3. Zoning - 248 Spruce Ridge ROAd

ZONAGE - 248, CHEMIN SPRUCE RIDGE

Committee Recommendations as amended

(This application is subject to Bill 51)

That Council:

1. Approve an amendment to the former West Carleton Township Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to HL-1 and from RU and HL-1 to RU-XX as detailed in Document 1 and shown in revised Documents 2 and 3.

2. Approve an amendment to the new Comprehensive Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to RU[xxr] as detailed in Document 1 and shown in revised Document 3.

3. That no further notice be given pursuant to the Planning Act, Subsection 34 (17).

Recommandations modifiées du comité

(Cette demande est assujettie au projet de loi 51)

Que le Conseil :

1. approuve une modification au Règlement de zonage de l’ancien Canton de West Carleton afin de changer la désignation de zonage du 248, chemin Spruce Ridge de RU à HL-1 et de RU et HL-1 à RU-XX, tel qu’il est expliqué en détail dans le document 1 et indiqué dans les documents 2 et 3 révisés;

2. approuve une modification au nouveau Règlement de zonage général afin de changer la désignation de zonage du 248, chemin Spruce Ridge de RU à RU[xxr], tel qu’il est expliqué en détail dans le document 1 et indiqué dans le document 3 révisé.

3. Qu’aucun autre avis ne soit transmis, conformément au paragraphe 34 (17) de la Loi sur l’aménagement du territoire.

Documentation

1. Deputy City Manager's report (Planning, Transit and the Environment) dated
3 June 2008 (ACS2008-PTE-PLA-0134).

2. Extract of Draft Minute, 27 June 2008.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

03 June 2008 / le 03 juin 2008

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

(613) 580-2424, 13242 Grant.Lindsay@ottawa.ca

West Carleton-March (5)

Ref N°: ACS2008-PTE-PLA-0134

SUBJECT:	ZONING - 248 spruce ridge road (file no. D02-02-08-0050)
OBJET :	ZONAGE - 248, chemin Spruce Ridge

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend Council:

1. Approve an amendment to the former West Carleton Township Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to HL-1 and from RU and HL-1 to RU-XX as detailed in Document 1 and shown in Document 2.

2. Approve an amendment to the new Comprehensive Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to RU[xxr] as detailed in Document 1 and shown in Document 3.

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’agriculture et des affaires rurales recommande au Conseil :

1. d’approuver une modification au Règlement de zonage de l’ancien Canton de West Carleton afin de changer la désignation de zonage du 248, chemin Spruce Ridge de RU à HL-1 et de RU et HL-1 à RU-XX, tel qu’il est expliqué en détail dans le Document 1 et indiqué dans le Document 2;

2. d’approuver une modification au nouveau Règlement de zonage général afin de changer la désignation de zonage du 248, chemin Spruce Ridge de RU à RU[xxr], tel qu’il est expliqué en détail dans le Document 1 et indiqué dans le Document 3.

BACKGROUND

The subject parcel is on the east side of Spruce Ridge Road, north of Highway 7 and west of David Manchester Road. The parcel is approximately 28 hectares in area and is undeveloped. The site is treed and a large portion of the site is affected by Provincially Significant Wetlands.

Purpose of Zoning By-law Amendment

The applicant applied for and received conditional approval to sever the house known as 240 Spruce Ridge Road on a 0.8-hectare parcel, retaining a 28-hectare parcel known as 248 Spruce Ridge Road. In order to protect the wetland from future development, the Committee of Adjustment, at the request of the City and the Conservation Authority, applied a condition on the severance requiring a Zoning By-law amendment to establish a 120-metre "no development" zone from the boundaries of the Provincially Significant Wetlands.

Existing Zoning

The current zoning for the subject property is RU (Rural) and HL-1 (Hazard Land-exception 1) as identified in the former Township of West Carleton Zoning By-law.

Proposed Zoning

The proposed zoning will establish a 120-metre “no development” zone adjacent to the Provincially Significant Wetland as well as adjust the boundary of the HL-1 zone to match the boundaries of the wetland.

DISCUSSION

Provincial Policy Statement

The Provincial Policy Statement strives to protect natural features and their ecological functions for the long term. Site alteration or development within significant wetlands south and east of the Canadian Shield is not permitted. The proposed rezoning restricts development within and adjacent to the significant wetland, and thus is consistent with the Provincial Policy Statement.

Official Plan

The lands are designated Rural Natural Features and Significant Wetlands (South and East of the Canadian Shield) on Schedule A of the Official Plan.

Rural Natural Features are natural areas in the rural area that contain woodlands, wetlands, and wildlife habitat that were identified by the Natural Environmental Systems Strategy as significant in the context of the City. Any development within or adjacent to these lands must be assessed in terms of its impact on the area’s natural feature, particularly impacts arising from the extent of disturbance and location of buildings.

Significant Wetlands (South and East of the Canadian Shield) have been identified in order to protect these sensitive areas and support their natural functions. No development or site alteration is permitted within lands subject to this designation.

An Environmental Impact Statement is not required for development of one lot by consent within the Rural Natural Features designation or for any development further than 120 metres from the Significant Wetlands (South and East of the Canadian Shield) designation.

The proposed Zoning By-law amendment will continue to restrict development within the wetland, and will establish a 120-metre “no development” zone adjacent to the wetland. The proposed Zoning By-law amendment is therefore is in conformity with the relevant Official Plan policies.

Details of Proposed Zoning

Proposed Zoning

The subject lands are proposed to be rezoned as detailed in Document 1 and as shown in Document 2. A portion of the lands will be rezoned to RU—XX (Rural—exception) to establish a 120-metre “no development” zone from the boundary of the Provincially Significant Wetlands. For the purposes of the Zoning By-law, the “no development” zone will prohibit buildings, structures, or site grade alterations (excavation, placement of fill, etc.).

In addition, the extent of the current HL-1 zone will be amended to be consistent with the boundary of the Provincially Significant Wetlands. The current HL-1 zone boundary does not reflect the boundary of the Provincially Significant Wetlands.

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 new Comprehensive Zoning By-law identifies the subject lands as being within the RU (Rural Countryside) and EP3 (Environmental Protection Subzone 3) zones. The RU zone on the subject lands is proposed to be amended to create a new RU [xxr] (Rural Countryside—Exception) zone as detailed in Document 1 and shown in Document 3. The exception will establish the 120-metre “no development” zone.

Concurrent Application

Consent application D08-01-07/B-00428 was approved by the Committee of Adjustment, subject to approval of the proposed Zoning By-law.

Summary

The proposed Zoning By-law amendment will restrict development within and adjacent to the wetland, which is consistent with the relevant policies in the Provincial Policy Statement and the Official Plan. The Department therefore recommends approval of this Zoning By-law amendment.

ENVIRONMENTAL IMPLICATIONS

The proposed Zoning By-law amendment will establish appropriate setbacks for development for the protection of the Provincially Significant Wetlands existing on the property.

RURAL IMPLICATIONS

The severance permits rural development while preserving the rural natural features affecting the property.

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.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

SUPPORTING DOCUMENTATION

Document 1 Details of Recommended Zoning

Document 2 Changes to West Carleton Zoning By-law

Document 3 Changes to New Comprehensive Zoning By-law

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Matt Hyde, Hyde Park A living presence in Canada, 1 Neely Street, Dunrobin, Ontario. K0A 1T0, 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 1

DETAILS OF RECOMMENDED ZONING

Proposed Changes to By-law 266/81 – former West Carleton

The lands shown on Document 1 will be rezoned from RU to HL-1 and from RU to RU-XX on Schedule A – Map 3

The lands zoned RU-XX are subject to the following provisions:

Development on lands zoned RU-XX must respect a 120 metre no development setback from the boundary of the Provincially Significant Wetland as shown on Schedule A. For the purposes of this by-law the no development setback will prohibit buildings and structures and site grade alterations including, but not limited to excavation and placement of fill within 120 metres of the wetland boundary.

Proposed Changes to new Comprehensive Zoning By-law

The lands shown on Document 3 will be rezoned from RU to RU[xxr] on the zone maps.

The lands zoned RU[xxr] are subject to the following provisions:

Development on lands zoned RU[xxr] must respect a 120-metre no development setback from the boundary of the Provincially Significant Wetland as shown on the zone map. For the purposes of this by-law the no development setback will prohibit buildings and structures and site grade alterations including, but not limited to excavation and placement of fill within 120 metres of the wetland boundary.

CHANGES TO WEST CARLETON ZONING BY-LAW

REVISED DOCUMENT 2

CHANGES TO NEW COMPREHENSIVE ZONING BY-LAW

REVISED DOCUMENT 3

Zoning - 248 Spruce Ridge ROAd

ZONAGE - 248, CHEMIN SPRUCE RIDGE

ACS2008-PTE-PLA-0134 WEST CARLETON-MARCH (5)

(This application is subject to Bill 51)

Grant Lindsay, Manager of Development Approvals introduced Terry MacHardy, Planner, who briefly spoke to a PowerPoint slide presentation that provided an overview of the staff report. A copy of this presentation is held on file with the City Clerk.

In response to a question by Councillor Brooks, Ms. MacHardy acknowledged the wetland is based on the newest Ministry of Natural Resources study. She pointed out that as shown in the Official Plan, the wetlands would be identified on existing mapping and the zoning schedules date back to the Township of West Carleton. She did not know if the new zoning by-law was based on the new wetland mapping.

When asked if this would have an impact should the applicant defer this until adopted, Mr. Lindsay advised that staff is constantly dealing with wetlands mapping and trying to get information to assist the proponent. The applicant has gone through Committee of Adjustment and is in the process of fulfilling the condition. In doing so, staff are relying on the most recent information that is available, usually through the conservation authority. In this case, zoning schedules used the most recent information. From a general perspective, some lands were added into the category, while some were taken out because of more precise delineation.

In reply to Councillor El-Chantiry’s questions, Mr. Lindsay advised that no concerns have been raised to this point in relation to this application.

Linda McCormick posed two questions relating to an on-site inspection and why more precise geographic information was not offered given that this is a wetland. Generally, provincially significant wetlands are important and also have an impact and contribution to make to the protection of ground water. She declared there are some parcels of land that are on hold because of water quality issues and approving this can further jeopardize the adjoining properties. In light of this information, she suggested waiting until the information is available.

Mr. Lindsay explained that when designating wetland parcels on a broad document such as the Official Plan staff try to be more precise. Staff rely on technical agencies to provide detailed mapping and do a site inspection of every consent application, as was done in this case. They also look at the ability of proposed severed lots to have enough residual land to protect wetland area. In this case, there was a large parcel with a small piece removed; therefore, they need to ensure that no additional development has taken place in that location.

Mr. Hyde, the applicant explained that he is fulfilling the city’s requirements, as part of an earlier severance application. He added that he reduced the developed parcel and increased the protected part.

Councillor Hunter admitted that this is a long-standing issue of development by severance. When looking at the overall lot in question, it seemed that it was created by severance, while there is better control for the municipality and neighbours if the development happens by way of subdivision instead of severances.

Mr. Lindsay acknowledged that this has been an ongoing issue since the late 70’s. He remembered that a clause was added to the 1981 Township of West Carleton, Official Plan in 1981 that no lot be entitled to more than two severed and one retained lots. That policy is still in effect and it does essentially control the amount of severances in West Carleton. He advised that several municipalities in the province only have development through subdivision, as no lots are created by severance in the rural area. It was discussed during the last Official Plan Review.

He advised that the subdivision process can be expensive, due to the cost of required studies. More conditions are being applied to severances and consents with individuals bearing this responsibility.

In answering the last of Councillor Hunter’s questions, Mr. Lindsay advised that this particular application fits within the current Official Plan policies. He added that if there were to be a further application for severance on the larger parcel, it would require an Official Plan (OP) amendment because the OP only permits one severance off the larger parcel. Also, staff would not support the application as it would not conform with the OP.

Moved by Councillor El-Chantiry:

WHEREAS Documents 2 and Document 3 in the report recommendation of Planning and Environment Committee report ACS2008-PTE-PLA-0134 did not exclude the severed parcel;

AND WHEREAS revisions to the said Report Recommendation are necessary to accurately reflect the lands to be rezoned in both the West Carleton Zoning By-law and the new Comprehensive Zoning By-law;

THEREFORE BE IT RESOLVED THAT Committee amend the report by deleting the existing Documents 2 and 3 and inserting the revised Documents 2 and 3 appended hereto.

That pursuant to the Planning Act, subsection 34(17) no further notice be given.

carried

That the Agriculture and Rural Affairs Committee recommend Council:

1. Approve an amendment to the former West Carleton Township Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to HL-1 and from RU and HL-1 to RU-XX as detailed in revised Document 1 and shown in revised Document 2.

2. Approve an amendment to the new Comprehensive Zoning By-law to change the zoning of 248 Spruce Ridge Road from RU to RU[xxr] as detailed in revised Document 1 and shown in Document 3.

3. That no further notice be given pursuant to the Planning Act, Subsection 34 (17).

carried as amended