4. ZONING - PART OF 1200 DIAMONDVIEW ROAD
ZONAGE - PARTIE DE 1200, CHEMIN DIAMONDVIEW
(This application is subject to Bill 51)
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of Part of 1200 Diamondview Road from RU (Rural Countryside Zone) to ME2 (Mineral Extraction Subzone 2), as shown in Document 1.
Recommandation du Comité
(Cette demande est assujettie au Reglement 51)
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage du 1200, chemin Diamondview de RU (Zone d’espace rural) à ME2 (Zone d’extraction de minerai, sous-zone 2), tel qu’il est indiqué dans le Document 1.
1. Deputy City Manager's report Infrastructure Services and Community Sustainability dated 12 June 2009 (ACS2009-ICS-PGM-0068).
That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of Part of 1200 Diamondview Road from RU (Rural Countryside Zone) to ME2 (Mineral Extraction Subzone 2), as shown in Document 1.
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 afin de changer la désignation de zonage du 1200, chemin Diamondview de RU (Zone d’espace rural) à ME2 (Zone d’extraction de minerai, sous-zone 2), tel qu’il est indiqué dans le Document 1.
The site is part of 1200 Diamondview Road, legally described as Lots 11 and 12, Concession 4, Huntley, former West Carleton. The subject land is part of a larger parcel, part of which is currently under licence for extraction. Currently, 60 hectares is zoned and licenced for extraction. This application proposes rezoning an additional 20 hectares of land for this purpose.
The parcel is generally decribed as being south of an existing pit operation and the Carp Airport; west of a former rehabilitated pit and William Mooney Road, north of McGee Side Road and east of Diamondview Road and Highway 417. The lands are for the most part isolated from incompatible uses by forested land.
There are two small residential use lots in the northwest quadrant of William Mooney Road and McGee Side Road and some residential strip development along the south side of McGee Side Road.
The owner has applied for rezoning, concurrent with an application to the Ministry of Natural Resources to licence the subject lands as a Class A (below water) sand pit. One of the pre-requisites to licencing is that the lands be zoned appropriately to permit the use.
The existing zoning is RU (Rural Countryside). The RU zone does not permit the use of the land for a pit.
The lands will be rezoned to ME2 (Mineral Extraction Subzone 2). The proposed zone will recognize a pit operation as a permitted use on the expansion lands. This zone does not permit a quarry operation.
The Official Plan designates the lands General Rural Area. The policies provide that a Zoning By-law amendment will be required where new sand and gravel pits are proposed in the General Rural Area. The use conforms to the Official Plan policies and no amendment to the Official Plan is required to permit the use.
Section 220.127.116.11 provides that a Zoning By-law amendment will be required where a new sand and gravel pit is proposed in the General Rural Area subject to the considerations outlined in Section 3.7.4.
Section 3.7.4. provides that studies and site plans required under the Aggregate Resources Act are reviewed to ensure that the effects on the natural environment and other resources and existing development are fully considered prior to the Ministry approving a license for the establishment of a new or expanded pit and the City approving any required zoning modification.
The area of influence generally is 150 metres for pits above the water table and 300 metres for pits below the water table.
The required studies provide information on:
i) water wells,
iv) surface watercourses and bodies,
v) wetlands, woodlands and fish and wildlife habitat.
The applicant has supported the application for rezoning of the expansion lands with applicable studies, to the satisfaction of the City, to address the issues listed in the Official Plan and as such the application conforms to the Official Plan policies.
A Natural Environmental Report, was prepared by on a basis consistent with the requirements of the Provincial Standards for Category 1 applications. The study determined that no significant natural heritage features are on or within 120 metres of the proposed extraction area.
The City review of the Natural Environment Technical report resulted in a request for additional information. Subsequently additional details were submitted relating to Rare Species; Adjacent Fish Habitat; Significant Woodlands and Wildlife Habitat.
The additional review concluded that given the lack of significant natural heritage features associated with the on-site woodland, including part of a natural area that was rated low in the Natural Environment System Strategy and adjacent disturbances, no significant negative effect is anticipated on the overall regional heritage system due to the removal of the on-site woodland.
A Level 1 and 2 Hydrogeological Assessment, was prepared on a basis consistent with the requirements of the Provincial Standards for Category 1 applications. The report concludes that the pit operation is likely to have minimal impact on the hydrogeological regime of the site and its surroundings. The report recommends ongoing monitoring to assess any groundwater elevation impacts as a result of dewatering activities.
Based on well monitoring data, the groundwater elevation has been estimated. An addendum letter from the consultant indicates that the estimated static water level for the site, following site closure, will be approximately 118.6 metres.
The recommendations of the report have been noted on the Ministry of Natural Resources Site Plan.
There were no concerns related to the proposal through the Conservation Authority Review of the associated studies on behalf of the City.
A Phase 1 Environmental Site Assessment was also prepared. The report concluded that no further assessment or investigation of the site is recommended as no potential environmental concerns were identified on the subject property.
The Assessment identified potential environmental issues on surrounding properties. Given the distance between the site and the potential contamination concerns, the potential risk to the subject property is considered to be low.
No issues were raised as a result of the circulation.
The Summary Statement/Planning Rationale and Technical Report filed with the application indicates that no traffic issues are anticipated as a result of the pit expansion. The haul routes associated with the existing pit are not changing. No increase in the maximum tonnage extraction limit is occurring as a result of the expansion proposal.
The references on the existing features plan to a “proposed” access to Diamondview Road raised concerns. The comments and response to the concerns are detailed in Document 2.
A noise assessment, was prepared on a basis consistent with the requirements of the Provincial standards for Category 1 applications. The report recommended the following:
The berm requirements and noise mitigation measures have been noted on the Site Plan required by the Ministry of Natural Resources and the Aggregate Resources Act.
There were concerns raised by the public related to noise issues. The comments are more fully detailed in Document 2.
No servicing issues were raised as a result of the circulation.
Mineral Extraction Subzone 2 is appropriate for the expansion lands and is consistent with the zone applicable to the existing pit to the north. Technical studies have been provided in support of the application and the City, the Conservation Authority and Ministry of Natural Resources are satisfied that the proposal will not adversely impact surrounding lands. A number of concerns relating to site access, buffering, dust, hours of operation and groundwater will be regulated through Ministry of Natural Resources licensing of the pit. The proposed zoning conforms to the Official Plan.
There are no concurrent Planning Applications associated with the application. An application for Licensing by Ministry of Natural Resources under the Aggregate Resources Act is being processed. A site plan forms part of the Aggregate Resources Act licensing requirements.
Natural Environment, Hydrogeological and Phase 1 Environmental Assessment reports were prepared to the satisfaction of all agencies and no concerns were identified.
The zoning permits an existing pit to expand facilitating extraction of quality aggregate material, in a manner that will not interfere with the proper functioning of the local road network and will minimize impact on adjacent residential uses, through the use of existing haul routes established by the existing pit.
The zoning supports the rural economy and the construction and aggregate industries.
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The applicant undertook additional notification and consultation under the Aggregates Resources Act and organized an open house to address landowners concerns received as a result of the zoning circulation. Document 2 contains details of the comment received as a result of the consultation process. The Ward Councillor is aware of this application and the staff recommendation.
If the staff recommendation is adopted but the matter appealed to the Board, it is anticipated that a three-day hearing would result that could be addressed by staff resources.
If Council determines to refuse the application, reasons will have to be provided in the Committee recommendation or Council motion. It is estimated that a five-day hearing would result with the City needing to retain a planner and possibly other witnesses depending on the reasons identified by Council. The estimated cost for a planner would be $25,000 to $30,000.
Document 1 Location Map
Document 2 Public Comments
City Clerk and Legal Services Branch, Legislative Services to notify the owner, Karson Holdings Inc., in Trust, 3725 Carp Road, Box 264, Carp, Ontario. K0A 1L0, applicant, Novatech Engineering Consultants Ltd., Suite 200, 240 Michael Cowpland Drive, Ottawa, Ontario K2M 1P6, those individuals who provided comment on the application 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 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.
CONSULTATION DETAILS DOCUMENT 2
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.
In addition to the required consultation, the applicant agreed to defer, on two separate occasions, proceeding with consideration of the application, in order to provide answers to concerns raised by the community. It should be noted that the application is also the subject of an application to the Ministry of Natural Resources for an aggregate license for a Class A, Category 1 sand pit. An Open House held in accordance with the requirements of the Aggregate Resources Act was held on March 5, 2009.
The proponent organized a second open house, specifically for residents from McGee Side Road area who had expressed concerns. The meeting was held at the Irish Hills Golf Course on Thursday May 21, 2009 attended by approximately 15 residents.
Representatives of West Carleton Sand and Gravel were at the meeting supported by the hydrogeologist and noise specialist and a planner.
SUMMARY OF PUBLIC COMMENTS
City staff received comments from approximately 11 area landowners.
Concern: Notification: Concern was expressed by many landowners respecting the location of the sign postings and to the fact that landowners on the south side of McGee Side Road had not received written notice. Residents felt that notification beyond what is required by legislation should have been undertaken in this instance.
Response: The Planning Act and the Aggregate Resources Act provides that written notice be given to those landowners within 120 metres of the land subject to the application for rezoning and licensing. The City also posts signage on the lands subject to the application. The City provided notice in accordance with the Planning Act related to the zoning amendment. The Owner/Applicant provided notice in accordance with the Aggregate Resources Act related to the application to expand the license. The properties on McGee Side Road are approximately 357 metres from the closest point of the proposed licensed boundary and therefore were not provided written notification on either application. The City posted signage along the frontage of William Mooney Road and notwithstanding that the lands subject to the expansion do not have frontage on Diamondview Road, the City placed a sign on Diamondview Road along the existing pit frontage.
Given the conclusions of the studies related to the expansion and the fact that the haul routes were not changing, as well as the requirement for notification by the applicant under the Aggregate Resources Act, staff anticipated no significant impact outside of the 120-metre influence area.
Concern: One landowner expressed concerns with the impacts of the expansion on the lot at the northeast corner of William Mooney and McGee Side Road.
Response: In review it was found that the subject lot currently is unavailable for building permit due to an existing ME2 zone to the east of the property. Where the Zoning By-law provides that no residential dwellings may be constructed within 150 metres of an ME2 zone the existing ME2 zone renders the subject lot unavailable for residential construction. In the case where the existing ME2 to the east of the subject lot were to be removed, the impact of the expansion of the McGee pit would be to prohibit residential structures on the north 122 metres of the lot. 181 metres at the south end of the lot would be available for location of a dwelling. Accordingly, the proposed expansion has less of an effect on the subject lot than that of the existing constraint arising from the ME2 zone to the east of the subject lot.
Concern: One landowner requested clarification on the significance of the heavy dashed line on the “Existing Features” plan on his parcels.
Response: The heavy dashed line is the 120-metre - notification buffer drawn around both the existing and expanded pit operation. The applicant also advises that the 120-metre line was only indicated on the plans for information purposes as it relates to the preparation of the aggregate license site plan application. The landowner was advised, that there was no impact as a result of the expansion on the usability of his lots. One property was impacted by the 150-metre restriction in the zoning by-law, however the expansion did not represent a larger impact than the existing licensed area in this regard. The second property was well outside of the 150-metre restriction in the Zoning By-law and is not impacted.
Concern: Hydogeological issues - ground water flow direction, depth/quality, and potential for contamination: A number of concerns were expressed related to the fact that development in the area is dependent upon private well. No City water is provided at this location. The residents are of the opinion that this development will affect the water quantity and quality.
Response: In support of the application the applicant has provided a Level 1 and 2 Hydrogeological Assessment dated September 29, 2008. The report concludes that the pit operation is likely to have minimal impact on the hydrogeological regime of the site and its surroundings. The hydrogeologist spent considerable time at the May 21 Open House responding to similar issues and questions. He indicated that the groundwater modelling shows very little or no groundwater impacts to neighbouring wells. Staff of the Conservation Authority on behalf of the City reviewed the report and no concerns were noted with respect to the conclusions of the study.
Concern: Noise issues - from pumps, from construction equipment: There were a number of concerns raised related to 24-hour-a-day operation of pumps and also with respect to times when construction equipment was being operated on the site.
Response: The City’s Noise By-law regulates noise-related matters. Complaints filed with the City are investigated and acted upon by the City’s By-law Enforcement Officers. The City also has at its disposal Environmental Noise Control Guidelines for New Land Use Planning.
The extraction is to take place approximately 375 metres from the front property lines of lots south of McGee Side Road and 50 metres from the front property lines of lots abutting William Mooney Road. Extraction will take place approximately 120 metres from the most northerly of the two small lots on the west side of William Mooney Road.
The land between the area to be licensed and McGee Side Road is treed. The site plan for the extraction area indicates that a berm with a minimum of 6.1 metres height is to be constructed along the south extraction line a distance of approximately 350 metres back extending from William Mooney Road. A 4.5-metre high berm is also to be constructed along the William Mooney Road frontage. The berm heights and lengths were determined based on the noise modelling contained within the noise assessment entitled Acoustic Assessment dated June 17, 2008. Recommendations for noise mitigation through berm construction and extraction operations are included on the site plans and were discussed at the Open House.
Concern: Retention of Trees between McGee Side Road and the proposed licensed area: Residents along the south side of McGee wished to ensure that the trees between the proposed extraction area and McGee Side Road would remain.
Response: The lands on which the subject trees are located are not subject to the expansion area and are not subject to any other Planning Act application. They are located on other lands owned by the applicant. The applicant has assured City staff that the tree clearing will only occur within the expansion area, and that trees within the setback zone would remain. The trees between the expansion area and McGee Side Road are to remain. The retention of the trees should assist in addressing noise, dust and visual impacts of the expansion area on abutting residential properties.
Concern: Traffic: The landowners concerns relate to the use of the proposed Diamondview Road exit or proposed William Mooney Road exit, shown on the plans which would result in heavy trucks traffic on McGee Side Road. The landowners concerns are with haul routes, and truck speed, protection of their residential area, noise and dust and safety concerns for children.
Response: Currently the main haul route crosses the unopened portion of William Mooney Road, through to Carp Road via a private road through Concession 3. The plans submitted indicate a “proposed 10-metre wide access road” to Diamondview Road. It has been confirmed that this “proposed 10-metre wide access road” was part of the previous approval when the original/existing pit was established. The Diamondview Road access is a secondary access used for local delivery only. The owner/applicant has confirmed that there is no plan to change the haul routes as a result of this pit expansion. The landowner who expressed the concern confirmed that to-date this access to Diamondview Road has not been used in relation to the existing pit operation and that for at least part of the year the access to Diamondview Road is under water. Staff has requested the applicant to ensure that the final plans indicate that the word “proposed” is replaced with “previously approved”.
The applicant advises that the proposed access onto William Mooney within the expansion area will be removed from the site plan and that no new access points are proposed. The applicant also advises that truck traffic relating to the pit operation would only occur on William Mooney, McGee Side Road and Diamondview Roads for local product deliveries.
Response: The Ministry of Natural Resources through its licensing process under the Aggregate Resources Act applies conditions to the license related to dust control on the site. The retention of the treed buffer between the expansion area and McGee Side Road should also assist in dust suppression. The operator proposes to utilize water and other approved dust suppressants to control dust emissions. The proposed berms will be seeded and once vegetated will assist in reducing the effects of dust.
Complaints with respect to compliance with these conditions can be directed to the Ministry of Natural Resources in future for follow up. Complaints with respect to air quality issue may also be directed to Ministry of the Environment.
Concern: Underground Sand movement: A number of landowners expressed concerns that the amount of sand to be removed will have an impact on the foundation of houses on the south side of McGee Road.
Response: There is no indication in any of the studies undertaken that the proposed extraction proposal will impact McGee Side Road itself or the foundations of dwellings on the south side of McGee Side Road in excess of 375 metres away from the proposed extraction area. In addition the excavation is to have a 3:1 sideslope that would alleviate erosion concerns.
Concern: A number of landowners expressed concern related to the affects of the expansion on the natural habitat.
A natural environmental report, entitled Natural Environment Level 1 Technical Report and dated August 2007, was prepared on a basis consistent with the requirements of Item 2.2.3 of the Provincial Standards for Category 1 applications. The study determined that no significant natural heritage features are on or within 120 metres of the proposed extraction area. Based on the findings of the Level 1 analysis, the report concludes that a Level 2 (Standard 2.2.4) is not required.
The City review of the Natural Environment Level 1 (NEL1) Technical report resulted in a request for additional information. Subsequently a letter dated April 29, 2009 was prepared and submitted further to the Natural Environment Level 1 Technical Report in response to comments by the City dated April 22, 2009. This additional review expanded on Rare Species and Other Data Sources; Adjacent Fish Habitat; Significant Woodlands and Wildlife Habitat. The additional review concluded that given the lack of significant natural heritage features associated with the on-site woodland, including part of a natural area that was rated low in the Natural Environment System Strategy and adjacent disturbances, no significant negative effect is anticipated on the overall regional heritage system due to the removal of the on-site woodland.
Concern: A number of owners expressed concerns related to a reduction in property value as a result of the pit expansion.
Response: City staff is unable to assess the impact on property values associated with the expansion. There is an existing pit licence with established haul routes which are not to be altered as a result of the expansion. As such, the impacts of the expansion are not expected to alter the impact on abutting properties.
Concern: One landowner wish to be advised as to when the zoning changed to Sand and Gravel Resource Area.
Response: Sand and Gravel Resource Area is a designation in the City's Official Plan.
This particular site is not designated Sand and Gravel Resource Area. This site is designated General Rural in the Official Plan. The General Rural policies (Section 3.7.2) permits under subsection 6 d. "New sand and gravel pits...subject to Section 3.7.4. and requires that a zoning by-law amendment will be required to permit such use.
As a result the applicant has filed the required request for zoning by-law amendment to rezone the lands from RU (Rural Countryside) to ME2 (Mineral Extraction Operation - Pit Only), notification of which was undertaken in accordance with the Planning Act, to landowners within 120 metres of the lands subject of the rezoning.
COMMUNITY ORGANIZATION COMMENTS
Carp Residents Association
Concern: Questioned where the pit extension is in relation to the high groundwater recharge zones identified in the Carp River Watershed Report.
Response: Staff provided the link to the Hydrogeological Study on line for review and followed up with an email on April 22, 2009 requesting confirmation that the information provided addressed the concerns of the Association. Staff has not heard back from the Association.
The expansion is within the high recharge area in the Carp River Watershed Study. Staff note that it is not uncommon to find extractive uses within water recharge areas due to the sand and gravel characteristics typical to such areas.