|
7.
ZONING – 1626
Old Prescott Road ZONAGE - 1626, chemin old prescott |
COMMITTEE
RECOMMENDATION
That Council approve an amendment to the Zoning By-law 2008-250 to
change the zoning of a portion of 1626 Old Prescott Road from Development Reserve
Subzone 1 (DR1) to Village Residential First Density Subzone D (V1D) as shown in Document 1.
RECOMMANDATION DU COMITÉ
Que le Conseil approuve une modification au
Règlement de zonage 2008-250 en vue de faire passer le zonage d’une partie du
1626, chemin Old Prescott de zone d’aménagement futur, sous-zone 1 (DR1) à zone résidentielle de village de densité 1,
sous-zone D (V1D), tel qu’illustré dans le document 1.
Documentation
1. Deputy City Manager’s Report, Infrastructure
Services and Community Sustainability, dated 5 August 2011 (ACS2011-ICS-PGM-0155).
2. Extract of Draft Minutes, 1 September 2011.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des
affaires rurales
and Council / et au Conseil
05 August 2011 / le 05 août 2011
Submitted by/Soumis par :
Nancy Schepers, Deputy City Manager/Directrice
municipale adjointe, Infrastructure Services
and Community Sustainability/Services d’infrastructure et Viabilité des
collectivités
Contact
Person/Personne-ressource : Derrick Moodie, Manager/Gestionnaire, Development
Review-Rural Services/Examen des projets d'aménagement-Services ruraux,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 15134 Derrick.Moodie@ottawa.ca
|
SUBJECT: |
|
|
|
|
|
OBJET : |
REPORT RECOMMENDATION
That the Agriculture
and Rural Affairs Committee recommend Council approve an amendment to the
Zoning By-law 2008-250 to change the zoning of a portion of 1626 Old Prescott
Road from Development Reserve Subzone 1 (DR1) to Village Residential First Density
Subzone D (V1D) as shown in
Document 1.
RECOMMANDATION
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 en vue de faire passer le zonage d’une partie du 1626, chemin
Old Prescott de zone d’aménagement futur, sous-zone 1 (DR1) à zone résidentielle de village de densité 1,
sous-zone D (V1D), tel qu’illustré dans le document 1.
BACKGROUND
The subject property is
18.6 hectares and is bounded by existing residential subdivisions to the north
(Stanley Park) and west (Lakeland Estates) and by a pond under private
ownership (Lakeland Estates) as well as a draft approved plan of subdivision
(Shadowridge Estates) to the south. To
the east of the proposed development are lands under the same ownership, which
extend east to Old Prescott Road. These
lands consist of an area of approximately 40.71 hectares which will be
developed under separate application in the future and as described in the
Village of Greely Community Design Plan.
Lakeland
Meadows Subdivision is addressed as 1626 Old Prescott Road and the Agriculture
and Rural Affairs Committee authorized draft approval of the subdivision at the
March 3, 2011 meeting. As a condition of
approval, the lands will need to be rezoned as they are currently zoned Development
Reserve Subzone 1. The subdivision draft approval - as approved by
the Agriculture and Rural Affairs Committee - contains conditions requiring
certain lots to remain zoned Development Reserve until such time as it is
demonstrated that there is no threat to the nearby municipal drinking water
supply and requiring setbacks to the adjacent waterbody. The draft approval of the subdivision has been appealed to the
Ontario Municipal Board by neighbours.
The subdivision proposes 39 lots for single detached dwellings serviced by private wells and
septic systems, a single block for
a future road extension, and a road system that includes portions of three
streets. The subdivision has been
designed to orient five lots (Lots 1-5) onto the east side of Lakeshore Drive,
of those five lots; Lots 4 and 5 could either front onto or flank that street.
Proposed Zoning
The requested zoning is Village
Residential First Density Subzone D (V1D).
The proposed zoning would rezone some of the lots within the proposed
plan of subdivision to V1D and the balance would remain DR1.
DISCUSSION
Official Plan and Greely Community Design Plan
The subject application has been examined pursuant to the provisions of the Official Plan, the Village of Greely Community Design Plan, the Planning Act and the Clean Water Act.
The Official Plan designates the site as “Village”. The intensity and distribution of land uses are to be determined in the context of the Community Design Plan (CDP) for the Village of Greely. These lands are designated “Residential” in the CDP. The development is in conformity with the Official Plan and the Village of Greely Community Design Plan.
Hydrogeology
The CDP anticipated lot sizes in the “Residential” areas to be 0.2 hectares in size or greater. The applicant has submitted a hydrogeological and terrain analysis study, which supports the draft plan of subdivision, as initially proposed as 40 lots on 18.7 hectares of land. Staff, in conjunction with the Rideau Valley Conservation Authority and the South Nation Conservation Authority concur that the proposed lot sizes are acceptable.
Drinking Water Source Protection
Under the Ontario Clean Water Act, local source water regions have been directed to prepare Drinking Water Source Protection Plans. The subject site lies within the Raisin-South Nation Source Water Protection Region. The first step in the process was to prepare assessment reports to identify protection areas for the various municipal sources of water including wells and intakes on rivers. The draft assessment report is complete and with the Ministry of the Environment for approval. The next step in the process is to prepare a Drinking Water Source Protection Plan which is being initiated and is to be completed within the next year.
In consideration of the Clean Water Act and in anticipation of
the Drinking Water Source Protection Plans being completed in August of 2012, implementation
of zoning restrictions with respect to the threat posed by the septic systems
within the Wellhead Vulnerability Area scoring 10, is appropriate. In this case, the draft approval conditions
for the subdivision specify that ‘Lots 11 through 14 and Lots 29 and 30 lie
within the Wellhead Protection Area B of the Shadowridge Municipal Well and
shall remain zoned Development Reserve until such time as it can be
demonstrated the prescribed risks are negated’.
Roads and Traffic
The Traffic Assessment determined that the proposed subdivision would have a minor impact on the operation of traffic along Stagecoach Road and the intersections of Lakeshore Drive (north and south) and Stagecoach Road. No roadway modifications were necessary as a result of the proposed development. Staff reviewed the report and concur with the study’s conclusions.
Setbacks to Water
There is a private lake or pond immediately to the south of the subject development. In order to help ensure the water quality of the pond setbacks for development formed a condition for the
The subdivision draft approval contains the following condition:
‘ The Owner acknowledges and agrees that the
zoning by-law provisions will require a minimum 15 metre “no touch” setback
from the top of bank and/or a 30 metre “no development” setback from the
high-water mark, whichever is greater, from pond immediately south and lying
within Block 31, Plan 4M-500. This shall apply to Lot 1 and Lots 20 through 23
on the draft plan.’
The standard requirement within the Zoning
By-law is a 30 metre setback from the waterbody. Additional zoning requirements
are not necessary and ensuring a no-touch area can be done through the
subdivision approval process.
Details of Zoning
The subdivisions lands would be zoned V1D which has a minimum lot size of 2700 sq m with a 30 m minimum lot width and a 7 metre minimum front yard. The proposed lots fronting onto Lakeshore Drive are greater than 4000 square metres and have a range of lot width from 44 to 60 metres. Lots internal to the subdivision tend to be slightly smaller in area and width.
Lakeland Estates, immediately adjacent to the subject lands is zoned Rural Residential Subzone 4 (RR4) with a minimum lot area of 4000 sq m, minimum lot width of 30 metres and a minimum front yard setback of 7.5 m. The actual lots on Lakeshore Drive in the vicinity of the proposal range in size from 4000 to 6000 square metres with lot widths from 40 to 80 metres. Typical actual front yard setbacks range from about 15 to 25 metres from the street lot line to the homes.
The V1D zone is the village residential subzone that is the most similar with respect to lot area, width and front yard setback to the RR4 zone of the abutting properties on Lakeshore Drive. The proposed zone will allow the new development along Lakeshore Drive to respect the existing streetscape and development.
The lots internal to the subdivision, while tending to be somewhat smaller than those proposed along Lakeshore Drive still are close to double the size of the village residential lots immediately to the north. Those lots on Scottanne Street are zoned V1I and V1I[632r] – with minimum areas of 1390 and 2000 square metres, minimum frontages of 30 metres, and front yard setbacks of 7.5 metres. The lots on Scottanne Street and those in the future subdivision would back onto each other and maintenance of a consistent streetscape is therefore not an issue that needs to be considered.
Lots 11 through 14 and Lots 29 and 30 will remain zoned Development Reserve Subzone 1 as required by the draft approval condition.
Concurrent Application
The subdivision draft approval has been appealed to the Ontario Municipal Board. No hearing date has been identified at this time.
Summary
This proposed zoning is in keeping with the policies of the Official Plan and the Village of Greely Community Design Plan and respects the intent of the Clean Water Act. Leaving the lots, that lie within the Wellhead Protection Area and could pose a threat to the municipal well, zoned Development Reserve Subzone 1 respects the Clean Water Act. The proposed zoning is generally in keeping and compatible with the zone for the residential properties on Lakeshore Drive and those on the abutting village subdivision.
RURAL IMPLICATIONS
Approval of this zoning application for the draft plan of subdivision is consistent with the Greely Village Community Design Plan.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Details of the responses to the circulation can be found in Document 2.
COMMENTS BY THE WARD COUNCILLOR(S)
The Ward Councillor is aware of this application.
LEGAL IMPLICATIONS
There are
no legal implications associated with this report.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications associated with this report.
FINANCIAL IMPLICATIONS
The draft Plan of Subdivision has been appealed to the Ontario Municipal Board, and if the appeal is successful, modifications to zoning will be required. Should this Application for Re‑Zoning be appealed to the Board, it is expected that these issues can be dealt with during the three days anticipated for the appeal to deal with the draft Plan of Subdivision.
ENVIRONMENTAL
IMPLICATIONS
Any outstanding environmental issues will be dealt with through the subdivision approval process. These would include details of landscaping, grading and drainage, as well as stormwater management.
TECHNOLOGY IMPLICATIONS
CITY STRATEGIC PLAN
The proposed development and planning applications align with the City Strategic Plan in that the rural village is preserved and the limits of existing hard services are respected.
APPLICATION PROCESS TIMELINE STATUS
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Consultation Details
DISPOSITION
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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.
LOCATION MAP DOCUMENT
1
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. No public meetings were held in the community for the zoning application.
PUBLIC COMMENTS
Public comments were received on the circulation of the zoning application to owners within 120 metres of the subject lands and registered Community Associations within the area. Two objections were filed with the following comments:
SUMMARY OF PUBLIC INPUT
A summary of the comments received is outlined
below, along with responses.
Comment: Lakeshore Drive is not
to current road standards and construction traffic will damage the road as well
as presenting safety, noise and dust concerns.
Response: Construction
traffic is to access off of Old Prescott Road, save for the construction of the
three to five homes fronting onto Lakeshore Drive.
Comment: Traffic will increase
and be a safety concern for residents on Lakeshore Drive. The developer needs
to find other access roads.
Response: The
39 lot development road design and road speeds have not warranted specific
traffic safety concerns.
In
the long term, with the complete build out of all lands under the applicant’s
ownership, it is anticipated that much of the internal traffic will use the
north south collector or head easterly to Old Prescott Road.
Comment: Concern was expressed
about the complete development of the Owner’s lands and why we were not
requiring him to file the application for all the lands as we did with Quinn
Farm.
Response: Quinn
Farms was required because they were proposing undersized lots and needed to
look at ground water impacts comprehensively.
This development involves a more standard form of village residential
lot size. In addition, they did file a
concept for the balance of their lands that is all in keeping with the lotting
and road pattern identified within the Community Design Plan for Greely.
Comment: The
developer should be required to prepare detailed assessment of the impact on
the Shadowridge well now.
Response: As
noted Quinn Farm were proposing a different size lot than the traditional
septic systems would allow and that was why more details were required for the
draft approval of that development. In
this case the Hydrogeologic Report was based on traditional septic systems and
proposed lot sizes exceeding those in Quinn Farm. The lots lying within the Wellhead Protection
Area posing a significant potential threat from the septic systems on those
lots will not be zoned until the owner/developer can demonstrate there is no
impact on the Shadowridge well.
Comment: The
developer should be required to provide detailed engineering and design at this
time, for roads, and grading and drainage as there are current issues with
basement flooding, park damage and degradation to the private lakes.
Response: Preliminary
stormwater management reports have been reviewed and accepted by the City and
South Nation Conservation Authority, and is in compliance with the Shields
Creek Watershed Study which established criteria for looking at stormwater for development
in Greely and area. The draft approval
contains conditions requiring that the detailed engineering be completed prior
to final approval and registration of the subdivision.
Comment: The
developer should start the development on the Old Prescott Road frontage as was
done with other adjacent developments to facilitate orderly development.
Response: Through
this concession development has happened historically more so off of Stagecoach
Road and only more recently has it started off of Old Prescott Road. In this case, the developer is proposing
slightly larger than standard lots to blend in with Lakeland Estates. Smaller more standard lots are conceptually
proposed for the more easterly portion of the property and potentially even
smaller lots if they can arrange connection to the Shadowridge communal water
and sewage systems. The lot fabric is in keeping with the adjacent
developments.
Comment: The
developers in the area should be obligated to construct the north south
collector road before the development is constructed.
Response: The
completion of the north south road is outside of this application and is
dependent on the phasing of not only this applicant’s additional lands for
development but also the lands of the owners to the north and south. We cannot
force one developer to construct all portions of that road when they have
alternative access. The construction
would occur as part of the development and could not predate it. No concerns
with safety have been identified through the traffic study and construction
traffic will be using another access. We
will be assessing the need for the collector with each application for
development filed. This includes the
extension of draft approval and each phase of registration for Shadowridge as
well as any subsequent planning application for the balance of this owner’s
lands.
Comment: Lakeshore
Drive was designed and constructed to an older standard and therefore cannot
accommodate any additional development.
Response: The
majority of the lots as well as the street were created through two plans of
subdivision and the two portions of Lakeshore Drive were designed and
constructed to the Osgoode Township standard for public roads of the day. They
were also dedicated to the Township as public streets. The standards are now changed. The conditions
of approval require the developer to use a construction access off of Old
Prescott Road through the balance of the owner’s lands.
Comment: The
lakes in Lakeland Estate could be polluted from this development
Response: The
conditions for final approval require that a 30 metre buffer is maintained with
no development, which will include a 15 metres no-touch buffer for any portions
of the properties that lie within 15 metres of the more easterly lake. Any
drainage will be directed away from the lakes.
Comment: Adjacent
owners indicated they will not support the creation of any road connection to
Lakeshore Drive. Other developments have recently been approved without
connections – that is the way Greely should be developing to allow these small
neighbourhoods within it.
Response: The
Greely Village Community Design Plan specifically identifies a road connection
from Lakeshore Drive to the subject lands.
Connections are needed to facilitate traffic (vehicles, pedestrians and
bicycles) flow, service deliver for mail, garbage, road maintenance and school
busing. There is some flexibility to
change connections. For example most
recently Quinn Farms was draft approved with two of the three road connections
envisioned in the CDP with the connection remaining solely for a pathway
connection.
Comment: The
City should be requiring the 5% parkland be dedicated for this subdivision to
provide for the subdivision as the cash-in-lieu payment is not required for the
nearby developed parks.
Response: The
Community Design Plan identifies the location of parks for the developing part
of Greely. In this case there is to be
parkland at the south end of Quinn Farm which will be extended southward into
the balance of this owner’s land when that proposal proceeds. Any balance of parkland owing or paid would
be used towards developing this and other new or underdeveloped parks.
Comment: The V1D zone could be
supported for the lots on Lakeshore if there were no road connection.
Response: The road connection
is identified in the CDP and was supported by Agriculture and Rural Affairs
Committee when the draft plan was brought forward for approval.
Comment: The lots fronting
onto Lakeshore should be at least 0.8 hectares in size – the same as the
balance of the lots on Lakeshore Drive.
Response: In fact, not all the
lots are 0.8 hectares along Lakeshore Drive but range in size from about 0.4
through 0.8 hectares. The Community Design Plan contemplates residential lots
size of approximately 0.2 hectares or greater. Minimum rural residential lots
sizes are 0.8 hectares. All the proposed
lots in the new subdivision exceed the .2 ha and are closer to .4. All lots along Lakeshore Drive exceed .4 ha
in size.
Comment: The City should
refuse any potentially higher density development on the balance of the owner’s
lands as it is not support at all by the community, neighbours or Councillor.
Response: The Community Design
Plan contemplates the possibility of the higher density if connected to
services and is a Council approved document.
Until that document is amended to remove that possibility of connection
to communal services and allowing for higher density than minimum .2 ha
residential lots and thereby, essentially removing development potential from
these lands, the City cannot limit that possibility.
COMMUNITY ORGANIZATION COMMENTS
No comments have been received to date.