2007-PTE-APR-0139

SUBJECT:	ZONING - 931 Oak Creek road (formerly known as 925 Oak Creek Road (FILE NO. D02-02-07-0037)

OBJET :	ZONAGE - 931, chemin Oak creek (anciennement 925, chemin oak creek)

REPORT RECOMMENDATION

That the recommend Council approve an amendment to the former Township of West Carleton Zoning By-law to change the zoning of 931 Oak Creek Road (formerly known as 925 Oak Creek Road) from Hazard exception (HL-1) and Rural (RU) to Rural exception (RU-XX) as shown in Document 1 and as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil d’approuver la modification apportée au règlement de zonage de l’ancien Canton de West Carleton qui vise à changer le zonage du terrain au 931, chemin Oak Creek (anciennement 925, chemin Oak Creek), de terre vulnérable exception (HL-1) et terre rurale (RU) à terre rurale exception (RU-XX), ainsi que cela est illustré dans le Document 1 et expliqué dans le Document 2.

BACKGROUND

The subject property is known as 931 Oak Creek Road as shown in Document 1. The site is located on the east side of Oak Creek Road, north of Richardson Side Road and south of Acres Side Road. It is immediately east of the Reis Industrial Park. The site is currently undeveloped.

Purpose of Zoning Amendment

The purpose of this Zoning By-law amendment is to re-zone a portion of the subject lands to allow for sufficient area for the proponent to build a single detached dwelling and detached garage.

Existing Zoning

The subject property is zoned ‘RU’ (Rural), ‘H’ (Holding) and ‘HL-1’, a Hazard zone. From Oak Creek Road west for approximately 100 metres, the lands are zoned Rural. The Rural zone allows for single detached dwellings. For approximately the next 100 metres west, the lands are zoned Hazard Land – special exception 1. This zone only permits the existing use. Mississippi Valley Conservation (MVC) has confirmed that the purpose of the Hazard zone in this location is to recognize a pocket of organic soils upon which it is hazardous to build. The balance of the lands is zoned Holding. The only permitted residential use in the Holding zone is an existing residential use.

Proposed Zoning

The applicant proposes to rezone a portion of the Hazard lands and the Rural lands to Rural special exception. If approved, a single detached dwelling and garage would be constructed on the property. The proposed Zoning By-law amendment recognizes the geotechnical work completed to date while acknowledging that there are areas within the subject lands where the detailed information is either not available or does indicate that hazardous soils are present. The Rural lands are being rezoned to simplify the zoning on the property.

DISCUSSION

Official Plan

The subject lands are designated General Rural Area. Residential uses are permitted within this designation.

Zoning By-law

The applicant is proposing to rezone a portion of the HL-1 lands from HL-1 (Hazard) and a small portion of the RU lands (Rural) to RU – XX (Rural – special exception).

Staff is recommending that Schedule “A”, Map 3 of By-law 266 of 1981 of the former Township of West Carleton be amended as detailed in Document 2 to create the Rural – special exception zone. The special exception will require approved geotechnical information for any future redevelopment of the subject lands. The geotechnical investigation must demonstrate to the City’s satisfaction that the soil is suitable for the proposed development. The technical circulation to all concerned agencies, specifically the MVC indicated that these provisions outlined in Document 2 address their specific concerns. Based on this, staff believe that the proposed zoning can accommodate the applicant’s proposal and does not create an environmental concern for the City.

ENVIRONMENTAL IMPLICATIONS

The property is located in the northern portion of a wooded area that has been identified in the Natural Environment Systems Study (NESS) and the Carp River Watershed and Subwatershed Study (CRWSS). The NESS overall assessment of low indicated that the area does contribute to maintaining biodiversity and ecological function in the area and is not considered highly significant regionally. The CRWSS study indicated this area as a category 2 terrestrial feature indicating that an Environmental Impact Statement is required for any change in land use to maintain the feature and ecological function. Given the intent of the rezoning is to allow for a single detached dwelling with a detached garage and the proposed location of these structures is on the edge of the forested area, an EIS is not required for this application.

The subject lands have also been identified as having organic soils that would make them unsuitable for development. MVC has reviewed the Geotechnical Investigation submitted in support of this application and has accepted its recommendations. MVC was concerned about the future interpretation of the by-law should the Hazard zone be removed in its entirety, since there was not enough geotechnical information to support a rezoning of the entire property. MVC are satisfied with the proposed special exception and feel that it addresses their concerns on this point.

RURAL IMPLICATIONS

A single detached dwelling with a detached garage on approximately 10 hectares is an appropriate use of land at this location.

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. The City did not receive any negative comments or opposition to this application.

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 the concerns of Mississippi Valley Conservation regarding the organic soils on site.

SUPPORTING DOCUMENTATION

Document 1 Schedule

Document 2 Details of Recommended zoning

DISPOSITION

City Clerk’s Branch, Secretariat Services to notify the owner, Mr. Tom Neil, 5 Courtney Road, Ottawa, ON K2O 1L7, applicant, Mr. Kirk Hoppner, 180 Huntmar Drive, Ottawa, ON K2S 1B9, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, 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.

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

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

Schedule A, Map 3 will be revised so that the subject lands will be rezoned from Hazard exception (HL-1) and Rural (RU) to Rural exception (RU-XX), and the following applies:

Development shall not be permitted on the lands zoned RU-XX until a geotechnical investigation has been submitted demonstrating that the soil is suitable for the proposed development to the satisfaction of the City.