|
1. GREELY VILLAGE CENTRE
PROPOSED SETTLEMENT REGLEMENT
PROPOSE POUR LE CŒUR DU VILLAGE DE GREELY |
Committee
Recommendations as amended
That Council approve and:
1. Support
the proposed zoning outlined in Document 1;
2.
Support that the easement for
the McEvoy Drain be 6 m in width from the top of bank along the western and
southern property line;
3. Rezone the former Block 36 (now Block 42) to O1;
4. Delete the condition for the lifting of the holding zone with respect to the McEvoy Drain, such to be addressed through subdivision approval;
5. Delegate the responsibility for resolving the conditions of draft subdivision approval to the General Manager, Planning and Growth Management in consultation with the Ward Councillor; and
6. Regulate the height limit in all the VM3 and VM3 exception zones in Greely Village Centre to 10.7 metres.
RecommandationS modifiÉeS du Comité
Que le Conseil approuve et:
1.
appuye
le changement de zonage proposé dans le document 1;
2.
appuye
la décision d’établir la largeur de la servitude du drain municipal McEvoy à 6
m à partir du sommet du talus, tout le long de la limite de propriété à l’ouest
et au sud ;
3.
modifie
le zonage de l’ancien bloc 36 (maintenant bloc 42) à O1;
4.
supprime
la condition de l’ouverture de la Zone d’aménagement différé lié au drain
municipal McEvoy, question qui sera abordée dans le cadre de l’approbation
de la demande de lotissement;
5.
délègue
la responsabilité de résoudre les conditions d’approbation provisoire de la
demande de lotissement au directeur général, Urbanisme et Gestion de la
croissance, en consultation avec le conseiller ou la conseillère du quartier;
6.
règle
la limite de hauteur dans toutes les zones VM3 et VM3 avec exception au cœur du
village de Greely à 10,7 mètres.
Documentation
1.
Deputy
City Manager's report Infrastructure Services and Community Sustainability
dated 12 February 2009 (ACS2009-ICS-PLA-0048).
2. Extract
of Draft Minute, 26 February 2009.
Report to/Rapport au :
Agriculture
and Rural Affairs Committee
Comité de l'agriculture et des questions rurales
and Council / et au Conseil
12 February 2009 / le 12 février
2009
Submitted
by/Soumis par : Nancy Schepers, Deputy City Manager/
Directrice municipale adjointe,
Infrastructure Services and Community
Sustainability/
Services d’infrastructure et
Viabilité des collectivités
Contact Person/Personne-ressource : Tim Marc, Senior Legal Counsel
City Clerk and Legal
Services Branch, Legislative Services
(613) 580-2424 x
21444 Tim.Marc@ottawa.ca
SUBJECT:
|
|
|
|
|
OBJET :
|
REPORT
RECOMMENDATION
That Agriculture and Rural Affairs Committee recommend Council:
1.
Support the proposed zoning
outlined in Document 1;
2.
Support that the easement for
the McEvoy Drain be 6 m in width from the top of bank along the western and
southern property line;
3. Support the proposed modifications to the subdivision approval set forth in Document 2.
RECOMMANDATION DU RAPPORT
Que le Comité de l’agriculture et des
affaires rurales recommande au Conseil:
1.
D’appuyer
le changement de zonage proposé dans le document 1;
2.
D’appuyer
la décision d’établir la largeur de la servitude du drain municipal McEvoy à 6
m à partir du sommet du talus, tout le long de la limite de propriété à l’ouest
et au sud ;
3.
Soutienne les modifications proposées
à l’approbation de la subdivision indiquées dans le document 2
BACKGROUND
Appeal 60 to the Official Plan of the City of Ottawa was a request by the owner of Greely Village Centre to add lands to the east of Bank Street and to the south of Parkway Road to the village of Greely. Joined with this appeal was an appeal of the refusal of the City of Ottawa to enact a zoning by-law and a refusal of the City to approve a plan of subdivision.
This matter went before the Ontario Municipal Board in January 2007. In a brief decision released in May 2007, the Board held that the development had planning merit and placed it in the hands of the parties to determine how they would next proceed.
Ultimately a partial resolution was reached which was endorsed by Council on 27 February 2008. This partial resolution permitted the applicant to proceed with a first phase of 40 residential lots. Two remaining issues would be resubmitted to the Board, whether a further 20 or 31 residential lots would be permitted and whether the McEvoy Drain would be 15 metres or six metres in width.
These matters were the subject of written submissions in May 2008 and were then reargued with further oral evidence in July 2008. In a decision dated 29 August 2008, the City was successful in both matters, the development being limited to an additional 20 lots and the width of the easement for the Drain being established at 15 metres.
The applicant sought to have the decision reviewed pursuant to the Ontario Municipal Board Act, section 43. The request was granted and therefore the question of the number of residential lots and the width of the drainage easement is back before the Board.
DISCUSSION
Drainage
Easement
The realigned McEvoy Drain will run southerly along the western property line and then easterly along the southern property line. The evidence before the Board, and reflected in the 29 August 2008 decision, was that while the City preferred the 15-metre width for the easement, it could get by with six metres from top of bank. It is therefore recommended that the City accede to this width.
Number of Lots
The development is adjacent to a parcel zoned for commercial purposes also owned by the applicant and which was already on lands designated within the village in the 2003 Official Plan as adopted by Council. The development itself already contains 12 blocks for commercial purposes. The applicant purposes to set aside land presently identified for residential purposes and instead also have them zoned as commercial.
This would of course leave the development with 60 residential lots the wastewater from which can be accommodated using standard septic systems based upon the evidence that was adduced by the City at the hearings.
Wastewater Treatment
The additional 11 lots would receive similar zoning to the VM3[317r]h zoning in place for the commercial lands now within the village pursuant to the Board’s decision. Prior to the lifting of the holding zoning, the owner would be required to meet, for both the existing approved commercial lands and the additional lands now to be zoned commercial, the requirement that it be demonstrated that the wastewater treatment for the commercial uses meets the reasonable use guidelines of the Ministry of the Environment.
It is anticipated that some form of treatment system will be required for the lots that already are zoned VM3[317r]h as well as the other commercial lands owned by the applicant. In order comply with Ministry of the Environment guidelines, this level of treatment would have to be to a higher level than that which is required from standard septic systems serving residential properties. It is only after such a system or systems have been designed and approved, that the holding zone would be lifted and commercial development on the lands zoned VM3[317]r could take place.
In a case where single detached residential development could only take place with the use of an enhanced wastewater treatment system privately-owned by each homeowner, there would be a concern with respect to the level of maintenance and repair for the systems and the possible impact on adjoining homeowners if one system were permitted to deteriorate. However, with respect to commercial development on land already within a village, it can be expected that as part of the normal retention of services to support the business, the business owners, either individually or in common, will retain the necessary professional assistance to ensure that whichever wastewater treatment systems are approved by the Ministry of the Environment are maintained to a satisfactory level. The draft zoning provisions and modifications have been written to ensure this occurs.
Land Use
The evidence offered by the City at the first hearing was to the effect that there was no need for additional residential lots within Greely. Thus the conversion of lots from purely residential to a mix of residential and commercial uses is consistent with the evidence put forth by the City to the Ontario Municipal Board. Staff recommend that certain of the uses permitted by the VM3 zoning (e.g. automotive, theatre, hotel, etc) be removed from the list applicable to the lands now to be zoned commercial as they would not be compatible with the neighbouring residential uses.
The owner has requested that the applicable height limit be 10.7 metres as opposed to the eight metres in place generally for lands zoned VM. The height limitation applicable to the commercial lands in the former Osgoode zoning by-law was 10.7 metres. Given that this would be a new developing area of the village, separated by existing development by an arterial and a collector road, staff have no objection to the reinstating the prior height limitation of 10.7 metres.
In addition, it has been the experience of Planning Staff that commercial developers generally prefer larger parcels than residential developers. As a result, staff are recommending the consolidation of certain blocks in the original draft plan, portions of which were prepared on the basis of being utilized for residential development. Should smaller parcels be appropriate, applications to lift part lot control can be made.
ENVIRONMENTAL IMPLICATIONS
As discussed above, the advice provided to the City by its consultant and the evidence offered by the City to the Board is that the lands originally appealed to the Board can support 60 residential lots. With a holding zone in place over the lands that are subject to this report until the design and approval of a septic system that can services the affected commercial lands, there should be no adverse environmental impacts.
CONSULTATION
Public notification of the development applications occurred prior to their coming to Committee in October 2006. The initial pre-hearing and hearing process provided an opportunity for any individual who wished to do so to provide evidence to the Board.
To preserve its rights, the applicant appealed the zoning of the subject lands in By-law 2008-250. There was thus another opportunity for interested individuals who meet the tests under the Planning Act to seek party status on the applicant’s appeal at the October pre-hearing held on the Comprehensive Zoning By-law appeals.
LEGAL/RISK MANAGEMENT IMPLICATIONS:
Were this report not approved, the applicant would be entitled to either to continue to seek the proposed commercial development or to revert and seek residential development for the subject lands.
FINANCIAL IMPLICATIONS
Should the above recommendation be carried, it is not anticipated that there will be any additional financial implications for Council.
Should the recommendations not be carried, then it would be necessary to retain outside witnesses to defend the position that would be adopted by Council. The cost of doing so is estimated to be in the range of $25,000 to $50,000.
SUPPORTING DOCUMENTATION
Document 1 Draft Zoning By-law
Document 2 Modifications to Subdivision Approval
DISPOSITION
Legal Services will present Council’s decision to the Ontario Municipal Board.
DRAFT ZONING BY-LAW DOCUMENT 1
BY-LAW NO.
2009 - XX
A
by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning
for part of the property known municipally as 7268 Parkway Road.
The Council
of the City of Ottawa, pursuant to Section 34 of the Planning
Act, R.S.O.1990, enacts as follows:
1.
The Zoning Map of By-law No. 2008-250,
entitled the “City of Ottawa Zoning By-law” is amended by rezoning the lands
shown on Attachment 1 to this by‑law as follows:
(a) Area
A is rezoned from O1 to VM3[324r]-h,
(b) Area
B is rezoned from V1I[316r] to VM3[324r]-h,
(c) Area
C is rezoned from RU to VM3[324r]-h.
2. Section
240 – Rural Exceptions of the said By-law No. 2008-250 is amended by:
adding the following exception:
|
I Exception Number |
II Applicable
Zone |
Exception
Provisions |
||
|
III Additional Land Uses Permitted |
IV Land Uses Prohibited |
V Provisions |
||
|
324r |
VM3[324r]-h |
|
- bed and breakfast - detached dwelling - duplex dwelling - linked-detached dwelling - semi-detached dwelling - amusement centre - automobile rental establishment - automobile service station - bar - gas bar - hotel - theatre - sports arenas |
- the maximum building height is 10.7 metres - a
6.0 metre wide maintenance easement, measured from top of bank, for the
McEvoy Municipal Drain is required -
On land zoned VM3[324r] the following
requirements must be met before the removal of a holding “h” symbol: - It having been
demonstrated that a nitrate assessment has been carried out which
demonstrates that nitrate impact from development on the lands for which the
application to lift the holding zone has been made, using the reasonable use
guidelines provided by Procedure B-7 (subject to the proviso that the
guidelines shall also apply for wastewater treatment volumes of less than
10,000 litres per day), is no greater than 2.5 mg/l or the limit established
by the local office of the Ministry of the Environment, whichever is greater
and that the appropriate permit or Certificate of Approval has been obtained
for the proposed development; and - it having been demonstrated that there will
be one legal entity responsible for the wastewater treatment system. |
3. Section 240 – Rural
Exceptions of the said By-law
No. 2008-250 is
further amended replacing exception 317r with the following:
|
I Exception Number |
II Applicable
Zone |
Exception
Provisions |
||
|
III Additional Land Uses Permitted |
IV Land Uses Prohibited |
V Provisions |
||
|
317r |
VM3[317r]-h |
|
- apartment dwelling, low rise - bed and breakfast - converted dwelling - detached dwelling - duplex dwelling - home-based business - home-based day care - linked-detached dwelling - multiple attached dwelling - residential care facility - retirement home - retirement home, converted - rooming house - rooming house, converted - rooming unit - secondary dwelling unit - semi-detached dwelling - stacked dwelling - three-unit dwelling |
-
the maximum building height is 10.7 metres -
maximum of 2 dwelling units per commercial use located in the upper
storeys above any commercial use -
On land zoned VM3[317r] the following
requirements must be met before the removal of a holding “h” symbol: - It having been
demonstrated that a nitrate assessment has been carried out which
demonstrates that nitrate impact from development on the lands for which the
application to lift the holding zone has been made, using the reasonable use
guidelines provided by Procedure B-7 (subject to the proviso that the
guidelines shall also apply for wastewater treatment volumes of less than
10,000 litres per day), is no greater than 2.5 mg/l or the limit established
by the local office of the Ministry of the Environment, whichever is greater
and that the appropriate permit or Certificate of Approval has been obtained
for the proposed development; and - it having been demonstrated that there will
be one legal entity responsible for the wastewater treatment system. |
ENACTED AND PASSED this ** day of **, 2009.
CITY CLERK MAYOR
MODIFICATIONS TO SUBDIVISION APPROVAL DOCUMENT
2
1. Consolidate:
a. Blocks 5, 6, 12, 11, 10;
b. Blocks 8 and 9;
c. Blocks 16, 17, 18 and 19 including the parcels in between Blocks 17 and 18 and Blocks 18 and 19 and Block 45
2. That in any instance where lands have been zoned VM3 exception, if the wastewater treatment system is not subject to a certificate of approval issued by the Ministry of the Environment, the effluent from such treatment system shall not exceed 2.5 mg/l of nitrates at the parcel line and annual monitoring reports shall be submitted to the City of Ottawa.
3. For each wastewater treatment system on lands that have been zoned VM3 exception, there shall be one legal entity who is responsible for the maintenance, repair and replacement of such system. Subsequent to the lifting of the holding zone, an inhibiting order may be placed on title to permit construction to take place but permit the creation or registration on title of such entity prior to the lifting of the order.