4. OFFICIAL PLAN - 2761 Moodie Drive

PLAN OFFICIEL - 2761, promenade moodie

Committee RECOMMENDATION

That Council approve an amendment to the City Council Approved Official Plan and the former Region of Ottawa-Carleton Official Plan to add a site-specific policy for 2761 Moodie Drive as shown in Document 1 and as detailed in Document 2.

RECOMMANDATION du comité

Que le Conseil approuve une modification au Plan officiel approuvé par le Conseil municipal et au Plan officiel de l’ancienne Région d’Ottawa-Carleton pour ajouter une politique propre au site pour le 2761, chemin Moodie comme l'illustre le document 1 et le précise le document 2.

For the information of council

Committee Chair Hume read a statement required under the Planning Act, wherein he advised that anyone who intends to appeal this proposed Official Plan Amendment to the Ontario Municipal Board (OMB), must either voice their objections at the public meeting, or submit their comments in writing prior to the amendment being adopted by City Council. Failure to do so could result in refusal/dismissal of the appeal by the OMB. No delegations were present.

Pour la gouverne du Conseil

Le conseiller Hume, président du Comité, a lu un énoncé en vertu de la Loi sur l’aménagement du territoire, stipulant que quiconque souhaite interjeter appel auprès de la Commission des affaires municipales de l’Ontario (CAMO) de la modification au Plan officiel doit exprimer ses objections à la réunion publique ou soumettre ses commentaires par écrit avant que la modification ne soit adoptée par le Conseil municipal, faute de quoi son appel pourrait être rejeté par la CAMO. Aucune délégation n’était présente.

Documentation

Deputy City Manager, Planning and Growth Management report dated 2 August 2005 (ACS2005-PGM-APR-0175).

Report to/Rapport au :

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

and Council / et au Conseil

2 August 2005 / le 2 août 2005

Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/Directeur municipal adjoint,

Planning and Growth Management / Urbanisme et Gestion de la croissance

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x28310, Karen.Currie@ottawa.ca

Bell-South Nepean (3)

Ref N°: ACS2005-PGM-APR-0175

SUBJECT:	OFFICIAL PLAN - 2761 Moodie Drive (FILE NO. D01-01-05-0015])

OBJET :	PLAN OFFICIEL - 2761, promenade moodie

REPORT RECOMMENDATION

That the Planning and Development Committee recommend that Council approve an amendment to the City Council Approved Official Plan and the former Region of Ottawa-Carleton Official Plan to add a site-specific policy for 2761 Moodie Drive as shown in Document 1 and as detailed in Document 2.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme et de l’environnement recommande au Conseil d’approuver une modification au Plan officiel approuvé par le Conseil municipal et au Plan officiel de l’ancienne Région d’Ottawa-Carleton pour ajouter une politique propre au site pour le 2761, chemin Moodie comme l'illustre le document 1 et le précise le document 2.

BACKGROUND

Living Word Believers Fellowship, a registered non-profit organization, own or are in the process of purchasing the subject property, which will be known as 2761 Moodie Drive. The proposed site is a 0.8 hectare parcel of vacant land and is the proposed location for a new multicultural community church and childcare facility. The site is located between Moodie Drive and Highway 416 and physically fronts Fallowfield Road.

The proposal is to construct a 418 square meter church for the “Living Word Believers”. Access is being proposed via a private access to Moodie Drive as the site fronts a controlled access highway. The applicant has also requested that the subject land be serviced by municipal water and have an on-site private septic system.

City Council Approved Official Plan

The site is designated as an Agricultural Resource Area in the City Council Approved Official Plan. The Plan contains policies to permit a select range of commercial and industrial development on properties that border the interchanges of Highway 416 and Highway 417 outside the Greenbelt.

Some of the key policies to take into consideration are that the lands be immediately adjacent to Highway 416, are of sufficient size for the proposed use and servicing, that there is no reasonable alternative location which avoids Agricultural Resource Areas and that there is no reasonable alternative location which avoids Agricultural Resource Areas with lower capability soils for agriculture.

Per the Provincial Policy Statement (PPS), a "prime agricultural area… may also be identified through an alternative agricultural land evaluation system approved by the Province." The City Council Approved Official Plan has identified and designated its prime agricultural areas based on the approved Ottawa-Carleton Land Evaluation Area Review for Agriculture (LEAR) evaluation system. The LEAR considers other factors, in addition to soil capability for agriculture, to determine potential for agriculture. Factors such as existing land use, land use of surrounding parcels, land fragmentation, and size of land holdings. The LEAR score for the subject property scored between 120 and 130 indicating a poor potential for agriculture.

Regarding the proposed water extrension, the City Council Approved Official Plan indicates that Public Service Areas (areas with public water and/or wastewater services) and the terms under which services are provided are generally defined in the Infrastructure Master Plan. However, in some cases the details regarding Public Service Areas and the terms under which services are provided are contained in agreements or by-laws. The Plan indicates that the "City will discourage future growth on the basis of partial services, particularly where the City water is provided to resolve a groundwater contamination issue."

Former Region of Ottawa-Carleton Official Plan (ROC)

As Section 3.2 Agricultural Resources and Section 2.3.2 Water and Wastewater services, of the City Council Approved Official Plan are under appeal, an amendment to the Region of Ottawa-Carleton Official Plan would be required to permit the severance of a lot, development of an institutional use and extension of the watermain to this site.

Policies in the former Regional Official Plan are similar to those found in the City Council Approved Official Plan. The site is designated as an Agricultural Resource Area and there are similar policies to permit a select range of commercial and industrial development on properties that border the interchange for Highway 416 and Highway 417 outside of the Greenbelt.

The former Regional Official Plan also identified and designated its prime agricultural areas through the Land Evaluation and Area Review (LEAR) evaluation system.

In regards to partial services, the policies under Section 10.3.7 (5) states "Council shall not extend or assume any water services beyond that shown on Schedule H without amendment to this Plan." Furthermore, Council shall "Consider an amendment to Schedule H and Table 13 or Table 14 below, where a public health problem arises and Council determines that the installation of Regional water and/or wastewater services is the best solution…"

DISCUSSION

Staff has reviewed this application based on the Highways 416 and 417 Interchange policies, as well as the agricultural viability of the site, and resulting from this analysis, is recommending approval of the requested amendments.

Interchange Policy

Notwithstanding the primacy of farming as a use for lands designated Agricultural Resource Area, a select range of commercial and industrial development may be permitted on this property based on the interchange policies. As the proposed use is not a commercial or industrial use, site-specific Official Plan Amendments are required to permit the severance of a 0.8 hectare lot and development of an institutional use at this interchange.

The property clearly borders an interchange to Highway 416. Adjacent properties surrounding the site consist of vacant, undeveloped lands to the immediate east, beyond which is Highway 416, vacant, undeveloped lands to the south, a Jehovah’s Witness church to the west, beyond which is MacEwen’s gas station, and a City of Ottawa storage yard and an abandoned quarry across Fallowfield Road to the north. The proposed development, including severances, will need to comply with the Minimum Distance Separation (MDS) formulae.

The Pastor of the Living Word Believers has indicated that due to an ever increasing number of members, their current meeting place in the Tanglewood Community Center on Woodfield Drive can no longer meet their needs. The Pastor has indicated that for the last two years they have done an intensive and sustained search and have not been able to find an alternate location outside of an Agricultural Resource Area.

Agriculture Viability

Both the City Council Approved Official Plan and the former Regional Official Plan have determined their prime agricultural areas based on the LEAR evaluation system.

Soil Capability

One of the components of the LEAR system is the soil capability. The soil capability for agriculture is evaluated according to the most recent Canada Land Inventory soil capability information. The soil capability rating for the subject site is identified as having Class 3 soils. The applicant has submitted a "Soil Capability Report". Based on analysis and field investigation, the report concludes that the land classification values be amended to that of Class 6 or 7 for the easterly section, Class 6 for the central portion and Class 4 for the westerly section of the proposed lot.

Land use

The proposed lot is presently vacant. According to the applicant's "Soil Capability Report", the easterly portion of the property has an elevated topography, is generally well drained, with exception of a cattail area to the south-west. The soils are shallow within, and are of a light sandy nature with a gravel composition at all depths. The central portion of the property has an abundance of stones and boulders. There is a lack of moisture as evidenced by the types of shrubs located in this area. By contrast, the southerly portion contains a perennial swamp. The final portion of the property, the westerly portion, has similar characteristics to that of the center. The "bowl shaped" terrain is a collection point for surface water from adjacent properties. These characteristics limit the ability of the parcel to be farmed.

Parcel size

The application would sever a 0.8 hectare parcel of land. The retained lands would be approximately 4.7 hectares. Both the Jehovah’s Witness church and MacEwen's gas station are approximately 1 hectare in size. The parcel to the south is approximately 22.3 hectares. The lands in the vicinity of the proposed site are severely fragmented. The parcel has limited agricultural value, particularly in the context of this location.

Presence of conflicting land uses in the area

Conflicting land uses such as the existing Jehovah’s Witness church and MacEwen's gas station may already have a negative impact on farm operations. This 0.8 hectare parcel will be between a church and an interchange with agricultural land remaining to the south.

The City Council Approved Official Plan and the former Regional Official Plan recognise that areas of poor land not in agricultural use exist within Agricultural Resource Area designation in these Plans and certain alternatiave uses could be permitted.

Based on factors such as the land evaluation which measures the importance of the property's soil resources in terms of their use for agriculture, and the area review, which identifies other important factors such as land use, parcel size and adjacent land uses, the subject property's LEAR score is between 120 and 130 indicating a poor potential for agriculture. The proposed lot could be said to be within an area of poor soils.

Partial Servicing

The applicant has requested that the subject land be serviced by municipal water and have an on-site private septic system. Notwithstanding, the proposed lot area should be of sufficient size to be privately serviced. The applicant’s rationale for their request for partial services (water) is that there’s a known well-water quality problem in the area. A City initiated study had found that road salting activities had influenced salt concentrations in the shadow wells located up to 30 meters south of the (Fallowfield) road centreline. As a result, the City proceeded with a Regional Official Plan amendment to permit the construction/extension of this 6 inch watermain from the Barrhaven Elevated Tank (BET) to supply domestic piped water to the existing 12 lots of record (adjacent to the proposed lot). At this time, it is unknown whether the applicant could obtain permission for a connection to the water services on Fallowfield Road. The applicant's lands do not front on Fallowfield Road and they would have to obtain permission to cross lands owned by the Ministry of Transportation of Ontario. If it is determined that this connection is possible and appropriate, the approval of this Official Plan Amendment would allow it.

Conclusion

Although not a commercial or industrial type use, the proposed Living Word Believers church, which is being proposed adjacent to the Jehovah's Witness church, can be considered appropriate at this Highway 416 interchange. Although the area is designated Agricultural Resource Area in both Plans, the LEAR for agriculture identifies the proposed lot and adjacent parcel as having a poor agriculture potential. As well, the proposed location is between an existing church and an interchange to Highway 416, and is fragmented from the overall agricultural area. This parcel is not currently farmed and given its soil quality, size and configuration, it does not form a logical farm parcel. In regards to partial services, the City had extended a watermain to remedy a health problem in the area. If a service connection is to be granted, the terms under which the service is to be provided will need to be established through agreement or by-law. The Department supports this request for an Official Plan Amendment. A rezoning will also be required as a condition of severance. Development will be subject to Site Plan Control.

CONSULTATION

Notice of the applications was carried out in accordance with the City’s Public Notification and Consultation Policy.

The Ward Councillor is aware of the application and has indicated that she fully supports the application.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was processed by the "On Time Decision Date" established for the processing of Official Plan Amendment applications.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Proposed Official Plan Amendment to the Region of Ottawa-Carleton Official Plan and the City Council Approved Official Plan

Document 3 Proposed Schedule “A” to Region of Ottawa-Carleton Plan

DISPOSITION

Department of Corporate Services, Secretariat Services to notify owner/applicant (Living Word Believers, P.O. Box 23135, Ottawa, ON, K2A 4E2), agent (Joanne Haley, Trow Associates, 154 Colonnade Road South, Ottawa, ON, K2E 7J5), Signs.ca (Roger Charette, Signs, 866 Campbell Avenue, Ottawa, ON, K2A 2C5).

Department of Planning and Growth Management to prepare the implementing by-law and forward to Legal Services and undertake the statutory notification.

Department of Corporate Services, Legal Services Branch to forward the implementing by-law to City Council.

LOCATION MAP Document 1

PROPOSED OFFICIAL PLAN AMENDMENT Document 2

The Statement of Components

PART A – THE PREAMBLE

Purpose

Location Basis

PART B - THE AMENDMENT

Introductory Statement

Details of the Amendment

Implementation and Interpretation

Schedule “A” Rural Servicing, Site-specific Policy

The Statement of Components

PART A – THE PREAMBLE, introduces the actual amendment but does not constitute part of the Amendment to the former Region of Ottawa-Carleton Official Plan and (City Council Approved) Official Plan.

PART B – THE AMENDMENT – the Text contained in this part constitutes the Amendment to the former Region of Ottawa-Carleton Official Plan and (City Council Approved) Official Plan.

PART A – THE PREAMBLE

Purpose

The purpose of Amendment No. ____ to the Region of Ottawa-Carleton Official Plan is to obtain the appropriate municipal planning approvals to permit the severance of a lot, development of an institutional use within an Agricultural Resource Area, and to permit the extension of a watermain a short distance into the rural area. Therefore, to create a Site Specific Policy to permit the severance of a 0.8 hectare lot and to permit an institutional use within an Agricultural Resource Area for a property located at 2761 Moodie Drive. Furthermore, to amend “Schedule H” (Rural Servicing) to permit the extension of the watermain as shown on Schedule “A” and an amendment to Table 14 Servicing Capacity – Other Areas, to change the number to permitted connections to the Fallowfield/Moodie Extension to 13.

The purpose of Amendment No. ____ to the City Council Approved Official Plan is to obtain the appropriate municipal planning approvals to permit the severance of a lot, development of an institutional use within an Agricultural Resource Area. Therefore, to create a Site Specific Policy to permit the severance of a 0.8 hectare lot and to permit an institutional use within an Agricultural Resource Area for a property located at 2761 Moodie Drive.

Location

The lands affected by these Amendments are located between Moodie Drive and Highway 416 at 2761 Moodie Drive.

Basis

The basis of the amendment to the former Region of Ottawa-Carleton Official Plan is to permit the severance of a lot and development of an institutional use within an Agricultural Resource Area. Notwithstanding the primacy of farming as a use for lands designated Agricultural Resource Area, a select range of commercial and industrial development may be permitted. Considering the proposed lot and adjacent parcel has a poor agriculture potential, is located between an existing church and an interchange to Highway 416, and is fragmented from the overall agricultural area, the Planning and Growth Management support this request for an Official Plan Amendment. This amendment would thus introduce a Site-Specific Policy to permit the severance of a 0.8 hectare lot and to permit an institutional use within an Agricultural Resource Area for a property located at 2761 Moodie Drive.

The proposed lot will be known municipally as 2761 Moodie Drive. The area around this proposed lot has experienced a history of well-water quality problems related to salt contamination.

The Regional Official Plan, Section 10.3.7 Public Communal or Central Services to Remedy a Health Problem in subsection 1 states:

“Consider an amendment to Schedule H and Table 13 or Table 14 below, where a public health problem arises and Council determines that the installation of Regional water and/or wastewater services (rather than any private services correction program) is the best solution. When providing Regional services, Council shall determine the capacity required to remedy the existing problem and how much capacity, if any, will be provided for additional development.”

Further Section 5 states:

“Council shall not extend or assume any water services beyond that shown on Schedule H without amendment to the Plan.”

Considering the health concern, Planning and Growth Management support this request for an Official Plan Amendment.

The basis of the amendment to the City Council Approved Official Plan are similar to those of the ROC Plan with the exception that no Amendment is required to extend the watermain.

PART B – THE AMENDMENT

The Introductory Statement

All of this part of the document entitled Part B – The Amendment, consisting of the following text and map designated Schedule “A”, constitutes Amendment No. ___ and Amendment No. ___ to the former Region of Ottawa-Carleton (ROC) Official Plan and the City Council Approved Official Plan.

Details of Amendment

The Official Plan for the Region of Ottawa-Carleton is hereby amended as follows:

i) In Section 7.2 Permitted Uses, the following text is to be inserted:

7.2.4 Notwithstanding policy 1 above regarding permitted uses in Agricultural Resource Areas and policies in this section regarding new lot creation, permit the severance of a 0.8 hectare lot and development of an institutional use at 2761 Moodie Drive.

ii) “Schedule H” (Rural Servicing) to the Official Plan is hereby amended by extending the Regional watermain as shown on Schedule “A” to this Amendment.

iii) That notwithstanding Subsection 10.3.7.5 of the Official Plan, the plan is hereby amended by adding a line to the bottom of Table 14 Servicing Capacity – Other Areas in Subsection 10.3.7.2 by amending the following text “Fallowfield/Moodie Water Extension 12” to “Fallowfield/Moodie Water Extension 13”.

The City Council Approved Official Plan, is hereby amended as follows:

i) In Section 3.7.3 Agricultural Resources, the following text be inserted:

Exceptions

3.7.3.20 Notwithstanding policies above regarding permitted uses in Agricultural Resource Areas and policies in this section regarding new lot creation, permit the severance of a 0.8 hectare lot and development of an institutional use at 2761 Moodie Drive.