Report
to/Rapport au :
Planning and Environment Committee
Comité de l'urbanisme et de
l'environnement
and Council / et au Conseil
24 April 2006 / le 24 avril 2006
Submitted by/Soumis par : Ned Lathrop, Deputy City Manager/
Directeur municipal adjoint,
Planning and Growth Management / Service de l'urbanisme et de la 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
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SUBJECT: |
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OBJET : |
REPORT RECOMMENDATION
That the Planning and Environment
Committee recommend Council approve an amendment to the former City of Kanata
Zoning By-laws 161-93, 132-93, 74-79 and By‑law 552 to change the
zoning of 900 Second Line Road and its environs to enact an overlay zone, as
shown in Document No. 1 and as detailed in Document No. 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l'urbanisme et de l'environnement
recommande au Conseil d'approuver une modification des règlements de zonage
161-93, 132-93 et 74-79 ainsi que du Règlement municipal 552 de l'ancienne
Ville de Kanata qui aurait pour effet de rezoner le 900, chemin Second Line et
ses environs par la création d'une zone superposée, comme le fait voir en
détail le document 3.
BACKGROUND
The
subject lands have an area of approximately 293 hectares (725 acres) located in
the northwestern part of the former City of Kanata, specifically the Morgan's
Grant Community and its environs. The
former March Landfill site (now closed) covers an area of approximately two
hectares and is located approximately 250 metres southwest of the intersection
of Klondike and Second Line Roads.
In
2000, the Region of Ottawa-Carleton investigated this site when purchasing
undeveloped land in the South March Highlands.
As part of this investigation a Phase I/II Environmental Site Assessment
was done. The assessment revealed
trichloroethylene (TCE) in the groundwater under the landfill.
With
this identification, the City commenced its comprehensive investigation and
management program of the former March Landfill. A subsequent hydrogeological investigation and groundwater study
identified the extent, magnitude and migration of the TCE contaminant plume.
A Human Health Risk Assessment (HHRA) was completed to assess the potential risk to the residential communities downgradient of the landfill. A Risk Management Plan (RMP) was developed in support of the HHRA. It presents the environmental management strategy for the March Landfill TCE plume and outlines the necessary technical and administrative requirements to manage, mitigate and prevent potential unacceptable risks resulting from it. One of the objectives of the RMP was to establish the necessary municipal controls to restrict future groundwater use for both domestic water and non-potable uses (i.e. irrigation, livestock watering, ground source heat pumps). The RMP was approved by City Council on July 14, 2004. It has been submitted for review and approval by the Ministry of the Environment (MOE) as part of the HHRA process. The MOE has indicated their support of the zoning restriction.
DISCUSSION
The City Council Approved Official
Plan established policies that deal with Groundwater Management (s.2.4.4). This section states, "Protecting the
quality and quantity of groundwater is an environmental and public health
issue." One of the policies states
"where monitoring and characterization of the groundwater resource has
indicated degradation of the resource function, the zoning by-law will restrict
uses to prevent further impacts on that function."
Section 11.4 of the former Regional Official
Plan deals with contaminated sites. It
states that Council shall define a contaminated site where the quality of
groundwater, particularly on former industrial and waste disposal sites, may
have the potential for adverse effects to human health. Included among the policies for this section
is the mitigation of the contamination if contamination is found.
The former City of Kanata Official Plan
designates the land as a Marginal Resource Restricted, Special Study Area. The environmental study referred to in the
Plan was one of the original evaluations used to assess land for the Natural
Environment Area designation in the Regional Official Plan. Other designations
in the Kanata Official Plan relating to the subject lands are Residential, Open
Space, Commercial, Institutional and Restricted Industrial.
The proposed zoning would be an overlay zone
that would have no impact on the general zone requirements of the existing
zones except for the restriction on the construction and deepening of groundwater
wells. It complies with the Official
Plan policies as they address site and groundwater contamination. Further, the Zoning By-law amendments
implement one of the recommendations of both the HHRA and the RMP.
The overlay zone would be illustrated in the
zoning schedules for the relevant zoning by-laws. The first Location Map attached as Document 1 shows how the
overlay would apply for the zoned area for Kanata. Area A shows how Schedule A of By-law No. 161-93 would be
amended. Area B shows how Schedule A of
By-law No. 132-93 would be amended.
Area C shows how Schedule A of By-law No. 74-79 would be amended.
The hatched area on the second location map
forming part of Document 1 shows how By-law No. 552 would be amended. By-law No. 552 is the original by-law for
the former Township of March. It does
not have a schedule associated with it at this time.
ENVIRONMENTAL IMPLICATIONS
As noted above, the subject lands have site contamination issues resulting from historical landfilling activities. Specifically, groundwater contamination and TCE vapours have been identified.
The HHRA concluded that there is no current risk to the existing community through drinking water or through TCE vapours. Monthly monitoring of private wells for the past five years in the overlay area has not revealed any results exceeding the MOE's criteria for TCE. These wells will continue to be monitored as part of the RMP. The monitoring program will detect any change in the plume's migration pattern. This Zoning By-law amendment will ensure that no new wells are constructed in the overlay area, which could lead to unacceptable exposure risks and/or detrimental effects to the migration of the TCE plume.
The on-going vapour monitoring program has revealed that the criteria for vapour inhalation are not now nor are they predicted to be exceeded beyond the footprint of the landfill. However, vapour monitoring will continue as part of the RMP and will be carried out at the same time as the groundwater well sampling.
Most of the subject lands are within the urban area and are therefore serviced with municipal services. However for the five private wells on private services within the overlay area, restrictions on groundwater wells are still needed. Non-potable groundwater uses are included in this amendment to prevent potential exposure risks to human health and to guard against potential changes to plume migration due to groundwater pumping.
RURAL IMPLICATIONS
The implication for the rural property owners in this area is that they will be prohibited from constructing or deepening any wells on their property. However, investigations over the past three and a half years revealed that there are no existing wells in the rural overlay area.
Metcalfe Realty is one of the rural property owners. The overlay area will impact a portion of their land. This amendment will not therefore restrict Metcalfe Realty from installing a private well on an estate lot development, which is in accordance with the existing zoning for their 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.
In addition, the City's Real Property and Asset
Management Branch have continually involved the residents through their studies
of the plume. This has included three
public meetings and ten quarterly newsletters to date. The RMP establishes the requirement for
continued semi-annual newsletters to the community to ensure that the results
of the City's on-going monitoring programs are communicated to the residents
within the overlay area. There have not
been any concerns raised by the public with respect to the proposed amendment.
The Ottawa Forests and Greenspace Advisory Committee (OFGAC), which is mandated to provide advice and guidance to City Council to help safeguard the environment of the City through the use of trees, forests and green space, reviewed the proposal. OFGAC supports the zoning application and the application of an overlay to protect local residents.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This application was processed within the timeframe
established for the processing of Zoning By-law Amendment applications.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Details
of Recommended Zoning
DISPOSITION
Corporate Services Department, City
Clerk's Branch to notify the Corporate
Services Department, Real Property and Asset Management Branch, 110 Laurier
Avenue West, 5th. floor, Ottawa, ON
K1P 1J1, Signs.ca, 866 Campbell Avenue, Ottawa, ON K2A 2C5, and Ghislain Lamarche, Program
Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of
City Council's decision.
Planning and Growth Management Department to
prepare the implementing by-law, forward to Legal Services Branch and undertake
the statutory notification.
Corporate Services Department, Legal Services
Branch to forward the implementing by-law to City Council.
DOCUMENT 1
LOCATION MAP
DOCUMENT 2
DETAILS OF RECOMMENDED ZONING
1. The
following will be added to the General Provisions of By-laws 161-93, 132-93,
74-79:
Zone Overlays
Overlay 1- Groundwater Wells
(a) On any land shown hatched on Schedule A and noted as Overlay 1 the following are prohibited:
1. drilling of a new groundwater well, and;
2. drilling to make an existing groundwater well any deeper,
with
the exception of wells that are
required for environmental site
assessment purposes as per O.Reg.153/04.
2. The
following will be added to Section 4 of By-laws 161-93, 132-93, 74-79:
Where a requirement is needed for a large area that may cover more than one zone, a zone overlay can be shown on Schedule A as a hatched area with a corresponding provision set out in Section x.
3. The following will be added to By-law 552 as a new section:
On any land shown hatched on Schedule B, attached to this by-law, and noted as Overlay 1 the drilling of a new groundwater well and drilling to make an existing groundwater well any deeper is prohibited with the exception of wells that are required for environmental site assessment purposes as per O.Reg.153/04.
4. The appropriate schedules of By-laws 161-93, 132-93, 74-79 will be amended to add
the hatch pattern as shown on Document X and the following will be added to the
legend of each schedule:
Area Subject to Overlay 1, subsection xx
5. By-law 552 will be amended to add Document Y as Schedule B.