3. AIRCRAFT NOISE CONSTRAINTS |
Committee recommendation
That Council approve an amendment to the
2003 Official Plan to revise the areas affected by aircraft noise constraints
on Schedule K, as detailed in Document 1 and replace Annex 10 with an updated
Annex 10 as shown in Document 2.
Recommandation du Comité
Que le Conseil approuve une modification au Plan officiel de 2003 afin de
réviser les secteurs touchés par les contraintes liées au bruit des aéronefs de
l’Annexe K, comme il est détaillé dans le document 1, et de remplacer l’Annexe
10 par une Annexe 10 mise à jour, comme il est montré dans le document 2.
1.
Deputy
City Manager's report (Planning and Growth Management) dated
9 November 2005 (ACS2005-PGM-POL-0066).
(See Minute Extract at Item 1 for
a discussion of this item.)
Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
9 November 2005 / le 9 novembre 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 : Judy Flavin, Program Manager, Planning, Environment and Infrastructure
Police, Politique d’urbanisme, d’environnement et d’infrastructure
(613) 580-2424 x27886, Judy.Flavin@ottawa.ca
SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That Planning and Environment Committee recommend that Council approve an amendment to the 2003 Official Plan to revise the areas affected by aircraft noise constraints on Schedule K, as detailed in Document 1 and replace Annex 10 with an updated Annex 10 as shown 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 de 2003
afin de réviser les secteurs touchés par les contraintes liées au bruit des
aéronefs de l’Annexe K, comme il est détaillé dans le document 1, et de
remplacer l’Annexe 10 par une Annexe 10 mise à jour, comme il est montré dans
le document 2.
BACKGROUND
The areas affected by aircraft noise constraints are shown on Schedule K of the Official Plan. The Airport Operating Influence Zone (AOIZ) and the Airport Development Vicinity Zone (ADVZ) on Schedule K are based on the Noise Exposure Forecast (NEF) and Noise Exposure Projection (NEP) prepared by the Ottawa International Airport Authority. The Airport Authority has revised the projections of aircraft noise around the airport. The purpose of the amendment is to amend Schedule K and update Annex 10, which is provided in the Official Plan for information purposes.
DISCUSSION
The Ottawa International Airport Authority has revised the projections of aircraft noise around the airport. The new projections warrant a change in the boundary of the AOIZ, where housing and other noise-sensitive uses are restricted, and a change in the 25 NEF/NEP line, where noise-sensitive uses are permitted provided measures are taken to mitigate the noise. The proposed boundaries of the policy areas in the Official Plan are based on the noise projections and were developed through consultation with the Airport Authority and the Ottawa-Carleton Homebuilder’s Association. The consultation was used to review the new contours and map them against physical features on the ground so that they can be easily interpreted and incorporated in the Official Plan.
The kinds of changes that could result from the amendment include:
- Where the AOIZ has been deleted - there is potential for larger-scale residential development and other noise-sensitive uses where only limited infill and redevelopment of noise-sensitive uses are permitted now.
- Where the AVDZ has been deleted or the development falls outside 25 NEF/NEP line - measures to mitigate noise will no longer be required for noise sensitive developments.
The amendment addresses only the noise constraint on the affected properties. Any development applications will continue to be reviewed on their merits and subject to existing Official Plan policies, community design plans or secondary plans, current zoning, availability of municipal services and other relevant planning considerations.
CONSULTATION
Notice of the amendment was carried out in accordance with the City’s Public Notification and Consultation Policy. The Ward Councillors are aware of the proposed amendment.
The boundaries of the AOIZ and the AVDZ were developed through consultation among the Airport Authority, the Ottawa-Carleton Homebuilder’s Association and the City.
The City received one letter requesting that the wording of the Official Plan be revised to allow the 35 contour to be interpreted to the natural feature or City road or property boundary closest to the airport. The staff response provided in Document 3 does not support this approach.
FINANCIAL IMPLICATIONS
SUPPORTING DOCUMENTATION
Document 1 Proposed Official Plan Amendment to the City Council Approved Official Plan
Document 2 New Annex 10
Document 3 Consultation Details.
DISPOSITION
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.
Department of Planning and Growth Management to delete Annex 10 in the Official Plan and replace it with a new Annex 10.
COMPONENTS
PART A – THE PREAMBLE
Purpose............................................................................................................................................. 1
Location............................................................................................................................................ 1
Basis................................................................................................................................................. 1
PART B – THE AMENDMENT
Introduction....................................................................................................................................... 2
Details............................................................................................................................................... 2
Implementation.................................................................................................................................. 4
COMPONENTS
PART A – THE PREAMBLE does not constitute part of this Amendment.
PART B – THE AMENDMENT, consisting of the following text and the attached maps designated as Schedule “1 to Amendment No. XX, constitutes Amendment No. XX to the Official Plan of the City of Ottawa.
1. Purpose
The purpose of the amendment is to change the boundary of the Airport Operating Influence Zone (AOIZ) and the Airport Vicinity Development Zone (AVDZ), shown on Schedule K to reflect the new noise contours that have been prepared by the Ottawa Airport Authority.
2. Location
The amendment applies to area affected by the Ottawa Airport Authority aircraft noise contours as shown on Schedule K of the Official Plan.
3. Basis
The Ottawa International Airport Authority has revised the aircraft noise contours around the airport. The new contours warrant a change in the boundary of the Airport Operating Influence Zone (AOIZ), where housing and other noise-sensitive uses are restricted, and a change in the Airport Vicinity Development Zone (AVDZ), where noise-sensitive uses are permitted provided measures are taken to mitigate the noise.
The boundaries of the areas affected by aircraft noise are shown on Schedule K of the 2003 Official Plan. These boundaries are based on the previous noise contours and need to be changed to reflect the revised noise contours. The boundaries proposed in this amendment were developed in consultation with the Ottawa International Airport Authority and the Ottawa-Carleton Homebuilder’s Association. The revised boundaries are based on the revised noise contours, but mapped against physical features on the ground so that they can be easily interpreted and incorporated in the Official Plan.
In general, the amendment reduces the area of land affected by noise constraints due to aircraft noise. The amendment does not place new constraints on land where no constraint is now applied, nor does it increase the level of constraint on land that is already constrained by aircraft noise.
The amendment will revise Schedule K to identify new boundaries for the areas subject to aircraft noise constraints. Annex 10 will also be revised to show the revised 25 line and 35 contour. The text of Section 4.8.7 Land-Use Constraints Due to Aircraft Noise is revised slightly to add clarification as to how the Noise Exposure Forecast (NEF) and Noise Exposure Projection (NEP) system works and how the policies for aircraft noise are being implemented in the Official Plan.
1. Introduction
All of this part of this document entitled Part B - The Amendment, consisting of the following text and the attached maps designated as Schedule “1”” to Amendment No. XX, constitutes Amendment No. XX to the Official Plan of the City of Ottawa.
2. Details
The following changes are hereby made to the Official Plan of the City of Ottawa:
1.
Schedule K –
Environmental Constraints – is hereby amended by changing the boundary of the
Airport Vicinity Development Zone (AVDZ) and the Airport Operating Influence
Zone (AOIZ), as shown in Schedule “1”.
2.
Section
4.8.7 Land Use Constraints Due to Aircraft Noise, the preamble is hereby
amended by
a)
deleting
the third sentence in the first paragraph and replacing it with the following:
“Noise sensitive land uses are housing, institutional and public facilities.”
b)
inserting
a new paragraph following the second paragraph to read:
“The NEF and NEP were revised in 2005 to reflect current airport operations and new projections of future airport activity and associated noise. The 25 NEF/NEP and the 30 NEF/NEP are used to define the boundaries of the areas subject to land use constraints due to aircraft noise. For each planning area, the more restrictive of either the NEF or the NEP is generally used as the basis for the area boundary.”
c) inserting the words “more restrictive of either the” between the phrase “The Ottawa Airport Operating Influence Zone is based on the” and “30 NEP and NEP contours.” in the first sentence of the fourth paragraph;
d)
deleting
the words “The composite of the 25 NEF and NEP contours has also” from
the second sentence of the fifth paragraph and replacing it with “The boundary
of the Airport Vicinity Development Zone has” so that the sentence reads “The
boundary of the Airport Vicinity Development Zone has been drawn to coincide
with physical features such as roads, creeks, rail lines, and lot lines where
possible.”
e)
Deleting
the word “generally” in the second sentence of the fourth paragraph;
f) deleting the first sentence
of the fifth paragraph that reads “The boundary of the Airport Vicinity
Development Zone is based on the boundary set for the Ottawa International
Airport Authority Zoning regulations and the composite of the 25 NEF and NEP
contours.” and replacing with the following sentence “The boundary of the
Airport Vicinity Development Zone is based on the more restrictive of either
the 25 NEF and NEP contours, as well as the boundary of the area subject to
Ottawa Airport Zoning Regulations”.
g) deleting the words, “Ottawa Macdonald-Cartier International Airport
Authority” from the first sentence of the fourth paragraph and inserting the
words, “Ottawa International Airport Authority”;
h) deleting the last paragraph and replacing it with the following:
“Annex 10 shows the
boundaries of the 25 line as mapped along physical features and the Ottawa
International Airport Zoning regulations, and illustrates how the two combine
to make up the boundary of the Airport Vicinity Development Zone. Noise-sensitive uses are permitted between
the 25 line and the boundary of the Ottawa Airport Operating Influence Zone,
provided the noise is attenuated.
Noise-sensitive uses are permitted outside the 25 line without attenuation,
although the Ottawa Airport Zoning Regulations may apply”
i) inserting a new paragraph following the last paragraph to read
“Annex 10 also shows the Ottawa Airport Operating
Influence Zone and the 35 NEP contour.
Residential and other noise sensitive land uses are not permitted above
the 35 NEP contour, which is more restrictive than the 35 NEF contour and is
used as the basis for land use policies in this section of the Plan.”
3. Section 4.8.7 Land Use Constraints Due to Aircraft Noise, the policies
are hereby amended by:
a) deleting the words “25 NEF/NEP contour” from the first sentence in
policy 2 and replacing it with “the 25 line as mapped along physical features”;
b) deleting the words “35 NEF and 35 NEP contour, whichever is more
restrictive” from the first sentence in policy 3 and replacing it with “35 NEP
contour”
c) deleting the words “35 NEF and 35 NEP lines (whichever is more
restrictive)” from the first sentence in policy 4 and replacing it with “35 NEP
contour”
d) deleting the words “25 NEF/NEP composite” from the first sentence in
policy 7 and replacing it with “the 25 line as mapped along physical features”;
e) deleting the words, “Ottawa Macdonald-Cartier International Airport
Authority” from policy 7 b) and inserting the words, “Ottawa International Airport
Authority”;
f)
deleting
the words, “Ottawa International Airport Zoning regulations” from the first
sentence of the policy 8 and inserting the words, “Ottawa Airport Zoning
Regulations”.
4. Implementation
The implementation of this Amendment to the Official
Plan shall be in accordance with the policies of the 2003 Official Plan of the
City of Ottawa.
NOTIFICATION
AND CONSULTATION PROCESS
The boundaries of the AOIZ and the AVDZ were
developed through consultation among the Airport Authority, the Ottawa-Carleton
Homebuilder’s Association and the City.
Notification and public consultation was undertaken in accordance with
the Public Notification and Public Consultation Policy approved by City Council
for Official Plan Amendments.
PUBLIC COMMENTS
The
City received a letter from Urban Aerodynamics Ltd. (UAL) suggesting that the
wording of the Official Plan be revised to allow the 35 contour to be
interpreted to the natural feature or City road or property boundary closest to
the airport. The definition of the 25
line for the AVDZ and the 30 line for the AOIZ are interpeted to the nearest
natural feature or property boundary.
UAL wants the flexibility to allow the 35 contour to be interpreted in a
similar manner.
The
Provincial Policy Statement states that residential development above the 30
contour should only be considered if the proponent can demonstrate that there
will be no negative impact on the long-term function of the airport.
The
Airport Authority is interested in restricting, in accordance with Transport
Canada policy documents, residential development above the 30 NEF/NEP
contour. Given the volume of aircraft
noise related complaints associated with residential development above the 30
NEF/ NEP and the potential negative impact organized complaints can have on
Airport operations, the Airport
Authority is generally opposed to residential development within the AOIZ save
and except for minor infill where appropriate.
It should be noted that according to Transport Canada Community Response
Predictions, “Individual complaints may be vigorous and group action and
appeals to authorities possible” where new residential development is permitted
above the 35NEF/ NEP.
The
policies in the Official Plan generally do not permit new residential
development within the AOIZ.
Notwithstanding, a policy exists within the Plan that allows the
redevelopment of residential properties and residential infill through the severance process between the 30
and 35 contour.
Staff
have met with UAL regarding the impact of the 35 contour on a property at 2911
Prince of Wales Drive. While there is
small portion of the property within the 35 contour, the constraint does not seem
to affect the opportunity to permit infill development on the site. There is sufficient space to create new lots
where the dwelling could be located outside of the 35 line. Through the consent process, conditions of
development may be imposed to direct development to a location on site that is
outside of the 35 contour. While UAL
has requested that an ‘inner’ AOIZ line be drawn to delineate the 35
contour, no development proposal or
rationale was submitted by UAL to justify revising the policy as earlier agreed
upon by the City, the Airport Authority and the development community. Moreover, UAL has not demonstrated how the
potential for infill development on the site is adversely affected by the 35
contour.