1.
ZONING -
HAZELDEAN PUMP STATION HOLDING SYMBOL FOR FERNBANK COMMUNITY, STITTSVILLE
URBAN EXPANSION LANDS AND 1493 STITTSVILLE MAIN STREET, 15 HUNTMAR DRIVE AND
5717 HAZELDEAN ROAD ZONAGE - STATION DE POMPAGE HAZELDEAN - SYMBOLE
D'UTILISATION DIFFÉRÉE POUR LA COMMUNAUTÉ DE FERNBANK, LA ZONE D'EXPANSION
URBAINE DE STITTSVILLE ET LES 1493, RUE STITTSVILLE MAIN, 15, PROMENADE
HUNTMAR ET 5717, CHEMIN HAZELDEAN |
Committee recommendations
That Council approve:
1.
An amendment to Zoning
By-law 2008-250 to change the zoning of properties within the Fernbank
Community and the Stittsville urban expansion area, as well as, 1493
Stittsville Main Street, 5717 Hazeldean Road and 15 Huntmar Drive that lie
within the Hazeldean Pump Station sewershed such that a holding symbol (h) is
added to the existing zones, as shown in Document 1 and detailed in Document 2;
2.
Providing to the General
Manager Planning and Growth Management authorization to waive the planning
fees, identified in the Planning Fee By-law (2010-110), for ‘Lifting Holding
By-law’ applications related to the subject ‘h’; and
3. Providing to the General Manager, Infrastructure Services authorization to award a contract for the installation of the additional sewage pump and associated appurtenances for the upgrade to the Hazeldean Pump Station, on the basis of seeking quotations from two experienced firms.
Recommandations du comité
Que le Conseil approuve :
1.
une modification au Règlement de
zonage 2008-250 visant à modifier la désignation de zonage des propriétés
situées dans la communauté de Fernbank et la zone d’expansion urbaine de
Stittsville ainsi que la désignation de zonage des propriétés situées aux 1493,
rue Stittsville Main, 5717, chemin Hazeldean et 15, promenade Huntmar, qui
se trouvent dans la zone d’alimentation de la station de pompage Hazeldean, de
façon qu’un symbole d’utilisation différée (h) soit ajouté aux zones
existantes, comme l’illustre le document 1 et le précise le document 2;
2.
la délégation au directeur général
de l’Urbanisme et de la Gestion de la croissance du pouvoir de renoncer aux
droits de demande d’aménagement prévus au Règlement sur les droits de demande
d’aménagement (2010-110), pour ce qui concerne les demandes assujetties au
Règlement sur la levée d’une disposition d’utilisation différée (h).
3.
a délégation au directeur général de
l’Urbanisme et de la Gestion de la croissance du pouvoir d’accorder un marché
en vue de l’installation d’une pompe d’eaux d’égout supplémentaire et des
équipements connexes aux fins de la mise à niveau de la station de pompage
Hazeldean, en fonction des propositions de prix de deux entreprises
expérimentées.
Documentation
1.
Deputy
City Manager's report, Infrastructure
Services and Community Sustainability, dated 14 January 2011 (ACS2011-ICS-PGM-0009).
2.
Planning
Committee Extract of Draft Minutes of 25 January 2011.
Report to/Rapport au :
Planning Committee
Comité de l'urbanisme
and Council / et au Conseil
14 January 2011 / 14 janvier 2011
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 : Derrick Moodie, Manager/Gestionnaire, Development
Review-Rural Services/Examen des projets d'aménagement-Services ruraux,
Planning and Growth Management/Urbanisme et Gestion de la croissance
(613)
580-2424, 15134 Derrick.Moodie@ottawa.ca
REPORT RECOMMENDATIONS
That
the Planning Committee recommend Council approve:
1.
An amendment to Zoning
By-law 2008-250 to change the zoning of properties within the Fernbank
Community and the Stittsville urban expansion area, as well as, 1493 Stittsville
Main Street, 5717 Hazeldean Road and 15 Huntmar Drive that lie within the Hazeldean
Pump Station sewershed such that a holding symbol (h) is added to the existing
zones, as shown in Document 1 and detailed in Document 2;
2.
Providing to the General
Manager Planning and Growth Management authorization to waive the planning
fees, identified in the Planning Fee By-law (2010-110), for ‘Lifting Holding
By-law’ applications related to the subject ‘h’; and
3. Providing to the General Manager, Infrastructure Services authorization to award a contract for the installation of the additional sewage pump and associated appurtenances for the upgrade to the Hazeldean Pump Station, on the basis of seeking quotations from two experienced firms.
RECOMMANDATIONS DU RAPPORT
Que le Comité de l’urbanisme
recommande au Conseil d’approuver :
1.
Une modification au Règlement de
zonage 2008-250 visant à modifier la désignation de zonage des propriétés
situées dans la communauté de Fernbank et la zone d’expansion urbaine de
Stittsville ainsi que la désignation de zonage des propriétés situées aux 1493,
rue Stittsville Main, 5717, chemin Hazeldean et 15, promenade Huntmar, qui
se trouvent dans la zone d’alimentation de la station de pompage Hazeldean, de
façon qu’un symbole d’utilisation différée (h) soit ajouté aux zones
existantes, comme l’illustre le document 1 et le précise le document 2;
2.
La délégation au directeur général
de l’Urbanisme et de la Gestion de la croissance du pouvoir de renoncer aux
droits de demande d’aménagement prévus au Règlement sur les droits de demande
d’aménagement (2010-110), pour ce qui concerne les demandes assujetties au
Règlement sur la levée d’une disposition d’utilisation différée (h).
3.
La délégation au directeur général
de l’Urbanisme et de la Gestion de la croissance du pouvoir d’accorder un
marché en vue de l’installation d’une pompe d’eaux d’égout supplémentaire et
des équipements connexes aux fins de la mise à niveau de la station de pompage
Hazeldean, en fonction des propositions de prix de deux entreprises expérimentées.
On July 14, 2010 Council adopted By-law 2010-231 which implemented a series of holding symbols over vacant lands and developable lands in Kanata and Stittsville. The By-law specifically applied to lands falling within the Hazeldean Pump Station (HPS) sewershed and served to limit new development as a result of capacity concerns associated with the pump station. During the consideration of the by-law, a commitment was made to bring forward another amendment to include the Fernbank Community which is also intended to be served by the HPS.
The City-initiated application follows through on that commitment and applies to the urban lands between Kanata and Stittsville as well as the urban lands immediately south of Stittsville. Three additional properties that were included under By-law 2010-231 will also be affected through revisions to their respective holding provisions.
The zoning amendment will place a holding provision on the lands within the Fernbank Community Design Plan area, as designated thorough Official Plan Amendment 77 (OPA 77) and the urban boundary expansion lands south of Stittsville, as designated through Official Plan Amendment 76 (OPA 76). The intent of the holding provision is to respect the available sanitary sewer servicing capacity of the Hazeldean Pump Station and recognize the future upgrades underway to increase the capacity of that pump station. The holding provision will flag the development limitations and establish milestones needed to allow for lifting of the holding and enable development of the subject lands. Specifically, once the Schedule A+ Environmental Assessment (EA) works are complete and the Schedule B Environmental Assessment (EA) for the project to bring the capacity to approximately 1500 litres per second, the holding provision could be lifted for the subject lands provided that adequate capacity can be demonstrated. There is no intent to allow any capacity to be allocated to the OPA 77 lands and OPA 76 expansion lands until such time as the Schedule B EA is approved and the EA works are complete for 1225 litres per second at the pump station.
The zoning amendment will also amend the previously zoned holding provisions for three properties; 1493 Stittsville Main Street, 5717 Hazeldean Road and 15 Huntmar Drive to more accurately reflect the intended limitations for development given the sanitary sewer servicing constraints. The Hazeldean Road and Huntmar properties currently have site specific flow limits for the properties but the intent was to treat them as the other lands subject to By-law 2010-231, by removing the site-specific exception allowing servicing capacity. This amendment will correct that. In the case of 1493 Stittsville Main Street the objective is to reinstate the provisions for lifting the holding symbol, inadvertently omitted in a previous zoning amendment. In order to lift the holding symbol for these properties there must be demonstrated capacity at the Hazeldean Pump Station once the Schedule A+ EA is approved.
Official Plan
The Official Plan guides development to make efficient use of the existing infrastructure and to monitor the capacity of that infrastructure. It also permits expansion of the urban area and infrastructure where there is a demonstrated need. In this case, the existing capacity of the Hazeldean Pump Station is insufficient to service the existing zoned lands of the sewershed area as well as the growth areas of the Fernbank community and Stittsville expansion. As a result, the City implemented a holding symbol to restrict new or redevelopment within areas of Kanata and Stittsville until such time as the HPS has been upgraded to allow for that development to proceed. This by-law will extend that control on development to the lands intended for future development to allow some of the HPS upgrade works to be completed and the approvals in place prior to authorizing urban development.
Pursuant to Official Plan Amendment No. 77, the Fernbank Community lands are designated General Urban, Arterial Main Street (along part of the north-south arterial), Major Open Space and Urban Natural Features. The lands to the south of Stittsville were redesignated to Developing Community through Official Plan Amendment No. 76. The lands at 1493 Stittsville Main Street are designated Traditional Main Street and General Urban Area, the lands on Hazeldean Road are designated Arterial Main Street and the lands on Huntmar Drive are designated General Urban. All of those designations contemplate urban development.
The Official Plan identifies holding symbols as an implementation tool to limit premature development.
Infrastructure Master Plan
The subject lands are all within the public service area and therefore can only be permitted to develop on central municipal services, including water storm and sanitary sewers. The lands also all lie within the sewershed area of the Hazeldean Pump Station.
Existing Zoning and Details of Proposed Zoning
The table identifies the Areas shown in Document 1, the associated addresses, existing zones and the proposed changes to the zones.
Area |
Addresses (all and part) |
Existing Zone |
Proposed Change |
A |
1877, 1883 and 1921 Stittsville Main Street |
RR2 – Rural Residential Density 2 |
Add Holding symbol with provisions limiting the uses to those
existing and limiting the removal of the holding provision to when the 1225 l/s
upgrade works are complete, the Schedule B Environmental Assessment for the
sanitary flow at the Hazeldean Pump Station is approved by the Ministry of
the Environment at 1400 litres per second and there is demonstrated capacity. |
B |
5957, 5969, 6015, 6021, 6041 and 6070 Fernbank; 1835, 1845 and 1921 Stittsville Main
Street; 5993 and 6115 Flewellyn Road |
RU – Rural Countryside |
Same as above |
C |
5385, 5395, 5431, 5441, 5465, 5571, 5611, 5621, 5861 and 5897
Fernbank Road; 5618 Hazeldean Road |
DR – Development Reserve |
Same as above |
D |
5861 Fernbank Road |
O1[137r] – Parks and Open Space Subzone 1 rural exception 137 |
Same as above |
E |
570 and 590 Hazeldean Road |
AG – Agricultural |
Same as above |
F |
950 Terry Fox Drive |
AG3 – Agricultural Subzone 3 |
Same as above |
G |
Part of 141 Kincardine |
O1R – Parks and Open Space Subzone R |
Same as above |
H |
560 Hazeldean Road |
AG[263r] – Agricultural rural exception 263 |
Same as above |
I |
1493 Stittsville Main Street |
R4Z[1300] – h Residential Fourth Density Subzone Z exception 1300
holding |
To add Holding provisions limiting the uses to those existing and
limiting the removal of the holding provision to when there is demonstrated
capacity for the sanitary flow at the Hazeldean Pump Station. |
J |
5717 Hazeldean Road |
AM7[1444] – h Arterial Mixed Use Commercial Subzone 7 exception 1444
holding |
To replace the existing Holding provisions limiting the uses to those
existing and limiting the removal of the holding provision to when there is
demonstrated capacity for the sanitary flow at the Hazeldean Pump Station. |
K |
15 Huntmar Drive |
AM7[1445] - h Arterial Mixed Use Commercial Subzone 7 exception 1445
holding |
To replace the existing Holding provisions limiting the uses to those
existing and limiting the removal of the holding provision to when there is demonstrated
capacity for the sanitary flow at the Hazeldean Pump Station. |
The pump station sewershed area includes developed and developing lands within Stittsville, Kanata and Fernbank. Growth and development have consumed capacity at the pump station and it has been identified that capacity is currently required to address flooding issues in Kanata and Glen Cairn that resulted in the July 2009 storm event. Limiting growth and development until such time as the pump station upgrades are completed or well underway will help ensure the continued safe sanitary servicing is available to existing residences and businesses. In brief, the upgrades are as follows:
1) EA approved upgrade requiring Certificate of Approval to increase the approved pumping capacity 1077 l/s, as issued November 22, 2010;
2) Schedule A+ EA and Certificate of Approval and works to increase the capacity to 1225 l/s, as issued December 17, 2010. The Class Environmental Assessment process requires notice to the public that a Schedule A+ project is going to proceed. This report constitutes the required notice; and,
3) Schedule B EA and Certificate of Approval and works to increase the capacity to approximately 1500 l/s.
The recent issuance of the approval up to the Schedule A+ and the urgency with which the works should be completed has resulted in a request that will accelerate the tendering and construction process. In order to increase the pump station’s capacity from 1077 to 1225 l/s, an additional sewage pump must be installed in wet well #3 of the Hazeldean Pump Station. The City needs to retain a contractor to install the additional sewage pump and perform the associated electrical and mechanical works. The estimated cost of the works is $300,000.00 and that exceeds staff’s delegated authority to award contracts. In order to expedite the installation work and to ensure the works are completed before summer storm season, staff are seeking authorization to obtain quotations from two experienced firms and award the contract for the necessary works to the lower bid.
Capacity Assignment
When the Schedule A+ works are completed and the Schedule B EA works have been approved by the Ministry of the Environment, capacity can be assigned within the Fernbank CDP area and holding symbols can be removed on a case-by-case basis.
Planning Fees
The Manager, Development Review has delegated authority from Council to approve ‘Lifting of Holding By-law’ applications. Given the requirements for lifting of the holding are set out and the level of staff review is minimal, it is appropriate that the application fee be waived. Any applications for the lifting of the holding filed in advance of the completion of the EA works for the Schedule A+ and the approval of the Schedule B EA will be deemed to be premature and will not be processed.
There are currently two subdivisions applications that are affected by the implementation of the holding provision:
D07-16-09-0034 – 5611 Fernbank Road
D07-16-10-0008 – 5431-5465 Fernbank Road
A portion of the lands located at 5343 to 5377
Fernbank Road has been excluded from this Zoning By-law amendment because the
lands are the subject of a privately initiated rezoning application. This site specific amendment will be subject
to the same holding symbol as the balance of the Fernbank lands and will be
dealt with through a separate report.
The proposed holding symbols are appropriate to ensure that the sanitary infrastructure is available for development, and that the development be permitted to proceed in an orderly manner.
N/A
Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Property owners were mailed individual notices of the application and the notice of application of the zoning was published in The Ottawa Citizen and Le Droit.
Concern has been expressed by a local resident that the holding should also relate to flooding issues. This application has been brought forward to address the sanitary servicing capacity concerns and the issue of flooding will be addressed through compliance of each development in Fernbank to the stormwater management plan.
Concern has been expressed by applicants within the Fernbank CDP area that the holding provision is more appropriately implemented when site specific applications for zoning are brought forward. However, a commitment was made to Council that staff would bring forward an amendment to the zoning to implement a holding for the Fernbank lands.
Opposition to the proposed holding zoning has been expressed by the Conseil des Écoles Catholiques du Centre-Est as they are looking to construct a high school in 2013 and an elementary school in 2014. Based on the current timelines for the approvals and upgrades to the HPS, the timing for the school board should not be impacted.
No specific concerns were expressed. Clarification on the proposed zoning was requested.
As noted in the earlier report concerning the adoption of the holding zone in respect of lands serviced by the Hazeldean Pumping station, a holding zone is an appropriate planning tool to utilize where the planning decisions have been made as to the form of development to take place but infrastructure capacity is not yet present. The adoption of the holding zone in respect of the Fernbank Lands and Stittsville Urban Expansion Area is consistent with Council’s earlier decision to impose a holding zone through By-law 2010-231 and should withstand appeal to the Ontario Municipal Board.
The proposed development and planning applications align with the City Strategic Plan in that the limits of existing hard services are respected and that the infrastructure required for new growth is built and improved as needed to service the growth.
There are no financial implications. Funds are available within existing resources for the contract award to install the additional sewage pump and perform the associated electrical and mechanical works.
This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.
Document 1 Zoning Location Map
Document 2 Details of Recommended Zoning
City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, 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 and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.
Legal Services to forward the implementing by-law to City Council.
Upon completion of the Schedule B Environmental Assessment, Planning and
Growth Management staff will proceed with the Notice of Completion of the EA.
DETAILS OF RECOMMENDED ZONING DOCUMENT 2
1. Rezone the subject properties as shown as Areas A to H in Document 1, to add a holding symbol and exception [XXXX].
2. Amend Section 239 – Exceptions of By-law 2008-250 to create an exception, [XXXX], for Areas A through H inclusive as shown in Document 1, that includes in effect the following:
In Column IV
“- all permitted uses, except:
a. Those uses that existed on January 26, 2011, or
b. Any use or development that does not result in increased sanitary flow to the Hazeldean Pump Station,
are prohibited until the holding symbol is removed.”
In Column V
“The holding symbol will not be removed until such time as:
a. the works to bring the capacity of the Hazeldean Pump Station to 1225 l/s are complete;
b. that the Ministry of Environment has approved the Schedule B Environmental Assessment to bring the capacity of the Hazeldean Pump Station up to 1400 plus l/s; and,
c. it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that Hazeldean Pump Station has the necessary capacity for the proposed development.”
3. Amend Exception 1300 for Area I, 1493 Stittsville Main Street by adding the following wording:
In Column IV:
“ - all permitted uses, except for:
a. those that existed on July 14th, 2010, or
b. those uses or any development that does not result in increased sanitary sewer flows to the Hazeldean Pump Station,
are prohibited until the holding symbol is removed.”
In Column V:
“ The holding symbol will not be removed until such time as it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that Hazeldean Pump Station has the necessary capacity for the proposed development.”
4. Amend Exceptions 1444 and 1445 for Area K (15 Huntmar Drive) and Area J (5717 Hazeldean Road) respectively by deleting the following wording from column IV;
“results in increased sanitary sewer flows to the Hazeldean Pump Station of no more than 5.7 litres per second” and replacing it with “does not result in increase sanitary sewer flows to the Hazeldean Pump Station”.
5. Amend Exceptions 1444 and 1445 for Area K (15 Huntmar Drive) and Area J (5717 Hazeldean Road) respectively by deleting the following wording from column V;
‘above the 5.7 litres per second threshold’.
ZONING - HAZELDEAN PUMP STATION HOLDING SYMBOL FOR FERNBANK
COMMUNITY, STITTSVILLE URBAN EXPANSION LANDS AND 1493 STITTSVILLE MAIN STREET,
15 HUNTMAR DRIVE AND 5717 HAZELDEAN ROAD
ZONAGE - STATION DE POMPAGE HAZELDEAN - SYMBOLE D'UTILISATION DIFFÉRÉE POUR LA
COMMUNAUTÉ DE FERNBANK, LA ZONE D'EXPANSION URBAINE DE STITTSVILLE ET LES 1493,
RUE STITTSVILLE MAIN, 15, PROMENADE HUNTMAR ET 5717, CHEMIN HAZELDEAN
ACS2011-ICS-PGM-0009 STITTSVILLE (6)
(This
matter is Subject to Bill 51)
The following correspondence was received with respect to this matter,
and is held on file with the City Clerk:
·
E-mail dated 24 January 2011
from Kevin Yemm, Richcraft
·
Letter dated 24 January
2011 from Ursula Melinz on behalf of the Fernbank Landowners Group
·
Commends dated 24 January
2011 from Faith Blacquiere
·
Letter dated 24 January
2011 from Grace Bell
Cheryl McWilliams, Planner, provided an overview of the staff report
and recommendations by means of a PowerPoint presentation. A copy of the staff
PowerPoint presentation is held on file with the City Clerk.
In response to questions from Chair Hume, Derrick Moodie, Acting
Manager of Development Review – Suburban Services, confirmed that Ministry of
the Environment (MOE) had supported the expansion of the Hazeldean Pump Station
capacity to the 1225 litres per second level under the expedited Schedule A+
Environmental Assessment (EA) process, on the understanding that the City would
be implementing a holding zone on these areas.
In response to further questions from the Chair, Mr. Moodie explained
how the holding zone for the Fernbank lands differed from the holding zone for
the remainder of the Hazeldean Pump Station sewershed. The first difference is that in the remainder
of the sewershed, owners can apply to lift the holding zone on a case by case
basis once the 1225 l/s works are complete (likely in spring to early summer of
2011) provided they can demonstrate capacity within the system. For the Fernbank Lands, there is an
additional condition that the Schedule B EA be approved by the MOE prior to the
lifting of the holding zone.
The second difference is that, for the remainder of the sewershed,
staff will be coming back with a report to lift the holding zone off all those
properties once the Schedule B+ EA is approved.
In response to questions from Councillor Qadri, Mr. Moodie explained
that when the first Holding Zone report had come forward in the summer, there
was some discussion that the Fernbank Lands would be treated differently, and
the rationale was that OPA 77, which brought those lands into the urban area,
had not yet been in full force.
Mr. Moodie also explained that although 1491 Stittsville Main Street
and 1493 Stittsville Main Street were part of the same application, this report
only spoke to the latter because the holding provisions were inadvertently
deleted from that property, while they remained on the former. This report
would put the two properties under the same holding zone.
Councillor Qadri asked for information on how much the City would be
waiving in terms of fees going forward.
Mr. Moodie, while he did not have that figure before him, indicated that
staff could have that calculated and available when the matter was before
Council.
Councillor Qadri asked about the timing of the installation of the
additional sewage pump and associated appurtenances for the upgrade to the
Hazeldean Pump Station, as referenced in recommendation three of the report. Mr. Moodie noted that these works were not
subject to bump-up requests, and anticipated that they would be complete by
late spring or early summer.
In response to
further questions from the Councillor, Mr. Moodie explained that as a result of
the July 2009 significant rain event it was identified that there had been some
extraneous infiltration of the sewage system by storm water, resulting in
concerns around the pump stations in the area.
The schedule A+ expansion is to provide an additional buffer as a margin
of safety in such events. The Schedule B
EA process, which is contemplated to support ongoing development, is intended
to be complete by later in the spring and, subject to any bump-up requests,
development would be able to occur as soon as it is approved by the MOE.
In response to
questions from Councillor Hubley with respect to the allocation of capacity,
Mr. Moodie indicated that once the Schedule A+ works were in place, the City
would begin releasing capacity on the other holding zone lands within the
sewershed. For the Fernbank lands, the
report recommends waiting until the Schedule B EA is approved.
Dixon Weir, General
Manager of Environmental Services provided information in response to further
questions with respect to the nature and timing of the Schedule B works. He explained that the Schedule B EA is for
more comprehensive and longer-ranging works including a variety of different
activities both within the pumping station and within the other areas affected
by the July 2009 rain event. Some of these activities will begin early, and
some will take longer to implement. The Schedule B EA will come forward later
in the spring with a schedule of activities and timelines.
In response to
further questions from Councillor Hubley with respect to capacity allocation,
Mr. Moodie explained that staff would manage the capacity as it is allocated to
ensure there is no banking of capacity by any one developer. He also confirmed
that process a buffer in capacity is being built to protect homeowners that
have been or could be affected by flooding.
In response to
further questions from the Councilor with respect to the pumping station
upgrades, Mr. Weir explained that those upgrades would occur in three phases:
the first phase is the operational pieces that have already been done; the
second phase is the Schedule A+ works, and the longer-term phase encompasses
the Schedule B activities. Mr. Moodie
confirmed that the emergency overflow capacity would be part of the Schedule B
works.
Committee then
heard from the following public delegations:
Ursula Melinz,
Soloway Wright and John Riddell, Novatech spoke on behalf of the Fernbank
Landowners’ group, in opposition to the proposed holding zone. She also submitted a letter, a copy of which
is held on file with the City Clerk.
She provided a
timeline of events surrounding the Hazeldean Pumping Station, pointing out that
the historical absorption rate of the pumping station had been 44 litres per
second, and 20 dwelling units typically require one litre per second of
capacity. She indicated her clients’
opposition to the holding zone for the following reasons:
·
Absorption rates indicate that there is likely
enough capacity based on the applications forward, making the holding zone
redundant. She noted that case law has
said that when a holding zone is lifted, there should be appropriate zoning in
place that the land can be development.
·
It is inappropriate to pout the holding zone on the
Fernbank lands because they are not yet zoned for development. As they are in a
development reserve zone, any developer would have to submit an application for
rezoning in order to proceed with any development, at which time the City could
determine the appropriate allocation for that land.
·
The vagueness of the holding zone is objectionable
as it is not clear what criteria will be used by staff in assessing whether to
lift the holding zone.
She indicated that
the landowners were please with the waiver of the fees for lifting the holding
zone, in the event that it is indeed imposed on the lands.
Mr. Riddell
provided some additional points in opposition to the proposed holding
zone. First, he wished to put the
capacity of the pump station into perspective. He stated that the pending 1225
l/s upgrade would create 300 l/s of residual capacity, enough for 6000 housing
units and over a six year supply given the historical rate of absorption. He suggested that with six years of supply,
there was no reason any development lands should be artificially constrained by
a holding zone. He assured Committee
that the Fernbank lands could develop without any additional flooding risk for
the Glen Cairn area.
He also objected to
the Fernbank lands being treated differently from other lands in the area,
suggesting that there is no justification for this. Specifically, with respect
to the fact that the other lands would have the hold lifted upon approval of
the Schedule B EA, while the hold on the Fernbank lands would be listed on a
case by case basis if capacity is demonstrated.
The Chair pointed
out that the imposition of a holding zone was part of the agreement the City
had made with the MOE in order to increase capacity of the Hazeldean Pump
station and move to a Schedule A+ process for the 1225 l/s works, suggesting
this put Committee in a dilemma with respect to the delegation’s requests. Ms. Melinz reiterated that if the holding
zone was imposed, then the conditions for lifting it should be the same as for
other previously-approved holding zone.
In response to
questions from Councillor Qadri, Mr. Riddell explained that his estimation that
there was a six year supply of capacity was based on historical absorption,
which is about 40-45 l/s per year, enough for 900 housing units. Using 50 l/s per year, there would be enough
for a six year supply, or 600 housing units.
Councillor Qadri asked staff for their assessment on the accuracy of
that figure, and whether it took into consideration a buffer. Mr. Moodie suggested that the six year supply
would be using the entire 1225 l/s capacity that would be there in the
spring. He noted that the MOE approval
of the A+ EA was conditional on that additional capacity being used as a buffer
instead of for new development.
Therefore, staff is not comfortable with using the entire 1225 l/s
capacity for development. He suggested that this was a cautious approach and
was the direction Council had given. He
suggested that staff was comfortable allocating up to the 1077 l/s capacity for
development, which he suggested was closer to a two-year supply.
In response to
questions from Councillor Hubley, Ms. McWilliams explained that no development
could proceed while the holding zone was still on. While the City could certainly entertain
applications for Site Plan, Subdivision, Re-zoning and allow the planning
process to move forward to a certain extent, no building permits would be
issued until such time as the holding zone is lifted.
Councillor Hubley
wondered if there was a proposal to front-end the Schedule B works in order to
expedite them. John Moser, General
Manager of Planning and Growth Management indicated that, although that had
been discussed, the City was not actively pursuing a front-ending agreement at
this time.
Peter Vice, Vice
Hunter Labrosse, spoke in opposition to the proposed holding zone, on behalf of 2129786
Ontario Ltd, a partnership of Monarch Corporation and Cardel Homes. He expressed agreement with the statements
made by the previous delegation. He suggested the holding zone was overkill,
given the lands were Development Reserve and therefore could not be developed
unless they were rezoned. He suggested that the better time to put a holding
zone on would be as individual properties came forward to be rezoned for
development. However, if the City decided to impose the holding zone now, he
argued that it should be under the same conditions as the other lands within
the sewershed.
Councillor Harder
suggested that staff would not be recommending a holding zone if it did not
serve a purpose, and that its purpose was to have smart control. Further, she suggested that those developers
who had been waiting the longest should get allocated capacity first. In response, Mr. Vice maintained that the
holding zone provided nothing more because the lands were not presently zoned
for development. He suggested the City
would be maintaining its commitment to the MOE because you cannot do anything
on the land even without the holding zone.
Councillor Qadri
wondered why the delegation was objecting to the holding zone if, as he
suggested, it made no difference. Mr.
Vice objected to it because it is one more obstacle for one to overcome, and an
extra unnecessary level of control. He maintained that any holding zone should
only be imposed when an application for rezoning is received
Councillor Harder
asked staff to comment on the amount of time it had taken for staff to come
back with their next report on the flooding issue, and expressed concern with
the apparent lack of urgency. Councillor
Hume noted that this was a matter now within the mandate of the Environment
Committee, but allowed Councillor Hubley to respond to the question. Councillor Hubley stated that the report was
almost ready, the EA was going through the process, and at that point they would
come forward with the next piece of the plan. He acknowledged that progress had
been slow, but there was a commitment to the residents to follow the process
through to ensure such flooding never happens again.
Chair Hume asked
for clarification as to why the Fernbank lands were being treated differently
than the other lands with respect to the provisions for lifting the holding
zone. Tim Marc, Senior Legal Counsel,
noted that, at the Ontario Municipal Board (OMB) hearing for OPA77, the solicitors
for the developers had stated that there would be no development on the
Fernbank lands until the Schedule B EA was approved. He suggested this was one factor to explain
why the lifting provisions do not allow the Fernbank lands to get capacity until
that EA is approved.
Mr. Moodie noted
that the other difference was with respect to the blanket lifting of the
holding zone. While staff will be bringing forward a report to lift the holding
zone on all the other properties upon approval of the Schedule B EA, for the
Fernbank properties there would be a requirement to demonstrate capacity.
In response to
further questions from Councillor Hubley, Mr. Moodie explained that once the
1225 l/s works were in place, staff would be in a position to start releasing
capacity to the other areas on a case-by-case basis. For Fernbank, they will require the approval
of the Schedule B EA before beginning that process. He suggested, in addition
to the reason stated by Mr. Marc, that in the interests of fairness those who
had been waiting longer would get to go first.
He further indicated that they expected completion of the Schedule B EA
in the spring, but could not specify the timing of approval by the MOE due to
the possibility of bump-up requests.
Committee then
approved the report recommendations, as presented.
That the Planning Committee
recommend Council approve:
1.
An amendment to Zoning By-law 2008-250 to change the zoning of
properties within the Fernbank Community and the Stittsville urban expansion
area, as well as, 1493 Stittsville Main Street, 5717 Hazeldean Road and 15
Huntmar Drive that lie within the Hazeldean Pump Station sewershed such that a
holding symbol (h) is added to the existing zones, as shown in Document 1 and
detailed in Document 2;
2.
Providing to the General Manager Planning and Growth Management
authorization to waive the planning fees, identified in the Planning Fee By-law
(2010-110), for ‘Lifting Holding By-law’ applications related to the subject
‘h’; and
3.
Providing to the General Manager, Infrastructure Services authorization
to award a contract for the installation of the additional sewage pump and
associated appurtenances for the upgrade to the Hazeldean Pump Station, on the
basis of seeking quotations from two experienced firms.
CARRIED