2. zoNING - 5599
First Line Road zonage - 5599, chemin first line |
Committee
Recommendations
(This application is not subject to Bill 51)
That Council:
1. Approve an amendment to the former Township of Rideau Zoning
By-law to change the zoning of 5599 First Line Road from "A1"
(Restricted Rural), "EP" (Environmental Protection) and "D"
(Development) to "RV-32 " (Village Residential Exception 32),
"RV" (Village Residential), "EP" (Environmetal Protection)
and "OS" (Open Space) as shown in Document 1 and detailed in Document
2.
2. Approve an amendment
to the new Comprehensive Zoning By-law to change the zoning of 5599 First Line
Road from (DR1) - (Development Reserve Zone) to (VIP [---r] - (Village
Residential First Density, Subzone P), (VIP) - Village Residential First
Density, Subzone P and (O1) - (Parks and Open Space), as shown in Document 1
and detailed in Document 2.
Recommandations
du comité
(Cette demande n’est pas
assujettie au projet de loi 51)
Que le Conseil :
1. Approuve
une modification au Règlement de zonage de l'ancien Canton de Rideau visant à
faire passer le zonage de la propriété située au 5599, chemin First Line de A1
(zone rurale d'aménagement restreint), EP (zone de protection de
l'environnement) et D (zone d'aménagement) à RV-32 (zone résidentielle de
village, exception 32), RV (zone résidentielle de village), EP (zone de
protection de l'environnement) et OS (zone d'espaces libres), comme l'illustre
le document 1 et le précise le document 2.
2. Approuve une modification au nouveau
Règlement de zonage général visant à faire passer le zonage de la propriété
située au 5599, chemin First Line de DR1 (zone d’aménagement différé) à VIP
[---r] (zone résidentielle de village de densité un, sous-zone P), V1P (zone
résidentielle de village de densité un, sous-zone P) et O1 (zone d'espaces
verts et de parcs), comme l’illustre le document 1 et le précise le document 2.
Documentation
1.
Deputy
City Manager's report (Planning, Transit and the Environment) dated
27 May 2008 (ACS2008-PTE-PLA-0125).
2. Extract of Draft Minute, 12 June 2008.
Report to/Rapport au :
Agriculture and Rural Affairs Committee
Comité d'agriculture et des questions rurales
and Council / et au Conseil
Submitted by/Soumis par : Nancy Schepers, Deputy City Manager
Directrice municipale adjointe
Planning, Transit and the Environment/
Urbanisme, Transport en commun et Environnement
Contact
Person/Personne Ressource : Grant Lindsay, Manager/Gestionnaire,
Development Approvals/Approbation des demandes d'aménagement,
Planning
Branch/Direction de l'urbanisme
(613)
580-2424, 13242 Grant.Lindsay@ottawa.ca
SUBJECT: |
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OBJET : |
That the Agriculture and Rural
Affairs Committee recommend Council:
1. Approve
an amendment to the former Township of Rideau Zoning By-law to change the
zoning of 5599 First Line Road from "A1" (Restricted Rural),
"EP" (Environmental Protection) and "D" (Development) to
"RV-32 " (Village Residential Exception 32), "RV" (Village
Residential), "EP" (Environmetal Protection) and "OS" (Open
Space) as shown in Document 1 and detailed in Document 2.
2. Approve an amendment to the new
Comprehensive Zoning By-law to change the zoning of 5599 First Line Road from
(DR1) - (Development Reserve Zone) to (VIP [---r] - (Village Residential First
Density, Subzone P), (VIP) - Village Residential First Density, Subzone P and
(O1) - (Parks and Open Space), as shown in Document 1 and detailed in Document
2.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’agriculture et des
questions rurales recommande au Conseil :
1. D'approuver une
modification au Règlement de zonage de l'ancien Canton de Rideau visant à faire
passer le zonage de la propriété située au 5599, chemin First Line de A1 (zone
rurale d'aménagement restreint), EP (zone de protection de l'environnement) et
D (zone d'aménagement) à RV-32 (zone résidentielle de village, exception 32),
RV (zone résidentielle de village), EP (zone de protection de l'environnement)
et OS (zone d'espaces libres), comme l'illustre le document 1 et le précise le
document 2.
2. D’approuver
une modification au nouveau Règlement de zonage général visant à faire passer
le zonage de la propriété située au 5599, chemin First Line de DR1 (zone
d’aménagement différé) à VIP [---r] (zone résidentielle de village de densité
un, sous-zone P), V1P (zone résidentielle de village de densité un, sous-zone
P) et O1 (zone d'espaces verts et de parcs), comme l’illustre le document 1 et
le précise le document 2.
BACKGROUND
The subject site located at 5599 First Line Road within the Village of Manotick on the east side of First Line Road, south of Bankfield Road. A Zoning By-law amendment application has been submitted to facilitate the development of a proposed plan of subdivision. The draft plan of subdivision forms a portion of the overall Council approved Manotick Special Design Area (SDA) Concept Development Plan (CDP) and Environmental Management Plan (EMP).
The site has an area of approximately 12.4 hectares and 203 metres of frontage on First Line Road. The property has been vacant for a number of years with an abandoned brick structure still standing adjacent to First Line Road. Lands to the north and south of the site are currently vacant. Draft Plan of Subdivision applications have also been filed on these properties.
Proposed Development
The subdivision plan proposes 30 single detached residential lots. The road pattern features linkages to the adjacent lands to the north and south with an internal road terminating in a cul-de-sac. Access to this property is proposed via First Line Road from abutting development lands. The subdivision will be serviced by private wells and sewage systems.
Included in the draft plan of subdivision is a parkland block and a walkway block which is to provide access to a linear pathway corridor and pedestrian bridge crossing of Mud Creek. Also identified on the draft plan is the Mud Creek lands and the Kars Esker. The above lands will be protected through appropriate zoning.
This is an application to rezone the property from "A1" (Restricted Rural), "EP" (Environmental Protection) and "D" (Development) in order to facilitate development of the proposed plan of subdivision.
The property is currently zoned "A1" (Restricted Rural), "EP" (Environmental Protection) and "D" (Development) Zone pursuant to By-law 2004-428. Only a single detached dwelling and restricted farm uses on lots having a minimum area of 10 hectares, are permitted within this zone.
Ontario Municipal Board Appeals
In May 2008, the owner appealed his plan of subdivision and Zoning By-law amendment applications to the Ontario Municipal Board because the City did not make a decision on the application within the prescribed timeframe under the Planning Act. Currently before the Ontario Municipal Board and consolidated with the above noted are other landowner appeals; two draft plan subdivision applications and one application for a Zoning By-law amendment. These developments are located adjacent to the north and southern boundaries of the subject site. The owners are currently negotiating an agreement to share costs associated with the development of the Manotick Special Design Area. The owners are hopeful that a settlement will be reached prior to the Ontario Municipal Board setting a Hearing date. As a result of the progress made to date the owner of 5599 First Line Road (Leimerk Developments Ltd.) has agreed to move forward with the Zoning By-law amendment outside the Ontario Municipal Board appeal process currently underway.
Proposed Zoning
It is proposed to rezone a portion of the property to Village Residential (RV) and Village Residential Exception 32 (RV-32). The RV zone will permit single detached homes on lots having a minimum frontage of 30 metres, and a minimum area of 1950 square metres. The RV exception zone provisions will recognize those lots that are deficient in lot frontage. Further, the exception provision is intended to protect the Kars Esker (groundwater recharge area). Septic Systems and oil storage will be prohibited within 30 metres of the Environmental Protection (EP) zone proposed for lands abutting First Line Road. A park block as conditioned by the plan of subdivision will be zoned as Open Space.
The EP-Environmental Protection Zone is proposed for the Mud Creek Corridor and for the esker lands abutting First Line Road. The lands were identified for protection in the Council approved Manotick Special Design Area Concept Plan and Environmental Management Plan.
DISCUSSION
The lands that are subject to this application are designated Village in the Official Plan.
The Secondary Plan for the Village of Manotick, being part of the Official Plan, provides that the Special Design Area is to be developed on private services.
Development within the Special Design Area required approval of a concept plan for development. This concept plan was approved by City Council on 11 July 2006.
The Concept Plan established the following principles to guide development in the Special Design Area:
The proposed zoning that includes RV Village Residential, RV-X Village Residential Exception EP-Environmental Protection and OS-Open Space zones is appropriate for the subject lands. It conforms to the Village policies within the Official Plan and the Village of Manotick Plan and adheres to the requirements set out in the City Council Approved Special Design Area Concept Plan and Environmental Management Plan. The change in use will allow for the development of the lands in a way that is sensitive to the existing natural features on-site including the esker and Mud Creek. The proposed zone change is compatible with surrounding land uses, which include low-density residential and rural land uses.
New Comprehensive Zoning By-law
It is intended that the draft new Comprehensive Zoning By-law will be passed by City Council on June 25, 2008.
The subject site is currently
zoned DR1 Development Reserve Zone. The purpose of the DR - Development Reserve
Zone is to:
·
recognize
lands intended for future urban development in areas designated as General Urban Area and Developing Communities in the Official
Plan, and future village development in areas designated as Village in the Official Plan;
·
limit the
range of permitted uses to those which will not preclude future development
options; and
·
impose
regulations which ensure a low scale and intensity of development to reflect
the characteristics of existing land uses.
A Concept Development Plan and Environmental Management Plan for this site have been approved by City Council. The proposed zoning of V1P Village Residential First Density, V1P [---] r Village Residential First Density Exception and O1 Parks and Open Space is appropriate for the subject lands.
Plan of Subdivision File # D07-16-05-0032
On 11 July 2006 City Council approved an Environmental Management Plan for the Manotick SDA. Recommendations of the Environmental Management Plan were incorporated into the City Council Approved Special Design Area Concept Plan. The approved Concept Plan provides the environmental parameters for development located in the Special Design Area. The parameters have been met in the proposed Zoning By-law amendment for the subject lands as follows:
The proposed Zoning By-law amendment will have no adverse effects on the rural community. The subject lands are already designated for development and do not contain agricultural resource lands. The impact will be minimal on surrounding rural land uses.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. The City did not receive any negative comments or opposition to this application. Comments were received from community members regarding the proposed zone change. The issues have been noted and addressed in supporting Document 3.
FINANCIAL IMPLICATIONS
The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment due the timing of the apporval of the Concept Development and Environmental Management Plans and the need to revise the original submission of the plan of subdivision.
SUPPORTING DOCUMENTATION
Document 1 Location Map/Zoning Key Plan
Document 2 Details of Recommended Zoning
Document 3 Consultation Details
City Clerk’s Branch, Council and Committee Services to notify the owner, Leimerk Developments Ltd. c/o Peter Mirsky, 202–39 Robertson Road, Ottawa, ON K2H 8R2, applicant, Trow Associates Inc. c/o Shelia Clark, 154 Colonnade Road South, Ottawa, ON K2E 7J5, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.
Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.
Legal Services Branch to forward the implementing by-law to City Council.
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
Proposed
Changes to By-law 2004-428
1. Schedule A, Map 3A of
By-law 2004-428 be amended to reflect the change in zoning as shown on Document
1
2. A new special RV zone
will be added to subsection 6(3) including the following zone provisions:
a)
Lot Frontage
(minimum) 20 metres
b)
Notwithstanding
anything to the contrary in By-law 2004-428, no part of any septic system or
any storage of oil shall be permitted on or within 30 metres of lands zoned EP
abutting First Line Rd.
Proposed
Changes to new Comprehensive Zoning By-law
1. The Zoning Map will be
amended to reflect the change in zoning as shown on
Document 1
1. A new exception will be added to Part 15, Section 240 including the following provisions:
- minimum lot width 20 metres
- no part of any septic system or any storage of oil is permitted on or within 30 metres of lands zoned O1 abutting First Line Road.
DOCUMENT 3
CONSULTATION DETAILS
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.
PUBLIC COMMENTS
Part of
the area along Mud Creek seems, under the proposal, to be revised from EP to
Residential. If this is the case, we
cannot understand why, presuming the Creek will still require environmental
protection. In fact we believe the area along the Creek should be maintained as
a protected area, creating protected ways along all the major watercourses,
including connected pathways so these areas can be both enjoyed and protected
by all. We had thought this was the
general intent of the City, so wonder why these areas close to the watercourses
would be permitted to change? Could you advise if our interpretation is
correct?
STAFF
RESPONSE
On July 11, 2006 Council approved a Concept Development and Environmental Management Plan for the Manotick Special Design Area. Both plans identify the environmentally sensitive lands along the Mud Creek corridor. The Concept Plan requires that no development occur in these lands and that they rest in public ownership. These lands will be rezoned accordingly.
MANOTICK
COMMUNITY ORGANIZATION
Does
the proposed zoning conform to the City's approved Concept Development and
Environmental Management Plans for the Mud Creek Special Design Area? It is
difficult to ascertain this from the drawing. Does the Proposed Plan of
Subdivision leave a right-of-way for a path along the Mud Creek portion of the property?
Is the developer and/or the City planning to construct a path? Secondly, are there any path access points
planned along the Mud Creek portion to connect to Manotick Estates - for
example at the end of Revell and Carrison Drive? In your opinion, does it conform with the intent of the Rural
Pathways initiative as it relates to Mud Creek?
STAFF
RESPONSE
The
proposed Zoning By-law amendment conforms to the Concept Development and
Environmental Management Plans. A
pathway will be constructed within the Mud Creek corridor. A block of land has been set aside in the
plan of subdivision to provide for access to a pedestrian bridge crossing
across Mud Creek. Given the information
available for the Rural Pathway initiative, it appears that what is being proposed
conforms to this plan.
FIRST
LINE NEIGHBORHOOD ASSOCIATION
First Line Neighbourhood Association (FLNA) is not opposed to development of the Manotick Special Design Area (SDA). However, the FLNA continues to have serious concerns that development be done responsibly in order to prevent adverse conditions on the existing neighbourhood. The FLNA also desires to maintain the residential character of First Line Road according to the ideology outlined in the Manotick SDA Development Concept Plan. The FLNA has concerns with respect to lot sizes as it pertains to the hydrogeological and terrain investigation, access roads onto First Line Road, environmental and heritage impacts, and lot development on First Line Road.
STAFF RESPONSE
With respect to lots sizes, the Manotick
Secondary Plan states that all development plans must have a density of
development as prescribed by the SDA policies, the policy also permits more
current and detailed investigation to determine lot sizes.
The applicant has established the principle of
development on private services through the hydrogeological report and terrain
analysis (including supplementary information) which has been reviewed in
detail by the Conservation Authority (revised draft plan November 20, 2006, 30
residential lots). This information
demonstrates that groundwater quantity and quality is acceptable for domestic
use and that the low permeability soils isolate the shallow surface aquifer
from the deep (bedrock) water supply aquifer.
The consultant has concluded that overburden well users within the Kars
Esker on First Line Road and Bankfield Road will not be impacted by the
development due to the fact that the overburden groundwater flow is to the east
(i.e. away from the esker). The
consultant has also concluded that well interference and water quantity impacts
on existing wells within the area are not a significant concern for this
site. The Conservation Authority has
requested that a number of conditions be inserted into the draft plan of
subdivision approval to ensure the report recommendations are implemented.
With respect to the access points, the
associations concerns were initially based on the original Traffic Impact Study
prepared for the Development Concept Plan.
It is noted that the access points are located on lands adjacent to the
subject property and access to is provided via an internal road system. That
being said, the City has acknowledged that there were issues with sight-lines
and requested a more detailed review of the access. As a result of this review, access points have been relocated.
The details as to the acceptance and required road modifications of the access
points will be provided through the plan of subdivision process.
COUNCILLOR’S COMMENTS
The Councillor has no objections with the proposed subdivision and zoning provided the Community’s concerns can be addressed.
ADVISORY COMMITTEE COMMENTS
· The lands along Mud Creek should be protected from development by a 30-metre buffer zone from the watercourse or a 15-metre buffer from the top edge of the table land (whichever is greater).
· If the esker at the intersection of Bankfield and First Line Road is found to extend into this property, the extension should be excluded from any development and a suitable buffer zone created.
· The trees on site should be plotted and identified and they and the hedgerow should be incorporated into the subdivision design.
· Any additional protective measures described in the SDA report that would apply to this parcel of land should be added to the subdivision approval documents.
· The cumulative impact of development on the SDA lands and the Mud Creek sub-watershed should be considered.
· The potential impact of 33 wells and 33 septic systems on the groundwater recharge capability of the esker should be fully considered, as should the impact on Mud Creek.
STAFF RESPONSE
The Council approved Manotick Concept Development
(CDP) and Environmental Management Plans (EMP) examined Mud Creek in detail and
determined, flood plain, areas with slope stability issues, and a limit of
development. Policies contained within the same documents also guide
development with respect to stormwater management, hydrogeological constraints,
protection of tree cover and impacts on adjacent land uses. The proposed development is in conformity
with the CDP and EMP. Limits of
development (setbacks) will be protected through the appropriate zoning. All other issues have been addressed through
the proposed plan of subdivision.
ENVIRONMENTAL ADVISORY COMMITTEE
· That further studies be conducted on the impact on fish habitat in Mud Creek and lots adjacent to Mud Creek not be permitted to begin before this has been completed.
· That the development not be permitted until the hydrogeology report address the potable nature of the well water.
STAFF
RESPONSE
The Environmental Management Plan provides for setbacks from Mud Creek to protect aquatic habitat. The proposed plan of subdivision provides additional study through the Hydrogeological Assessment/Terrain Analysis and Conceptual Stormwater Management reports to address impacts on fish habitat. With respect to potable water, the hydrogeological assessment which takes into account water quality and quantity has been accepted by the City of Ottawa and Rideau Valley Conservation Authority.
zoNING - 5599 First Line Road
zonage - 5599,
chemin first line
acs2008-pte-pla-0125 Rideau-Goulbourn
(21)
(This application is
not subject to Bill 51)
Grant Lindsay, Manager of Development Approvals, referred to the PowerPoint presentation and briefly provided the Committee with an overview of the staff report. A copy of the presentation is held on file with the City Clerk.
Mr. Lindsay summarized that this application is to facilitate the development of a future plan of a sub-division, which is part of the Manotick Special Design Area. The main points of his presentation were as follows:
· The specific village residential zone (RV) has a minimum area lot 1950 square metres, which is standard and typical for the plans that have been provided in the special design area.
· The Village Residential Exception 32 zone (RV-32) has minimum lot widths of 20 metres with no septic systems or oil storage are permitted within 30 metres of the environmental protection lands along the First Line Road.
· The adjacent lands to the north and south will link into this sub-division and will develop over a number of years.
· All landowners are working together to deal with common development issues, such as stormwater management and traffic management.
· The approval of this zoning by-law will facilitate the implementation of the sub-division approval.
Noel Norenius, Manotick Community Association, asked the Committee to reaffirm that the environmentally sensitive lands and protected lands along Mud Creek will be reserved for a pathway. He had been assured that it was part of the original concept plan and wanted to confirm that it was still part of the plan.
Mr. Lindsay responded that the pathway was part of the discussion in dealing with the concept plan for the area and reported that it is the City’s intent that a pathway be constructed along Mud Creek, which will link into two proposed pedestrian crossings.
That the Agriculture
and Rural Affairs Committee recommend Council:
1. Approve
an amendment to the former Township of Rideau Zoning By-law to change the
zoning of 5599 First Line Road from "A1" (Restricted Rural),
"EP" (Environmental Protection) and "D" (Development) to
"RV-32 " (Village Residential Exception 32), "RV" (Village
Residential), "EP" (Environmetal Protection) and "OS" (Open
Space) as shown in Document 1 and detailed in Document 2.
2. Approve an amendment to the new Comprehensive
Zoning By-law to change the zoning of 5599 First Line Road from (DR1) -
(Development Reserve Zone) to (VIP [---r] - (Village Residential First Density,
Subzone P), (VIP) - Village Residential First Density, Subzone P and (O1) -
(Parks and Open Space), as shown in Document 1 and detailed in Document 2.
CARRIED