7. ZONING - 8213 FLEWELLYN ROAD
ZONAGE – 8213, CHEMIN FLEWELLYN
That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 8213 Flewellyn Road from Rural Countryside (RU) and Mineral Extraction Subzone 2 (ME2) to Rural Residential (RR), Rural Residential Exception XXX (RR[XXXr]) and Rural Residential Exception XXY (RR[XXYr]) shown in Document 1 and detailed in Document 2.
Que le Conseil approuve une modification au Règlement de zonage 2008-250 afin de faire passer le zonage du 8213, chemin Flewellyn de RU (Zone d’espace rural) et ME2 (Zone d’extraction de minerai, sous-zone 2) à RR (Zone résidentielle rurale), RR[XXXr] (Zone résidentielle rurale dotée d’une exception XXX) et RR[XXYr] (Zone résidentielle rurale dotée d’une exception XXY), comme le montre le document 1 et l’explique en détail le document 2.
1. Deputy City Manager’s Report, Planning and Infrastructure Services dated 12 March 2012 (ACS2012-PAI-PGM-0018).
That the recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 8213 Flewellyn Road from Rural Countryside (RU) and Mineral Extraction Subzone 2 (ME2) to Rural Residential (RR), Rural Residential Exception XXX (RR[XXXr]) and Rural Residential Exception XXY (RR[XXYr]) shown in Document 1 and detailed in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de recommande au Conseil d’approuver une modification au Règlement de zonage 2008-250 afin de faire passer le zonage du 8213, chemin Flewellyn de RU (Zone d’espace rural) et ME2 (Zone d’extraction de minerai, sous-zone 2) à RR (Zone résidentielle rurale), RR[XXXr] (Zone résidentielle rurale dotée d’une exception XXX) et RR[XXYr] (Zone résidentielle rurale dotée d’une exception XXY), comme le montre le document 1 et l’explique en détail le document 2.
The land to which the proposed zoning amendment applies is the subject of two applications for subdivision. Both subdivision applications are draft approved. While there are technically two separate subdivisions they have been reviewed comprehensively and will be developed in a manner similar to two phases of the same development. As such they are referred to inter‑changeably as subdivisions and phases within this report. The subdivisions consist of about 74 hectares, with frontages on Flewellyn and Fernbank Roads, and are situated one lot east of Dwyer Hill Road. The first phase of the subdivision would access Flewellyn Road and would consist of 40 lots and one open space block on five new streets. Phase 2 would connect to the north side of Phase 1 and extend out to Fernbank Road. There is an existing licensed pit in Phase 2.
Purpose of Zoning Amendment
The zoning amendment would permit the residential development as shown on the approved draft plans of subdivision, with the limitations for setback as required in the draft approval conditions.
The existing zoning is Rural Countryside (RU) for the majority of the southerly portion of the property. The north portion is split into two zones: Rural Countryside (RU) and Mineral Extraction Subzone 2 (ME2).
The zoning application proposes to amend the zoning for the subject lands from Rural Countryside and Mineral Extraction Subzone 2 to Rural Residential zones. Specific exceptions zones have been requested for rear yard setback of 50 metres on Lot 13 in Phase 1 (D07-16-09-0026) to address MDS from agricultural activities. A separate exception zone is also intended for Lot 40 in Phase 1 and Lots 2 through 14 in Phase 2 with a 50 metre rear yard setback to address the proximity of those lots to a Limestone Resource Area. For Lot 1 in Phase 2 the setback is technically from the westerly interior side lot line and the exception zone reflects that.
The related subdivision applications were filed on December 9, 2009 within the Council approved ‘grandparenting’ provisions for the implementation of the moratorium on Country Lot Estate Subdivision and therefore were processed under the policies of the 2003 Official Plan.
The subject property is designated General Rural, with some Rural Natural Feature. A portion of the first phase of the development lies within the 300 metres of the existing pit.
Portions of the subject property lie within 500 metres of the Limestone Resource Area. The Provincial Policy Statement for Mineral Aggregate Resources is intended to protect the resource for long-term use. Incompatible development near a resource area that could hinder or preclude the extraction of the limestone would only be permitted if the extraction of the resource is not feasible or the proposed land use or the proposed development serves a greater long-term public interest; and issues of public health, public safety and environmental impact are addressed. The City’s Official Plan has designated Limestone Resources Resource Areas to protect the resource. The Official Plan also defines adjacent, as lands within 500 metres to a Limestone Resource Area. The Official Plan generally does not contemplate allowing development of conflicting uses within those adjacent areas. The Official Plan does contemplate the possibility of some development within the adjacent area if it can be demonstrated that the resource can still be extracted and if a quarry use would not impact the future residential uses. The applicant demonstrated this through the subdivision process.
Former Sand and Gravel Resource Area
The north portion of the subject site has an active sand and gravel pit licence issued by the Ministry of Natural Resources. The licensed pit lies solely within the Phase 2 portion of the subdivision. The applicant contends that the material for extraction is nearly exhausted and that rehabilitation is imminent. Any remaining materials within the extraction area will be used for the subdivision either as fill for lots and roads or to regrade the pit area to provide for safe slopes. The Ministry of Natural Resources has agreed that the materials remaining are minimal and that the pit could be rehabilitated through the approval of the subdivision. Essentially the pit rehabilitation plan will be the municipally approved subdivision grading and drainage plan and landscape plan.
The Provincial Policy Statement speaks to allowing the rehabilitation works to accommodate the subsequent land use in consideration of compatible adjacent uses. Section 3.7.4 of the Official Plan allows for depleted resource sites to be considered for uses identified under the General Rural Designation, which would include a residential subdivision. An Official Plan Amendment is not required to permit those alternate uses once the resource is completely depleted. Official Plan Amendment 94 redesignated the Sand and Gravel Resource to General Rural to reflect the depleted resource and facilitate the development proceeding.
Minimum Distance Separation
Minimum Distance Separation (MDS) 1 is applicable to new residential development proposing to locate in proximity to livestock facilities or manure storage facilities. MDS is not applicable to other types of agricultural operations. The applicant has provided an assessment of nearby properties and potential livestock facilities and manure facilities. The conclusion is that the rear of the proposed Lot 13, in Phase 1 of the subdivision lies partially within the MDS 1 of a nearby horse farm located on Fernbank Road. As a result, site specific zoning requirements for setback are required as a condition of approval. The lot has more than the minimum lot area to permit residential development to be located away from the potential area of influence of the agricultural operation.
Servicing will be addressed in detail through the subdivision final approval process and will occur on private wells and septic systems. The Hydrogeologic and Terrain Analysis Report has been filed and supports the proposed number and size of lots on private services and recommends the private wells be drilled into the lower bedrock aquifer (Nepean). Any lack of overburden will need to be addressed through the final approval of the subdivision as well as site specific septic permits.
The requested zoning is Rural Residential (RR) with exceptions as required by the subdivision draft approval conditions. The exception for Lot 13 in Phase 1 of the subdivision is to limit the rear yard setback such that the building and development envelope on the lot lies outside of the MDS of the adjacent equestrian farm. The other exception is to ensure that there is a no development area at the rear or westerly lot line of lots that are closest to the Limestone Resource Area, those being Lot 40 in Phase 1 and Lots 1 through 14 in Phase 2 of the subdivisions.
There is a small block in Phase 1, backing onto 8293 Flewellyn Road which will be merged with that property and remain zoned Rural Countryside.
The Rural Residential zone is an appropriate zone as it contemplates a minimum 0.8 hectare lot with residential uses as the main use. In addition, the exception zones ensure the lot development will remain consistent with the Provincial Policies and Official Plan policies for mineral aggregates and agricultural uses.
The property is subject to two draft approved subdivisions applications under file numbers D07‑16-09-0026 and D07-16-09-0027.
The zoning will implement conditions of the subdivision draft approvals to ultimately permit the development of 77 new rural residential lots.
The Ward Councillor is aware of the application and has expressed no objections.
There are no legal implications associated with this report, however, if Council approves the report and an appeal is brought before the Ontario Municipal Board it is anticipated that a hearing will take approximately two days and utilize internal resources. Should Council not approve the report, it is anticipated that outside planning and transportation expert witnesses will be retained at a cost of approximately $55,000-$65,000 for a two day hearing.
RISK MANAGEMENT IMPLICATIONS
There are no risk management implications.
There are no direct financial implications. If Council approves the report, and an appeal is brought before the Ontario Municipal Board, staff resources will defend Council’s position. However, should Council not approve the report, it is anticipated that outside planning and transportation expert witnesses will be required to be retained at a cost of approximately $55,000-$65,000 for a two-day hearing. Funds are not available from within existing resources and the expense would affect Planning and Growth Management’s 2012 operating status.
There are no accessibility implications associated with this report.
Environmental implications with respect to the quality and quantity of ground and surface water are being addressed through the subdivision draft approval conditions for final approval. Identification of existing vegetation and habitat occurred through the subdivision draft approval process and retention and protection is being implemented through conditions as well.
There are no direct technical implications associated with this report.
The zoning for the 77 new rural lots will facilitate the development of the subdivision that will meet the Strategic Plan Objective EP3 in supporting the local economy and also will pursuant to objective ES2 work to protect the natural systems and thereby met the ES3 objective of reducing the environmental impact of the development.
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the timing of the receipt of comments and the Committee meetings dates.
Document 1 Location Map
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
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.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
1. Rezone the subject properties as shown in Document 1 such that:
a. Area A is rezoned from RU to RR;
b. Area B is rezoned from ME2 to RR
c. Area C is rezoned from RU to RR[XXXr];
d. Area D is rezoned from ME2 to RR[XXXr]; and,
e. Area E is rezoned from ME2 to RR[XXYr].
2. Amend Section 240 – Exceptions of By-law 2008-250 to create an exception, RR[XXXr], , that includes in effect the following:
In Column V
“- minimum rear yard setback: 50 m”.
3. Amend Section 240 – Exceptions of By-law 2008-250 to create an exception, RR[XXYr], , that includes in effect the following:
In Column V
“- minimum westerly interior yard setback: 50 m”.
CONSULTATION DETAILS DOCUMENT 3
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 for the zoning application were held.
COMMUNITY ORGANIZATION COMMENTS
Comment: Country Club Village Residents have a particular interest in those developments proposed for lands close by to our community but the Flewellyn Zoning is also of interest in that it promises to add significant numbers of residents in the area and will result in more traffic and demands for services.
Response: Based on a review of the proposal at the time of the application for the two plans of subdivision no concerns were found by City transportation staff with respect to demands on existing roads and intersections.
ADVISORY COMMITTEE COMMENTS
Ottawa Forests and Greenspace Advisory Committee
Comment: Given clear strategic guidance from the Official Plan to not allow dwellings near a Limestone Resource Area, the City has approved two subdivisions within the 500 metre recommended buffer.
Response: The Official Plan does contemplate some development within adjacent lands provided it would not impact the use of the resource and the resource extraction would not impact the residents.
Comment: Conditions on the subdivision must reinforce the implementation and enforcement of mitigation measures proposed for the subdivisions, including proposed rear yard setbacks for lots 13, 14 and 40 (Phase 1) and Lots 1-14 (phase 2).
Response: The exception zones proposed have been tailored to address those concerns.
Comment: If the LRA (Limestone Resource Area) is considered for development, OFGAC requests that it be consulted on the application, given the proximity of the site to a Provincially Significant Wetland.
Response: Applications are circulated to Advisory Committees.
Comment: OFGAC supports the mitigation measures outlined in the Environmental Impact Statement and Tree Conservation Report prepared by Muncaster Environmental Planning Inc, including designing with nature by placing homes on the least treed portions of the lots.
Response: The report is to be implemented through the subdivision process.
Comment: Significant trees worth retaining on specific lots are outlined on page 19 of the tree conservation report and should be protected.
Response: The tree conservation report is being implemented through the draft approval conditions.
Comment: The on-site rural natural feature must be retained as much as possible to allow for wildlife connectivity and to protect the city’s tree canopy.
Response: Future owners are being encouraged to preserve trees along property lines and the areas of significant tree cover through the conditions of draft approval.
Comment: The specific best practices and mitigation measures to protect the critical root zones of trees during construction and back yard hard landscaping be a requirement of the sales agreement and deed of sale.
Response: Owners are being notified of tree preservation matters through purchase and sale agreements.
Comment: As stipulated in the OP Section 4.7.2 Policy 1.g. - Ensure that the proponent provides a reference document for future residents on the importance and care of trees on their property.
Response: Distribution of Handbooks on conservation of trees is a requirement in the draft conditions of subdivision approval.
Comment: In accordance with the assessment undertaken by Aercoustics Engineering Ltd and by on the noise impacts of potential future quarry operation in the Limestone Resource Area (LRA), appropriate warning clauses should be included in the subdivision agreement and on title for all lots to inform purchasers of the existence of the LRA and the potential that a quarry operation will be established.
Response: It is not likely that a quarry will establish in proximity to the site due to the size and configuration of the resource as well as its impact on the abutting large and provincially significant wetland. Without the specific details of a licensed quarry we cannot implement noise conditions on title.
Comment: Noise control measures will have to be put in place to ensure that a potential future quarry operation would comply with the Ministry of the Environment noise guidelines at the residences in the subdivision.
Response: This would be addressed through a quarry licensing process.