Report to/Rapport au :

 

Planning and Environment Committee

Comité de l'urbanisme et de l'environnement

 

and Council / et au Conseil

 

May 27, 2006/ le  27 mai 2006

 

Submitted by/Soumis par : John Moser, Acting Deputy City Manager/

Directeur municipal adjoint par intérim

Planning and Growth Management / Urbanisme et Gestion de la croissance 

 

Contact Person/Personne ressource : Karen Currie, Manager / Gestionnaire

Development Approvals/ Approbation des demandes d'aménagement

(613) 580-2424 x 28310, Karen.Currie@ottawa.ca

 

Gloucester-Southgate (10)

Ref N°: ACS2006-PGM-APR-0123

 

 

SUBJECT:

Subdivision - PART OF 4784 and 4798 BANK STREET, 4738 and 4742 BANK STREET AND OTHER LANDS IN LOTS 17, 18, 19 and 20, CONCESSION 4, RIDEAU FRONT (File No. D07-16-03-0018)

 

 

OBJET :

LOTISSEMENT - UNE PARTIE DU 4784 ET DU 4798 DE LA RUE BANK, DU 4738 ET DU 4742 DE LA RUE BANK ET D'AUTRES TERRAINS DES LOTS 17, 18, 19 ET 20, CONCESSION 4, FAÇADE RIVIÈRE RIDEAU

 

 

REPORT RECOMMENDATION

 

That the Planning and Environment Committee authorize the Director of Planning and Infrastructure Approvals to grant Draft Subdivision Approval for the Subdivision Application for Part of 4784 and 4798 Bank Street, 4738 and 4742 Bank Street and other lands in Lots 17, 18, 19 and 20, Concession 4, Rideau Front as shown on Document 2 and to the Draft Conditions outlined in Document 3.

 

RECOMMANDATION DU RAPPORT

 

Que le Comité de l'urbanisme et de l'environnement autorise le directeur, Approbation des demandes d'aménagement et d'infrastructure, à avaliser la demande d'approbation provisoire de lotissement pour une partie du 4784 et du 4798 de la rue Bank, du 4738 et du 4742 de la rue Bank ainsi que d'autres terrains des lots 17, 18, 19 et 20, concession 4, façade rivière Rideau, comme l'indique le Document 2, et les conditions provisoires énoncées au Document 3.

 

BACKGROUND

 

The subject lands are comprised of four parcels totaling 116.84 ha in the Leitrim Community generally located north of the Blais Road extension, east of Albion Road, south of the Hope Cemetery and west of Bank Street.  The lands subject to this application are also referred to as the Stage 2 lands.

 

The applicant owns an additional 48.16 hectares to the south and west of a portion of the subject  lands.  This parcel consists of the Leitrim Wetlands which are to be conveyed to the South Nation Conservation Authority in the future. 

 

Document 1 illustrates the subject site and breaks it into Parcels 1, 2, 3 and 4 for easier references throughout this report.

 

The City Council Approved Official Plan places the subject lands in a 'General Urban Area' designation.  Parcels 1, 2 and 3 are also impacted with a Developing Community overlay. This overlay designation requires that a Community Design Plan be completed prior to any development being approved.  The Leitrim Community Design Plan was approved by City Council on July 13, 2005.  All parcels are within the Airport Vicinity Development Zone which identifies land that is impacted by airport noise.  The proposed development must also comply with the provisions of the Ottawa International Airport Zoning regulations.

 

The former Regional Official Plan designates Parcels 1, 2, 4 and a small portion of Parcel 3 as 'General Urban Area' and the majority of  Parcel 3 as 'Business Park'. 

 

The former City of Gloucester Official Plan designates the lands as Residential for Parcels 1, 2 and 4.  The majority of Parcel 3 is designated Industrial for the lands within Lot 17 and the remaining lands in Lot 18 are designated Community Commercial.  Some of the lands within Parcel 1 have a Unstable Lands environmental constraint overlay.  The environmental constraint overlay, 'Unstable Land' will remain in place to give notice to potential purchasers regarding restrictions on development. 

 

The present zoning for Parcels 1 and 2 is "Fg",  Future Growth and "Os", Open Space.  The land to the north know as Parcel 3 is zoned "HMp( R )", Holding, Industrial Park with a water restriction, "Re1", Residential Estate 1 and "Fg", Future Growth.  Parcel 4 was zoned "Cc1", Commercial Community 1 earlier in 2006.

 

There is a candidate Urban Natural Areas Environmental Evaluation Study (UNAEES) site #108 located along the south side of Findlay Creek abutting Bank Street in Parcel 2.  The Applicant has submitted a Environmental Evaluation Study which has rated this site as being low and while it is recommended that the site not be considered for full protection, perservation of the riparian vegetation along Findlay Creek is to be given special attention.  Further to this, there was portion of  UNA Site #106 that was identified as originally being in Parcel 1.  This portion was  removed and not included in the Leitrim Community Design Plan as these lands have development status.

 

The Ward Councillor removed Delegated Authority approval for this subdivision application on January 10, 2006 and consequently, the application has proceeded to Planning and Environment Committee.

 

DISCUSSION

 

The original subdivision application for these lands, which will complete the development of the applicant owned lands in Leitrim, was submitted in 1994.  The second submission for these lands was circulated in July 2003. The draft approval for Leitrim - Stage 2 was deferred until the Leitrim Community Design Plan was approved and until the build out of the Stage 1 area was nearing completion.

 

The applicant is now seeking draft approval of these lands. The subdivision consists of approximately 1936 dwelling units consisting of single family homes, semi-detached units, townhouses and apartments.  Also proposed are two neighbourhood parks and a large centralized park.

 

The subject lands have gone through an extensive design exercise as part of the Leitrim Community Design Plan process.  The draft subdivision plan was revised to closely align with and fulfill the intent of the Leitrim Community Design Plan which was approved on July 13, 2005.

 

A full range of housing choices, commercial and recreational uses are offered within this fully seviced phased community.  The applicant is proposing to construct 1351 low density units (singles and doubles), 321 medium density units (townhouses) and 264 apartments.  A neighourhood commercial use, two neighbourhood parks, one community park, an overland flow drainage corridor together with a 30 metre Buffer Area abutting the Leitrim Wetland and a 15 metre buffer strip along Findlay Creek are also shown on the Draft Plan.  

 

Due to the phased development of this large subdivision, zoning will be brought forward once the detailed land use has been determined.

 

The servicing of this subdivision is a continuation of the existing services within the Findlay Creek Village - Stage 1 area.  There has also be continuous dialogue with the adjacent land owner to the south to coordinate the servicing between this Leitrim Stage 2 area and the additional urban lands to the south.

 

As a result of review of the draft subdivision plan, some adjustments must be made to the plan and staff is recommending several special subdivision conditions to require the final subdivision plans to be to the satisfaction of the Director of Planning and Infrastructure Approvals. 

 

It is recognized that the Leitrim Wetland is not within this draft approval area but site specific subdivision conditions have been structured to protect the Leitrim Wetland from uncontrolled human encroachment and disturbance.

 

In recognition of the fact that this subdivision application was filed in 1994 and acknowledging that there now exists a substantial number of homes in Findlay Creek Village, a public information meeting was held on February 23, 2006.  The major issue at this meeting was the extension of Meadowlilly Road north to Stalwart Drive as shown in Parcel 3.  The residents' concerns were centred around the introduction of a roadway connection and the additional traffic that may be generated  along Meadowlilly Road and Devonwood Circle. Several residents felt that the extension of Meadowlilly Road north to Stalwart Drive would encourage cut through traffic onto their streets.  Due to the fact that the Meadowlilly Road extension is not scheduled to be developed for approximately five years, the developer agreed to conduct a traffic analysis, at that time, as set out in Condition 29.  It was also suggested by the residents that if a roadway link was determined not to be required that a walkway link should be provided. 

 

Further to this issue, residents expressed concerns over traffic issues on existing local streets. There was a request tabled to close Tundra Swan Way and Bucknell Drive to limit cut through traffic.  Although these traffic concerns were outside the Leitrim - Stage 2 Draft Plan Area, the residents were confident that Condition 29 would examine this matter fully in the future.  This negotiated approach to resolve the traffic concerns was well received by those in attendance at the meeting. 

 

Other matters that were tabled by the residents and briefly discussed at the public information meeting included: the need for a community centre for Findlay Creek Village as the Fred Barrett Complex is too removed from the community and the timing of park development to properly service the growing community.  The Ward Councillor committed to discussing the need for a community centre with the developer and the City's Park and Recreation Department has been made aware of these issues. 

 

The residents in attendance at the meeting also requested notification of any further meetings and/or changes to the proposed plan.

 

Staff is satisfied that this Draft Subdivision Plan does meet the intent of the City Council Approved Official Plan by providing a compact, land use mix that offers a full range of housing choices, and commercial component with recreational options, all of which emphasize walking, cycling and transit opportunities within Leitrim.

 

 

CONSULTATION

 

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy as the policy relates to subdivision application filed prior to 1996.  The Ward Councillor is aware of this application and the staff recommendations.  A Public Information Meeting for this subdivision was held on February 23, 2006.  There were 31 people in attendance and concerns were expressed relating to increase of traffic on existing streets and environmental issues.  A special subdivision draft condition to deal with the major traffic issues was tabled at the meeting. All parties agreed to the intent of the draft condition which allows the opportunity to revisit the issue at the time further development triggers traffic issues. 

 

The City has received comments and opposition to this application due to the environmental sensivity of the area.  The approved Leitrim Community Design Plan has addressed these concerns and objections as part of the public process.  Document 4 summarizes the public comments received.

 

 

FINANCIAL IMPLICATIONS

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

This application was not processed by the 'On-Time Decision Date" established for the processing of subdivision applications as this is a 1994 application and was subject to the applicant's own agenda and willingness to wait for the Leitrim Community Design Plan to be approved.

 

 

SUPPORTING DOCUMENTATION

 

Document 1      Location Map

Document 2      "Draft Plan of Subdivision of Part of Lots 18, 19 and 20, Concession 4 (Rideau Front), Geographic Township of Gloucester, Now in the City of Ottawa (formerly in the City of Gloucester)" prepared by Stantec Geomatics Ltd on behalf of 1374537 Ontario Ltd./Findlay Creek Properties Ltd. being Submission 5 and received by the City on May 23, 2006.

Document 3      Conditions of Draft Subdivision Approval

Document 4      Consultation

 

 

DISPOSITION

 

Planning and Growth Management Department to notify the owner:  Pierre Dufrense, 1374537 Ontario Ltd/Findlay Creek Properties Ltd, Tartan Land Corporation, 237 Somerset Street West, Ottawa, Ontario K2P 0J3 and all interested parties of Planning and Environments Committee's decision.

 

 


DOCUMENT 1

 

LOCATION MAP                                                                                                                            

 


DOCUMENT 2

 

DRAFT PLAN OF SUBDIVISION                                                                                                 

 


DOCUMENT 3

 

CONDITIONS OF DRAFT SUBDIVISION APPROVAL                                                           

 

File:   D07-16-03-0020

Ref. File: 15-94-0512

 S-LE-94-10

 

CITY OF OTTAWA CONDITIONS FOR DRAFT APPROVAL

1374537 ONTARIO LTD./FINDLAY CREEK SUBDIVISION – STAGE 2

LEITRIM GROWTH AREA

 

 

The City of Ottawa's conditions applying to the approval of the final plan for registration of the 1374537 ONTARIO LTD./FINDLAY CREEK Subdivision – Stage 2, Part of 4784 & 4798 Bank Street, 4738 & 4742 Bank Street, Part of Lots 17, 18, 19 and 20, Concession 4 Rideau Front in the former City of Gloucester, now in the City of Ottawa are as follows:

 

 

General

 

 

 

  1.  

This approval applies to the Draft Plan of Subdivision certified by D.A. Simmonds, Stantec Geomatics Ltd. dated May 23, 2006 showing 161 Blocks for single family dwellings, semi-detached dwellings, row housing and apartments, 1 Commercial Block, 1 Block for an overland drainage corridor, 4 Blocks for private open space, 4 Blocks for Parks with several Blocks for walkway purposes, 2 – 30 metre Buffer Blocks, 3 – 15 metre Buffer Blocks, and 37 streets.

 

 

 

  1.  

The Owner shall comply and implement the following reports and any subsequent revisions or updates:

1.      Geotechnical Overview, Leitrim Lands Development, Ottawa, Ontario, prepared by Golder and Associates, Project No.: 05-1120-179, November 4, 2005

2.      Tartan’s Leitrim Lands, Overview of Proposed Unit Count and Transportation Requirements, prepared by Delcan Corporation, File Number: SO1153SOJ00 dated November 8, 2005.

3.      Findlay Creek Retail Site, Transportation Overview, prepared by Delcan Corporation, File SO1153O100 dated July 27, 2005.

4.      Findlay Creek Village (Leitrim Community) Phase 2, Stage 1 Preliminary Tree Planting and Conservation Plan, File Number: 573.05 dated September 27, 2005.

5.      Urban Natural Area 108, Bank Street, north of Blais Road, Environmental Review, prepared by Muncaster Environmental Planning dated July 10, 2005.

6.      Sample Analysis Results for Monitoring Wells prepared by Transport Canada – Environmental Affairs, Program and Divertiture, File Number AHE 7075-75-0137 dated October 6, 2005.

 

 

 

 

7. Leitrim Development Area (Serviceability Report) prepared by Cummings Cockburn Limited, File Number: 3614-LD-03 dated November 18, 2005.

 

 

 

  1.  

The Owner agrees, by entering into subdivision agreements, to satisfy all requirements, financial and otherwise, of the City of Ottawa, including but not limited to, the phasing of the plan for registration, the provision of roads, installation of services and utilities (including oversizing), and drainage, in accordance with City Specifications and Standards all to the satisfaction of the City.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges that this subdivision will not be cleared for registration prior to reaching satisfactory arrangements for the provisions of adequate water supply and sewer service to the proposed subdivision.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges that South Nation Conservation Authority is under agreement with the Department of Fisheries and Oceans Canada to screen works that are in or beside water.  The impacts that any such works may have on fish habitat, whether directly adjacent to the site or downstream, will necessitate a review by the Conservation Authority and may require approval of the Department of Fisheries and Oceans Canada.

 

SNC

 

  1.  

The Owner shall be responsible for the provision of the following services, including over sizing, at its cost, to the satisfaction of the City and/or the Province:

a)         watermains

b)                  sanitary sewers

c)         storm sewers

d)         roads   

e)         street lights

f)          sidewalks & recreational pathways

c)            landscaping

d)            street name and traffic signs

e)            stormwater management facilities.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall provide a Phase 1 Environmental Site Assessment for the land subject to this draft approval prior to the registration of the first phase of development.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall remove any debris from the site and dispose of the debris in accordance with provincial regulations prior to any site works being undertaken. 

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges and agrees that all reports and/or studies required as a result of the approval of the Plan of Subdivision shall be implemented to the satisfaction of the City at the sole expense of the Owner. Further, that the City may require certification by the Owners Professional consultants that the works have been designed and constructed in accordance with the approved reports, studies, standards specifications, and plans to the satisfaction of the City.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall provide, at no cost to the City, a 10 metre wide easement in favour of the City over the proposed Cedar Creek Drive, between Street 25 and the lands to the south (Remer/Minto).

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall provide, at no cost to the City, a 10 wide metre easement in favour of the City along the west side of the easement described in Condition 8 above. This easement is to be negotiated with federal authorities having ownership of said lands. Failing the registration of this easement, the 0wner will register a 10 metre wide easement on Blocks 165 & 163, along the eastern side of the easement mentioned in Condition 8 above. (i.e. total easement width of 20 metre on Owner’s property)

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges the fact that should it not be successful in the registration of the western portion of the 10 metre easement mentioned on Condition 9, that Cedar Creek Drive will need to be realigned using the 20 metre easement on the Owner’s property. The Owner acknowledges that developable lands may be adversely affected from abutting Blocks.

 

OTTAWA

(PGM)

 

 

  1.  

The alignment of two internal road connections (Cedar Creek & Kelly Farm Drives) as well as storm, sanitary and water distribution issues need to be coordinated with the subdivision application to the south (Remer/Minto Lands). The Blais Road upgrade to a 24 metre municipal standard cross section, access, road patterns, drainage and servicing as well as issues mentioned in the Master Servicing study referred to in Condition 107 will have to be addressed to the City of Ottawa’s satisfaction prior to final approval of the subdivision plan to be registered.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall indicate the 1:100 year water level for Findlay Creek on the draft plan and revise the Buffer Blocks 182, 183 & 184 and part of Block 169 layout if required to ensure the 100-year water level falls within said blocks. This shall be done to the satisfaction of the City of Ottawa and South Nation Conservation Authority.

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall provide a minimum 20-metre wide road right of way over Street 25 subject to the Owner’s Engineer providing documentation satisfactory to the City of Ottawa with regards to the feasibility of a large diameter storm culvert on such roadway width. (A larger ROW may be required)

 

 

OTTAWA

(PGM)

 

 

  1.  

The right of way widths for the following roads are to be revised and shown on the plan as follows;

 

ROW required        Street           From                        To

16.5 metres                 21            Stalwart Dr.             Stalwart Dr.

                                  11            Northern Limit         Findlay Creek Drive

                                                   of application

 

18 metres                      1             Block 17                 Findlay Creek Drive

                                     5             Street 3                   Findlay Creek Drive

                                     6             Street 3                   Findlay Creek Drive

                                     9            Block 57                  Findlay Creek Drive

                                     3             Street 1                   Findlay Creek Drive

                       Bradwell Way      Kelly Farm Drive     Findlay Creek Drive

 

20 metres min.

Refer to Condition 13   25           Kelly Farm Dr.          Street No. 30

 

This shall be to the satisfaction of the Director, Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall be required to pay his share of cost for any municipal service as provided by others and as determined by the Director, Planning and Infrastructure Approvals Branch.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall obtain such permits as may be required from Municipal or Provincial authorities and shall file copies thereof with the Director of Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

 

  1.  

Any residential blocks on the final plan shall be configured to ensure that there will generally be no more than 25 units per block.

 

OTTAWA

(PGM)

 

  1.  

Prior to registration of any phase, the Owner shall submit a phasing plan to the City of Ottawa for approval.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall build as many units as possible with a south-facing exposure oriented within 25 degrees of the true east/west axis to the satisfaction of the City.

 

OTTAWA

(PGM)

 

  1.  

Prior to any further division of lots or blocks, the City of Ottawa may require an additional agreement to address any new or amended conditions.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall orient all driveway accesses for residential units onto the internal streets. 

 

OTTAWA

(PGM)

 

  1.  

The Owner shall convey to the City, all lands required for public purposes, including but not limited to, reserves, road widenings, daylighting triangles, walkway blocks, open space blocks, lands required for parks or cash-in-lieu thereof and for storm water measures, to the satisfaction of the Director, Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall acknowledge and agree that any dead ends and/or open spaces of road allowances created by this plan of subdivision shall be terminated in 0.3-meter reserves to be conveyed to the City. This shall include a 0.3-meter reserve along any temporary turning circle(s).

 

OTTAWA

(PGM)

 

  1.  

The Owner shall acknowledge the following conditions as related to Building Permits:

a)      Prior to placement of Granular "A" road bedding, the Owner shall acquire approval of the City to ensure that Granular "B" materials are not contaminated. The above shall also apply prior to placement of base course asphalt as it relates to approval of the Granular "A" materials.

b)      The Owner shall not demand of the City to issue, nor shall anyone claiming title from it or under its authority, demand of the City to issue, one or more building permits to construct any building or other structure on any lot or block on the Site until:

i)                    All roads on the Site have been connected to a public        street.

ii)                   Access for fire fighting equipment has been provided to each building by means of a street or private roadway, which shall be designated and posted to the satisfaction of the Director, Planning and Infrastructure Approvals and Fire Chief.

iii)         The access route has been surfaced with concrete, asphalt, or Granular "A" base capable of permitting accessibility under all climatic conditions and is continuously maintained so as to be immediately ready for use by the Emergency and Protective Services Department vehicles or any other vehicles in the event of an emergency.

iv)         The City has approved, where applicable, a site plan, a grading plan and a design plan for the proposed building or structure

 

OTTAWA

(PGM)

 

  1.  

Upon registration of the plan of subdivision (i.e. Plan 4M-_____), the Owner shall submit to the Director, Planning and Infrastructure Approvals, a chronoflex reduction of said plan.  The reduction shall be to a size of 8-1/2" x 14".

 

 

 

 

OTTAWA

(PGM)

 

 

Zoning

 

 

 

  1.  

Prior to registration of the plan of subdivision, the proposed plan shall conform with a Zoning By-law approved under the requirements of the Planning Act, with all possibility of appeal to the OMB exhausted.  

 

OTTAWA

(PGM)

 

  1.  

The Owner shall provide certification of Zoning By-law compliance prepared by an Ontario Land Surveyor for all lots and blocks prior to the registration of the plan of subdivision.

 

OTTAWA

(PGM)

 

 

Highways/Roads

 

 

 

  1.  

The Owner shall undertake a Transportation Impact Study certified by a Professional Engineer with expertise in undertaking such studies which complies with the City of Ottawa’s Transportation Impact Study Guidelines in identifying Transportation Demand Management measures and analyzing traffic impacts, transit impacts and implications for pedestrian and bicycle movements. The methodology and analysis principles shall be to the satisfaction of the Director, Planning and Infrastructure Approvals. The Owner further agrees to revise the Draft Plan in accordance with the recommendations of the study to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

Prior to the registration of each phase of subdivision, the Owner shall prepare traffic analysis that will consider the warrants and implementation of traffic calming measures and traffic signalization for the lands subject to the plan registration, as well as for any measures recommended to be installed on the Findlay Stage 1 lands.  Prior to the registration of each subdivision plan, the Owner shall post security for the recommended measures of the traffic analysis.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall revise the eastern intersection of Street 21 and Stalwart Drive to deter through traffic on this crescent street to the satisfaction of the Director of Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

  1.  

The Owner agrees to construct Blais Road (Street 31) as a 24 metre municipal standard cross section for the portion within this draft plan of subdivision.

 

OTTAWA

(PGM)

 

  1.  

 The Owner shall provide temporary turn-arounds for all streets terminating at the edge of any phase of development, prior to registration, to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall convey to the City, at the Owner’s expense, an unencumbered road widening along Bank Street, measuring 22.25 meters from the existing centerline of pavement, and an unencumbered road widening along Albion Road, measuring 18.75 meters from the existing centerline of pavement. The Owner shall dedicate the proposed streets, shown on the M-plan, as public highways, to the City of Ottawa. The Plan shall have ties to the Horizontal Network and be submitted in draft to the City Surveyor for review and approval.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall provide, at its’ expense, a 0.3 meter reserve adjacent to the widened limit of Bank Street and Albion Road on the following locations:

a)      Blocks 7, 8, 12, 13, 17 &, 83 facing Albion Road

b)      Blocks 120, 156, 158, 166, 167 & 168 facing Bank Street

 

OTTAWA

(PGM)

 

  1.  

The design of all road intersections, including geometric, intersections spacing, grades, the conveyance of the necessary sight triangles and required 0.3 meter reserves necessary for lot access control or until the future construction of road extensions or future development of adjacent lands, shall be to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall be responsible for 100% of the cost and installation of all permanent and temporary street name signs and traffic signs that may be required in accordance with City specifications. All signs shall be installed and located to the satisfaction of the City and installed prior to the City’s acceptance of the roads within the subdivision.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall conform to the City's Street Numbering By-law.

 

OTTAWA

(PGM)

 

  1.  

All streets shall be named to the satisfaction of the City’s Planning and Growth Management Department.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner is required to remove all spill, dirt, mud, stone or other transported material from all roads at the end of each day during construction.  However, should this material at any time pose a hazard to vehicles or pedestrian, the Owner shall clean the road immediately.  In the event of a dispute, the Director, Planning and Infrastructure Approvals, or his designate, will be the judge of what constitutes a hazard.  In the event that the material is not removed as required, the material may be removed by the City at the expense of the Owner.

 

OTTAWA

(PGM)

 

 

 

Public Transit

 

 

 

  1.  

The Owner shall design and construct, at its expense; all streets which have been identified as transit service routes, to TAC standards, including right-of-way width, horizontal and vertical geometry, and pavement structure, paved transit passenger standing areas, or shelter pads and shelters, to the specifications of OC Transpo, and the construction of a sidewalk on both sides of the street(s)

 

OTTAWA

(PGM)

 

  1.  

Prior to submitting the final registration plan for each phase, the Owner acknowledges and agrees to submit for approval a preliminary lotting plan to determine that the proposed lot and/or block frontages do meet the requirements of OC Transpo, Canada Post and the City with respect to bus stops, community mail box locations, and snow storage.  This shall be to the satisfaction of the Director, Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall:

a)      orient dwellings and vehicular accesses in the vicinity of bus stops in a manner as to avoid traffic conflicts and visual intrusion and to submit plans for approval by the City of Ottawa indicating the orientation of all dwellings and private accesses in the vicinity of all bus stop locations;

b)      inform all prospective purchasers, through a clause in all agreements of purchase and sale and indicate on all plans used for marketing purposes, those streets identified for potential transit services, the locations of the bus stops, paved passenger standing areas, or shelter pads and shelters, which may be located in front of or adjacent to the purchasers' lots at any time.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall design and construct, at no cost to the City of Ottawa, paved transit passenger standing areas, or shelter pads and shelters, to the specifications of OCTranspo.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall ensure that the staging of the subdivision, including dwellings, roadways, walkways and paved passenger standing areas, or shelter pads and shelters, will be constructed in a sequence that permits the operation of an efficient, high-quality transit service at all stages of development.  In accordance with this requirement, the provision of transit service to this development will be staged by the City of Ottawa to coincide with dwelling occupancy.

 

OTTAWA

(PGM)

 

 

City Roadway Modification

 

 

 

  1.  

The Owner shall pay all expenses including but not limited to land acquisition, contract drawings preparation, utility relocations, advertising, road work, traffic signal lights installation, construction supervision, as built drawing preparation, and other engineering and administrative costs for the modification of any intersection(s) and installation of an additional traffic lane(s) along any affected road as recommended by the approved study (s).

 

OTTAWA

(PGM)

 

 

Geotechnical

 

 

 

  1.  

The Owner shall submit a Geotechnical report prepared by a Geotechnical Engineer, licensed in the Province of Ontario containing detailed information on Geotechnical matters and recommendations pertaining to but not limited to the following;

a)      the existing sub-surface soils, groundwater condition

b)      slope stability and erosion protection, in addition to any building construction requirements adjacent to unstable slope

c)      design and construction of underground services

d)      design and construction of internal roadways, fire routes and parking lots

e)      Design and construction of retaining walls and/or slope protection

f)       Design and construction of engineered fill

g)      Design and construction of building foundations

h)      Site dewatering

i)        Design and construction of swimming pools

 

The report shall provide recommendations to address any of the latter situations to the satisfaction of the City.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall retain the services of the previously referred to Geotechnical Engineer to ensure that the recommendations of the report are fully implemented to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall have topographical surveys completed beyond the boundaries of rear and side yards of lots adjacent the new proposed lots for the purposes of drainage water control.  This shall be to the satisfaction of the City of Ottawa.  The developer shall obtain all necessary access permission to carry out this work at his cost.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall submit for approval detailed grading and drainage plans for this subdivision, prepared by a Civil Engineer licensed in the Province of Ontario, to the Director of Planning and Infrastructure Approval.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall provide services oversized and overdepth to service lands beyond the limits of the subdivision as required and to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

Where the Owner is required under this Agreement to provide and install sanitary sewers of a diameter larger and/or at a greater depth than would be required to service the area to be developed, as detailed in the approved plans of this agreement, the Owner shall convey to the City such 0.3m reserves as may be necessary to prevent the owners and developers of adjacent lands from making connections to the sanitary sewers installed by the Owner. Insofar as it legally may, the City will require other persons connecting to the sewer to pay an equitable share of the cost thereof to the Owner, the amount of which payment shall be determined by the Director, Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

  1.  

Where the Owner is required under this Agreement to provide the oversize and/or over-depth storm sewers or open drains in order to make provisions for later development of upstream lands not owned by the Owner herein, as referred to in the approved plans, the City shall, insofar as it legally may, require that payment shall be made by the Owner of such upstream undeveloped land which will utilize the said storm sewers as an outlet(s), prior to the approval of a Plan of Subdivision for such land by the City, the amount of which shall be determined by the Director, Planning and Infrastructure Approvals.

 

OTTAWA

(PGM)

 

  1.  

As the Owner proposes a road allowance(s) of less than 20 meters, and if the Owner also proposed boulevards between 4.0 and 5.0 meters wide, the Owner shall meet the following requirements:

a.       Extend water, sanitary, and storm services a minimum of 2.0 meters onto private property during installation before being capped.

b.      Install hydro high voltage cable through the transformer foundations to maintain adequate clearance from the gas main.

c.       Provide and install conduits as required by each utility.

d.      Provide and install transformer security walls when a 3.0 meters clearance, as required by the Electrical Code, cannot be maintained. The design and location of the security wall must be approved by the local hydro utility.

e.       Install all road crossing ducts at a depth not to exceed 1.2 meters from top of duct to final grade.  

 

OTTAWA

(PGM)

 

  1.  

The Owner shall retain the services of a Civil Engineer or Ontario Land Surveyor to certify to the City of Ottawa that the final lot grading is within 0.15 metres of the approved grades on the grading and drainage plan.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall have a Civil Engineer or Ontario Land Surveyor certify the elevation of the top of footings prior to completion of the foundation walls, and the Owner shall remove said footing if found to be out by more than 0.1 metre from the approved design grading plan.  Said elevation shall be submitted by the Civil Engineer or Ontario Land Surveyor to the City for approval prior to the completion of the foundation walls.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall submit an as-built grading plan showing actual ground elevations to geodetic datum at front, rear and side of house, driveway at curb and at garage, all lot corners, swale, inverts, terraces and top and bottom of retaining walls.  The grades must be taken under the supervision of a Civil Engineer or Ontario Land Surveyor.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall have competent professional engineering inspection personnel on site at all times during the period of construction to supervise the Works and the Director, Infrastructure Services shall have the right at all times to inspect the installation of the Works.  Should it be found in the sole opinion of the Director, Infrastructure Services that such personnel are not on site or are incompetent in the performance of their duties, or that the said Works are not being carried out in accordance with approved plans or specifications and in accordance with good engineering practice, then the Director, Infrastructure Services may order all work in the project to be stopped.

 

OTTAWA

(PGM)

 

 

Sidewalks, Walkways, and Fencing

 

 

 

  1.  

The Owner is responsible to build a recreational pathway on Block 185 south of Findlay Creek Drive as identified in the Leitrim Community Design Plan. If the recreational pathway is not built within 5 years from the date of registration of the Plan of Subdivision then the Owner will be responsible to build a sidewalk on the south side of Findlay Creek Drive.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall install and maintain, at its expense, a barrier in the form of a 1.5 metre high vinyl covered chain link fence to the City standard along the common boundary line of developed land and parkland or constraint lands.  Said fence shall be located 0.15 metres inside the property line on private property and shall be to the satisfaction of the City of Ottawa.  Where parkland abuts residential land, gates will be allowed in designated locations as approved by the City upon application and at the expense of the homeowner.  Gates are to be self-locking and opening onto (into) private property.  Gates will not be allowed along constraint lands where storm water management areas occur.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall provide a 1.8 metre high wooden privacy fence along the residential rear lot lines where they abut the commercial block to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall agree to design and construct, at no cost to the City sidewalks to the specifications of the City of Ottawa in the following locations:

 

Street               Location                  From                      To

    1                   East Side                Block 17                Findlay Creek Dr.

    6                   West Side               Street 10                Findlay Creek Dr.

    9                   East Side                Block 57                Street 3

    3                   North Side              Street 1                  Findlay Creek Dr.

    11                 West Side               North Limit            Findlay Creek Dr.

    12                 West Side               North Limit            Street 13

Bradwell Way   East Side               Kelly Farm Dr.       Findlay Creek Dr.

    13                  South Side             Street 11                 Bradwell Way

Findlay Creek Dr.   North Side       Albion Road           Bradwell Way

                           South (Cond. 58)  Albion Road          Bradwell Way

Stalwart Dr.       South Side            Bank Street             Kelly Farm Dr.

                          West                      Block 175               Block 175

                           East                       Block 100               Block 100

Cedar Creek Dr.  East  Side         North Limit Bl. 184   Findlay Creek Dr.

Kelly Farm Dr.   E & W Side                                          South Limit

Street 25              North Side             Kelly Farm Dr.     Cedar Creek Dr.

Street 31              North Side            East Limit              Cedar Creek Dr.

 

This shall be to the satisfaction of the Director of Planning and Infrastructure Approvals. 

 

OTTAWA

(PGM)

 

 

Land/Streetscaping

 

 

 

  1.  

The Owner shall supply to the City a Landscape Plan for approval prior to final subdivision plan registration and the Owner agrees to implement the streetscape plan.  Said plans shall be prepared by a Landscape Architect registered in the Province of Ontario and implemented by a qualified Horticulturist, Nurseryman or Landscape Contractor. 

 

OTTAWA

(PGM)

 

  1.  

The Owner shall acknowledge and agree that any future City or Conservation Authority owned trees in conflict with future road allowances or at the rear of building lots must be pruned and/or removed prior to conveyance of the Blocks to the City or South Nation Conservation to eliminate safety hazards.

 

OTTAWA

(PGM)

 

 

Parks

 

 

 

  1.  

The Owner covenants and agrees that Blocks 175 and 176 shall be conveyed to the City, at no cost, as dedicated parkland.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges that as set out in the Leitrim Community Design Plan, a neighbourhood park is required in the southerly parcel of the subdivision.  The neighbourhood park (Block 169) will have an approximate size of 0.8 hectares.  The Owner agrees to negotiate the final configuration and size of this park with the City and South Nation Conservation prior to the submission of the final 4M-plan for the subdivision phase that contains Block 169.  This park shall be to the satisfaction of the Director of Planning and Infrastructure Approvals and conveyed to the City, at no cost, as dedicated park.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges that as set out in the Leitrim Community Design Plan, that the southerly portion of a community park is required in the area of Block 177. This portion together with a portion of land to the north will create a community park having a total approximate size of 10.6 hectares.  This community park will be developed with active park facilities.  The Owner agrees to negotiate with the City the final park block configuration and size recognizing that a 18 metre wide corridor must be provided in the area of Block 190 for an overland drainage ditch prior to the submission of the final 4M-plan for the subdivision phase which includes all or part of Block 177.  The final park block size and configuration together with the financial arrangements for parkland over dedication, if required shall be to the satisfaction of the Director of Planning and Infrastructure Approvals. 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges and agrees that any park block containing any vegetation shall automatically be considered a tree preservation zone until Park Development Plans are received and approved by the Director, Parks and Recreation.

 

OTTAWA

(P&R)

 

  1.  

The Owner shall provide a separate legal survey plan of all park blocks.  This plan shall be at a scale of 1:500 in both digital (compatible with current City software application) and reproducible format and shall be to the satisfaction of the Director, Parks and Recreation.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner shall install temporary fencing in accordance with standards approved by the Director, Parks and Recreation in the following locations:

a)      Around the perimeter of park block(s) prior to the commencement of construction on lands adjacent to the park block(s);

b)      Adjacent to road frontages.

 

This fencing shall be kept in good repair until the City approves its removal.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The following information is required by the City of Ottawa prior to acceptance of a parkland block:

a)  A topographic plan with the property boundaries identified, signed by a registered Ontario Land Surveyor.  The scale of drawing shall be 1:500 with a contour interval of 0.5 of a metre (or as approved by the Director, Parks and Recreation).  Spot elevations are required at all property corners ten metres on centre where the parkland abuts a roadway (i.e. along the curb line).  All service connection locations are to be identified on said plan.

a)      Existing Vegetation Plan for the subdivision.

b)      A copy of the Class 1 Environmental Assessment.

c)      A copy of the draft stormwater report and/or hydrogeological report.

d)      A coloured aerial photograph of the park block and surrounding context.

e)      A copy of the soil report prepared under the agreement which must determine the following:

·        suitability of soil as a founding stratum

·        possibility of soil contamination

·        existence of perched water table

·        subsurface preparation required (if in excess of typical   

preparation  practices) to construct on-grade facilities (eg:  playing fields)

-MINIMUM: 1 bore hole per 1.5 hectares to a depth of 2.0   metres, installation of stand pipes in at least 40% of bore holes, date and site conditions at time of survey

a)      It is the responsibility of the Owner to clearly demonstrate to the Director of Parks and Recreation that soils in all designated parks are satisfactory for the purposes for which the City intends the use of the park.

b)      More detailed soils investigation may be required in specific park blocks, to be determined by the Director, Parks and Recreation.

 

Upon review of the above-noted information if any remedial work is necessary to make the park developable, this shall be at the cost of the Owner and to the satisfaction of the Director, Parks and Recreation.  The estimated costs for this work to be included in to Schedule of Costs in the Agreement and shall not be considered part of any cash-in-lieu of parkland contribution.  A schedule for the completion of any required remedial works must be submitted to the Director, Parks and Recreation.  The schedule must indicate substantial completion of all remedial work prior to the issuance of the first building permit.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner shall, unless otherwise modified and as part of the required works, and at no cost to the City, provide, at a minimum, the following services and utilities to the future park blocks:

a)                  A 300 mm diameter storm sewer and CB/MH at 2 metres inside the park property line.

b)                  A 50 mm diameter water line complete with a valve chamber at 2 metres inside the park property line.

c)                  A 120/240 volt, 400 ampere single phase hydro service and panel at 2 metres inside the park property line.

d)                  A 150 diameter sanitary sewer and manhole at 2 metres inside the park property line.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

If servicing plans indicate the location of above-grade or below-grade infrastructure is placed such that it will interfere with the park development, where possible, the infrastructure will be adjusted to coordinate with the park development.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner shall not use dedicated parkland for parking or storage of equipment or vehicles or for disposal of snow or any other material without prior written approval from the Director, Parks and Recreation.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner shall not remove or disturb any of the existing vegetation and topsoil on dedicated parkland.  If the parkland is disturbed by the Owner, it must be reinstated to the satisfaction of the Director, Parks and Recreation.  If fill is required for park development, the requirement for reinstatement of existing vegetation may be waived or amended contingent on the park concept plan, to the satisfaction of the Director, Parks and Recreation.

 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner must include a Notice on Title, which shall provided notification to all purchasers that adjacent parkland designated under the Agreement and/or already existing may have active lighted sports, recreation and leisure facilities installed. 

OTTAWA

(PGM)

(P&R)

 

  1.  

The Owner shall, at his expense, provide one vehicle access point to the community park (Block 177) across the proposed open drainage channel on the east side of the parkland.  The design and location of this access point shall be to the satisfaction of the Director, Parks and Recreation.

 

OTTAWA

(PGM)

(P&R)

 

 

Environmental Constraints

 

 

 

  1.  

The Owner shall agrees that the development of the Subdivision shall be undertaken in a manner such as to prevent or to ameliorate the effects of environmental constraints through the preparation of, if required, an Impact Assessment of Adjacent Waste Disposal Sites, an Impact Assessment of Adjacent Limestone Resource or Sand/Gravel Resource, an Assessment of Former Uses of Abandoned Mines, Pits or Quarries and/or a Minimum Distance Separation Analysis, if the proposed development is close to an active livestock operation.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall provide and implement, where required, a Compensation Plan for the loss of fish habitat, as well as a monitoring program for the project to the satisfaction of the Conservation Authority and Fisheries and Oceans Canada. 

 

SNC

 

  1.  

The Owner shall submit an application for authorization works or undertakings affecting fish habitat completed and signed by the applicant/owner (Tartan Development Inc.).  The completed applications will include the following:

a)      Details concerning the length and width of the drain portion that will be affected;

b)      Drawings of the altered Findlay Creek (site plan, cross section illustration the compensation items;

c)      Sediment and erosion control measures (details); and

d)      A completed Channel Relocation Application Form (although the project is not proposing to relocated the creek, the information requirements are similar and this completed application is necessary for DFO)

 

SNC

 

  1.  

The Owner agrees that all approvals and conditions of approval shall be met as required by the South Nation Conservation, Department of Fisheries and Oceans, and all other Municipal and Provincial authorities.  A copy of all agreements and certificates of approvals required by the agencies noted above shall be presented to the City prior to the City issuing commence work notifications to begin construction.

 

SNC

 

  1.  

The Owner shall transfer ownership of Blocks 181, 182, 183, 184 and part of Block 169 as Buffer land to South Nation Conservation.

 

SNC

 

  1.  

Prior to registration of the phase that includes Blocks 181, 182, 183, 184 and part of Block 169, the Owner agrees to prepare, submit and receive approval for a Landscape Plan for the vegetated buffer strips.  Only indigenous trees and shrubs native to Eastern Ontario are to be utilized for all of the vegetated buffer strips.  The said plan is to be prepared by a qualified professional with expertise in a riparian corridor restoration to implement the plan and its recommendations within one year of registration of the plan, to the satisfaction of South Nation Conservation.

 

SNC

 

  1.  

The Owner agrees and acknowledges to provide and receive approval from South Nation Conservation for detailed designs and supplemental landscape plan(s) for any pathway within the Buffer Area abutting this plan of subdivision.  Any buffer design shall protect and to enhance the features and functions of the buffer and adjacent wetlands.  The natural features shall be inventoried to determine opportunities enhance riparian vegetation and habitat in this corridor.  The Owner shall be responsible for buffer implementation to the satisfaction of the City of Ottawa and South Nation Conservation.

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall provide a detailed Tree Retention and Conservation Plan, along with a Detailed Streetscape Landscape Plan and Map Plan and indicate how it is to be implemented to the satisfaction of the City of Ottawa and South Nation Conservation, including:

a)      Conservation and retention of vegetation as outlined in the Preliminary Plan – along the existing road allowance, buffer zones along Findlay Creek and building envelope, as shown within the proposed subdivision and individual housing lots;

b)      Specifics about the amount of natural linked vegetation area that will be preserved; connection within pathways and buffer zones;

c)      Plans to follow and be in conjunction with the Design with Nature Principals, as listed in the City of Ottawa Official Plan.

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner agrees to prepare a Sediment and Erosion Control Plan following applicable documents and Regulations and indicate how it is to be implemented to the satisfaction of the City of Ottawa and South Nation Conservation, appropriate to the site conditions, prior to undertaking any site alterations (filling, grading, removal of vegetation, etc.) and during all the phases of the site preparation and construction in accordance with the current Best Management Practices for Erosion and Sediment Control.

 

Erosion and Sediment Control Measures must be installed prior to the commencements of construction and maintained in good order until vegetation has been established along the roadsides, ditches and other disturbed areas.  The implementation of adjustment or corrective maintenance of the Erosion and Sediment measures is an integral part of the plan.

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner agrees to provide a Monitoring and Mitigation Plan to be in conjunction with the Sediment and Erosion Control Plan, during and post-construction, for the determining impacts to water quality, terrestrial environment, and drainage to the satisfaction of the City of Ottawa and South Nation Conservation.

OTTAWA

(PGM)

SNC

 

  1.  

The Owner agrees to prepare and submit a Lot Grading and Drainage Plan and indicate how it is to be implemented to the satisfaction of the City of Ottawa and South Nation Conservation.

OTTAWA

(PGM)

SNC

 

  1.  

The Owner acknowledges and agrees that Conditions 80 to 85, all inclusive, shall be met to the satisfaction of the City of Ottawa and South Nation Conservation prior to the commencement of site works including any off site work and/or construction such as but not limited to roads and utilities of any phase of this draft approval area.

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall provide a 1.5 metre high chain link fence along the rear and side property lines of all lots and/or blocks adjacent to the lands labelled ‘Buffer Lands’ to clearly indicate property limits while minimizing vegetation damage and/or loss within the ‘Buffer Lands’.  The fence shall be erected within the applicable subdivision blocks, 0.3 metres from the property line.  No gates, stiles or other forms of access to the ‘Buffer Lands’ shall be permitted. 

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall prepare to the satisfaction of the City of Ottawa, a Conservation Handbook describing the natural attributes of the subdivision and the importance of good stewardship practices to ensure the long-term health and sustainability of the wetlands, watercourses, and woodlots.  The Handbook shall be distributed to all new homeowners. 

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall undertake to protect all existing vegetation on site until such time that a “Detailed Tree Planting and Conservation Plan” is approved by the City of Ottawa and the vegetation communities and specimen trees which are to be conserved are appropriately marked with snow fencing on-site.  The “Detailed Tree Planting and Conservation Plan” shall be prepared by a qualified landscape architect and shall be integrated with the “Grading and Drainage Plan”, the “Environmental Impact Statement/Wetland Impact Statement”, and the “Stormwater Site Management Plan and Erosion and Sediment Control Plan”.  Particular attention shall be paid to preservation of vegetation in and adjacent to the ‘Buffer Land’ and the ‘Wetland’ over the long-term and measures taken to ensure their long-term health.

 

OTTAWA

(PGM)

SNC

 

  1.  

All prospective purchasers will be informed through a clause in all agreements of purchase and sale that, prior to taking any water from the subsurface - such as would be done for example, for the operation of a heat pump or for filling a swimming pool - they will need to obtain from the Ontario Ministry of the Environment a Permit to Take Water under Section 34 of the Ontario Water Resources Act, if the taking is for more than 50,000 litres per day (flow) or 50 cubic metres (volume).  Such clause shall apply to all successors and assignees and such clause shall appear in all subsequent agreements of purchase and sale.

 

MOE

 

  1.  

All prospective purchasers will be informed through a clause in all agreements of purchase and sale that, prior to discharging to the subsurface - such as would be done for example, for the operation of a heat pump or for emptying a swimming pool - they will need to obtain from the Ontario Ministry of the Environment a Certificate of Approval under Section 53 of the Ontario Water Resources Act, if the discharge exceeds 10,000 litres per day (flow).  Such clause shall apply to all successors and assignees and such clause shall appear in all subsequent agreements of purchase and sale.

 

MOE

 

 

Archaeology

 

 

 

  1.  

The Owner shall undertake an archaeological assessment of the entire property by a licensed consultant archaeologist and implement the recommendations of the approved assessment. This archaeological assessment shall be to the satisfaction of the Ministry of Citizenship Culture and Recreation and the Director of Planning and Infrastructure Approvals.

 

OTTAWA

MCzCR

(PGM)

 

 

 

Stormwater Management

 

 

 

  1.  

The Owner shall agree that the development of the Subdivision shall be undertaken in a manner such as to prevent any adverse effects, and to protect, enhance or restore any of the existing or natural environment, through the preparation of any storm water management reports, as required by the City.  All reports are to be approved prior to the commencement of any Works.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner agrees to prepare to final version of the Leitrim Development Area Stormwater Management Report and describe how it is to be implemented in accordance with current Stormwater Management Best Practices to the satisfaction of the City of Ottawa and the South Nation Conservation.  The final version of the Master Study Update will ensure that the entire stormwater management plan is designed according to, and is consistent with the MOE Stormwater Management and Design Manual – March 2003

 

OTTAWA

(PGM)

(SNC)

 

 

  1.  

The Owner shall provide to the City any and all Storm Water reports that may be required by the City for approval prior to the commencement of any works in any phase of the Plan of Subdivision. Such reports shall be in accordance with any Watershed or Sub-watershed Studies, Conceptual Storm Water Reports, City or Provincial standards, specification and guidelines. The reports shall include but are not limited to, the provision of erosion and sedimentation control measures, implementing or phasing requirements, all storm water monitoring and testing requirements.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall submit drainage and grading plan to the City of Ottawa for review and approval with respect to all streets and once approved, drain and grade the subject development in accordance with the approved plans. This requirement shall be incorporated into the Stormwater Site Management Plan.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner shall acknowledge and agree that commencement of any works within any phase of the Plan of Subdivision shall not be permitted until such time as the required storm water management measures have been designed and approved by the City and any other approval agency, the implementation plan has been approved or the storm water measures has been constructed to the satisfaction of the City.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner agrees that the commencement of construction of any phase of this subdivision (buildings, roads utilities, etc.) will not occur until such time as the stormwater management facilities required by the approved Sub-Watershed Plan have been designed and constructed and have been initiated in accordance with all municipal and agency requirements.

 

OTTAWA

(PGM)

 

 

  1.  

The Owner acknowledges that any construction or alteration activities in Findlay Creek or any associated municipal or wetland drains will require a Permit from South Nation Conservation as required under Ontario Regulation 170/06 (Regulation of Development, Interference with Wetlands and Alteration to Shorelines and Watercourses) before commencing any work along the watercourse.

 

SNC

 

  1.  

Prior to the commencement of construction of any phase of this subdivision (roads, utilities, any off site work, etc.) the Owner shall:

a) have an Erosion and Sediment Control Plan prepared by a Professional Engineer in accordance with Current Best Management Practices and applicable Regulations

b)  have such a plan approved by the City of Ottawa and SNC

c) provide certification to the City of Ottawa through a Professional Engineer that the plan has been implemented.

 

OTTAWA

(PGM)

SNC

 

 

  1.  

Prior to registration, or prior to an application for a Certificate of Approval for any stormwater works, (whichever comes first), a Stormwater Site Management Plan shall be prepared for this subdivision which shall identify the sequence for the implementation of the Plan in relation to the construction of the subdivision.  This shall to the satisfaction of the City of Ottawa and SNC.  The Stormwater Site Management Plan and the Sub-Watershed Plan shall:

a)      incorporate best management practices to address both water quality and quantity

b)      include a grading and drainage plan and deal with increased flow controls up to and including the 100 year storm event

c)      adopt the principles of and provide an implementation framework for the Master Drainage Plan

d)      ensure that the water quality and quantity of the surface water being discharged into Findlay Creek is at a Level 1 “Enhanced” Protection in accordance with the “Stormwater Management Planning and Design Manual” prepared by the Ministry of Environment (March 2003) for a Type 1 Fish Habitat. 

 

OTTAWA

(PGM)

SNC

 

  1.  

The subdivision agreement between the Owner and the City shall contain clauses for the implementation of the approved stormwater design plan, the sedimentation and erosion control plans and the approval granted pursuant to the Lakes and Rivers Improvement Act and the South Nation River Conservation Authority’s Fill Construction and Alteration to Waterways Regulation (Ont. 724/94).  The wording of the subdivision agreement clause shall be to the satisfaction of all agencies.

 

OTTAWA

(PGM)

SNC

 

  1.  

On completion of all stormwater works, the Owner shall provide certification to the City of Ottawa through a Professional Engineer that all measures have been implemented in conformity with the Stormwater Management Plan.

 

OTTAWA

(PGM)

SNC

 

  1.  

The Owner shall monitor water quality of the stormwater facility per the Ministry of Environment Certificate of Approval requirements and as outlined in the Stormwater Site Management Plan to the satisfaction of the City of Ottawa and the relevant Conservation Authority as required. The monitoring strategy should incorporate details of location of the sampling, type of sampling, frequency and a parameter list consistent with the needs of the receiving aquatic environment. An independent and approved laboratory shall complete tests and the results shall be made available in an approved format and timing acceptable to the City of Ottawa and the relevant Conservation Authority as required.

 

OTTAWA

(PGM)

SNC

 

 

Water and Wastewater Services

 

 

 

  1.  

The Owner shall prepare, at his cost, a Master Servicing Study including but not limited to the preparation of a hydraulic network analysis of the proposed water plant of the surrounding areas to the satisfaction of the City of Ottawa.

 

OTTAWA

(PGM)

 

  1.  

The Owner acknowledges that the downstream capacity within the sanitary trunk sewer system is limited.  The Owner further acknowledges that prior to the upgrade of the downstream sanitary system, a limit as to the amount of building units allowed for the entirety of the Findlay Creek Village will be implemented. This limit will be established in the Master Servicing Study mentioned in Condition 106.

 

OTTAWA

(PGM)

 

  1.  

The Owner shall submit detailed municipal servicing plans, prepared by a Civil Engineer licensed in the Province of Ontario, to the Director, Planning and Infrastructure Approvals for approval. 

 

OTTAWA

(PGM)

 

 

Schools

 

 

 

 

  1.  

The Owner shall be required to notify prospective purchasers that Ottawa-Carleton Catholic Schools in the area are overcrowded and therefore existing attendance boundaries may be changed and/or students may be directed to schools outside their community or accommodated in portables.

 

OCCSB

 

 

  1.  

The Owner shall be required to notify prospective purchasers that school accommodation pressures exist in the Ottawa-Carleton District School Board Schools designated to serve this development which is currently being addressed by the utilization of portable classrooms and/or by directing students to schools outside their community.

 

OCDSB

 

 

 

Fire Services

 

 

 

 

  1.  

The Owner shall acknowledge that all fire hydrants must be fully operational prior to any structural framing and be maintained accessible and operational at all times.

 

OTTAWA

(PGM)

 

 

 

  1.  

The Owner shall acknowledge that:

a)      Where no municipal hydrants are available the Owner will provide alternate means of water supply for approval as   required in Section 3.2.5.7 of the Ontario Building Code.

b)  That public street access must be provided by a road complete with first lift of asphalt prior to combustible framing.  Alternatively, at times of the year when asphalt plants are not operational, the MINIMUM road construction must be sub base with full depth base material, topped with granular “A” gravel OR within 2” of finished grade.

 

OTTAWA

(PGM)

 

 

 

  1.  

The Owner shall acknowledge that where Single Family Home Firebreak Lots are required, no construction is to proceed past the deck stage until the adjacent units are completed with exterior cladding, windows installed, and roof shingled.

 

OTTAWA

(PGM)

 

 

 

  1.  

The Owner shall acknowledge that the Fire Department shall provide a list of firebreaks for inclusion in the Subdivision Agreement (where applicable).

 

OTTAWA

(PGM)

 

 

 

  1.  

The Owner shall undertake and shall agree to provide and erect of affix, at its expense, such municipal number signs, illuminated or otherwise, in such locations and of such a size, design and colour as submitted to and approved by the Fire Chief of the City of Ottawa prior to occupancy of any building, or part thereof, in the subject development, and that any such numbering shall be visible from the street during both the day and night.

OTTAWA

(PGM)

 

 

 

 

 

Post

 

 

 

 

  1.  

This development will receive postal service via community mailboxes located to Canada Post’s satisfaction.  The Owner shall:

I.                    Inform all prospective purchasers, through a clause in all Agreements of Purchase and Sale, as to those lots identified for potential community mailboxes, mini-park and/or kiosk locations and/or all plans used for marketing purpose shall indicate the proposed community mailbox location(s).

II.                 Provide, at the Owner’s expense, curb depressions, at proposed community mailbox site location(s).  These are to be 2 meters in width and no higher than 25 mm.

III.               If a grassed boulevard is planned between the curb and the sidewalk where the community mailbox is located, the Owner shall install at the Owner’s expense, a walkway across the boulevard.  The walkway is to be 1.0 meter in width and constructed of material suitable to the municipality (e.g. interlock, asphalt, concrete, etc.).  In addition, the developer shall ensure, by forming or cutting the curb, that this walkway is handicapped accessible by providing a curb depression between the street and the walkway.  This depression should be 1 m wide and no higher than 25 mm.

 

POST

 

 

  1.  

The Owner agrees to provide a location plan of the Canada Post super mailboxes and OC-Transpo bus stops and to provide landscaping at these locations to the satisfaction of the City of Ottawa, in accordance with an approved landscaping plan.      

 

OTTAWA

(PGM)

 

 

 

Utilities

 

 

 

 

  1.  

The Owner shall acknowledge and shall agree to enter into such agreements and provide such easements which may be required, but not limited to, drainage, servicing, electrical, gas, telephone, and cablevision facilities, to the satisfaction of the appropriate authority, and that the Owner shall ensure that these easement documents are registered on title immediately following registration of the final plan, and the affected agencies are duly notified.

 

Bell

Gas

Cable

Hydro

 

  1.  

Where the relocation or removal of any existing on-site/adjacent utility facility, including water, sewer, electrical, gas, telephone and cablevision, is required as a direct result of the development, the owner shall pay the actual cost associated therewith to the satisfaction of the appropriate utility authority.

 

Bell

Gas

Cable

Hydro

 

  1.  

The Owner shall coordinate the preparation of an overall utility distribution plan showing the location (shared or otherwise) and installation, timing and phasing of all required utilities (on-grade, below-grade or above-grade), including on-site drainage facilities and streetscaping)-such location plan shall be to the satisfaction of all affected authorities and shall consider their respective standards and specification manuals, where applicable.

 

OTTAWA

(LEGAL)

Bell

Gas

Cable

Hydro

 

 

  1.  

The Owner shall be requested to enter into a Servicing Agreement (Letter of Understanding) with Bell Canada complying with any underground servicing conditions imposed by the municipality and if no such conditions are imposed, the Owner shall advise the municipality of the arrangement made for such servicing.

 

Bell

 

  1.  

The Owner shall grade all streets to final elevation prior to the installation of the gas lines and provide necessary field survey information required for the installation of the gas lines, all to the satisfaction of Enbridge Consumers Gas.  All of the natural gas distribution system shall be installed within the proposed road allowance so that easements will not be required.

 

Gas

 

  1.  

The Owner shall by written notice to all telecommunication carriers and distribution undertakings regulated by the Canadian Radio-Television and Telecommunication Commission and operating within the City, and as specified by the City, provide the opportunity to install, repair and maintain equipment in a common utilities trench within all future road allowances, and up to but not interfacing with or connecting to, individual dwelling or commercial building units.

 

OTTAWA

(LEGAL)

Bell

 

 

 

Noise Attenuation

 

 

 

  1. 1

The Owner shall:

a)      have a noise study prepared and certified by a Professional Engineer (expertise in the subject of acoustics related to land use planning).  The study shall be to the satisfaction of the City of Ottawa and shall comply with MOEE LU-131, Noise Assessment Criteria in Land Use Planning, the City of Ottawa's Standards for Noise Barriers and Noise Control Guidelines, and be in accordance with the current version of the APEO Guidelines, for Professional Engineers providing Acoustical Engineering Services in Land Use Planning;

b)      implement the specific noise control measures recommended in the approved noise study and any other measures recommended by the City of Ottawa including, as applicable, the City of Ottawa's "Standards for Noise Barriers" as may be amended;

c)      prior to the registration of the plan of subdivision, provide financial security in the amount of 100% of the cost of implementing the recommended noise control measures; and

d)      prior to final building inspection, provide certification to the City of Ottawa, through a Professional Engineer, that the noise control measures have been implemented in accordance with the approved study

 

OTTAWA

(PGM)

 

 

 

  1.  

Prior to final approval of the plan, the Ministry of the Environment shall be in receipt of a copy of the fully executed Subdivision Agreement between the Owner and the City stating that the specific noise control measures, recommended in the acoustical report in accordance with the previous condition, and any other additional measures shall be completed by requirement of the Subdivision Agreement.

 

OTTAWA

(PGM)

 

 

 

Lighting

 

 

 

  1.  

All exterior shall be designed and installed so as not to cause interference with adjacent roadways and neighbouring properties.

 

OTTAWA

(PGM)

 

 

  1.  

All street lighting and pathway lighting shall be designed and constructed in accordance with the City of Ottawa designs and specifications.

 

OTTAWA

(PGM)

 

 

 

Purchase and Sale Agreements and Covenants on Title

 

 

 

  1.  

The Owner shall include the following statement in the subdivision agreement and in all Offer of Purchase and Sale Agreements with prospective lot purchasers:

 

“Purchasers/building occupants are forewarned that this property/dwelling unit is located in a noise sensitive area due to its proximity to Ottawa Macdonald-Cartier International Airport. 

 

Noise due to aircraft operations may interfere year round with some indoor activities and with outdoor activities, particularly during the summer months.  The purchaser/building occupant is further advised that the Airport is open and operates 24 hours a day, and that changes to operations and the future construction of a new east-west runway may affect the living environment of the residents of this property/area.

 

The Ottawa Macdonald-Cartier International Airport Authority and the Municipality are not responsible if the purchaser/occupant of this dwelling finds that the noise levels due to aircraft operations continue to be of concern or are offensive.”

 

OMCIA

 

  1. 1

The Owner shall insert a clause in each Agreement of Purchase and Sale and in Deeds for lands upon which fences have been constructed stating that:

 

"Purchasers are advised that they must maintain the fences as constructed along the boundary of this property to the satisfaction of the City of Ottawa.  The Purchaser agrees to include this clause in any future Purchase and Sale Agreements."

 

OTTAWA

(PGM)

 

  1. 1

The Owner shall include the following statements in all Agreements of Purchase and Sale and in all Deeds for the whole or any part of a Lot/Block within the plan of subdivision:

 

“The Purchaser acknowledges that the ‘Buffer Lands’ and the Wetlands’ are: No Touch/No Development Lands.

 

The Purchaser acknowledges the sensitive environmental nature of the Leitrim Provincially Significant Wetlands contained within the  ‘Wetlands’ as labelled on the Draft Subdivision Plan, the importance of good stewardship practices to ensure the health and sustainability of these natural features and that it is the City’s intent to protect these areas and leave the ‘Wetlands’ in a natural state to the long-term.

 

The Purchaser of Lots and/or Blocks adjacent to the ‘Buffer Lands’ undertakes and agrees that gates, stiles or other forms of access into the ‘Buffer Lands’ shall not be permitted from the rear and/or side yards through the required chain link fence.

 

OTTAWA

(PGM)

 

 

The Purchaser undertakes and agrees that composters, garden plots, yard waste pile(s) and/or other such disturbances shall not be introduced into the ‘Buffer Lands’ and/or the ‘Wetlands’ which disturb the natural state of these lands.

 

The Purchaser undertakes and agrees that all roof leaders shall be directed to pervious areas such as lawns to enhance ground water recharge.”

 

 

 

 

Early Servicing Requirements

 

 

 

  1.  

The Owner shall acknowledge that municipal services within the Plan of Subdivision may be installed provided appropriate approvals have been provided, financial security, insurance, and a letter of indemnity are posted to the satisfaction of the City.

 

OTTAWA

PGM

 

 

Airport Zoning Regulations

 

 

 

  1.  

The Owner shall demonstrate, to the City’s satisfaction, compliance with the Ottawa-Macdonald Cartier International Airport Zoning Regulations (AZR).  The Owner shall acknowledge that the AZR apply to temporary construction equipment, such as cranes, and that if a crane is intended for use on the site, Transport Canada in Toronto must be notified a minimum of 3 weeks in advance to determine if it will cause a safety hazard to pilots manoeuvring in the area.

 

OMCIA

 

  1.  

The Owner shall acknowledge that draft plan approval area falls within the Ottawa-Macdonald Cartier International Airport Bird Hazard Zone and shall agree that there will be no actions (present or future) undertaken that results in any bird attraction conditions and therefore become hazards to aircraft flying in the area. 

 

OMCIA

 

 

Financial Requirements

 

 

 

  1.  

The Owner agrees, that those works which have been designed and constructed by the Owner within their registered subdivision shall be entitled to repayment, provided that the works are identified works in the City of Ottawa’s 2004 Development Charges By-Laws in accordance with the City of Ottawa’s approved Front Ending Policy and subject to budget approval of the required expenditure by City Council in the year in which it is approved.

 

OTTAWA

(PGM)

(LEGAL)

 

  1.  

The Owner acknowledges that another party may have provided roads and/or services to these lands, at the parties expense and that the Owner agrees to pay to the other party, a proportionate share of the costs to provide these roads and/or services. The City will require written proof from the parties that an agreement has been reached and/or that sufficient remuneration has been provided.

 

OTTAWA

(PGM)

(LEGAL)

 

  1.  

A letter of credit in the amount of 100% of the value of construction must be posted to the satisfaction of the City of Ottawa, and all associated fees must be paid prior to the registration of agreement.

 

OTTAWA

(PGM)

 

 

 

Survey Requirements

 

 

 

  1.  

The plan of subdivision shall be referenced, where possible, to the Horizontal Control Network, in accordance with the City requirements and guidelines for referencing legal surveys.

 

OTTAWA

(SURVEY)

 

  1.  

The Owner shall provide the final plan intended for registration on diskette in a digital form that is compatible with the City of Ottawa computerized system.

 

OTTAWA

(SURVEY)

 

 

Closing Conditions

 

 

 

  1.  

The Owner shall inform the purchaser after registration of each lot or block of the development charges that have been paid or which are still applicable to the lot or block.  The applicable development charges shall be as stated as of the time of the conveyance of the relevant lot or block and the statement shall be provided at the time of the conveyance.  The statement of the owner of the applicable development charges shall also contain the statement that the development charges are subject to changes in accordance with the Development Charges Act 1997 and the Education Development Charges Act.

 

OTTAWA

(LEGAL)

 

  1.  

At any time prior to final approval of this plan for registration, the City of Ottawa may, in accordance with Section 51 (44) of the Planning Act, R.S.O. 1990, amend, delete or add to the conditions and this may include the need for amended or new studies.

 

OTTAWA

(LEGAL)

 

  1.  

The Subdivision Agreement shall state that the conditions run with the land and are binding on the owner's, heirs, successors and assigns.

OTTAWA

(LEGAL)

 

 

  1.  

Prior to registration of the plan of subdivision, the City of Ottawa is to be satisfied that Conditions 1 to 142 have been fulfilled.

 

OTTAWA

(PGM)

 

  1.  

If this plan of subdivision has not been completely registered by (date three years after the date of draft approval) the draft approval shall lapse pursuant to Section 51(32) of the Planning Act.  Extensions may only be granted under the provisions of Section 51(33) of said Planning Act prior to the lapsing date.

 

OTTAWA

(PGM)

 

 

 


DOCUMENT 4

 

CONSULTATION                                                                                                                            

 

COMMITTEE COMMENTS

 

Ottawa Forest and Greenspace Advisory Committee (May 19, 2006)

 

The site is a combination of forested and open land with second growth regenerating vegetation.  The land is part of the Leitrim Wetland complex.  Although the wetland was official delimited by an OMB decision, in the view of reputable scientific experts, the OMB boundary does not conform to the scientific wetland boundary. 

 

In June 2005, OFGAC recommended that the Leitrim Community Design Plan not be approved until certain ecological issues were resolved.  A staff response to an OFGAC concern about an Urban Natural Area in an adjacent development (UNA No. 184) was as follows: 

“An Environmental Impact Statement during the development process will be required for all sites identified in the UNAEES.  For sites that are being recommended for protection, the City will have to acquire the property.”

 

Urban Natural Area is on this Phase 2 site but no Environmental Impact Statement has been prepared.  Section 4.7 of the Official Plan also indicates the need for an EIS under the conditions of this development (plus a new point 7 added in a 2005 OPA).  That gap should be addressed before subdivision approval.  There is no indication on the plan of the location of UNA No 108 and so the assumption must be made that the developer is making no plans to preserve it in any form.

 

There is sensitive wetland immediately south of this proposed subdivision.  The proponent’s plan shows a narrow buffer strip that is uniform in width running to the south of Findlay Creek Road.  The City’s Design with Nature principles would be better met if this buffer zone, which should be composed of plants native to the site, were of a more natural (i.e. irregular) shape.  Nature does not run in straight smooth lines like the plan indicates.  The EIS, when prepared, should clearly indicate how the UNA 108 and the adjacent wetland will be protected now and in the future from any impact from this development (i.e. water drawdown, backflooding, destruction of peat leading to release of greenhouse gases etc.)

 

Concerns have been raised by Albert Dugal and many others about the impact of the entire Tartan development on the Leitrim Wetland and on the Findlay Creek.  Many legitimate concerns have been expressed to the city about damage to the Creek (notwithstanding the involvement of the Department of Fisheries and Oceans in stream protection on Findlay Creek) and damage to trees in the wetland .  Other concerns are similarly not addressed, such as the continued movement of contaminated water from the old landfills to the northwest.  Although contaminants are not within the mandate of OFGAC, it may be prudent for the city to consider the fact that some experts believe that the risk and levels of toxic vapour entry into the basements of these new homes is greater than currently believed.

 

There are some significant trees on the site that should be preserved, most notably in the part of the site described as 2-C-1 and 2-C-2 in the Laroque-Levstek report.  However, the 2-page Preliminary Tree Planting and Conservation Plan is inadequate for this subdivision.  It indicates that some trees should be preserved, but apart from a small drawing indicating their location in only the most general terms, there is no indication of their location in relation to the subdivision plan of streets and lots.  Furthermore, it contains absolutely no information about the kinds of trees that will be planted on the site.  The Plan’s name is a misnomer.  As a consequence, this subdivision plan does not meet the test of a being a part of a “green and environmentally sensitive city” as described in the Official Plan and it shows no regard for the protection of the natural diversity (biodiversity) of the area. 

 

Not only is UNA No 108 not preserved, but all the parks shown on the subdivision plan are small, neighbourhood parks.  There has been no apparent attempt made to retain any natural stands of trees in even the tiniest of woodlots.

 

OFGAC's Recommendations

1.         Require the preparation of an Environmental Impact Statement by an independent consultant.

2.         Require the preparation of a proper tree identification, preservation and planting form.  Any trees planted on the site should be species native to the area and OFGAC can help by providing suggestions.

3.                Preserve the most significant parts of the Urban Natural Area on a passive park/woodland."

 

Staff Response

 

1.         An Environmental Review has been done for UNA site #108.  This UNA site has been rated as low and is not recommended for full protection.  There is a 15 metre buffer area along Findlay Creek which will be retained to preserve the riparian vegetation as recommended.

2.         The Owner must submit a Landscaping Plan prior to final approval for each phase.  This Landscaping Plan shall implement the recommendations of the Preliminary Tree Planting and Conservation Plan and the Environmental Review.  The following two conditions have been included in the draft approval:

            1. Prior to registration of the phase that includes Blocks 181, 182, 183, 184 and part of Block 169, the Owner agrees to prepare, submit and receive approval for a Landscape Plan for the vegetated buffer strips.  Only indigenous trees and shrubs native to Eastern Ontario are to be utilized for all of the vegetated buffer strips.  The said plan is to be prepared by a qualified professional with expertise in a riparian corridor restoration to implement the plan and its recommendations within one year of the registration of the plan, to the satisfaction of the South Nation.

            2. The Owners shall provide a detailed Tree Retentions and Conservation Plan, along with a Detailed Streetscape Landscape Plan and Map Plan and indicate how it is to be implemented to the satisfaction of the City of Ottawa and the South Nation Conservation, including:

            a) Conservation and retentions of vegetation as outlined in the Preliminary Plan - along the existing road allowance, buffer zones along Findlay Creek and building envelope, as shown within the proposed subdivision and individual housing lots.

            b) Specifics about the amount of natural linked vegetation area that will be preserved; connection within pathways and buffer zones;

            c) Plans to follow and be in conjunction with the Design with Nature Principles, as listed in the City of Ottawa Official plan.

 

3.         A recommendation of the Environmental Review is to preserve a portion of the woodlot adjacent to Findlay Creek.

 

 

PUBLIC COMMENTS

 

1.         There were nine written comments received at the February 23, 2006 Public Information Meeting.  The following is a brief summary of the concerns raised by Findlay Creek residents at the meeting.

 

1.                  There has been a change to the Original CDP and the promise of developer that Devonwood would only be accessible to Bank Street via Findlay Creek Drive.  The people at the meeting voiced a strong objection to the extension of Meadowlilly Road northward to be joined with the future Stalward Drive.  This link should be a walkway only and not a road.

2.                  The connection of Analdea to Meadowlilly will result in both increased traffic and speeding down Devonwood

3.                  There is an old dump site behind Devonwood which includes old oil furnaces, oil barrels, car wreckages, cement and re-bar, rusting metal sheds, etc.

4.                  There is a need for a community centre and a park for the older children in this area of Findlay Creek Village.

5.                  The parks should be built before the development is finished and there is a need for more sidewalks and bike paths. 

 

Staff Response

 

1. & 2. Traffic Concerns.  In response to the community concern of this matter, there was a negotiated approach to resolve this matter through the imposition of the following condition noted below to which the developer agreed at the Public Information Meeting.

 

"29.      Prior to the registration of each phase of subdivision, the Owner shall prepare a traffic analysis that will consider the warrants and implemention of traffic calming measures and traffic signalization for the lands subject to the plan registration, as well as for any measures recommended to be installed in Findlay Creek - Stage 1. Prior to the registration of each subdivision plan, the Owner shall post security of the recommended measures of the traffic analysis for that phase."

                     

                       Staff is in support of the road connection as the Leitrim Community Design Plan,

                       the Leitrim - Stage 1 Draft Approval and the registration and construction of

                       Phase 2a (4M- 1230) all identified and were approved based on this road

                       connection.

 

3.         Removal of debris

            There are two draft conditions that address this issue:

            1. The Owner shall provide a Phase 1 Environmental Site Assessment for the

                land subject to this draft approval prior to the registration of the first phase of

               development.

          2.  The Owner shall remove any debris from the site and dispose of the

               debris in accordance with provincial regulations prior to any site works being

               undertaken.

 

 These two draft conditions ensure that if there are potential environmental concerns raised, proper mitigation measures would be undertaken prior to the development of any land within the draft approval area.

 

4.         The need for a community centre within Findlay Creek Village.

The Ward Councillor committed to discussing the need for a community centre with the developer and the City's Park and Recreation Department has been made aware of these issues. 

 

2.         Albert Dugal submitted three sets of comments which are detailed below based upon the 

            date they were submitted:

 

            Comments dated December 17, 2005

"Re: FINDLAY CREEK VILLAGE PHASE 2 COMMENTS

According to the location map, Phase 2 of Findlay Creek Village consists of 3 blocks:

a) an northern block, north of existing constructed housing;

b) a western block that abuts Albion Road; and

c) a southern block located south of Findlay Creek.

My comments will be geared to each of these blocks and to some important relevant issues.

 

NORTHERN BLOCK

 

The Google 2004 colour satellite photograph indicates that much of this area consists of long-abandoned (probably 1970's according to aerial photos) farm fields that are now covered with early succession vegetation - herbaceous plants, shrubs and young trees. There are some patches of young trees in the eastern half of the block which probably contain some old hedge row trees (visible in 1945 aerial photos). These should be saved and incorporated into the subdivision - this is the "designing with nature" concept espoused by the Official Plan. There could be some significant plant species in the poorly drained western third of the block. There might be the potential for adverse, long-term health effects from migrating toxic wastes, in this low-lying part of the proposed housing tract.

 

WESTERN BLOCK

 

Development of the western block will engender adverse environmental effects including:

a)         loss of important vascular plant species . There are 10 species of Regionally Significant plants in this block. These include Sandberg's Birch (Betula x sandbergii*), Downy Willow- herb (Epilobium strictum*), Spiny Coontail (Ceratophyllum echinatum*), Long-leaved Chickweed (Stellaria longifolia), Common Beggarticks (Bidens vulgatus*), Canada Manna Grass (Glyceria canadensis), Prairie Sedge (Carex prairea), Broom Sedge (Carex scoparia), Autumn Willow (Salix serissima), and Hairy Buttercup (Ranunculus pensylvanicus).

As you are probably aware, it is the responsibility of the City to protect Regionally Significant plants as defined in APPENDIX A - Vascular Plants of the City of Ottawa, with Identification of Significant Species (by Daniel Brunton) of the URBAN NATURAL AREAS ENVIRONMENTAL EVALUATION STUDY.

 

At least 35 species of Uncommon native plants also occur in this block (see Appendix A), a rather impressive number and an indicator of an important natural area. As Daniel Brunton states in Appendix A of the Urban Natural Areas Environmental Evaluation Study; " 'Uncommon' taxa are found only occasionally within suitable habitat, often in small numbers.  The habitat of 'Uncommon' species is often geographically limited as well".

* These important species only occur in this part of the actual wetland. Their loss will entail a diminishment of the biodiversity of this remarkable wetland ecosystem.

b)         loss of prime wetland. The wetland area in this block contains a good diversity of wetland plant communities and a rich flora. It is an integral part of the scientific Leitrim Wetland (as defined by the OMNR in 1989) and its loss will adversely effect the wetland's functions, biodiversity and animal populations.

c)         loss of natural transition zone. From the standpoint of wetland protection, the boundary determined by the OMNR and OMB represents the loss of a natural transition zone between the wetland core and the surrounding drier lands. As Dr. William Nuttle, an expert wetland hydrologist, stated in a letter to me: "Experience in the Great Lakes Wetlands, where the transition zone brackets the annually shifting boundary between wet and dry conditions, suggests that this zone is the location of the greatest diversity of species in the wetland". This also appears to be the case for the Leitrim Wetland.

d)         implication of long-term adverse health effects due to migrating toxic wastes from the old Gloucester Landfill. Daniel Green, the Scientific Advisor to the Sierra Club of Canada, carefully analyzed the Area Wide Risk Assessment prepared for Transport Canada and determined that it was seriously flawed, echoing concerns voiced by other experts. Does the City adhere to the Precautionary Principle??

e)         severe degradation or possible destruction of the "protected" wetland. Experts had warned of serious consequences from the by-pass ditch, namely widespread water table draw down due to excessive water leakage through the permeable substrates and back flooding behind the berm. There has already been extensive back flooding of the "protected" wetland caused by the berm along the ditch dug in the by-pass ditch area. Many trees and undoubtedly most of the herbaceous plants in the flooded area have already been killed. The plan to put a new channel for Findlay Creek in the area slated for the by-pass ditch will cause widespread water table lowering. This concern also has an historical basis. Ditching schemes prior to 1920 caused a rapid shrinkage of the once extensive, open northern fen. The deepening of Findlay Creek affected the water table for over 300 metres to the south. The new Findlay Creek channel will most likely have the same effect, causing massive negative impacts to this unique wetland.  The Leitrim Wetland is an inclined wetland, sloping primarily from south to north and west to east. The subdivisions within the actual wetland boundaries (as defined by the OMNR in 1989 and1991) are located in the lowest parts. The drainage required to construct the housing will, in effect, create a giant sump pump hole. As water flows down hill (unless the laws of physics have been changed by the City), and as the substrates are reasonably permeable, excessive leakage from the wetland is to be expected (similar to or worse than what happened after the ditching schemes prior to 1920).

f)          loss of carbon sinks and "greenhouse" gas absorption capability. The destruction of wetlands releases large amounts of carbon dioxide, methane and nitrous oxides --- all greenhouse gases! Much of the wetland areas slated for destruction are underlain by peat --- a carbon sink. Woodlands are also carbon sinks and their destruction will release more carbon dioxide into the atmosphere. Removal of these carbon sinks decreases the City's ability to remove "greenhouse" gases. Kyoto Protocol? Smart Growth??

g)         decline in abundance of wildlife species. The destruction of the wetland and woodland areas will result in a noticeable decline in local wildlife, especially birds, and the biodiversity of the area will be diminished because certain species are restricted to the areas slated for urbanization.

h)         loss of forest cover. An objective of the Official Plan calls for an increase in forest cover. How can this be achieved when the City is actively promoting woodland destruction here and across the municipality?  There is a substantial area of urban woodland that has not yet been assessed. (I have provided the City with descriptions of the various components of the woodland plus a plant list - derived from my intensive study of the area).  Much of the western block is part of the Leitrim Wetland ANSI. (Refer to Figure 2, page 4, in the Canadian Environmental Assessment Act Screening Report for Creek Reconstruction, Stormwater Management , Findlay Creek, City of Gloucester (Leitrim External Storm System).I have pasted most of the Natural Heritage Information Centre report on the Leitrim Wetland below (this information has not been included in this Report).

 

SOUTHERN BLOCK

 

The southern block contains wetland areas as well as a woodland which contains a population of the Nationally Endangered Butternut, Juglans cinerea. The obvious wetland areas should be complexed with the nearby Leitrim Wetland. The Butternut trees should be protected.  The woodland** also contains an abundance of old trees ranging up to 175 years in age. Still evident are the remains of 200 year old American Elms killed decades ago by Dutch Elm disease. The section of the woodland extending from the present day channel of Findlay Creek to the original creek channel is predominantly wetland and is the most biodiverse part of the woodland, containing at least 21 species of uncommon native plants. Much of this woodland should be preserved especially the wetland section with the old trees and the cedar section along Bank Street which would provide an effective visual and noise buffer. The woodland on the south side of the present day Findlay Creek channel shades and cools the waterway. The woodland is a carbon sink and its destruction would release "greenhouse" gases. Its removal would also decrease forest cover, contravening the objective of the Official Plan to increase forest cover.  According to Figure 2 of the DFO CEAA Screening Report, the western third of this block is part of the Leitrim Wetland ANSI

** This urban woodland was not evaluated in 2003 and requires an ecological condition check. I have provided the City with a plant list of the woodland, a description of its various components and a tally of old trees observed.

 

IMPORTANT RELEVANT ISSUES

 

DEFICIENT CONSULTANTS REPORTS

The various reports produced by the consultants to date have failed to provide the necessary proof that the remainder of the wetland will survive in its present state and biodiversity following development within its actual boundaries. I have been keeping "score" on the contents of the various reports. So far it's independent experts 8, consultants 0. Contrary to consultants' original claims:

1.                  the hydrogeology is poorly understood;

2.                  the bedrock and overlying substrates are hydrologically connected;

3.                  there is deep upwelling/artesian activity;

4.                  the bedrock and overlying substrates are quite permeable - especially the fractured bedrock;

5.                  the bypass ditch will negatively impact the adjacent wetland, lowering the water table (for at least 50 metres according to the latest consultant's report);

6.                  the berm along the by-pass ditch will cause back flooding in the "protected" wetland - extensive back flooding has already occurred behind the berm along the ditch dug in a portion of the by-pass ditch area killing many cedar trees and other species of plants;

7.                  the stormwater ponds will cause excessive water leakage from the wetland. The necessity to move the Tartan and Remer stormwater ponds out of the actual wetland to the east side of Bank Street validated this concern; and

8.                  the toxic wastes are already under the Tartan property. ( In 1990 environmentalists were told that it would take 30 or more years for toxic material from the former Gloucester Landfill to reach Albion Road. In 2002 it was acknowledged that 1,4 dioxane "has migrated in the bedrock as far as approximately 300m east of Albion").  It does not take an inordinate amount of knowledge to realize that the destruction of 25% of a wetland - including its lowest parts - will result in the loss of wetland functions and probable widespread water table lowering.*

 

* As stated by T. C. Winter in A Conceptual Framework for Assessing Cumulative Impacts on the Hydrology of Nontidal Wetlands**: "Because the hydrologic system is a continuum, any modification of the continuum will impact contiguous parts. Therefore, modification of the hydrologic system is a self-perpetuating process, because the solution to one problem generally creates a problem for the contiguous area, which in turn must be modified. The seriousness of the impact commonly is related to scale. One well or one landscape modification generally has only local effects, but multiple modifications or development can have extensive impacts". Considering the size and position of the proposed development, extensive negative impacts are to be expected.

 

** Environmental Management, Vol. 12, No.5, pp. 605 -620.

The only way to guarantee the long-term survival of the provincially significant Leitrim Wetland is to maintain or enhance present water levels. A credible Environmental Assessment of this phase is required, especially in light of the deficient, erroneous DFO CEAA Screening Report.

 

LACK OF A CREDIBLE MITIGATION PLAN

 

The apparent lack of an updated, comprehensive mitigation plan ( environmental groups have not been afforded access to the new stormwater management system plans ) to offset expected, extensive, water level lowering in the wetland due to the adjacent Stormwater Management area (the former Tartan by-pass ditch and proposed new Findlay Creek channel), the proposed Remer by-pass ditch and internal drainage systems, is quite disturbing and contravenes the DFO screening report.

 

As indicated in the letter from Dr. Frederick Michel, Associate professor of Earth Sciences, and Institute of Environmental Science, Carleton University, to the Minister of Fisheries and Oceans, dated July 11, 2003, NRCAN had advised DFO "that they believed that analysis and reporting of ground and surface water flow data and modeling provided by the Proponent was insufficient to determine the effects of the Project on the Leitrim wetland and Findlay Creek.........Although NRCAN subsequently signed off, this was based on the proponent following through with the EMP with guarantees and assurances of compliance". As far as we know, it now appears that the City has conveniently forgotten these conditions.

 

LACK OF CREDIBLE PRE-DEVELOPMENT DATA

There is a lack of credible pre-development data that can be used to assess any wetland damage or excessive water leakage caused by the stormwater management system, the by-pass ditches and the internal drainage system. Such data would include seasonal water flow rates (from Findlay Creek at Bank Street; from the ditch west of Albion Road; from the flowage; from a point just below the outlet of the new stormwater pond; etc.), exact peat depths along the development perimeter and within the wetland core (to determine long-range peat wastage rates), detailed descriptions of plant communities in the wetland (to determine changes in species make up) and a series (substantial number) of water table monitoring devices along the development perimeter.

 

So far the proponent, the City of Ottawa, has conveniently ignored the necessity of acquiring credible pre-development data knowing that it will be difficult to assess negative impacts caused by subdivisions without this crucial information. In fact, the City has already altered part of Findlay Creek west of Bank Street and allowed the destruction of a fish-bearing ditch (which was a tributary of Findlay Creek) thereby ensuring that any data collected will not reflect actual pre-construction conditions. As Dr. Michel stated in his July 13, 2003 letter to the Minister of Fisheries and Oceans :"The intention of the City to proceed with construction and to monitor for changes in water levels and the identification of 'triggers' is meaningless without first completing a proper baseline study. One cannot undertake a baseline study and construction simultaneously, as construction could cause changes to the system (thus the reason for post-construction monitoring). The baseline study is required first to set the standards against which to analyze the monitoring data. Only then can there be the development of meaningful triggers to be employed with a proper monitoring program".

 

The only pre-development "data" of which I am aware, is the woefully inadequate Baseline Monitoring Program undertaken for the City of Gloucester in 1998. It is misleading in places, covers less than a year (most of the data comes from a 6.5 month period extending from April 21 to November 5, 1998) and lacks water flow, temperature and erosion data from the spring snow melt when water flows and erosion are usually at their peak. The data acquired are, for the most part, insufficient to support the conclusions set out in the report. Even the City agrees the data is inadequate. An acceptable baseline monitoring program would cover a period of 3 to 5 years, the latter timeframe being preferable due to the climatic conditions experienced over the past several years.

 

There were, according to an e-mail (dated 12 December 2005) from Andy Smith of the Department of Fisheries and Oceans (DFO), four monitoring stations set up last March. Their purpose is: "to gauge flows for the design of the new Findlay Creek Channel". When is the City going to initiate a study to acquire credible, pre-development baseline data as required by the DFO CEAA Screening Report.

 

CONCLUSION

 

From an environmental viewpoint , much of Phase 2 rates very poorly, contributing to local and global life-support system degradation and probably posing long-term health risks to many of the future residents. Surely, in the 21st century, Ottawa could do a much better job of designing an environmentally sustainable development. Perhaps the City could actually follow the directives in its Official Plan with respect to environmental protection, especially considering the high natural heritage value of the Leitrim Wetland.***

 

***According to Appendix A, Attachment 4, of the City's Urban Natural Areas Environmental Evaluation Study (2005), the actual (scientific) Leitrim Wetland has 47 species of Regionally Significant vascular plants - ranking it in the top five natural areas in the City and, the second most important natural area east of the Rideau River. This ecosystem has more Regionally Significant vascular plants than the South March Highlands, the Constance Bay Sandhills, the Burnt Lands, the Carp Hills etc.. It also harbors an extremely rich moss flora (143 species), impressive biodiversity and amazing complexity (ranging from moist old fields through a variety of wetland woodlands, patches of old growth trees, beaver ponds, assorted waterways and three small open fen areas). It is undoubtedly one of the City's "Crown Jewels" and this proposed development will severely degrade or possibly destroy this remarkable ecosystem.

 

Staff Response

 

The Leitrim Wetland boundaries as established by an 1991 Ontario Municipal Board Hearing, enacted through a 1992 Gloucester Official Plan Amendment and further confirmed by the Council Approved City of Ottawa Official Plan May 2003.

 

The Leitrim Community Design Plan which was approved July 13, 2005 reviewed all aspects of the Leitrim Wetland and confirmed the division between the urban area and the provincially significant wetlands.  This is the same limit as set out in the City Council Approved Plan.  The draft approval of the first phase of development for the Leitrim area in July, 2003 was based on this limit.  This draft approval conforms to these previous planning approvals.

 

The Urban Natural Areas Environmental Evaluation Study methodology and results of evaluating 114 sites across the City was approved by Planning & Environment Committee and Council in May and June of 2005.  An addendum to this study with results of an additional 63 urban forested sites evaluated in 2005 will be considered by Planning and Environment Committee on June 27, 2006.  A proposed strategy for implementation of this final study is to be considered in by Planning and Environment Committee in August 2006.  With the upcoming consideration of this strategy, as tabled with Planning and Environment Committee on May 24, 2005, staff will be recommending the protection of moderate and high ecologically rated urban natural features, where feasible, based upon existing planning decisions, the status of the site and available resources for securement.  For privately owned urban natural areas with a low ecological rating, such as the Findlay Creek Woods, the suggested approach is to promote environmental stewardship to help achieve our forest cover target.

 

UNA site #108 has been rated as low and is not recommended for full protection.  There is a 15 metre buffer area along Findlay Creek which will be retained to preserve the riparian vegetation as recommended in the Environmental Review by Muncaster Environment Planning.

 

 

Comments dated December 19, 2005

"I should have indicated, for your convenience, the site numbers for the woodland areas in Phase 2. According to the UNAEE colour map the site number for the woodland in the western block of Phase 2 is 106. Only the lower (southern) half of site 106 is in phase 2. This woodland area was not evaluated in 2003.The woodland area in the southern block of Phase 2 is site number 108. It was also not evaluated in 2003 and requires an ecological condition check. As mentioned in my e-mail of 17 December, 2005, I have provided the City with descriptions and plant lists of these woodland areas."

 

Staff Response

 

There is no portion of UNA site #106 within the subject lands.  As part of the Leitrim Community Design Plan process, a portion of originally proposed UNA site #106 was removed as this portion of the UNA site was assessed as having development status.

 

Comments dated December 21, 2005

"On page 6, Conclusion section, of my 17 December 2005 comments, I used the number of Regionally Significant plants (47) for the Leitrim Wetlands that was in the draft form of Appendix A. The final, revised form of Appendix A lists 56 species of Regionally Significant plants for the Leitrim Wetlands. This includes all of the actual wetland as delimited by OMNR in 1989 and 1991.

 

I have pasted to this e-mail the list of all natural areas with 20 or more species of Regionally Significant plants. This might be an aid to the City planners. It should be noted that all natural areas have not been equally assessed for plant species. Therefore some areas might have more Regionally Significant plants than noted. Also some very large areas like the Marlborough forest, consisting of several different ecosystems, would be expected to have many species of Regionally Significant plants."

 

 

Staff Reponse

 

The list of Regionally Significant plants for the Leitrim Wetlands have been forwarded to South Nation Conservation, who are to be the eventual owners of the Leitrim Wetlands as determined at the time of the draft approval for the first stage of development in July 2003.

 

3. Comment dated December 20, 2005 from a member of the public

 

"I wish to associate myself with the objections raised by Albert Dugal and others against the Phase 2 development of the Leitrim Wetland.

 

As you aware there has been a large amount of correspondence on this subject, so I will only mention the main points at issue:

 

There has been no refutation of the points made by the Sierra Club to the City Planning Committee during the summer about the inadequacy of the AWRA conducted by Franz Environmental

 

There are already rumours of basement flooding in the houses  being constructed by Tartan,  validating claims made by environmentalists about the porous and unstable nature of the bedrock.

 

There has been no answer given by the City's health department, which was warned last year of the risk to health from the Gloucester Landfill Site.

 

Some degradation of the wetland is already apparent,  and the City does not appear to have developed sufficient mitigation measures to halt it."

 

Staff Response

 

The City has received no information related to the flooding of basements in the Findlay Creek Village Area.

 

Charles Goulet, District Engineer, Ottawa District MOE Office has stated the following:  "Even though the MOE review of the AWRA is not completed, I have no concerns with respect to the issues associated with the Gloucester Landfill expressed in this comment."

 

The City, South Nation Conservation, Fisheries and Oceans Canada are involved monitoring construction activity as allowed under various permits and approvals in the Leitrim.

 

4. Comment dated February 24, 2006 from member of the public

 

"I am writing with regard to the Leitrim / Findlay Creek phase 2 proposal.  In my opinion, it is highly possible that groundwater contaminated by the neighbouring Gloucester Landfill toxic waste site is presently being cleansed by the peat existing in the Leitrim class 1 wetland. Removal of this peat to make way for houses will remove a potent protective feature from the landscape. Moreover, the new homeowners will be at risk because toxic chemicals will infiltrate the soil and the basements, exposing people (especially children and the unborn) to carcinogenic vinyl chloride and 1,4-dioxane, as well as other chemicals.

 

At the Area Wide Risk Assessment open house, information was presented that many pollutants, including the carcinogens vinyl chloride and 1,4-dioxane were found in the groundwater up to the boundary of the wetland.  Dioxane is unique among the Gloucester list of 20+ chemicals, in that it is miscible with water and will not be bound in the organic soils - i.e. the peat.  The other chemicals would be bound by the peat.  In fact, wetlands and peat are famous for their ability to cleanse water by absorbing toxic chemicals.  The peat has never, to my knowledge, been analysed for toxic chemicals. 1,4-dioxane is very mobile in groundwater.  It is a known animal carcinogen and a probable human carcinogen.  Please find attached the submission that I made with regard to the community plan.  The US EPA considers 1,4-dioxane an immediate public health threat if levels are in the 600 ppb range.  The EPA's Superfund program has a clean up goal of 6 ppb, which is considered protective of human health for long term exposure. The water treatment objective for Transport Canada's pump and treat system is 66.5 ppb.

 

On October 30, 2001, a water sample was taken from the area slated for development in phase 2.  It contained over 8,000 ppb 1,4-dioxane.  The highly polluted water sample was obtained at a time when the lands were so wet that sampling was impossible in many of the other monitoring wells in the area.  This was a fortuitous sample, taken at a time when unusual hydrogeological conditions evidently forced highly contaminated water from deep in the fractured bedrock closer to the surface.  Fractured bedrock is characterised by many random channels that may or may not be connected.  Evidently, by sheer chance, a fracture connects the base of the "Special Waste" area to the bore-hole in the proposed development.  It would be naïve and irresponsible to assume that this is a single, unique phenomenon.  We must assume that lurking in some fractures in the bedrock under the proposed development is highly polluted water that has escaped the "pump and treat" system in place at the landfill site.  The observed concentration of 8,000 ppb is not out polluted water that has escaped the "pump and treat" system in place at the landfill site.  The observed concentration of 8,000 ppb is not out of line with the 3,500 ppb that has been observed in water pumped for treatment from lands surrounding the Special Waste area.

 

After the extraordinarily polluted sample was analysed and the concentration verified by an independent laboratory, more samples were taken.  However, no further samples were obtained during extremely wet conditions.  Since the conditions have never been replicated, it is not surprising that the observed concentration has not been replicated.  However, a basement sitting atop one of these fractures in the bedrock will still be there when very wet conditions reoccur.  What will happen to a child when pollutants seep through the concrete, bubble up in sump holes and rise through soils in yards and vegetable gardens?

 

An Area Wide Risk Assessment was conducted for Transport Canada (the owners of the Gloucester Landfill site), in an attempt to answer this question.  It concluded that 1,4-dioxane in groundwater was not of concern until it exceeded 50,000 ppb.  This conclusion is wildly out of line with EPA standard (6 ppb), as well with California (4 ppb) standards.  In fact it is flatly wrong, because it was based upon incorrect modelling of vapour intrusion into basements.  The model used was out of date, and assumptions were not realistic.  This was clarified on behalf of the Sierra Club of Canada, by the consultant Daniel Green.  A summation of his work, that I presented previously Council, is attached.  I understand that it was not circulated in relation to the present phase of this development, so please remedy this omission..

 

The Phase 2 development is closest to the toxic waste site, and thus represents a greater risk of children playing in toxic basements.  At one point during the Community Planning, this area was slated for commercial and industrial development on concrete slabs with no basements, because of proximity of the airport.  Changes to airport setbacks led to plans for residential development.  In fact, any development that will remove the peat and alter the water flow will increase the probability that people in existing or presently approved homes will be exposed to toxic chemicals.  The highest and best use of this property is to contain and cleanse the toxic waters that upwell during wet periods, and to protect existing homes in the Tartan development.  The City of Ottawa should deny any and all planning approvals for change of landuse for Findlay Creek village phase 2.

 

May I please have copies of the reports of groundwater cleanup and monitoring for these lands, for the past five years?  Please add me to the circulation list for items regarding the Tartan and Remer developments, as well as the possible rail yard, and any other developments that will have an impact on the Leitrim class 1 wetland."

 

Response from Charles Goulet, District Engineer, MOE Ottawa District Office

 

Even though the MOE review of the AWRA is not completed, I have no concerns with respect to the issues raised by above.

 

1,4-Dioxane is the most mobile organic chemical found in the GLS leachate and thus, will be found well in advance of other volatile organic compounds. It is sensitive to ultraviolet light and it is expected that upon exposure to sunlight it will get destroyed. If on the other hand, it does not get exposed to sunlight (as it would happen IF it was ever transported under someone's house... which is not the path of least resistance based on the hydrogeology of the Findlay Creek Village) then one has to look at the potential for partitioning between groundwater and a building's indoor air: on one hand, the solubility in water being very high, is an indication that 1,4-Dioxane would have a preference to stay in groundwater; there are other physico-chemical parameters (e.g. Henry's Law constant and others) that I need to look at. In the end, the concentrations found at monitoring wells near Albion Road have been so low (based on reports received to date by this office) that even when transferred to indoor air, there are other common household products that would have a higher impact than what would be generated (if any) by 1,4-Dioxane.

 

Response from Heather Osborne, Manager, Environmental Evaluation & Mitigation, Transport Canada

 

1.         Requested copies of the Gloucester Reports have been sent.

2.         There is no need to modify any conclusions of the Area Wide Risk Assessment (AWRA) report by Franz Environmental

 

5. Greenspace Alliance of Canada’s Capital  dated December 21, 2005

"This phase of the construction of Findlay Village continues the imposition of adverse effects from development in the Leitrim area. We highlight the following:

 

Western Block

 

There are ten (10) Regionally Significant plants in this block, of which four (4) appear only in this part of the wetland. In addition, there are at least 35 Uncommon native plants here. This information can be gleaned from the UNAEE Study, Appendix A, so we trust you are familiar with it. (We attach a recent exchange of correspondence with Mr. Ned Lathrop on the subject of the UNAEE study.)

 

Much of this Block is part of a 250 ha area designated ANSI-LS (refer to National Heritage Information Centre data on Area # 1001 - Albion Road Wetland). Need we remind you that the Leitrim area is one of the most biodiverse in Ottawa's urban area.

 

Even if one accepts the boundaries of the Leitrim Wetland as defined by the OMB, then development of this Block means the loss of an important transition zone. It is a well-established scientific fact that transition zones are typically the location of the highest degree of biodiversity and that is borne out here.

 

The woodland of this Block, Area #106 of the UNAEE study, was not evaluated in 2003. Has the evaluation taken place since? If so, we would be pleased to receive the results from you. If not, this should be done first, before development approvals are processed.

 

The recently constructed by-pass ditch for the Tartan development has already caused visible flooding and loss of trees, fully consistent with predictions made by critics of earlier studies and contrary to what the studies wanted one to believe. The danger that the so-called protected wetland will be lost remains.

 

We also note that concerns have been raised about possible potentially harmful displacement of underlying toxic substances that could be hastened by the proposed development; we hope that the City shows due diligence in ensuring that these concerns are properly investigated and that the results of such investigation be shared with all, and that any necessary steps be taken, if needed, to quell those concerns.

 

In conclusion, most if not the whole of this Block should not be developed. If not yet done, then an environmental evaluation of Area #106 should take place first. The precautionary principle should rule the potential for contamination.

 

Southern Block

 

The Southern Block contains wetland as well as wooded areas. There is a population of Butternut there, a species on the SARA Endangered list. The strategy for Butternut recovery is that as many populations as possible should remain intact, in the hope of finding specimens that are resistant to the canker. The woodland also contains many old trees, some likely as old as 175 years. We need not remind you of the Official Plan objective of *increasing* the city's forest cover, not destroying it.

 

The woodland in this Block is Area #108 of the UNAEE study. Has the Ecological Conditions Check been done since the Report was approved by Council?

 

The western part of this Block is part of the aforementioned ANSI.

 

In conclusion, most if not the whole of this Block should not be developed.

 

Northern Block

 

This is mostly long-abandoned farm land, though there is an opportunity to 'design with nature' (another Official Plan objective) by incorporating the mature hedgerow trees.

 

In conclusion, this Block may be suitable for development.

 

We look forward to your report to Council. Do let us know if the prospective date of February 28 for P&EC's Agenda changes."

 

Staff Response

 

The division between the provincially significant wetlands and the urban boundary was reviewed Leitrim Community Design Plan process and was approved July 13, 2005.  This is the same development limits as set out in the City Council Approved Official Plan.  The draft approval of the first stage of development for the Leitrim area was approved in July, 2003 is based on this limit and this second phase draft approval conforms to these previous planning approvals.

 

UNA site #108 has been rated as low and is not recommended for full protection.  There is a 15 metre buffer area along Findlay Creek which will be retained to preserve the riparian vegetation as recommended in the Environmental Review by Muncaster Environmental Planning.  The final Tree Protection and Preservation Plan will identify the presences of butternut as this species was not identified in the Urban Natural Area Environmental Evaluation Study (UNAEES) for UNA #108 - Findlay Creek Woodlot. 

 

There is no portion of UNA site #106 within the subject lands.  As part of the Leitrim Community Design Plan process, a portion of originally proposed UNA site #106 was removed as this portion of the UNA site was assess as having development status.

 

This development lands are in close proximity to the former Gloucester Landfill site.  A peer-reviewed Area Wide Risk Assessment concluded that "environmental conditions associated with the Gloucester Landfill do not represent either human health or ecological risk to current and future land use in the community."

 

6. The Sierra Club of Canada dated February 23, 2006

 

"The Sierra Club of Canada has a number of concerns about this phase of Findlay Creek Village, dealing primarily with the western and southern blocks. Western Block

1.                  Contains a large area of prime wetland as defined by OMNR in 1989.

2.                  2. Contains a large woodland area, which, based on the number of Regionally Significant and Uncommon species, should be rated as high in the Urban Natural Areas Environmental Evaluation Study. This woodland is habitat for many songbirds. Its removal would also decrease forest cover, contravening the objective of the Official Plan to increase forest cover.

3.                  There are 10 regionally Significant vascular plant species, 4 of which occur only in this part of the wetland. It is the City's responsibility to protect these plants. There is also at least 35 uncommon species of plants. Such a large number is an indication of an important natural area.

4.                  This area is closest to the old toxic dump on transport Canada lands. According to a 2002 Transport Canada report, 1,4 dioxane, a probable carcinogen, is at least 300 metres east of Albion Road in the proposed development area. It is estimated that this material is moving eastward at 54.75 metres a year, so it could now be 450 metres east of Albion Road.

5.                  It is interesting to note that Transport Canada 1 finally acknowledged that:  "All groundwater from the site would be expected to enter the Findlay Creek system prior to reaching Bank Street".  This report plays down the fact that a lot of the groundwater from the Gloucester Landfill Site and Special Waste Compound is discharging and upwelling in the proposed subdivision area east of Albion Road!

6.                  A review by toxicologist Daniel Green for the Sierra Club of Canada has raised very serious doubts about the validity of the Area Wide Risk assessment that was performed for Transport Canada and which concluded that all's well.

7.                  Independent experts have warned that development in this wetland area will likely cause extensive water table lowering in the adjacent "protected" wetland. Past drainage enhancements circa 1920 caused extensive water table lowering that extended over 300 metres south of the presently Findlay Creek channel and at least 500 metres west of Albion Road.  Based on this direct evidence from the wetland and the permeable substrates, extensive water table lowering is expected.  The long-term existence of the wetland could be put at risk.

8.                  The proponents had promised that water levels in the protected wetland would remain the same. This promise has already been violated as evidenced by extensive back flooding of the "protected" wetland in the Tartan by-pass ditch area, which has killed many trees and some Regionally Significant plants.

9.                  The destruction of wetlands releases large amounts of carbon dioxide, methane and nitrous oxides ---all greenhouse gases! Much of the wetland areas slated for destruction are underlain by peat ---a carbon sink. Woodlands are also carbon sinks and their destruction will release more carbon dioxide into the atmosphere. Removal of these carbon sinks decreases the City's ability to remove "greenhouse" gases. Kyoto Protocol? Smart Growth??

 

Southern Block

1.         There is an impressive woodland area containing an abundance of old trees ranging up to 175 years in age. The section of the woodland extending from the present day channel of Findlay Creek to the original creek channel is predominantly wetland and is the most biodiverse part of the woodland, containing at least 21 species of uncommon native plants and a population.  Much of this woodland should be preserved especially the wetland section with the old trees and the cedar section along Bank Street which would provide an effective visual and noise buffer. The woodland on the south side of the present day Findlay Creek area that contains many century plus trees and a population of the Nationally Endangered Butternut, Juglans cinerea. It is the City's responsibility to protect these endangered Butternut trees. The developer has already cut down the southern part of the forest, thus decreasing forest cover and contravening the objective of the Official Plan to increase forest cover."

 

Staff Response

 

The division between the provincially significant wetlands and the urban boundary was reviewed Leitrim Community Design Plan process and was approved July 13, 2005.  This is the same development limits as set out in the City Council Approved Official Plan.  The draft approval of the first stage of development for the Leitrim area was approved in July, 2003 is based on this limit and this second phase draft approval conforms to these previous planning approvals.

 

8. The Ottawa Field-Naturalists’ Club Conservation Committee dated December 23, 2005+

 

Regarding Tartan's Phase 2 development, the Ottawa Field-Naturalists' Club over many years, going back well before 1990, communicated with the Regional Municipality of Ottawa-Carleton, the City of Gloucester, and with the amalgamated City of Ottawa, presenting evidence that the Leitrim Wetlands should not be developed.

 

The City has been receiving updates on the situation by Albert Dugal, and also by the Sierra Club of Canada. Warnings issued by independent experts over the years have proven to be correct. The remaining Leitrim Wetlands are now, as predicted, at high risk of degradation by altered water table levels. Drainage operations in permeable subsoils and fractured bedrock are also expected to increase the rate of toxic migration, as the City has been repeatedly warned.

 

The City appears to be continuing on an unwise path. Natural heritage values are likely to be impaired, and questions as to the City's legal responsibility for eventual problems are not going to go away.

 

Staff Response

 

The Leitrim Wetland boundaries as established by a 1991 Ontario Municipal Board Hearing, enacted through a 1992 Gloucester Official Plan Amendment, further confirmed by the Council Approved City of Ottawa Official Plan and re-confirmed as part of the Leitrim Community Design Plan July 13, 2005 is being upheld by this Draft Approval.