1.
ONTARIO
MUNICIPAL BOARD APPEAL - ZONING/SUBDIVISION- 152 WHITETAIL DRIVE
APPEL DEVANT LA
COMMISSION DES AFFAIRES MUNICIPALES DE L'ONTARIO - ZONAGE / LOTISSEMENT -
152, PROMENADE WHITETAIL
|
COMMITTEE RECOMMENDATIONS
AS AMENDED
That the City
Solicitor be instructed to seek an adjournment of the upcoming hearing to
explore options to address the noise concerns;
However, shall an adjournment not be
granted, the position of the City shall be in accordance with the following:
Further that
Council endorse the following position at the Ontario Municipal Board hearing
regarding the applications to Amend the Zoning and for Draft Plan of
Subdivision at 152 Whitetail Drive:
1. That the Draft Plan of Subdivision as
shown in Document 1 be refused;
2. That the Zoning By-law Amendment to
rezone lands from Rural Zone (RU) to Rural Country Lot Zone (RCL-XX) be
refused;
3. That appropriate staff resources, from
the Corporate Services and Planning and Growth Management Departments be
committed for participation in the Ontario Municipal Board Hearing.
RecommandationS MODIFIÉes du comitÉ
Que l’on enjoigne le chef du contentieux à
demander le report de la prochaine audition pour permettre l’étude des
solutions permettant de répondre aux préoccupations liées au bruit;
Toutefois,
si le report n’est pas accordé, la Ville adoptera une position conformément à
ce qui suit :
Que le
Conseil municipal appuie l'adoption de la position suivante à l'audition que
doit tenir la Commission des affaires municipales de l'Ontario au sujet des
demandes de modification du zonage et du plan de lotissement provisoire pour la
propriété située au 152, promenade Whitetail :
1. Que le plan de lotissement provisoire
illustré au document 1 soit rejeté;
2. Que la demande de modification de
zonage visant à faire passer la désignation de la propriété de RU (zone rurale)
à RCL-XX (lot de campagne de zone rurale) soit rejetée;
3. Qu’un nombre approprié de représentants
des Services généraux et du Service de l’urbanisme et de la gestion de la
croissance assiste à l’audition de la Commission des affaires municipales de
l’Ontario.
Documentation
1.
Acting
Deputy City Manager, Planning and
Growth Management report dated 15 June 2006 (ACS2006-PGM- APR-0151).
Agriculture and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
15 June 2006 / le 15 juin 2006
Submitted by/Soumis par : John L. Moser,
Acting Deputy City Manager/Directeur municipal adjoint par intérim,
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, 13242 Grant.Lindsay@ottawa.ca
REPORT RECOMMENDATIONS
That the recommend Council endorse the
following position at the Ontario Municipal Board hearing regarding the
applications to Amend the Zoning and for Draft Plan of Subdivision at 152
Whitetail Drive :
1. That the Draft Plan of
Subdivision as shown in Document 1 be refused;
2. That the Zoning By-law
Amendment to rezone lands from Rural Zone (RU) to Rural Country Lot Zone (RCL-XX) be refused;
3. That appropriate staff
resources, from the Corporate Services and Planning and Growth Management
Departments be committed for participation in the Ontario Municipal Board Hearing.
RECOMMANDATIONS DU RAPPORT
Que le
Comité de l'agriculture et des questions rurales recommande au Conseil
d'appuyer l'adoption de la position suivante à l'audition que doit tenir la
Commission des affaires municipales de l'Ontario au sujet des demandes de
modification du zonage et du plan de lotissement provisoire pour la propriété
située au 152, promenade Whitetail :
1. Que le plan de
lotissement provisoire illustré au document 1 soit rejeté;
2. Que la demande de modification de
zonage visant à faire passer la désignation de la propriété de RU (zone rurale)
à RCL-XX (lot de campagne de zone rurale) soit rejetée;
3. Qu’un nombre approprié de représentants
des Services généraux et du Service de l’urbanisme et de la gestion de la
croissance assiste à l’audition de la Commission des affaires municipales de
l’Ontario.
BACKGROUND
The
subject property is located on the west side of Spruce Ridge Road approximately
1.3 km north of Highway 7. It continues south of the existing Pinery Estates
Subdivision (Phases I and II) to the boundary between the former West Carleton
Township and former Goulbourn Township.
The property extends 1,300 metres west of Spruce Ridge Road and includes
some of the eastern edge of the Huntley Wetland Complex.
Most
of the subject land is vacant with a mix of treed areas and some old
pastures. Logging has occurred, most
recently in 2000. A small strip on the
west side of the property is Provincially Significant Wetlands.. The New City Council Approved Official Plan designates the land
as General Rural with the exception of the wetlands, which are recognized as
Provincially Significant Wetland. The
Regional Official Plan designates the subject lands as General Rural and
Significant Wetland. The local Official
Plan designations are Marginal Resource and Hazard Lands. The majority of the
lands are zoned Rural (RU) with a small portion to the east along Spruce Ridge
Road zoned Rural Residential (RR) and a strip on the west zoned Hazard Land
Exception 1 (HL-1). The
proposed subdivision requires a Zoning By-law amendment to Rural Country Lot
Zone (RCL-XX) to permit an estate lot subdivision.
The
purpose of the applications is to obtain approval to establish 79-country
estate lots for single-detachedfamily
dwellings. The subdivision is proposed
to be developed in two phases: Phase III will have 37 lots, Phase IV, 42
lots. Road access would include two
accesses to the existing Pinery Estate Subdivision to the north and one access
to Spruce Ridge Road to the east.
An appeal to the Ontario
Municipal Board was made by Doug Kelly, on behalf of the applicant,
on January 10, 2006. The appeal asserts
that the City of Ottawa has failed to make a decision within the prescribed
time under Section 51(31) of the Planning Act. An Ontario Municipal Board hearing date has been set for July 31,
2006.
DISCUSSION
The City Council Approved Official Plan designates the land as General Rural with the exception of the wetlands, which are recognized as Provincially Significant Wetland. The Regional Official Plan designates the subject lands as General Rural and Significant Wetland. The local Official Plan designations are Marginal Resource and Hazard Lands. The majority of
the lands are zoned Rural (RU) with a small portion to
the east along Spruce Ridge Road zoned Rural Residential (RR) and a strip on the west zoned Hazard Land
Exception 1 (HL-1).
During the initial circulation of the files it became clear that there were a number of issues to be addressed before a subdivision could be permitted. The wetland boundary needed to be verified and the Mississippi Valley Conservation Authority requested a number of revisions to the proposed draft plan. Some of the revisions included changing the proposed plan of subdivision so that the ownership of the wetland was not fractured and that building areas would be setback appropriately from the wetland boundary. The applicant subsequently revised their plans to show these requirements.
Another
issue was tThe
subdivision’s proximity to lands designated for the protection of Limestone
Resources is a
significant issue. Under both the
City Council Approved Official Plan and the former Regional Official Plan there
are development restrictions on adjacent land within 500m and 450m respectfully
from the Limestone Resource Area. This
restriction excludes residential development within the effected area until the
resource has been exhausted at which time the designation could be changed and
development could proceed. The lands
affected by the Limestone Resource extended deep into the property and
eliminated the possible development of a segment of the proposed Phase IV
component of the subdivision. Once
advised of this constraint, the applicant revised their plans again removing
the affected part of the draft plan.
The final issue was the proximity of the subdivision to the Ottodrome International Speedway (OIS). The OIS has a 3/8th mile oval track and a 1/8th mile drag strip catering to local racing enthusiasts. The facility operates a variety of oval racing events, drag racing events, cruise nights and motorcycle events normally scheduled in the evenings or on the weekend.
The City has responded numerous times to noise complaints from residents that live in the existing Pinery Estates Subdivision and along Spruce Ridge Road. The City retained State of the Art Acoustic Inc. (SOTA) to take independent noise measurements along Spruce Ridge Road and on Whitetail Road. It was found that noise levels were significantly above the background noise and above guidelines set by the Ministry of Environment for stationary sources. Noise from the track could be heard as far away as Richardson Side Road but became louder the closer the receptors where placed to the OIS.
According to the Ministry of Environment Guidelines, racetracks such as OIS are considered as stationary sources of noise regardless of their level of operation and duration of events, and are subject to the MOE's stationary source criteria.
The City Council Approved Official Plan (Section 4.0) states that the City can exert a strong influence over the nature of land development by reviewing development applications and approving only those projects that respect the principles expressed in its Official Plan. Section 4.8.8 also states that stationary noise source can affect the quality of life of affected residents. The intent of the Plan is to protect residents from unacceptable levels of noise. Council recommends a maximum average noise level of 58 decibels on a weighted scale average for 30 minutes or less between 7am - 11pm and 53 decibels or less between 11pm - and 7am. Where noise levels above accepted standards come from stationary sources, the City will apply the Ministry of Environment's Noise Assessment in Land-Use Planning Guidelines (i.e. LU-131). These guidelines require that noise attenuation measures be designed and built to reduce noise to an acceptable level. If it is not possible to design attenuation measures to mitigate the noise, then staff need to consider whether the subdivision is an appropriate land use.
Given this history and based on the Official Plan policies, staff requested that a noise study be conducted in support of the application to permit homes to be built closer to the OIS. The applicant retained Daley Ferraro Associates (DFA) who conducted testing of ambient noise and measured noise during racing events. Their conclusions were that a subdivision was compatible with the racetrack with some mitigation measures including an earth berm along the south edge of the property, buildings to be constructed with a higher grade of windows and sound proofing and that outdoor amenity areas be located on the side of the house away from the OIS.
Staff then had the DFA report peer reviewed by S.S. Wilson Associates who did not concur with the findings. The peer review indicated that noise levels would not only need to be reduced in amenity areas but everywhere on the residential properties. Their conclusion was that the predicted/measured OIS racing track sound levels by DFA and by SOTA at the nearest neighbouring properties show significant to very significant excesses above the applicable criteria and will most likely lead to many noise complaints by the occupants of the affected lots. The City's consultant has concluded that the current site layout (revised June 30, 2005) and house designs need be revised to incorporate more effective noise control measures that would adequately address the OIS race track noise at the affected residential lots.
CONCLUSIONS
The City's Official Plan requires applicants to prove that noise levels can be mitigated to acceptable levels before sensitive land uses, such as residential dwellings, are permitted to be constructed within the affected area. City staff and the City's noise consultant has determined that the developer’s noise mitigation measures have not adequately reduced noise levels to the MOE Guidelines that have been adopted in the Official Plan.
Based on the information described above, staff recommends that these applications for rezoning and subdivision approval be refused. Sound studies have indicated that there is a problem with the noise from the adjacent racetrack. The mitigation measures proposed by the applicant's sound engineer are not sufficient to satisfy staff that some of the lots will not be severely impacted by noise levels. The latest revised plans for the subdivision still has a number of lots close to the track and the applicant is requesting to amend the zoning to permit houses within areas that would have noise problem. The applicant's sound engineer has not addressed the stationary noise source or provided evidence that the noise can be attenuated adequately for the proposed residential development to be considered.
ENVIRONMENTAL IMPLICATIONS
A portion of the property is Provincially Significant Wetland. The Mississippi Valley Conservation Authority has review the Environmental Impact Statement and concluded that the plan needed to be revised. The applicant has made these revisions to the plan of subdivision and acknowledge that the Conservation Authority will be requesting appropriate conditions should the subdivision be approved.
RURAL IMPLICATIONS
Staff can not recommend that the applications represent appropriate rural development given the absence of a conclusive study that noise concerns are addressed in accordance with the requirements of MOE and the City Council Approved Official Plan.
CONSULTATION
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The consultation details can be found in Document 2. The Ward Councillor is aware of this application and the staff recommendation.
FINANCIAL IMPLICATIONS
APPLICATION PROCESS
TIMELINE STATUS
This application was processed by the "On Time
Decision Date" established for the processing of Zoning By-law amendment
applications. The application has been
on hold to allow the applicant time to address the noise issues.
SUPPORTING DOCUMENTATION
Document 1 Location Map
Document 2 Consultation Details
Document 3 Notice
of Appeal
DISPOSITION
Corporate Services Department, City Clerk’s
Branch, Secretariat Services to notify the owner, Vern Rampton, P.O. Box 158, Carp, ON K0A 1L0, applicant, Doug Kelly, Soloway Wright Barristers &
Solicitors, 900-427 Laurier Avenue West, Ottawa, ON K1R 7Y2, Signs.ca, 866 Campbell Avenue, Ottawa, ON, K2A 2C5, 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
LOCATION MAP DOCUMENT
1
CONSULTATION DETAILS DOCUMENT
2
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. One public meeting was also held in the
community.
November 20, 2003 - PUBLIC MEETING COMMENTS
Owner of the Ottawa International Speedway stated his opposition to the subdivision and if houses are to be built there should be a clause purchase and sale agreement restricting the ability of a resident to complain about noise. Staff believes it is legally impossible to limit residents ability to complain through a purchase and sale agreement.
Noise from track would be muffled by thick tree growth. Staff stated that noise attenuation can only be achieved with solid/dense fences or walls.
It was asked if the noise by-law(s) is relevant in this case. Staff stated that By-law Enforcement has been to the site on a number of occasions and racing has ended before 11 pm.
When
Phase 2 was approved a second access to the subdivision was proposed to Spruce
Ridge Road. The neighbouring landowner
and the developer could not come to an agreement so it was never constructed. There are now traffic problems along
Beavertail Road and Richardson Side Road due to the speeders and volume of cars
going to the subdivsion. Before any
further phases are approved, a second access needs to connect the subdivision
to Spruce Ridge Road. Staff idicated
that at the time that the 2nd phase was approved it was determined
that one access would be sufficient.
Enforement along these road could improve some of the problems. The proposed subdivision does have an access
to Spruce Ridge.
Spruce
Ridge Road should be paved between the new access and Highway 7 otherwise no
one will use it. Staff indicated that
it would be up to the Surface Operations Branch to determine if paving is
required and then it is subject to the Capital Works Budget.
It
was asked if there will be any parkland taken.
Staff indicated that cash in lieu of parkland would be taken instead of
land.
There
were concerns about pesticide use and other run-off detrimentally affecting the wetlands. Staff and the Conservation Authority have reviewed studies
provided by the applicant and require that a 30m buffer (no touch zone) be
observed along the edge of the wetland.
ADVISORY COMMITTEE COMMENTS
Environmental
Advisory Committee:
Deny at this time because it is outside of the urban boundary and premature;
Further hydrogeological study should be preformed when 70% of Phase 3 is completed before registering Phase 4; and
Remove lots within the Provincially Significant Wetland and place restrictive covenant on title to protect wetland buffer.
NOTICE OF APPEAL DOCUMENT
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