Report to / Rapport au:

Planning and Development Committee /

Comité de l’urbanisme et de l’aménagement

 

and Council / et au Conseil

 

01 November 2002 / le 01 novembre 2002

 

Submitted by / Soumis par:  Ned Lathrop, General Manager / Directeur général

Development Services Department / Services d’aménagement

 

Contact / Personne-ressource:  Grant Lindsay, Manager, Development Approvals /

Gestionnaire, Approbation des demandes d’aménagement

580-2424 Ext. 13242, grant.lindsay@ottawa.ca

 

 

Ref N°:   ACS2002-DEV-APR-0227

 

 

SUBJECT:     APPEAL TO THE ONTARIO MUNICIPAL BOARD ON A REFUSAL OF A MINOR VARIANCE - 835 BERRY SIDE ROAD

 

OBJET:          APPEL DEVANT LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO CONCERNANT LE REJET D’UNE DEMANDE DE DÉROGATION MINEURE – 835, CHEMIN SECONDAIRE BERRY

 

 

REPORT RECOMMENDATIONS

 

That Planning and Development Committee recommend that Council confirm the refusal of both the consent application OZC2001/B-00539 and the minor variance application OZA2002/A-00141 by the Committee of Adjustment for 835 Berry Side Road.

 

That staff defend the decisions of the Committee of Adjustment and that disposition of appropriate staff resources, from the Corporate Services and Development Services Departments be committed for participation in the Ontario Municipal Board hearing.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme et de l’aménagement recommande au Conseil de confirmer le rejet, par le Comité de dérogation, de la demande d’approbation OZC2001/B-00539 et de la demande de dérogation mineure OZA2002/A-00141 visant le 835, chemin secondaire Berry.

 

Que le personnel défende la décision du Comité de dérogation, et que l’effectif nécessaire soit déployé des Services généraux et des Services d’aménagement pour participer aux audiences de la Commission des affaires municipales de l’Ontario.

BACKGROUND

 

Novatech Engineering Consultants Limited, on behalf of KWA Holding Corporation, are appealing the decisions by the Committee of Adjustment to refuse the severance of 5 hectares from a 18.2 hectare parcel and a minor variance to allow for a reduction in the average lot size of the proposed lots from 10.0 hectares to 6.5 hectares.  The subject property, 835 Berry Side Road, is part of Lot 21, Concession 5.

 

Previously, the owner applied for consent to sever an 18.2 hectare parcel of land located on Berry Side Road in the former City of Kanata.  The request was for consent to sever a parcel of land, 5 hectares in area, with frontage of approximately 130 metres on Berry Side Road, with a retained parcel of 13.2 hectares and frontage of 390 metres (which includes a 30 metre buffer zone between the severed parcel and the Provincially Significant Wetland).  However, staff requested and the Committee deferred this application on February 19, 2002 to obtain further information.  The application was again heard by the Committee on March 19, 2002.  Staff recommended that it be denied since it would not conform with the policies of the Official Plan for the former City of Kanata.  The application was subsequently deferred by the Committee at the request of the applicant at the March 19, 2002 meeting.  The application was denied on the May 2, 2002 Committee of Adjustment Meeting.

 

This is the second request for a severance from the original 20.2 hectare holding.  In September 1996, KWA Holdings Corporation submitted an application to sever a 2.02 hectare parcel of land from the 20.2 hectare site.  The Committee of Adjustment of the former City of Kanata granted this severance application in November 1996, as the severance complied with the 10 ha average lot area requirements of the Zoning By-law and the Official Plan.

 

ANALYSIS

 

The property is designated as Natural Environment Area (B) in the Regional Official Plan.  Country lot residential development is permitted with this designation if all of the following conditions can be met:

 

  1. That it can be demonstrated through the completion of an Environmental Impact Statement that the development will not have a negative impact on the significant natural features and functions in the area;
  2. That the Environmental Impact Statement be prepared in accordance with Section 5.4.4; and
  3. That the proposed lot(s) can meet all of the other requirements for lot creation in the General Rural Area Policies in Section 3.7.4.

 

The property is designated as Marginal Resource (Restricted) in the Official Plan for the former City of Kanata.  This designation is used from lands within the rural area which are considered to be environmentally sensitive due to the presence of one or more of the following features: extensive vegetation, water bodies, rugged relief, and organic deposits. This area is designated as Marginal Resource (Restricted) due to its proximity to Constance Lake and the significant wetland.  The Mississippi Valley Conservation Authority has reviewed the Environmental Impact Statement and are satisfied there would be no significant impact on the Provincially significant wetland.

 

The properties within this designation are subject to the following policy referring to the lot sizes.  When any lot in existence as of October 3, 1978 and designated Marginal Resource (Restricted) is initially divided or further divided at some later time, the resultant portions of the original lot shall have an average continuous frontage of 120 metres and an average lot area of not less than 10 hectares, provided no new lot and no remnant lot has less than 2.0 hectares, except as may be provided for in Section 4.1.5.

 

The Site is zoned Marginal Resource (Restricted) in Zoning By-law 74-79, the by-law for the March Rural Community.  The provisions for this zone include a minimum lot area of 2.0 hectares (for lots created by severance) and a minimum lot frontage is 60.0 metres (for lots created by severance).  As well, the Zoning By-law states that when any lot in existence as of October 3, 1978 and zoned Marginal Resource (Restricted) is initially divided by severance or further divided by severance at some later time, the resultant portions of the original lot shall have an average lot frontage of 120 metres and an average lot area of not less than 10 hectares.

 

The applicant has received one severance on the original property in 1996 and an additional severance would not conform with the Marginal Resource (Restricted) policies in the former City of Kanata Official Plan or the requirements of the Zoning By-law.  The Committee can grant relief from the by-law but not the Official Plan.  If the applicant wishes to proceed with the severance an Official Plan amendment is required.  The policies are clear in this matter and are intended to protect these natural features from incursions by development.

 

Staff support defending the appeals as the decision to deny the severance and minor variance was based on the former City of Kanata Official Plan policies as described above.

 

FINANCIAL IMPLICATIONS

 

Direct costs to the City would be comprised of the cost of Legal Services Branch and Development Services Department staff preparing for and attending the OMB hearing to defend the City’s position.  As representation is by existing City staff, there is no external cost to the City.

 

ATTACHMENTS

 

Document 1 – Location Plan

Document 2 – Letter of Appeal, OZC2001/B-00539

Document 3 – Letter of Appeal, OZV2001/B-00141

 

DISPOSITION

 

That appropriate staff resources, from the Corporate Services and Development Services Departments be committed for participation in the Ontario Municipal Board hearing.

 

Location Plan                                                                                                                     Document 1

 

Letter of Appeal, Ozc2001/B-00539                                                                                 Document 2

 

Letter of Appeal, Ozv2001/B-00141                                                                                 Document 3