6. ZONING - 8089 Franktown Road

ZONage - 8089, CHEMIN Franktown

Committee Recommendations

(This application is not subject to Bill 51)

That Council:

1. Approve an amendment to the Comprehensive Zoning By-law to change the zoning of part of 8089 Franktown Road from Rural (RU) Zone to Parks and Open Space (O1A) Zone, as shown in Document 2 and detailed in Document 4 and

2. Approve an amendment to the former Township of Goulbourn Zoning By-law to change the zoning of part of 8089 Franktown Road from Rural (RU) Zone to Open Space (OS) Zone and from Environmental Protection Area (EPA) Zone to Environmental Protection Area Special Exception (EPA-X) Zone to permit a golf course as shown in Document 3 and detailed in Document 4.

3. That the by-law to implement Recommendation 1 and 2 not be enacted until final approval of the site plan application has been granted and the required site plan agreement has been entered into with the City.

Recommandations du comité

(Cette demande n’est pas assujettie au projet de loi 51)

Que le Conseil :

1. approuve une modification au Règlement de zonage général visant à faire passer la désignation de zonage d’une partie du 8089, chemin Franktown de Zone rurale (RU) à Zone de loisirs et d’espaces verts (O1A), comme l’illustre le document 2 et le précise le document 4;

2. approuve une modification au Règlement de zonage de l’ancien Canton de Goulbourn visant à faire passer la désignation de zonage d’une partie du 8089, chemin Franktown de Zone rurale (RU) à Zone d’espaces libres (OS), et de Zone de protection de l’environnement (EPA) à Zone d’exception spéciale à une zone de protection de l’environnement (EPA-X) afin de permettre un terrain de golf, comme l’illustre le document 3 et le précise le document 4.

3. ne promulgue pas le règlement de mise en œuvre des recommandations 1 et 2 qu’après l’approbation finale du plan d’implantation et la signature de la convention exigée par la Ville relativement au plan d’implantation.

Documentation

1. Deputy City Manager's report (Planning, Transit and the Environment) dated
27 June 2008 (ACS2008-PTE-PLA-0146).

2. Extract of Draft Minute, 11 July 2008.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

27 June 2008/27 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, Planning Branch/Direction de l’urbanisme

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

Rideau–Goulbourn (21)

Ref N°: ACS2008-PTE-PLA-0146

SUBJECT:	ZONING – 8089 Franktown Road (FILE NO. d02-02-05-0136)

OBJET :	ZONAGE - 8089, chemin franktown

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend Council:

RECOMMANDATIONS DU RAPPORT

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

1. d’approuver une modification au Règlement de zonage général visant à faire passer la désignation de zonage d’une partie du 8089, chemin Franktown de Zone rurale (RU) à Zone de loisirs et d’espaces verts (O1A), comme l’illustre le document 2 et le précise le document 4;

2. d’approuver une modification au Règlement de zonage de l’ancien Canton de Goulbourn visant à faire passer la désignation de zonage d’une partie du 8089, chemin Franktown de Zone rurale (RU) à Zone d’espaces libres (OS), et de Zone de protection de l’environnement (EPA) à Zone d’exception spéciale à une zone de protection de l’environnement (EPA-X) afin de permettre un terrain de golf, comme l’illustre le document 3 et le précise le document 4.

3. de ne promulguer le règlement de mise en œuvre des recommandations 1 et 2 qu’après l’approbation finale du plan d’implantation et la signature de la convention exigée par la Ville relativement au plan d’implantation.

BACKGROUND

The Riverbend Golf Course fronts onto the north side of Franktown Road, and the south side of Copeland Road, southwest of the Village of Munster Hamlet as shown in Document 1. The municipal address is 8089 Franktown Road. The Jock River runs the full length of the golf course lands roughly in a north south direction. The lands which are subject to this application to amend the Zoning By-law are comprised of the northerly most 9.4 hectares of the golf course; with frontage on the south side of Copeland Road and the west side of the Jock River. Seven holes of the golf course have been built on the subject lands.

Purpose of Zoning Amendment

In the Comprehensive Zoning By-law, the main part of the golf course is zoned Parks and Open Space (O1A) with a floodplain overlay. The subject lands are zoned RU with a floodplain overlay. A golf course is permitted in the O1A zone but not in the RU zone. The floodplain overlay restricts the placement of buildings but does not prohibit site alteration for golf course development. Under the Comprehensive Zoning By-law, appropriate setbacks from watercourses for development requiring site plan approval are determined through the site plan control process. Golf courses are subject to site plan control as per the City’s Site Plan Control By-law.

In the former Township of Goulbourn By-law the majority of the golf course is zoned Open Space (OS) and Environmental Protection Area (EPA). The Open Space zone permits a golf course use. The EPA zone has been applied to those lands within the floodplain along the length of the Jock River. The EPA zone also permits a golf course. The subject lands (i.e. the north 9.4 hectares) are zoned a combination of Rural (RU) zone and EPA. The RU zone permits a range of rural uses but does not permit a golf course. Although an EPA zone permits a golf course, there is also a general provision which is applicable to development adjacent to water courses and water bodies. The provision requires that all improved elements of any golf course, such as tee-off areas, fairways and greens be setback a minimum of 30 metres from the normal high water mark of any watercourse.

The purpose of the application is also to amend the Comprehensive Zoning By-law to change the zoning from RU to O1A, including the area that is underlying the floodplain overlay as shown in Document 2. As noted, watercourse setbacks are determined through the site plan process. The site would not be in compliance with the Comprehensive Zoning By-law until a site plan is approved which sets out the appropriate setbacks for this use, in this location.

The purpose of the subject application is also to rezone the north portion of the lands from RU and EPA to OS and Special Exception EPA to recognize the existing golf course that has been extended onto these lands as shown in Document 3. The special exception zone would permit certain improved elements of the golf course to be closer to the watercourse than is permitted in the general provisions as detailed in Document 4.

DISCUSSION

The golf course property is designated General Rural in the Official Plan. A golf course is a permitted use in a General Rural area. Due to the presence of the Jock River, the Official Plan policies for the Protection of Surface Water apply. These policies note that no development or site alteration may occur within 30 metres of the normal high water mark of rivers, lakes and streams as determined by the Conservation Authority. Exceptions to this policy include “alterations necessary for recreation….. that are approved by the City and Conservation Authority”. In addition, the policies state “When an exception to the setback is requested, an alternate setback will be considered by the City in consultation with the Conservation Authority on the basis of a study that addresses….. natural vegetation and the ecological function of the setback area”.

A site plan control application was submitted with the application to amend the Zoning By-law and the two applications were put on public and technical circulation together. The site plan showed the Jock River and the details of the golf course as it had been laid out on the subject lands (i.e. north section only). As a result of the circulation of the site plan, both technical and public comments were received raising environmental concerns with the manner in which the golf course had been laid out. The greens, tees and fairways for three holes are within 30 metres of the normal high water mark, the majority of the improved areas associated with these three holes are in fact within 15 metres of the high water mark and the tee for the 13^th hole is within four metres of the high water mark. The site plan drawing and site visit revealed that the existing vegetation along the entire length of the Jock River is minimal. Concerns from both the public and technical agencies and City staff were centred around concerns with the impact on water quality associated with maintenance of a golf course including fertilizer use and possible use of herbicides and pesticides within close proximity to a river.

To resolve these concerns, the applicant was requested to retain a golf course design consultant and an environmental consultant to assess the feasibility of redesigning the golf course to move the tees, greens and fairways away from river. The consultants were also asked to propose appropriate landscape treatment within the setback and consider reducing the maintenance of the three holes in question (i.e. extending the “rough”, narrowing the fairway etc) The reports concluded that there was insufficient land area to alter the golf course in a way that would not negatively impact on the playability of the course and what changes could be made would result in the necessity to remove existing trees. While reductions in the maintenance of portions of the course could be made, these were minimal. Landscaping was proposed to help mitigate the impact of the reduced setback and a turf management plan was prepared and submitted.

The Official Plan recognizes that from an environmental perspective a 30-metre setback from a water course is not always required depending on the proposed land use, shoreline vegetation and characteristics of the watercourse. Staff and the Conservation Authority were willing to support reducing the setback to 15 metres provided that extensive vegetation could be planted within this setback. The amount of landscaping that could be proposed for planting within the setback however was limited without interfering with the “playablity” of the holes (the site plan drawing is attached as Document 5.) Even with the approval of the turf management plan by the Conservation Authority and the new landscape proposal, concern remained with impacts on the surface water quality of the Jock River.

Despite the fact that only the northern portion of the golf course was subject to the application, the Conservation Authority and City staff contacted the applicant and requested consideration be given to planting along the entire length of the Jock River within the golf course property. This would be a compensatory approach that would serve to mitigate the impact of the portions of the golf course which have been established in the setback. The applicant agreed to this approach and prepared and submitted an additional site plan drawing that proposed landscaping within the 15-metre setback on the southerly part of the golf course. The vegetation types and locations were in accordance with the recommendation of their environmental consultant. The supplemental Site Plan drawing is attached as Document 6.

Staff and the Conservation Authority concluded that from a environmental perspective that even though the golf course in the north section was not being relocated away from the Jock River such that the entire 15 metres could be vegetated, there would still be a net gain in mitigating the impact of the golf course operation and maintenance by providing vegetation along a greater stretch of the river. As such the site plan drawings have been determined to be acceptable by both City and Conservation Authority staff.

Zoning Details

Documents 2 and 4 show the changes necessary to the Comprehensive Zoning By-law to reflect this zoning by-law application. The area of the site presently zoned RU is to be zoned O1A, including the area that is underlying the floodplain overlay. Under the Comprehensive Zoning By-law general provisions, watercourse setbacks are determined through the site plan process. Once the site plan agreement is executed and the site has been landscaped as in the landscape drawings, the site would be in compliance with the Comprehensive Zoning By-law. The creation of a special exception zone is not required.

In the former Township of Goulbourn Zoning By-law, the land presently zoned RU would be rezoned to OS which permits a golf course. The zoning for the area along the Jock River below the “normal high watermark” and the River itself would remain in a standard EPA zone. The area presently zoned EPA, the floodplain above the normal high water mark is proposed to be zoned a special exception EPA zone. This special exception zone provides an exception to the general provision that requires all improved areas of golf courses to be setback 30 metres from the high water mark. This special exception zone references the approved site plan. The site plan identifies the elements of the golf course that can be within a 30‑metre setback on the north part of the golf course and sets out the landscape requirements within the 15‑metre setback on the entire golf course. The site plan also requires that a turf management plan be in place.

Conclusion

The proposed Zoning By-law amendment is in conformity with the General Rural Area Official Plan policies and will be in conformity with the Official Plan policies regarding setbacks to watercourses once the site plan receives final approval. With the approval of the site plan setting out alternative setbacks based on an environmental study, the land use is in conformity with the Official Plan policies and in compliance with the general provisions of the Comprehensive Zoning By-law.

It is acknowledged that from an environmental perspective, certain elements of the golf course remaining within the 15-metre setback is not ideal, however as the applicant has agreed to landscape within the 15-metre setback for the entire golf course, it serves to mitigate the impact on water quality of the golf course as a whole. This revegetation coupled with the implementation of an approved turf management plan will serve to mitigate the impact of the golf course on the water quality of the Jock River. This approach will have the added advantage, from a rural economic development perspective, that it will not require a change in golf course design to potentially reduce the playability of certain holes and will not require disruption of golf course operations while fairways, tees and greens are relocated. Landscaping can take place this fall and next spring with minimal disruption.

ENVIRONMENTAL IMPLICATIONS

Concern was raised by the public, Conservation Authority and City staff with the potential impact of the operation of a golf course and associated fertilizer, herbicide and pesticide use close to the Jock River. The improved elements of the golf course; greens, tees and fairways, will remain in their existing location however, a greater proportion of these elements will be left in a natural state, landscaping will be added within 15 metres of the normal high watermark for the full length of the river within the golf course lands and a turf management study has been reviewed and approved. This is a compensatory approach that mitigates the impact of the portions of the golf course which have been established in the required setback. A site plan agreement setting out the details of this approach is to be entered into by the applicant.

RURAL IMPLICATIONS

The approach to the proposed Zoning By-law amendment and companion site plan application outlined in this report does not necessitate the relocation of the improved elements of the golf course away from the Jock River. It does however require that landscaping be provided within the 15 metre setback of the Jock River along the length of the golf course. By taking this approach to mitigating the impacts of the golf course on the Jock River, it permits the golf course to remain its present size, and configuration, with no disruption in play.

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.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to delays associated with this application and the companion site plan application related to environmental impact concerns.

SUPPORTING DOCUMENTATION

Document 1 Location Map

Document 2 Zoning Schedule Comprehensive Zoning By-law

Document 3 Zoning Schedule former Township of Goulbourn

Document 4 Details of Recommended Zoning

Document 5 Site Plan Drawing (north section of golf course)

Document 6 Supplemental Site Plan Drawing (south section of golf course)

Document 7 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Frank Chiarelli, Riverbend Golf Course, 8089 Franktown Road Richmond ON K0A 2Z0, applicant, Sheila Clarke Trow Consulting, 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.

LOCATION MAP DOCUMENT 1

ZONING SCHEDULE NEW ZONING BY-LAW DOCUMENT 2

ZONING SCHEDULE DOCUMENT 3

DETAILS OF RECOMMENDED ZONING DOCUMENT 4

Proposed Changes to Comprehensive Zoning By-law

That the Zoning Map of the Comprehensive Zoning By-law be amended such that parts of the lands at 8089 Franktown Road, identified on the zoning key map in Document 2 be changed as follows:

Area A: RU to O1A

Proposed Changes to former Township of Goulbourn By-law 40/99

1) That the Zoning Schedules of Zoning By-law 40/99 as amended, be further amended such that parts of the lands at 8089 Franktown Road, identified on the zoning key map in Document 3, be changed as follows:

Area A: RU to OS

Area B: EPA to EPA-X

[ITS1]

2) The text of the former Township of Goulbourn Zoning By-law 40-99 shall be amended to add a new special exception zone, EPA-X to Section 28 as follows:

EPA-X

Despite the General Provisions Section 3(20) regarding Setbacks from Water the lands zoned EPA-X can be used in accordance with the following provision:

Improved elements of the golf course including tee-off areas, fairways and greens can occur within 30 metres of the normal highwater mark in accordance with the approved site plan.

SITE PLAN DRAWING (NORTH SECTION OF GOLF COURSE) DOCUMENT 5

SUPPLEMENTAL SITE PLAN DRAWING (SOUTH SECTION

OF GOLF COURSE) DOCUMENT 6

CONSULTATION DETAILS DOCUMENT 7

NOTIFICATION AND CONSULTATION PROCESS

Notification and public consultation was undertaken in accordance with the Public Notification and Public Consultation Policy approved by City Council for Zoning By-law amendments.

PUBLIC COMMENTS

[U2]

No comments were received from adjacent landowners however, extensive comments were received from a member of the public with an interest in environmental issues.

Comments:

These comments stated that neither the Zoning By-law amendment nor the site plan should be approved because a full 30-metre setback should be provided. Comments also noted that the original submission showed the “water’s edge” on the plan not the “normal high water mark” and that this “edge” was determined in February of 2006. The golf course consultant’s conclusion that the course could not be redesigned was questioned. A request was made that the landscape proposal, be prepared by a qualified Landscape Architect. The City’s ability to ensure compliance with the Turf Management Study was questioned as was the merits of Membership in the Audubon Sanctuary System of Canada. The issue of golf course irrigation during the summer when water levels in the Jock River are very low was also raised.

Response:

Staff was also concerned that the “water’s edge” was being shown on the plan and not the “normal high water mark” and that the “edge” was determined in the winter. The plan has since been revised to indicate the normal high water mark and has been signed by an Ontario Land Surveyor. The golf course consultant concluded in his report that the north part of the golf course is 23.3 acres in size, which is slightly below industry standards and therefore leaves “no opportunity to expand or move the existing holes without impacting the length, safety buffer zones or design integrity of each respective hole”. Staff have accepted the report conclusions that the course cannot be redesigned. As noted earlier in this report, redesign would also result in the removal of existing vegetation. As existing vegetation is minimal on the course, staff did not wish to support a design which would result in removal of any vegetation. The final landscape proposal was not prepared by a landscape architect however it was prepared with the input of an environmental consultant. It is correct that neither the City nor the Conservation Authority can ensure complete compliance with a turf management plan, however, this is not unlike many circumstances where the City must rely on proponents “good will” in complying with agreed upon approaches to environmental protection. While there is an ongoing debate among environmentalists regarding the value of golf courses pursuing certification through the Audubon Sanctuary System of Canada, it can be agreed that it is moving in the right direction and serves to heighten awareness among the public and golf courses operators of the potential environmental impact of golf course design, management, and maintenance. Staff supports the golf course’s move towards membership in the Audubon Sanctuary System of Canada. Issues related to use of surface water for irrigation is handled through the “take water permit” process which is administered by the Ministry of the Environment.

Friends of the Jock River

Comments:

The Friends of the Jock River asked that the application be rejected as a 30-metre buffer has not been provided. They questioned the limited amount of vegetation being proposed within the portion of the lands that is subject to the application and note the lack of diversity of vegetation type being proposed. They questioned the City’s ability to ensure compliance with a turf management plan. They also note that other golf courses in the area went through appropriate planning approvals and have provided a 30 m vegetation buffer along the Jock River and the subject proposal should be held to the same standards.

They did conclude however, that they would support a compromise of a 10 to 15 metre buffer in the northerly lands if a landscape buffer is provided along the full length of the Jock River within the golf course lands.

Response:

There has been several iterations of the plan since the plan was originally circulated. The final plan sets out a range of native species that will be established in the setback and the vegetation is to be planted along the length of the Jock River in the southerly part of the golf course, as well as, the portion that is subject to the application. Compliance with the turf management plan has been responded to above. It is correct, the Richmond Centennial Golf Course has frontage on the Jock River and was designed with a 30-metre vegetated buffer along the river. It must be pointed out however that the circumstances were very different. The Richmond Centennial Golf Course land was identified as a Natural Environment Area in the former Township of Goulbourn Official Plan due to the extensive forest cover. The expectation for environmental sensitive design were higher in this circumstance. It is acknowledged that the Riverbend Golf Course expansion should have honoured a 30-metre setback however a direct comparison to the development of the Richmond Centennial Golf Course is not appropriate.

Staff are in agreement with a compromise that would result in vegetation being provided along a greater length of the Jock River.

COUNCILLOR’S COMMENTS

The Councillor is aware of the application.

COMMUNITY ORGANIZATION COMMENTS

Northwest Goulbourn Community Association

Supports the application to rezone.

ADVISORY COMMITTEE COMMENTS

Ottawa Forests and Greenspace Advisory Committee (OFGAC)

Comments:

OFGAC commented that the requirement for a 30 m buffer should be retained. They asked that it be required for the full length of the Jock River within the golf course lands. They would support the rezoning from RU to OS providing the tees and greens are relocated and the 30 metre buffer be rehabilitated with native species. They asked that the golf course turf management and maintenance follow the Audubon Sanctuary System of Canada. They also asked that the water’s edge line be updated as it is dated February 2006 and that a detailed landscape plan for the 30 metre setback be prepared.

Response:

These comments are the same as those noted above. Responses to these concerns are also provided above.

Environmental Advisory Committee (EAC)

Comments:

EAC initially supported the rezoning conditional on Riverbend Golf Course enrolling in the Audubon Sanctuary System of Canada program and reporting back on progress of implementation to Planning and Environment Committee. EAC later changed their position and endorsed OFGAC ‘s comments.

Response:

As noted previously in the report the applicant is seeking membership in the Audubon Sanctuary System of Canada.