Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

13 January 2006 / 13 janvier 2006

 

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 : Grant Lindsay, Manager / Gestionnaire

Development Approvals / Approbation des demandes d'aménagement

(613) 580-2424 x13242, Grant.Lindsay@ottawa.ca

 

Goulbourn (6)

Ref N°: ACS2006-PGM-APR-0001

 

 

SUBJECT:

OFFICIAL PLAN and zoning 6350 FERNBANK ROAD (FILE NO. D01-01-04-0018 and D02-02-05-0048)

 

 

OBJET :

PLAN OFFICIEL et zonage - 6350, CHEMIN FERNBANK

 

 

REPORT RECOMMENDATIONS

 

That the Planning and Environment Committee recommend that Council:

 

1.   Approve and adopt an amendment to the City Council Approved Official Plan, the Official Plan of the former Township of Goulbourn and the Official Plan of the former Region of Ottawa Carleton to redesignate part of 6350 Fernbank Road from “Significant Wetlands” to “Urban Natural Feature” and “General Urban Area”, and from “General Urban Area” to “Urban Natural Feature”, as detailed in Documents 3, 4 and 5; and

 

2.   Approve amendments to the former Township of Goulbourn Zoning By-law to change the zoning on 6350 Fernbank Road from “W” (Wetland Zone), “RU” (Rural) and “D” (Future Development Zone) to “NEA-1” (Natural Environment Special Exception Zone), “NEA” (Natural Environment Zone), “PR” (Parks and Recreation Zone), “R1-XX” (Residential Type One Special Exception Zone), and “R4-XX” (Residential Type Four Special Exception Zone) as detailed in Document 7.

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme et de l’environnement recommande que le Conseil :

 

1.   approuve et adopte une modification au Plan officiel approuvé par le Conseil municipal, au Plan officiel de l’ancien Canton de Goulbourn et au Plan directeur de l’ancienne Municipalité régionale d’Ottawa-Carleton visant à changer la désignation d’une partie du 6350, chemin Fernbank, de « terres humides d’importance » à « aire à caractéristiques naturelles urbaines » et à « aire urbaine générale », et d’« aire urbaine générale » à « aire à caractéristiques naturelles urbaines », comme il est expliqué dans les documents 3, 4 et 5; et 

 

2.   approuve les modifications au Règlement de zonage de l’ancien Canton de Goulbourn afin que soit modifié le zonage du 6350, chemin Fernbank, de « W » (zone de terres humides), « RU » (zone rurale)  et « D » (zone à aménagement futur) à « NEA-1 » (zone à environnement naturel – exception spéciale), « NEA » (zone à environnement naturel), « PR » (zone de parcs et loisirs), « R1-XX »,  (zone résidentielle de type 1 – exception spéciale) et R4-XX (zone résidentielle de type 4 – exception spéciale), comme il est expliqué dans le document 7.

 

 

BACKGROUND

 

The subject property is located in the south end of the Village of Stittsville fronting on the south side of Fernbank Road west of Etta Street and Stittsville Main Street (see Document 1). The total size of the property is 28.28 hectares. Part of the Fernbank Wetland is located along the west and north property lines. The site is designated, in the respective Official Plans, and zoned as follows:

 

 

Council Approved

Region

Goulbourn

Zoning

Wetland Portion

Significant Wetlands

Significant Wetlands

Provincially Significant Wetlands

“W”- Wetland

Remainder of Site

General Urban

General Urban

Residential

“D”-Future Development

“RU”- Rural

 

The Fernbank Wetland

 

In 1999 the Ministry of Natural Resources (MNR) notified the former Township of Goulbourn and the former Region of Ottawa Carleton that the Fernbank Wetland had been re-evaluated and did not meet the criteria to be considered a Provincially Significant Wetland (PSW). The Region initiated an Official Plan Amendment (OPA) to amend the Regional Official Plan to remove the Significant Wetland designation from the entire Fernbank Wetland area. In response to a subdivision application on lands to the north of the subject lands, known as the Westwood Subdivision, (which contained a part of the Fernbank Wetland) a local environmental group (Goulbourn Wetlands Group) provided the MNR with new technical information and requested that the MNR reconsider the boundary. As a result of the review of this new information, MNR expanded the size of the wetland. This increase in size brought the wetland within 750 metres of the Upper Poole Creek Wetland. This proximity resulted in the MNR amending their opinion on the Fernbank Wetland and in 2000 indicated that the Fernbank Wetland should continue to be considered a PSW as it could now be “complexed” with the Upper Poole Creek Wetland. As a result of this change in MNR’s opinion, the Region ceased processing of the OPA and the wetland remained designated Significant Wetland.

 

In keeping with MNR’s findings, staff refused to proceed with the Westwood Subdivision application until it was revised to reflect the new MNR Fernbank Wetland boundary. The proponents for the Westwood Subdivision appealed the refusal to proceed with the subdivision and zoning applications to the Ontario Municipal Board (OMB). It was their position that the wetlands should not be “complexed”. The Fernbank Wetland should be considered to be locally significant and therefore at least a small part of it would be able to be developed. The OMB’s decision was that the subdivision should be approved. The consequent development of this subdivision has removed the wetland area within 750 metres of the Upper Poole Creek Wetland. As a result, the MNR are no longer of the opinion that the Fernbank Wetland is Provincially Significant as it cannot be “complexed” with the Upper Poole Creek Wetland.

 

The City Council Approved Official Plan carried forward the designations with respect to significant Wetlands shown in the Regional Official Plan and the Goulbourn Official Plan. Staff recognize that the designation is no longer appropriate for the Fernbank Wetland and have initiated an OPA to redesignate the entire wetland area. Staff were however postponing the OPA until the Reach 2 of the Jock River and Flowing Creek Subwatershed Study was complete such that additional information regarding the rural portion of the wetland was available. Staff indicated to the owners of the subject land, however, that if they wished to move their development forward, they could initiate an OPA themselves specific to their lands.

 

Consequently, an application was submitted requesting that the City Council Approved Official Plan, the Regional Official Plan and the Goulbourn Official Plan be amended to redesignate the wetland portion of the subject site from Significant Wetlands to a less restrictive environmental protection designation. It is necessary to amend both the former Region of Ottawa Carleton Official Plan and the former Township of Goulbourn Official Plan as all the Provincially Significant Wetland and Urban Natural Feature policies in the City Council Approved Official Plan are under appeal. 

 

 

DISCUSSION

 

At the request of City staff, an environmental study was submitted in support of the application. This report provides information with respect to the existing conditions of the wetland, a more detailed delineation of the wetland boundary and a professional opinion on the impacts of development on the wetland. The application and the environmental report were circulated to the Rideau Valley Conservation Authority (RVCA). Staff from RVCA and Ministry of Natural Resources (MNR) conducted a site visit to confirm the wetland boundary in the field. As a result of the site visit, the wetland boundary was confirmed and agreed to by the applicant.

 

A Zoning By-law amendment application has also been submitted to change the current “W” (Wetland), “RU” (Rural), and “D” (Future Development) zoning under the former Township of Goulbourn to a combination of the following zones:  “NEA-1” (Natural Environment Special Exception Zone), “NEA” (Natural Environment Zone), “PR” (Parks and Recreation Zone), “R1-XX” (Residential Type One Special Exception Zone), and “R4-XX” (Residential Type Four Special Exception Zone).  The purpose of the Zoning By-law amendment application is to implement the Official Plan amendments and permit the development of the lands as reflected in the companion Draft Plan of Subdivision application (see Document 2).

 

The draft plan includes the southern extension of West Ridge Drive from Fernbank Road through to Stittsville Main Street. The subdivision is largely made up of single detached lots with two townhouse blocks along the frontage of Stittsville Main Street. Two neighbourhood parks are being proposed, one central to the subdivision, and one along the southern edge of the site. The application also includes, in the north west corner of the property, an isolated pocket of single detached units, on a single loaded road, extending south from Fernbank Road, and a storm water management block fronting on Fernbank Road and the West Ridge Drive extension. The remainder of the property is to be conveyed to the City for protection as an environmental protection area.

 

Rationale

 

The Fernbank Wetland is no longer considered a Provincially Significant Wetland (PSW) and is, therefore, no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement. This natural feature does, however, have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting.

 

Staff recommend that the wetland should be recognized as an environmental feature in the respective Official Plans in order to ensure the significant features and functions of the wetland are protected.  

 

City Council Approved Official Plan

 

The Urban Natural Features designation of the City Council Approved Official Plan (Policies 3.2.3) were formulated to apply and protect natural features including wetlands which are important biologically and have social significance (value) but do not meet the criteria to be protected under the PSW policies. The policies state:

 

Urban Natural Features provide a valuable contribution to biodiversity and wildlife habitat in the urban area and are enjoyed by residents. Urban Natural Features are natural landscapes and may include woodlands, wetlands, watercourses and ravines.

 

Additional Urban Natural Features may be identified on Schedule B in the following circumstances:

 

Upon securing natural areas in the urban area for conservation purposes, through the development review process…..

 

The natural feature is protected by limiting the uses within the feature and requiring an Environmental Impact Study for any development within 30 metres of its boundary. Uses permitted in Urban Natural Features are limited to; Uses that do not adversely affect the natural characteristics of the area, such as open air recreation; scientific, educational, or conservation uses associated with the environmental features:…or forestry as defined by the Forestry Act....

 

The details of the amendment to the City Council Approved Official Plan are detailed in Document 3.

 

Regional Official Plan

 

Amending the Regional Official Plan to remove the Significant Wetlands designation yet provide for continued protection of the feature is more of a challenge as there is not a designation in the Official Plan which was formulated for the protection of urban area that allows for the protection of a locally significant feature. It does however, allow for it in the policy text.  Section 5, Natural Environment, of the Region’s Official Plan emphasizes “preserving, protecting, and enhancing a green, clean, and healthy natural environment.”   The Plan supports additional work at the local municipal level to recognize and protect local features, particularly in urban areas where smaller woodlands and natural landscapes may be important for both environmental and social values.  Section 5, Policies for Natural Environment Areas, allows for locally significant natural features to be recognized through amendments to the Regional Official Plan.

 

This amendment therefore proposes to redesignate the site entirely to General Urban Area and that a policy be added to Section 5.4.5 to identify this wetland as locally significant and require an Environmental Impact Statement to be prepared for any development proposal in the vicinity of the feature as detailed in Document 4. 

 

Goulbourn Official Plan

 

The amendment to the Goulbourn Offical Plan proposes to change the designation from Provincially Significant Wetland to Natural Environment Area and apply policies 10.4.1 and 10.4.2 to any development proposals in and adjacent to the wetland. Similar to the City Council Approved Official Plan policies for Urban Natural Features, these policies restrict development to “educational, recreational or scientfic uses which utilize but do not adversely affect, the natural characteristics of these areas”.

 

Although this wetland is no longer considered Provincially Significant, the Fernbank Wetland is a valued natural resource within the local environment of Stittsville. The Upper Poole Creek Subwatershed Study, approved by the former Township of Goulbourn and the former Region, recognizes this wetland as having locally significant values both environmentally and with the public. The details of the amendment to the former Township of Goulbourn are detailed in Document 5.

 

Urban Natural Feature Boundary Delineation

 

The applicant is requesting that the wetland generally be redesignated to Urban Natural Feature but that a development encroachment be permitted. The encroachment would be comprised of the southwesterly most loop road and associated lots (as shown in grey in Document 2). When the subdivision application was first submitted, the encroachment was more extensive than presently being proposed. Staff requested that the plan be revised to “tighten up” the development. Road right-of-way widths were reduced and lot depths were decreased. A second townhouse block was introduced along the Stittsville Main Street frontage. Encroachment into the wetland was considerably reduced without significantly affecting the proponent’s development goals. Despite the proponent’s best efforts to reduce the encroachment, development is still being proposed in the wetland.

 

This wetland has been assessed using the evaluation framework of the Urban Natural Areas Environmental Evaluation Study (UNAEES) and found to place among the urban natural areas considered to have a “High” overall significance. In the Greenspace Master Plan Public Consultations Details report to Planning and Environment Committee, staff presented a draft implementation strategy whereby all high and moderate rated urban natural features be protected, where feasible.   In keeping with the draft implementation strategy, staff is recommending that Council purchase that portion of the property which is being proposed for development within the wetland. Staff is also recommending that the small pocket of land being proposed for single detached development in the northwest corner be purchased by the City. This area is comprised of upland forest but is largely contained within the urban natural feature candidate area along with the wetland. This area is small, isolated, on a single-loaded road and cannot be connected to the developments to the north or east without further encroachment into the wetland.  These two areas being recommended for purchase are shown in grey (instead of black) in the proposed plan of subdivision in Document 2. 

 

The respective Official Plan amendment schedules have been prepared such that the encroachment area and the upland forest in the northwest corner have been included in the  Urban Natural Feature/Natural Environment Area designations in anticipation of the City purchase of these two areas.

 

Zoning Details

 

Residential Zones

 

The draft plan of subdivision, attached as Document 2, shows the majority of the developable area as single detached lots with two townhouse blocks adjacent to Stittsville Main Street. As a result of the circulation and review of the originally proposed subdivision layout, staff requested that the applicant tighten up the development thereby minimizing the encroachment into the wetland. This was achieved by reducing the right of way width of the internal streets and reducing the lot depths. It is necessary to create a special exception single detached zone to reduce the front yard and rear yard setbacks. Front yard setbacks are being proposed at 4 metres and 3 metres if the garage does not extend beyond the front face of the house and rear yards are being proposed at 6.5 metres as detailed in Document 7.

 

Townhouse blocks are shown along the Stittsville Main Street frontage. These blocks are being proposed to be developed with private internal streets. No direct access to the units from Stittsville Main Street is anticipated. Units would face or side onto Stittsville Main Street but be accessed at the rear of the unit via a private street internal to the townhouse block. By encouraging the units to face Stittsville Main Street the amount of noise barrier fencing can be minimized. Staff are proposing a special exception townhouse zoning to allow for development on a private street. The details of this zone are presented in Document 7.

 

Parks and Environmental Protection Zones

 

The draft plan of subdivision shows a park central to the development and a second park along the south edge of the subdivision. The southerly park is proposed to be zoned a PR Zone (Parks and Recreation), the zone which is generally applied to municipally-owned parks in the Goulbourn ward. The centrally located park is proposed to be zoned R1-XX similar to the adjacent proposed single-detached residential development. Public parks are permitted in residential zones in this by-law. By zoning this park residential, it will allow for the boundaries of the park to be adjusted slightly between draft approval and registration as the landowners finalize their lot layout. The Urban Natural Feature is generally proposed to be zoned Natural Environment Area Zone (NEA). A small area partially within the wetland and partially outside of the wetland boundary is proposed to be zoned NEA. The remainder of the Urban Natural Feature is proposed to be zoned NEA-1, a special exception zone which permits no uses other than “conservation and passive park”. The NEA Zone is less restrictive than the NEA-1 Zone and will permit the establishment of a stormwater management pond.

 

There remain other opportunities through the finalization of the subdivision application to ensure that the development is designed to maximize protection of the wetland. Measures can be taken within the subdivision to minimize impact through stormwater management, tree preservation, buffer planting and augmentation, wetland monitoring, public awareness handbook and signage etc. An integrated environmental review statement will also be required in support of the final subdivision design to ensure that significant findings from support studies are integrated and assessed as a complete package.

 

Conclusion

 

The Fernbank Wetland is no longer considered a Provincially Significant Wetland (PSW) and is, therefore, no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement.  However, this natural feature does have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting. The Official Plan amendments, as recommended, will recognize the wetland as an environmental feature in the respective Official Plans and provide a level of protection to the significant features and functions of the wetland. In keeping with the draft implementation strategy of the Greenspace Master Plan, staff is recommending that Council purchase that portion of the property which is being proposed for development within the wetland. Purchase of this land will ensure minimal encroachment into the wetland and provide a greater level of protection to this Urban Natural Feature. The Zoning By-law amendment will implement the OPA’s and the draft plan of subdivision.

 

 

ENVIRONMENTAL IMPLICATIONS

 

The Official Plan amendments, as recommended, will recognize the wetland and the adjacent upland forest as an urban natural feature in the respective Official Plans and provide a level of protection to the significant features and functions of the wetland. Additional protection measures will be explored through the subdivision proposal.

 

 

RURAL IMPLICATIONS

 

Over half of the Fernbank Wetland is located south of the Stittsville Village boundary within the rural area of the city. By protecting the portion of the wetland within the urban boundary the biological integrity of that portion contained in the rural area will not be impacted.

 

 


 

CONSULTATION

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy.  At the request of the Ward Councillor, a Public Information and Comment Session was held in the community on October 26, 2004 to present the proposed Official Plan Amendment. A Public Meeting under the Planning Act for the application for Draft Plan of Subdivision was also held in the community on June 29, 2005. The proposed Official Plan Amendments and the proposed Zoning By-law amendment application were also presented and discussed at this Public Meeting.

 At the public meeting and through written comments the public posed questions regarding the wetland and raised concerns about the impact of the development of these lands on the existing neighbourhoods. These comments are outlined and addressed in Document 8 of this report.

 

 

FINANCIAL IMPLICATIONS

 

Staff is recommending that Council purchase that portion of the property which is being proposed for development within the wetland, as well as, a small pocket of land being proposed for single detached development in the northwest corner. A report will be coming forward to Corporate Services Committee outlining the details of this purchase.

 

 

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the "On Time Decision Date" established for the processing of Official Plan Amendments. Due to the presence of the wetland, submission of additional environmental information and review of same by staff and RVCA was required.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      Proposed Draft Plan of Subdivision

Document 3      Proposed Official Plan Amendment (City Council Approved)

Document 4      Proposed Official Plan Amendment (Region of Ottawa-Carleton)

Document 5      Proposed Official Plan Amendment (Township of Goulbourn)

Document 6      Explanatory Note

Document 7      Details of Recommended Zoning including proposed zone map

Document 8      Consultation Details

 

 


DISPOSITION

 

Department of Corporate Services, Secretariat Services to notify the owner DCR Phoenix Ltd (18 Bentley Avenue, Ottawa, ON K2E 6T8), applicant William Buchanan, All Signs, 8692 Russell Road, Navan, ON  K4B 1J1, and the Program Manager, Assessment, Department of Corporate Services of City Council’s decision.

 

Department of Planning and Growth Management to prepare the implementing by-law and forward to Legal Services Branch, and undertake the statutory notification amendment to the Council Approved City Official Plan, the Goulbourn Official Plan and the Regional Official Plan.

 

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

 


Document 1

 

LOCATION MAP                                                                                                                           

 


Document 2

 

DRAFT PLAN OF SUBDIVISION


Document 3

 

PROPOSED OFFICIAL PLAN AMENDMENT (CITY)

 

 

 

 

 

 

Official Plan Amendment **

Modification du Plan directeur **

 

To the Official Plan of the City of Ottawa

 

 

 

 

 

Land use

Utilisation du sol



INDEX

 

THE STATEMENT OF COMPONENTS

 

PART A – THE PREAMBLE

 

Purpose

Location

Basis

 

PART B – THE AMENDMENT

 

Introduction

Details

Schedule A

 


AMENDMENT NO. **

OFFICIAL PLAN

OF THE CITY OF OTTAWA

 

 

THE STATEMENT OF COMPONENTS

 

Part A - The Preamble does not constitute part of this Amendment.

 

Part B - The Amendment, consisting of the following map (designated Schedule “A”), constitutes Amendment No. ** to the Official Plan of the City of Ottawa (Volume 1).

 

PART A - THE PREAMBLE

 

1.     Purpose

 

The purpose of this Amendment is to change the land use designation of a portion of 6350 Fernbank Road from “Significant Wetlands” to “Urban Natural Features”, a portion from “Significant Wetlands” to “General Urban Area” and a portion from “General Urban Area” to “Urban Natural Features”.  The lands affected by this Amendment are identified on Schedule “A” to this Amendment, being a part of Schedule “B”, Urban Policy Plan, to the Official Plan of the City of Ottawa. 

 

2.     Location

 

The lands affected by this Amendment are known municipally as 6350 Fernbank Road.  The subject property is generally located in the south end of the Village of Stittsville fronting on the south side of Fernbank Road west of Etta Street and on the west side of Stittsville Main Street. The total size of the property is 28.28 hectares.

 

The lands affected by the Amendment are highlighted on Schedule “A” to this Amendment, which is a portion of Schedule “B”, Urban Policy Plan, to the Official Plan of the former Region of Ottawa Carleton. 

 

3.     Basis

 

The Ministry of Natural Resources no longer considers the Fernbank Wetland a Provincially Significant Wetland (PSW) and therefore, it is no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement.  This natural feature does, however, have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting. It would be appropriate to recognize it as an environmental feature in the Official Plan in order to ensure the significant features and functions of the wetland are protected.

 

 

PART B - THE AMENDMENT

 

1.     Introduction

 

All of this part of this document entitled Part B - The Amendment, consisting of the following text and the attached map designated Schedule “A” to Amendment No. **, constitutes Amendment No. ** 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.       That Schedule “B”, Urban Policy Plan, is amended by changing the land use designation of a portion of 6350 Fernbank Road from “Significant Wetlands” to “Urban Natural Features”, a portion from “Significant Wetlands” to “General Urban Area” and a portion from “General Urban Area” to “Urban Natural Features” as identified on Schedule A attached.

 

 

 


 
Document 4

 

PROPOSED OFFICIAL PLAN AMENDMENT (REGION OF OC)                                           

 

 

 

 

 

 

Official Plan Amendment **

Modification du Plan directeur **

 

To the Official Plan of the Region of Ottawa-Carleton

 

 

 

 

 

Land use

Utilisation du sol


INDEX

 

THE STATEMENT OF COMPONENTS

 

PART A – THE PREAMBLE

 

Purpose

Location

Basis

 

PART B – THE AMENDMENT

 

Introduction

Details

Schedule A

 

 


AMENDMENT NO. **

OFFICIAL PLAN

OF THE REGION OF OTTAWA CARLETON

 

 

THE STATEMENT OF COMPONENTS

 

Part A - The Preamble does not constitute part of this Amendment.

 

Part B - The Amendment, consisting of the following text and map (designated Schedule “A”), constitutes Amendment No. ** to the Official Plan of the Region of Ottawa-Carleton.

 

PART A - THE PREAMBLE

 

1.      Purpose

 

The purpose of this Amendment is to change the land use designation of part of 6350 Fernbank Road from “Significant Wetlands” to “General Urban Area” and apply policies 5.4.4 (Natural Environment-Environmental Impact Statement Policies) to any development proposals in and adjacent to the wetland.  The lands affected by this Amendment are identified on Schedule “A” to this Amendment, being a part of Schedule “B”, Urban Policy Plan, to the Official Plan of the former Region of Ottawa Carleton. 

 

2.       Location

 

The lands affected by this Amendment are known municipally as 6350 Fernbank Road.  The subject property is generally located in the south end of the Village of Stittsville fronting on the south side of Fernbank Road west of Etta Street and on the west side of Stittsville Main Street. The total size of the property is 28.28 hectares.

 

The lands affected by the Amendment are highlighted on Schedule “A” to this Amendment, which is a portion of Schedule “B”, Urban Policy Plan, to the Official Plan of the former Region of Ottawa Carleton. 

 

 

3.       Basis

 

The Ministry of Natural Resources no longer considers the Fernbank Wetland a Provincially Significant Wetland (PSW) and therefore, it is no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement.  This natural feature does, however, have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting. It would be appropriate to recognize it as an environmental feature in the Official Plan in order to ensure the significant features and functions of the wetland are protected.

 

 

PART B - THE AMENDMENT

 

1.     Introduction

 

All of this part of this document entitled Part B - The Amendment, consisting of the following text and the attached map designated Schedule “A” to Amendment No. **, constitutes Amendment No. ** to the Official Plan of the Region of Ottawa-Carleton.

 

2.      Details

 

The following changes are hereby made to the Official Plan of the Region of Ottawa-Carleton:

 

1.      That Schedule “B”, Urban Policy Plan, is amended by changing the land use designation of part of 6350 Fernbank Road from “Significant Wetlands” to “General Urban Area” as shown on Schedule “A” to this Amendment.

 

2.   That Section 5.4.5 (Protection of Other Significant Features) of the Region of Ottawa-Carleton Official Plan be amended to add Subsection 5.4.5.3 comprised of the following text:

 

The urban portion of the Fernbank Wetland south of Fernbank Road is identified as a locally significant wetland and any development in proximity to this wetland will require an Environmental Impact Statement in accordance with  policies contained in Section 5.4.4.


 
Document 5

 

PROPOSED OFFICIAL PLAN AMENDMENT (Goulbourn)                                                    

 

 

 

 

 

 

Official Plan Amendment **

Modification du Plan directeur **

 

To the Official Plan of the Twp of Goulbourn

 

 

 

 

 

Land use

Utilisation du sol



INDEX

 

THE STATEMENT OF COMPONENTS

 

PART A – THE PREAMBLE

 

Purpose

Location

Basis

 

PART B – THE AMENDMENT

 

Introduction

Details

Schedule A

 


AMENDMENT NO. **

OFFICIAL PLAN

OF THE TOWNSHIP OF GOULBOURN

 

 

THE STATEMENT OF COMPONENTS

 

Part A - The Preamble does not constitute part of this Amendment.

 

Part B - The Amendment, consisting of the following text and map (designated Schedule “A”), constitutes Amendment No. ** to the Official Plan of the Township of Goulbourn.

 

PART A - THE PREAMBLE

 

1.                  Purpose

 

The lands affected by this Amendment, known municipally as 6350 Fernbank Road, are identified on Schedule “A” to this Amendment, being a part of Schedule “A1”, Land Use DesignationsStittsville, to the Official Plan of the former Twp of Goulbourn.  The purpose of this Amendment as it affects these lands is to lift Deferral # 13, delete the Adjacent Lands Boundary, change the land use designation of part of the property from a “Provincially Significant Wetland” to “Natural Environment Area”, a part from “Provincially Significant Wetland” to “Residential” and a part from “Residential” to “Natural Environment Area” and apply policies 10.4.1 and 10.4.2 (Natural Environment Policies) to any development proposals in and adjacent to the wetland. 

 

2.                  Location

 

The lands affected by this Amendment are known municipally as 6350 Fernbank Road.  The subject property is generally located in the south end of the Village of Stittsville fronting on the south side of Fernbank Road west of Etta Street and on the west side of Stittsville Main Street. The total size of the property is 28.28 hectares.

 

The lands affected by the Amendment are highlighted on Schedule “A” to this Amendment, which is a portion of Schedule “A1”, Land Use DesignationsStittsville, to the Official Plan of the former Twp of Goulbourn. 

 

3.                  Basis

 

The Ministry of Natural Resources no longer considers the Fernbank Wetland a Provincially Significant Wetland (PSW) and is, therefore, no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement.  However, this natural feature does have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting. It would be appropriate to recognize it as an environmental feature in the Official Plan in order to ensure the significant features and functions of the wetland are protected.

 

 

PART B - THE AMENDMENT

 

1.                  Introduction

 

All of this part of this document entitled Part B - The Amendment, consisting of the following text and the attached map designated Schedule “A” to Amendment No. **, constitutes Amendment No. ** to the Official Plan of the Twp of Goulbourn.

 

2.                   Details

 

The following changes are hereby made to the Official Plan of the Twp of Goulbourn:

 

1.    That Schedule “A-1”, Land Use Designations Stittsville, is amended as it applies to lands at 6350 Fernbank Road by lifting Deferral # 13, deleting the Adjacent Lands Boundary, and changing the land use designation of part of the property from a “Provincially Significant Wetland” to “Natural Environment Area”, a part from “Provincially Significant Wetland” to “Residential” and a part from “Residential” to “Natural Environment Area”.

 

2.     That Section 10.4 (Natural Environment) is amended to add Subsection 10.4.3 comprised of the following text:

 

Lands designation Natural Environment Area on Schedule A1 (Land Use Designations Stittsville) shall be protected in conformity with the Natural Environment policies of Subsections 10.4.1 and 10.4.2.

 


 


Document 6

 

EXPLANATORY NOTE                                                                                                                

 

By-law 2006-** is a by-law to amend By-law 40/99, of the former Township of Goulbourn, to rezone lands at 6350 Fernbank Road from the current “W” (Wetland), “RU” (Rural), and “D” (Future Development) Zoning to a combination of the following zones:  “NEA-1” (Natural Environment Special Exception Zone), “NEA” (Natural Environment Zone), “PR” (Parks and Recreation Zone), “R1-XX” (Residential Type One Special Exception Zone),   and “R4-XX” (Residential Type Four Special Exception Zone).  The purpose of the Zoning By-law amendment application is to implement the Official Plan Amendments and permit the development of the lands as reflected in the companion Draft Plan of Subdivision application.

 

For further information, please contact Ms. Sally Switzer at 613-580-2424, ext. 27597 or sally.switzer@ottawa.ca


Document 7

 

DETAILS OF RECOMMENDED ZONING                                                                               

 

1.         Schedule A of By-law 40-99 will be amended to rezone the properties as shown on the attached Location Map.

 

2.         The text of Zoning By-law 40/99, as amended, will be amended to add new special exception zones to read as follows:

 

R1-XX Zone

 

(1)        Not withstanding any provisions of this By-law to the contrary, the lands

                        zoned R1-XX must be used in accordance with the following provisions:

 

(a)        Uses Permitted

 

            dwelling, single detached

            group home

            bed and breakfast

 

(b)        Zone Provisions

(i)         minimum lot area:          360 m2

(ii)        minimum lot frontage:             12 metres

(iii)       minimum yard, front:

1.         4 metres;

2.         where a garage does not extend toward the front of  the lot past the habitable portion of the dwelling, 3.0 metres, and;

3.         5.0 metres for any single car garage

 

            (iv)          minimum yard, interior side: 1 metre

            (v)           minimum yard, exterior side: 4.5 metre

            (vi)          minimum yard, rear: 6.5 metres

            (vii)         minimum landscaped open space: 30%

            (viii)         minimum lot coverage, building, main: 45%

            (ix)          exterior parking spaces: minimum length is 5 metres and

                           minimum width is 2.7 metres

            (x)           encroachments in minimum yards as per the following

                           table:

 

Structure

Yards in which projection is permitted

Maximum projection

Balconies

None

 

open roofed porches not exceeding one storey in height

front and rear only

1 m including eaves and cornices, maximum length of 3 m

 

 

 

R4-XX Zone

 

(1)        Not withstanding any provisions of this By-law to the contrary, the lands zoned R4-XX must be used in accordance with the following provisions:

 

(a)        Uses Permitted

 

dwelling, townhouse

dwelling, semi detached

 

(b)        Zone Provisions

                                    (i)         minimum lot area:  230 square metres per dwelling unit

                                    (ii)        minimum lot frontage: 15 metres

                                    (iii)       maximum density: 35 units per hectare

                                    (iv)       minimum yard, front:  4 metres

                                    (v)        minimum yard, interior side:  3 metres, except where

abutting lots zoned to permit residential uses then 6 metres

                                    (vi)       minimum yard, exterior side: 4.5 metres

                                    (vii)      minimum yard, rear:  7 metres

                                    (viii)      minimum landscaped open space:  30%

                                    (ix)       minimum lot coverage, building, main:  40%

                                    (x)        minimum distance between buildings:

1.         between the front and/or rear walls of adjacent buildings: 14 metres

2.         between end walls of adjacent buildings: 3 metres

                                    (xi)       minimum dwelling unit area:  65 square metres

 

                        (c)        For the purposes of applying the zone provisions:

                                    1.         this zone shall be considered one lot;

                                    2.         blocks or lots within this zone shall not be considered 

through lots;

                                    3.         the lot line abutting Stittsville Main Street shall be

considered the front lot line.

 



Document 8

 

CONSULTATION DETAILS                                                                                                        

 

Notice of this application was carried out in accordance with the City’s Public Notification and Consultation Policy. At the request of the Ward Councillor a Public Information and Comment Session was held in the community on October 26, 2004.  A Public Meeting under the Planning Act for the application for Draft Plan of Subdivision was also held in the community on June 29, 2005. The proposed Official Plan Amendments and the proposed Zoning By-law amendment application were also presented and discussed at this Public Meeting.

 

PUBLIC COMMENTS

[U1] 

At the public comment session, Public Meeting and through written comments, the public posed questions regarding the wetland and raised concerns about the impact of the development of these lands on the existing neighbourhoods. Similar concerns were raised through a petition to the Committee of Adjustment in opposition to the companion application to sever the urban portion of the land holding from the rural portion. This severance application had been initiated as the current landowner wished to purchase only the urban portion of the original land holding. The Committee indicated to the residents at the Committee Hearing that their concerns would be dealt with in future applications; namely, Official Plan amendment, subdivision and zoning.

[U2] 

 

SUMMARY OF PUBLIC INPUT

[U3] 

Comment

 

Many questions revolved around the status of the wetland.  Despite the Ontario Municipal Board decision to approve the Westwood Subdivision it was the understanding of the Goulbourn Wetlands Group that the Fernbank Wetland was still considered to be Provincially Significant by the Ministry of Natural Resources.

 

Response

 

Staff contacted the MNR wetland biologist to discuss this. Although the Fernbank Wetland is still shown on their files as being Provincially significant, this is a technicality. They acknowledged that as soon as the Westwood Phase 2A subdivision is developed, wetland area will be removed such that the remaining wetland will be more that 750 metres from the Upper Poole Creek Wetland and the Fernbank Wetland will no longer meet the criteria to be considered a PSW.

 

Comment

 

Residents along Etta Street indicated strong opposition to any development on the subject lands. They understood that all of the land within the subject land parcel was Provincially Significant Wetland and would continue to be protected and no development would be permitted.

 


Response

 

 The Fernbank Wetland in fact covers less than half of the site and is located along the northern and western boundaries. The remainder of the site is designated Residential in the Goulbourn Official Plan and General Urban in the Region and City Council Approved Official Plan. Even if the wetland had remained a PSW at least half of the site could have been developed. Although, with the change from Significant Wetland to Urban Natural Feature, more of the land area will be able to be developed, the increase in lot yield is small. Also, the land immediately behind the Etta Street is recommended to be part of the Urban Natural Feature thereby prohibiting development immediately behind the existing homes.

 
Comment

 

Residents have expressed concerns with the increase in traffic that will be generated by this new development and the impact on surrounding streets. Etta Street now experiences cut through traffic and no sidewalks are located on Etta, Fernbank and Stittsville Main Streets in this part of Stittsville.

 

Response

 

 This OPA application deals with the issue of redesignation of a portion of the property from Significant Wetland to a less restrictive form of environmental protection designation and does not result in any approval for development. The application to rezone the lands implements the subdivision by allowing a change in the permitted uses to reflect the draft plan of subdivision. Development cannot occur on the site however until a plan of subdivision is approved and all of the conditions of Draft Plan approval have been met. Traffic impacts are addressed in the subdivision application process. A detail Traffic Impact Statement will be required prior to the issuance of draft plan approval.

 

Traffic signals are to be installed at Fernbank and Stittsville Main Street which will assist in controlling traffic in this vicinity in the immediate future.

[U4] 

[U5] 

COUNCILLOR’S COMMENTS

[U6] 

The Councillor is aware of the application.

[U7] 

COMMUNITY ORGANIZATION COMMENTS

[U8] 

The Stittsville Village Association had similar comments to those from the public in general and are listed and responded to above.

[U9] 

ADVISORY COMMITTEE COMMENTS[U10] 

[U11] 

The Environmental Advisory Committee has indicated that they reject the Official Plan amendment proposal if it does not result in the entire wetland on this site being protected as an Urban Natural Feature as preservation of this Provincially Significant Wetland is essential to the balance of the ecology in the area.

 

Response

 

The Fernbank wetland is no longer considered a Provincially Significant Wetland and is, therefore, no longer protected under the provisions of the “Significant Wetlands South and East of the Canadian Shield” policy of the Provincial Policy Statement.  However, this natural feature does have value at a local level, in particular, hydrological functions, and as a natural feature within an urban setting. The OPA, as recommended, will recognize the wetland as an environmental feature in the respective Official Plans in order to ensure the significant features and functions of the wetland are protected.

 


 [U1]Summarize the public notification and consultation undertaken.

 [U2]Provide details of any public meeting(s).

 [U3]If there are a number of comments/concerns, please list each comment separately along with the corresponding response. 

If there are a small number of related comments, please summarize them and provide one response.

 [U4]If a petition was received, please summarize the issue(s) raised, and the number of people who signed the petition

 [U5]Insert our response

 [U6]Insert Councillor’s comments

 [U7]Insert our response

 [U8]Insert Community Organization Comments

 [U9]Insert our response

 [U10]Insert Advisory Committee comments

 [U11]Insert our response