8.             Hold on building on lands drained by the Carp River or its tributaries within the urban area

 

suspension des constructions sur les terrains irrigués par la rivière Carp ou ses affluents dans le secteur urbain

 

 

Committee recommendationS as amended

 

That Council approve the following:

 

1.         Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess whether this new data is consistent with expectations produced by the model under such conditions.

2.         Staff report back to Planning and Environment Committee on October 13, 2009 on the results of running the model with the updated data.

3.         Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in Kanata West and Fernbank lands which drain to the Carp River or its tributaries where it has the legal means to do so.

4.         Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March, 2011, or development lands needed to support stimulus projects be permitted to proceed as well as facilities required for emergency services.

5.         Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004.

6.         Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized.

7.         Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice.

8.         The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

 

 

 

 

Recommandations modifÉes DU Comité

 

Que le Conseil approuve les points suivants :

 

1.                  le personnel sera enjoint d’effectuer la modélisation des niveaux d’eau de la rivière Carp à l’aide de données mises à jour afin de refléter la tempête du 24 juillet 2009 et les conditions de sol supersaturées et d’évaluer si ces nouvelles données sont conséquentes avec les attentes produites par la modélisation dans de telles conditions;

2.                  le personnel rendra compte au Comité de l'urbanisme et de l'environnement des résultats de la modélisation effectuée avec les données mises à jour le 13 octobre 2009;

3.         d'ici à ce que la modélisation des niveaux d'eau de la rivière Carp ait été effectuée avec les données mises à jour, tenant ainsi compte de la tempête du 24 juillet 2009, et qu'un rapport ait été soumis au Comité de l'urbanisme et de l'environnement, la Ville d'Ottawa devra interdire toute construction sur les terrains dans Kanata-Ouest et sur les terres Fernbanks qui sont irrigués par la rivière Carp ou ses affluents, aux endroits où elle en a les moyens légaux;

4.         Nonobstant la recommandation du point 3 de la présente motion, les mises en chantier réalisées grâce au Fonds fédéral / provincial / municipal de stimulation de l'infrastructure, dont la date d'achèvement est prévue en mars 2011, ou pour lesquelles un aménagement de terrain est nécessaire en vue de leur soutien, pourront aller de l’avant tout comme celle des installations de services d'urgence;

5.         le personnel confirmera par écrit au Conseil si un quelconque aménagement sur des terrains préalablement enregistrés est autorisé ou non, compte tenu des normes d'eaux pluviales appliquées avant les normes approuvées en novembre 2004;

6.         dans le cas où un plan de lotissement approuvé et devant être enregistré permettrait un aménagement conforme aux normes appliquées avant novembre 2004, le personnel devra être chargé de modifier les conditions d'approbation afin d'imposer l'application des nouvelles normes;

7.         lorsqu'un plan de lotissement enregistré mais n'ayant pas servi à un aménagement pourrait permettre un aménagement conforme aux normes d'eaux pluviales appliquées avant novembre 2004, le personnel devra en informer le Conseil par écrit avant l'émission d'un avis de début de travaux;

8.         l'examen par un tiers de l'enquête sur l'inondation du 24 juillet 2009 sera mené par une firme n'ayant jamais collaboré avec un promoteur de travaux sur des installations de gestion des eaux pluviales sur des terrains irrigués par la rivière Carp et n'ayant aucun lien avec une firme l'ayant fait.

 

Documentation

 

1.                  Councillor Feltmate’s report dated 28 August 2009 (ACS2009-CCS-PEC-0018).

 

2.         Extract of Draft Minutes, 8 September 2009.


Report to/Rapport au :

 

Council / Conseil

 

28 August 2009 / 28 août 2009

 

Submitted by/Soumis par : Robert Tremblay, Coordinator of the Planning and Environment Committee / Coordonnateur du Comité de l’urbanisme et de l’environnement

 

Contact Person/Personne ressource : Councillor/Conseillère Peggy Feltmate,

Kanata South/sud

(613) 580-2752Peggy.Feltmate@ottawa.ca

 

Kanata North/nord (4)

Kanata South/sud (23)

Stittsville-Kanata West/ouest (6)

Ref N°: ACS2009-CCS-PEC-0018

 

 

SUBJECT:

Hold on building on lands drained by the Carp River or its tributaries within the urban area

 

 

OBJET :

suspension des constructions sur les terrains irrigués par la rivière Carp ou ses affluents dans le secteur urbain

 

REPORT RECOMMENDATIONS

 

That Planning and Environment Committee recommend Council approve the following for Stittsville and Kanata:

 

1.         Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess the impact on both existing developments and plans for development in the City of Ottawa;

 

2.         Staff report back to Planning and Environment Committee on the results of running the model with the updated data;

 

3.         Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in all lands drained by the Carp River or its tributaries within the urban boundary where it has the legal means to do so;

 

4.         Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March 2011 proceed and facilities required for emergency services;

 

5.         Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004;

 

6.         Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized;

 

7.         Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November, 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice; and,

 

8.         The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver les points suivants concernant Stittsville et Kanata :

 

1.         Que le personnel soit chargé d’effectuer la modélisation des niveaux d’eau de la rivière Carp avec des données à jour, afin de tenir compte de la tempête du 24 juillet 2009 et des conditions sursaturées du sol, et d’évaluer les répercussions sur les aménagements existants et sur les projets prévus sur le territoire de la Ville d’Ottawa;

 

2.         Que le personnel rende compte au Comité de l’urbanisme et de l’environnement des résultats de la modélisation effectuée avec les données mises à jour;

 

3.         D’ici à ce que la modélisation des niveaux d’eau de la rivière Carp ait été effectuée avec les données mises à jour, tenant ainsi compte de la tempête du 24 juillet 2009, et qu’un rapport ait été soumis au Comité de l’urbanisme et de l’environnement, la Ville d’Ottawa doit interdire toute construction sur les terrains irrigués par la rivière Carp ou ses affluents à l’intérieur des limites urbaines, aux endroits où elle en a les moyens légaux;

 

4.         Nonobstant la recommandation du point 3 de la présente motion, les mises en chantier réalisées grâce au Fonds fédéral / provincial / municipal de stimulation de l’infrastructure, dont la date d’achèvement est prévue en mars 2011 doivent être poursuivies, tout comme celle des installations de services d’urgence;

 

5.         Que le personnel confirme par écrit au Conseil si un quelconque aménagement sur des terrains préalablement enregistrés est autorisé ou non, compte tenu des normes d’eau pluviales appliquées avant les normes approuvées en novembre 2004;

 

6.         Dans le cas où un plan de lotissement approuvé et devant être enregistré permettrait un aménagement conforme aux normes appliquées avant novembre 2004, le personnel doit être chargé de modifier les conditions d’approbation afin d’imposer l’application des nouvelles normes;

 

7.         Lorsqu’un plan de lotissement enregistré mais n’ayant pas servi à un aménagement pourrait permettre un aménagement conforme aux normes d’eau pluviales appliquées avant novembre 2004, le personnel doit en informer le Conseil par écrit avant l’émission d’un avis de début de travaux;

 

8.         Que l’examen par un tiers de l’enquête sur l’inondation du 24 juillet 2009 soit mené par une firme n’ayant jamais collaboré avec un promoteur de travaux sur des installations de gestion des eaux pluviales sur des terrains irrigués par la rivière Carp et n’ayant aucun lien avec une firme l’ayant fait.

 

 

BACKGROUND

 

Councillor Feltmate presented the following as a Notice of Motion at the 25 August 2009 meeting of the Planning and Environment Committee for consideration on 8 September 2009:

 

WHEREAS the flooding on July 24, 2009 was the third serious flood to affect the Glen Cairn neighbourhood in 14 years;

 

AND WHEREAS it was anticipated that some of the flooding problems in Glen Cairn would be addressed by the City’s efforts in increased drainage after the 2002 rain event;

 

AND WHEREAS having flooding occur after the work to increase capacity of the Carp River has left residents with concerns as to the adequacy of the provisions that have been made for further development in this area;

 

AND WHEREAS some residents are experiencing difficulty getting comprehensive home insurance;

 

AND WHEREAS this flood has affected even the newest built areas of Deer Run in Stittsville;

 

AND WHEREAS the most recent flooding has raised concerns amongst existing residents pertaining to plans for new development;

 

AND WHEREAS new development in some of the affected areas has proceeded using grandfathered predecessor municipality standards;

 

THEREFORE BE IT RESOLVED THAT for Stittsville and Kanata:

 

1.   Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess the impact on both existing developments and plans for development in the City of Ottawa. .

2.   Staff report back to Planning and Environment Committee on the results of running the model with the updated data.

3.   Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in all lands drained by the Carp River or its tributaries within the urban boundary where it has the legal means to do so.

4.   Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March 2011 proceed and facilities required for emergency services.

5.   Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004.

6.   Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized.

7.   Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice.

8.   The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

 

DISCUSSION

 

The report that went to the May 11, 2009 Planning and Environment Committee meeting on the Carp River Restoration Third Party Review stated, "Assuming a 15 per cent increase in rainfall, the CH2MHill model of record would receive 110.4 mm of rainfall instead of the present 96 mm." It also stated, “The September 2004 storm resulted in more than 118 mm of rain in 12 hours.”

 

As has been reported, people with rain gauges reported 160 mm of rainfall in Kanata on July 24, 2009. While the figure is for the entire 24-hour period, the bulk of that came during the storm that led to the flooding.

 

The difference between the 110.4 mm and 118 mm of rainfall used in the Third Party Review and the 160 mm of rainfall that fell on July 24, 2009 raises questions about whether the plans for stormwater management in the plans for the Carp River Restoration are adequate.

 

Dismissing what happened on July 24 as a freak occurrence that is beyond what we need to plan for is an option. However, after three "100 year storms" in my community in the last 14 years, this is not one that can be justified to residents.

 

Nor is providing a quick reassurance that sufficient allowance has been made to ensure there is no problem. People in Kanata have been told twice that the reasons for large scale flooding in Glen Cairn have been identified and solutions have been put in place. The community will not be reassured until hard evidence from running the model with the July 24 data can be provided. 

 

This is not just an issue for communities that are yet to be built. Speaking to people whose homes were flooded one comment that came up repeatedly was that they did not have problems with flooding until land to which stormwater once drained was developed.

 

Since the flooding on July 24, 2009 one comment that has been made by some councillors is that part of the reason for the flooding was that past municipal councils were slow to implement improved standards for stormwater management. Not allowing building to take place until the model for stormwater management along the Carp River can be rerun with data from the July 24, 2009 storm will help us be certain we are not repeating the mistakes of the past.

 

 

CONSULTATION

 

The motion was circulated to staff in Planning and Growth Management, Infrastructure Services, Environmental Services and Legal Services.  Formal comments are expected to be issued separately.

 

This item will be advertised in the local dailies as part of the Public Meeting Advertisement on Friday preceding the Planning and Environment Committee meeting.

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS

 

There are no Legal/Risk Management Implications to this report.

 

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

DISPOSITION

 

Infrastructure Services and Community Sustainability will implement Council's decision and report back as required.


Hold on building on lands drained by the Carp River or its tributaries within the urban area

SUSPENSION DES CONSTRUCTIONS SUR LES TERRAINS IRRIGUÉS PAR LA RIVIÈRE CARP OU SES AFFLUENTS DANS LE SECTEUR URBAIN

ACS2009-CCS-PEC-0018                                                  KANATA NORTH/NORD (4),

                                               STITTSVILLE-KANATA WEST/OUEST (6), KANATA SOUTH/SUD (23)

 

The following written correspondence was received and is held on file with the City Clerk:

·                    Submission dated September 6, 2009 from Ted Cooper

·                    Emails dated September 4 and 8, 2009 from Janice Frankland

·                    Letter dated August 24, 2009 from the Greater Ottawa Homebuilders’ Association

·                    Letter dated August 24, 2009 from the Kanata West Owners Group Inc.

·                    Letter dated August 24, 2009 from Wendy Nott

 

Councillor Feltmate indicated that her community believes very strongly that adjacent development has contributed to flooding.  In fact, the report that was made at Council last week indicated that the systems worked as they should, and sewage came from the west from the surcharging of the Stittsville Trunk Line from Jackson Trails and other flooding in Stittsville. 

 

Councillor Feltmate presented a replacement motion, outlining changes as a result of discussion with staff, to take it as a step-by-step process to understand the causes of the flooding this time as opposed to 2002.  She noted that residents have lost trust with the City and feel left behind, with the City taking no legal liability or moral responsibility for the event.  She pointed out that Council has a responsibility to the residents that currently live and reside in these communities that are being impacted by development around them.  Over time, it has been discovered that the infrastructure standards used by the former City of Kanata and Township of Goulbourn were inadequate and were not changed at the same time as other municipalities.  As a result, old standards are contributing to this problem that must be addressed by the City.  She asked colleagues to work with her over the next five weeks to give reassurance and understanding to effected residents. 

 

WHEREAS the flooding on July 24, 2009 was the third serious flood to affect the Glen Cairn neighbourhood in 14 years;

 

AND WHEREAS it was anticipated that some of the flooding problems in Glen Cairn would be addressed by the City’s efforts in increased drainage after the 2002 rain event;

 

AND WHEREAS having flooding occur after the work to increase capacity of the Carp River has left residents with concerns as to the adequacy of the provisions that have been made for further development in this area;

 

AND WHEREAS some residents are experiencing difficulty getting comprehensive home insurance;

 

AND WHEREAS this flood has affected even the newest built areas of Deer Run in Stittsville;

 

AND WHEREAS the most recent flooding has raised concerns amongst existing residents pertaining to plans for new development;

 

AND WHEREAS new development in some of the affected areas has proceeded using grandfathered predecessor municipality standards;

 

THEREFORE BE IT RESOLVED THAT for Stittsville and Kanata:

 

1.         Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess whether this new data is consistent with expectations produced by the model under such conditions.

2.         Staff report back to Planning and Environment Committee on October 13, 2009 on the results of running the model with the updated data.

3.         Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in Kanata West and Fernbank lands which drain to the Carp River or its tributaries where it has the legal means to do so.

4.         Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March, 2011, or development lands needed to support stimulus projects be permitted to proceed as well as facilities required for emergency services.

5.         Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004.

6.         Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized.

7.         Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice.

8.         The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

Nancy Schepers, Deputy City Manager of Infrastructure Services and Community Sustainability, indicated that staff have worked closely with the Councillor on the matter and are confident that solutions can be reached.  She also confirmed October 13, 2009 as the date when the modeling results will be provided with a verbal presentation.  Further, Ms. Schepers stated she believes the steps taken as part of the Carp River Third Party Review and resulting conditions will achieve the same goals as what Councillor Feltmate’s motion intends to achieve for Kanata West and Fernbank.  Ms. Schepers noted that while the motion refers to whether the new data is consistent with the model’s expectations, staff want to first validate current data results, after which the new data would be analyzed, which Ms. Schepers said would not be an extensive period of time.  

 

In response to questions from councillors, Mike Wildman, Manager of Suburban Development Review, provided the following:

·        The updating of the model was planned to include data collected over the summer.   All information will be inputted by mid-month with only an eight to ten day turnaround time. 

·        The model includes all the radar/storm cell information, high water marker elevation and gauge information gathered so far. 

·        Staff are confident that the standards, discussed at Council on September 9, 2009, as well as the third party review recommendations, endorsed by Council earlier in 2009, are sufficient to provide the required protection.

·        Based on the data collected, the model can already duplicate this summer’s storm implications.  All the new information will help achieve a robust and calibrated model.

·        As a result of the third-party review, Council approved a limit throughout Kanata West and Fernbank, until the model is calibrated, as well as the pending Environmental Assessment process, still underway.

·        For the five-week period, City staff will still be able to review development applications and move forward on them as far as possible, until the model’s findings are available.

·        Those on the list outside the urban area do not apply to the motion, including lands outside of Kanata West or Fernbank.

·        The Trinity land development, needed to build one of the major stimulus projects is imminent.

 

Tim Marc, Senior Legal Counsel, stated that a Council recommendation referencing the five-week period would be strategically useful, should someone appeal before the Ontario Municipal Board.

 

Councillor Qadri questioned what the implications would be regarding the Harmonized Sales Tax if residents were somehow delayed in occupying their residences.

 

In reply to further questions from Councillor Qadri, Mr. Weir confirmed that flows in the Stittsville Trunk directly impacted the Hazeldean Pumping Station with regard to Glen Cairn, but in addition to other factors. 

 

With regard to Recommendation 8, Councillor Wilkinson questioned bringing in consultants, with the wealth of City engineering expertise already at hand, before the report even comes forward. She also suggested an infrastructure needs assessment to determine the cause of the floods.  

 

Ms. Schepers clarified the intention of a third party review was to provide an independent point of view, and to ensure options and opportunities form a thorough list.   It will also provide the opportunity to learn from other communities who have likewise faced the same situations, as well as rebuild trust with especially those for whom this is a repeat occurrence.  Ms. Schepers stated that every effort is being made to use limited resources efficiently and prudently to find solutions that are exhaustive and supported.

 

In response to a comment from Councillor Wilkinson, Mr. Marc confirmed that where subdivisions were registered prior to the new standards being in place, the standards can be applied retroactively.`

 

Mr. Wildman stated that the intent is to advise Council before new commencement work moves forward where current standards were not going to be applied.

 

Chair Hume asked about the tangible implications of Recommendation 3.  Don Herweyer, Program Manager, Development Review Process, provided examples of developers who have projects going forward in the next five weeks whom it would affect directly (a few hundred units for Mattamy Homes in Fairwinds North).  It was noted however that Recommendation 4 did provide some exemptions, such as the Trinity application.

 

In response to questions, Mr. Marc reviewed applicable Planning Act law, as well as Building Code legislation, governing the Chief Building official, whom the City cannot direct, under provincial law.  Mr. Marc stated that the lack of Site Plan approval could keep development from happening.  However, once a plan of subdivision is registered, and where zoning is in place, developers are entitled to a building permit. 

 

Councillor Doucet expressed support for Councillor Feltmate’s motion, speaking to the perils of sprawl and building on floodplain.  He also spoke of the implications of climate change with respect to flooding and infrastructure capacity.

 

Mike Green, Doug Kelly and Kelly Roberts represented the Kanata West Owners Group.  Mr. Green countered Councillor Feltmate’s motion with the following points:

·        There is no issue with Recommendation 1; however, the model was built to analyze the reach of the Carp River from Hazeldean Road to Richardson Side Road.

·        Glen Cairn flooding is a local infrastructure issue, as the sewers cannot handle the water that they are receiving. 

·        Referencing Kanata West and Fernbank in the motion is unnecessary.

·        The City has done its due diligence with respect to Carp River Third Party Review.

 

Mr. Kelly sympathized with Glen Cairn, agreeing that its problems are localized and have nothing to do with Kanata West or Fernbank.  Many homebuyers have waited months, if not years, before occupying their new homes.  He also advised against letting some developments proceed while halting others.  He advised that development must proceed, including the work necessary to upgrade the pumping station.

 

Mr. Green agreed that the Hazeldean Pumping Station has capacity issues, and that   upgrades would prevent a recurrence.  The owners group has been working with staff to come to an agreement to upgrade the pump station, and they will be bringing the funding agreement forward to in October 2009.

 

Mr. Wildman suggested that expanding the pump station to plan for future capacity needs might still provide an extra level of protection, especially once the station is receiving all the potential flow from all the development lands.  He emphasized that the pump station was working as it should, with the exception of a 14-minute period when one pump was not working.

 

Steve Cunliffe, Regional Group of Companies, representing owners of the Richardson and Broughton lands on east side of Richardson Side Road, and most of Fernbank landowners, agreed that current processes in place enable staff to sufficiently deal with the issue.  He affirmed that continued development is part of the infrastructure solution.  Mr. Cunliffe received confirmation that Broughton and Richardson lands are not part of the moratorium.

 

Councillor Qadri moved that Recommendation 2 of the motion be amended to add the date of the Planning and Environment Committee as October 13, 2009.  Councillor Feltmate accepted the change as a friendly amendment.  He also suggested tabling Recommendation 3 until that time.

 

Moved by S. Qadri:

 

That Recommendation 3 be tabled until the October 13, 2009 meeting of the Planning and Environment Committee at which the results of the new modeling will be presented to Committee.

 

                                                                                                LOST

 

YEAS (2):        G. Hunter, S. Qadri

NAYS (5):       M. Bellemare, C. Doucet, D. Holmes, P. Feltmate, P. Hume

 

WHEREAS the flooding on July 24, 2009 was the third serious flood to affect the Glen Cairn neighbourhood in 14 years;

 

AND WHEREAS it was anticipated that some of the flooding problems in Glen Cairn would be addressed by the City’s efforts in increased drainage after the 2002 rain event;

 

AND WHEREAS having flooding occur after the work to increase capacity of the Carp River has left residents with concerns as to the adequacy of the provisions that have been made for further development in this area;

 

AND WHEREAS some residents are experiencing difficulty getting comprehensive home insurance;

 

AND WHEREAS this flood has affected even the newest built areas of Deer Run in Stittsville;

 

AND WHEREAS the most recent flooding has raised concerns amongst existing residents pertaining to plans for new development;

 

AND WHEREAS new development in some of the affected areas has proceeded using grandfathered predecessor municipality standards;

 

THEREFORE BE IT RESOLVED THAT for Stittsville and Kanata:

 

1.         Staff be directed to run the modeling for water levels in the Carp River with data updated to reflect the storm of July 24, 2009 and the super-saturated soil conditions and assess whether this new data is consistent with expectations produced by the model under such conditions.

2.         Staff report back to Planning and Environment Committee on October 13, 2009 on the results of running the model with the updated data.

3.         Until the modeling for water levels in the Carp River has run with updated data to reflect the storm of July 24, 2009 and a report has been made to Planning and Environment Committee, the City of Ottawa shall prevent building from proceeding in Kanata West and Fernbank lands which drain to the Carp River or its tributaries where it has the legal means to do so.

4.         Notwithstanding the recommendation in point 3 of this motion, construction of Federal/Provincial/Municipal Infrastructure Stimulus Projects where the deadline for completion is March, 2011, or development lands needed to support stimulus projects be permitted to proceed as well as facilities required for emergency services.

5.         Staff confirm in writing to Council whether or not any new development on previously registered lands is permitted to proceed on the basis of stormwater standards in place prior to the standards that were approved in November 2004.

6.         Where a draft approved plan of subdivision, which has yet to proceed to registration, would permit development on stormwater standards in place prior to November 2004, staff are directed to amend the conditions of approval to require that the new standards be utilized.

7.         Where a registered but undeveloped plan of subdivision, would permit development on stormwater standards in place prior to November 2004, staff shall advise Council in writing prior to the issuance of a Commence Work Notice.

8.         The planned third party review of the investigation into the flooding of July 24, 2009 be conducted by a firm that has not acted for any developer in any previous work on stormwater management with respect to lands drained by the Carp River or have links to another firm that has so acted.

 

CARRIED as amended with G. Hunter and S. Qadri dissenting.  P. Hume dissented on Recommendation 3.