2. zoNING - 5599 First Line Road

zonage - 5599, chemin first line

Committee Recommendations

(This application is not subject to Bill 51)

That Council:

1. Approve an amendment to the former Township of Rideau Zoning By-law to change the zoning of 5599 First Line Road from "A1" (Restricted Rural), "EP" (Environmental Protection) and "D" (Development) to "RV-32 " (Village Residential Exception 32), "RV" (Village Residential), "EP" (Environmetal Protection) and "OS" (Open Space) as shown in Document 1 and detailed in Document 2.

2. Approve an amendment to the new Comprehensive Zoning By-law to change the zoning of 5599 First Line Road from (DR1) - (Development Reserve Zone) to (VIP [---r] - (Village Residential First Density, Subzone P), (VIP) - Village Residential First Density, Subzone P and (O1) - (Parks and Open Space), as shown in Document 1 and detailed in Document 2.

Recommandations du comité

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

Que le Conseil :

1. Approuve une modification au Règlement de zonage de l'ancien Canton de Rideau visant à faire passer le zonage de la propriété située au 5599, chemin First Line de A1 (zone rurale d'aménagement restreint), EP (zone de protection de l'environnement) et D (zone d'aménagement) à RV-32 (zone résidentielle de village, exception 32), RV (zone résidentielle de village), EP (zone de protection de l'environnement) et OS (zone d'espaces libres), comme l'illustre le document 1 et le précise le document 2.

2. Approuve une modification au nouveau Règlement de zonage général visant à faire passer le zonage de la propriété située au 5599, chemin First Line de DR1 (zone d’aménagement différé) à VIP [---r] (zone résidentielle de village de densité un, sous-zone P), V1P (zone résidentielle de village de densité un, sous-zone P) et O1 (zone d'espaces verts et de parcs), comme l’illustre le document 1 et le précise le document 2.

Documentation

1. Deputy City Manager's report (Planning, Transit and the Environment) dated
27 May 2008 (ACS2008-PTE-PLA-0125).

2. Extract of Draft Minute, 12 June 2008.

Report to/Rapport au :

Agriculture and Rural Affairs Committee

Comité d'agriculture et des questions rurales

and Council / et au Conseil

27 May 2008 / le 27 mai 2008

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager

Directrice municipale adjointe

Planning, Transit and the Environment/

Urbanisme, Transport en commun et Environnement

Contact Person/Personne Ressource : Grant Lindsay, Manager/Gestionnaire, Development Approvals/Approbation des demandes d'aménagement,

Planning Branch/Direction de l'urbanisme

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

Rideau–Goulbourn (21)

Ref N°: ACS2008-PTE-PLA-0125

SUBJECT:	ZONING - 5599 First Line Road (FILE NO. D02-02-05-0165)

OBJET :	ZONAGE - 5599, chemin first line

REPORT RECOMMENDATIONS

That the Agriculture and Rural Affairs Committee recommend Council:

RECOMMANDATIONS DU RAPPORT

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

1. D'approuver une modification au Règlement de zonage de l'ancien Canton de Rideau visant à faire passer le zonage de la propriété située au 5599, chemin First Line de A1 (zone rurale d'aménagement restreint), EP (zone de protection de l'environnement) et D (zone d'aménagement) à RV-32 (zone résidentielle de village, exception 32), RV (zone résidentielle de village), EP (zone de protection de l'environnement) et OS (zone d'espaces libres), comme l'illustre le document 1 et le précise le document 2.

2. D’approuver une modification au nouveau Règlement de zonage général visant à faire passer le zonage de la propriété située au 5599, chemin First Line de DR1 (zone d’aménagement différé) à VIP [---r] (zone résidentielle de village de densité un, sous-zone P), V1P (zone résidentielle de village de densité un, sous-zone P) et O1 (zone d'espaces verts et de parcs), comme l’illustre le document 1 et le précise le document 2.

BACKGROUND

The subject site located at 5599 First Line Road within the Village of Manotick on the east side of First Line Road, south of Bankfield Road. A Zoning By-law amendment application has been submitted to facilitate the development of a proposed plan of subdivision. The draft plan of subdivision forms a portion of the overall Council approved Manotick Special Design Area (SDA) Concept Development Plan (CDP) and Environmental Management Plan (EMP).

The site has an area of approximately 12.4 hectares and 203 metres of frontage on First Line Road. The property has been vacant for a number of years with an abandoned brick structure still standing adjacent to First Line Road. Lands to the north and south of the site are currently vacant. Draft Plan of Subdivision applications have also been filed on these properties.

Proposed Development

The subdivision plan proposes 30 single detached residential lots. The road pattern features linkages to the adjacent lands to the north and south with an internal road terminating in a cul-de-sac. Access to this property is proposed via First Line Road from abutting development lands. The subdivision will be serviced by private wells and sewage systems.

Included in the draft plan of subdivision is a parkland block and a walkway block which is to provide access to a linear pathway corridor and pedestrian bridge crossing of Mud Creek. Also identified on the draft plan is the Mud Creek lands and the Kars Esker. The above lands will be protected through appropriate zoning.

Purpose of Zoning Amendment

This is an application to rezone the property from "A1" (Restricted Rural), "EP" (Environmental Protection) and "D" (Development) in order to facilitate development of the proposed plan of subdivision.

Existing Zoning

The property is currently zoned "A1" (Restricted Rural), "EP" (Environmental Protection) and "D" (Development) Zone pursuant to By-law 2004-428. Only a single detached dwelling and restricted farm uses on lots having a minimum area of 10 hectares, are permitted within this zone.

Ontario Municipal Board Appeals

In May 2008, the owner appealed his plan of subdivision and Zoning By-law amendment applications to the Ontario Municipal Board because the City did not make a decision on the application within the prescribed timeframe under the Planning Act. Currently before the Ontario Municipal Board and consolidated with the above noted are other landowner appeals; two draft plan subdivision applications and one application for a Zoning By-law amendment. These developments are located adjacent to the north and southern boundaries of the subject site. The owners are currently negotiating an agreement to share costs associated with the development of the Manotick Special Design Area. The owners are hopeful that a settlement will be reached prior to the Ontario Municipal Board setting a Hearing date. As a result of the progress made to date the owner of 5599 First Line Road (Leimerk Developments Ltd.) has agreed to move forward with the Zoning By-law amendment outside the Ontario Municipal Board appeal process currently underway.

Proposed Zoning

It is proposed to rezone a portion of the property to Village Residential (RV) and Village Residential Exception 32 (RV-32). The RV zone will permit single detached homes on lots having a minimum frontage of 30 metres, and a minimum area of 1950 square metres. The RV exception zone provisions will recognize those lots that are deficient in lot frontage. Further, the exception provision is intended to protect the Kars Esker (groundwater recharge area). Septic Systems and oil storage will be prohibited within 30 metres of the Environmental Protection (EP) zone proposed for lands abutting First Line Road. A park block as conditioned by the plan of subdivision will be zoned as Open Space.

The EP-Environmental Protection Zone is proposed for the Mud Creek Corridor and for the esker lands abutting First Line Road. The lands were identified for protection in the Council approved Manotick Special Design Area Concept Plan and Environmental Management Plan.

DISCUSSION

The lands that are subject to this application are designated Village in the Official Plan.

The Secondary Plan for the Village of Manotick, being part of the Official Plan, provides that the Special Design Area is to be developed on private services.

Development within the Special Design Area required approval of a concept plan for development. This concept plan was approved by City Council on 11 July 2006.

The Concept Plan established the following principles to guide development in the Special Design Area:

Development in the SDA will be single detached residential development based on private servicing.
Lot sizes of between 0.4 hectares and 0.6 hectares will be permitted, or as determined by more current investigations. Precise lot sizes in individual developments will be based upon findings detailed in hydrogeological studies that will be required for approval for each plan of subdivision proposed.
The concept for the SDA establishes that two access points and one (optional-temporary) access point (vehicular) will be required from First Line Road and one access from Bankfield Road. The location and design of these accesses will be confirmed by future traffic studies required to support individual plans of subdivision.
The Concept Plan identifies environmentally sensitive lands along the Mud Creek corridor. The Concept Plan requires that no development occur in these lands and that they rest in public ownership. The City plans to develop pathway linkages, where possible, within these lands, along Mud Creek and two pedestrian crossings of the creek are proposed.
A requirement for a 0.4- to 0.8-hectare neighbourhood park to be centrally located within the SDA lands
Woodlots within the SDA have been assessed. While not significant enough to warrant City acquisition of the woodlots, they should, as much as possible, be preserved in subsequent plans of subdivision using the Design with Nature/Protection of Vegetation Cover principles.
The Concept Plan established that there is a significant groundwater recharge area within the SDA. There is to be no development permitted within this area, though the exact boundary of these lands may be revised in the future at plan of subdivision stage if supported by more detailed, City-supported study.

The proposed zoning that includes RV Village Residential, RV-X Village Residential Exception EP-Environmental Protection and OS-Open Space zones is appropriate for the subject lands. It conforms to the Village policies within the Official Plan and the Village of Manotick Plan and adheres to the requirements set out in the City Council Approved Special Design Area Concept Plan and Environmental Management Plan. The change in use will allow for the development of the lands in a way that is sensitive to the existing natural features on-site including the esker and Mud Creek. The proposed zone change is compatible with surrounding land uses, which include low-density residential and rural land uses.

New Comprehensive Zoning By-law

It is intended that the draft new Comprehensive Zoning By-law will be passed by City Council on June 25, 2008.

The subject site is currently zoned DR1 Development Reserve Zone. The purpose of the DR - Development Reserve Zone is to:

· recognize lands intended for future urban development in areas designated as General Urban Area and Developing Communities in the Official Plan, and future village development in areas designated as Village in the Official Plan;

· limit the range of permitted uses to those which will not preclude future development options; and

· impose regulations which ensure a low scale and intensity of development to reflect the characteristics of existing land uses.

A Concept Development Plan and Environmental Management Plan for this site have been approved by City Council. The proposed zoning of V1P Village Residential First Density, V1P [---] r Village Residential First Density Exception and O1 Parks and Open Space is appropriate for the subject lands.

Concurrent Application

Plan of Subdivision File # D07-16-05-0032

ENVIRONMENTAL IMPLICATIONS

On 11 July 2006 City Council approved an Environmental Management Plan for the Manotick SDA. Recommendations of the Environmental Management Plan were incorporated into the City Council Approved Special Design Area Concept Plan. The approved Concept Plan provides the environmental parameters for development located in the Special Design Area. The parameters have been met in the proposed Zoning By-law amendment for the subject lands as follows:

The protection of Mud Creek requires that portions of the properties adjacent to the creek be zoned as EP-Environmental Protection.

The esker located on the westerly edge of the property is protected under the EP designation. To further enhance the protection of the esker the RV-X – Village Residential Exception zone will not allow for the construction of septic systems or the storage of oil within 30 metres of the EP zone abutting First Line Road.

Measures will be taken to protect the existing vegetation on site where possible through the plan of subdivision and through the application of design with nature and other pertinent Official Plan policies.

RURAL IMPLICATIONS

The proposed Zoning By-law amendment will have no adverse effects on the rural community. The subject lands are already designated for development and do not contain agricultural resource lands. The impact will be minimal on surrounding rural land uses.

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. The Ward Councillor is aware of this application and the staff recommendation. The City did not receive any negative comments or opposition to this application. Comments were received from community members regarding the proposed zone change. The issues have been noted and addressed in supporting Document 3.

FINANCIAL IMPLICATIONS

N/A

APPLICATION PROCESS TIMELINE STATUS

The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment due the timing of the apporval of the Concept Development and Environmental Management Plans and the need to revise the original submission of the plan of subdivision.

SUPPORTING DOCUMENTATION

Document 1 Location Map/Zoning Key Plan

Document 2 Details of Recommended Zoning

Document 3 Consultation Details

DISPOSITION

City Clerk’s Branch, Council and Committee Services to notify the owner, Leimerk Developments Ltd. c/o Peter Mirsky, 202–39 Robertson Road, Ottawa, ON K2H 8R2, applicant, Trow Associates Inc. c/o Shelia Clark, 154 Colonnade Road South, Ottawa, ON K2E 7J5, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning, Transit and the Environment Department to prepare the implementing by-law, forward to Legal Services Branch and undertake the statutory notification.

Legal Services Branch to forward the implementing by-law to City Council.

DOCUMENT 1

LOCATION MAP

DOCUMENT 2

DETAILS OF RECOMMENDED ZONING

Proposed Changes to By-law 2004-428

1. Schedule A, Map 3A of By-law 2004-428 be amended to reflect the change in zoning as shown on Document 1

2. A new special RV zone will be added to subsection 6(3) including the following zone provisions:

a) Lot Frontage (minimum) 20 metres

b) Notwithstanding anything to the contrary in By-law 2004-428, no part of any septic system or any storage of oil shall be permitted on or within 30 metres of lands zoned EP abutting First Line Rd.

Proposed Changes to new Comprehensive Zoning By-law

1. The Zoning Map will be amended to reflect the change in zoning as shown on

Document 1

1. A new exception will be added to Part 15, Section 240 including the following provisions:

- minimum lot width 20 metres

- no part of any septic system or any storage of oil is permitted on or within 30 metres of lands zoned O1 abutting First Line Road.

DOCUMENT 3

CONSULTATION DETAILS

NOTIFICATION AND CONSULTATION PROCESS

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

PUBLIC COMMENTS

Part of the area along Mud Creek seems, under the proposal, to be revised from EP to Residential. If this is the case, we cannot understand why, presuming the Creek will still require environmental protection. In fact we believe the area along the Creek should be maintained as a protected area, creating protected ways along all the major watercourses, including connected pathways so these areas can be both enjoyed and protected by all. We had thought this was the general intent of the City, so wonder why these areas close to the watercourses would be permitted to change? Could you advise if our interpretation is correct?

STAFF RESPONSE

On July 11, 2006 Council approved a Concept Development and Environmental Management Plan for the Manotick Special Design Area. Both plans identify the environmentally sensitive lands along the Mud Creek corridor. The Concept Plan requires that no development occur in these lands and that they rest in public ownership. These lands will be rezoned accordingly.

MANOTICK COMMUNITY ORGANIZATION

Does the proposed zoning conform to the City's approved Concept Development and Environmental Management Plans for the Mud Creek Special Design Area? It is difficult to ascertain this from the drawing. Does the Proposed Plan of Subdivision leave a right-of-way for a path along the Mud Creek portion of the property? Is the developer and/or the City planning to construct a path? Secondly, are there any path access points planned along the Mud Creek portion to connect to Manotick Estates - for example at the end of Revell and Carrison Drive? In your opinion, does it conform with the intent of the Rural Pathways initiative as it relates to Mud Creek?

STAFF RESPONSE

The proposed Zoning By-law amendment conforms to the Concept Development and Environmental Management Plans. A pathway will be constructed within the Mud Creek corridor. A block of land has been set aside in the plan of subdivision to provide for access to a pedestrian bridge crossing across Mud Creek. Given the information available for the Rural Pathway initiative, it appears that what is being proposed conforms to this plan.

FIRST LINE NEIGHBORHOOD ASSOCIATION

First Line Neighbourhood Association (FLNA) is not opposed to development of the Manotick Special Design Area (SDA). However, the FLNA continues to have serious concerns that development be done responsibly in order to prevent adverse conditions on the existing neighbourhood. The FLNA also desires to maintain the residential character of First Line Road according to the ideology outlined in the Manotick SDA Development Concept Plan. The FLNA has concerns with respect to lot sizes as it pertains to the hydrogeological and terrain investigation, access roads onto First Line Road, environmental and heritage impacts, and lot development on First Line Road.

STAFF RESPONSE

With respect to lots sizes, the Manotick Secondary Plan states that all development plans must have a density of development as prescribed by the SDA policies, the policy also permits more current and detailed investigation to determine lot sizes.

The applicant has established the principle of development on private services through the hydrogeological report and terrain analysis (including supplementary information) which has been reviewed in detail by the Conservation Authority (revised draft plan November 20, 2006, 30 residential lots). This information demonstrates that groundwater quantity and quality is acceptable for domestic use and that the low permeability soils isolate the shallow surface aquifer from the deep (bedrock) water supply aquifer. The consultant has concluded that overburden well users within the Kars Esker on First Line Road and Bankfield Road will not be impacted by the development due to the fact that the overburden groundwater flow is to the east (i.e. away from the esker). The consultant has also concluded that well interference and water quantity impacts on existing wells within the area are not a significant concern for this site. The Conservation Authority has requested that a number of conditions be inserted into the draft plan of subdivision approval to ensure the report recommendations are implemented.

With respect to the access points, the associations concerns were initially based on the original Traffic Impact Study prepared for the Development Concept Plan. It is noted that the access points are located on lands adjacent to the subject property and access to is provided via an internal road system. That being said, the City has acknowledged that there were issues with sight-lines and requested a more detailed review of the access. As a result of this review, access points have been relocated. The details as to the acceptance and required road modifications of the access points will be provided through the plan of subdivision process.

COUNCILLOR’S COMMENTS

The Councillor has no objections with the proposed subdivision and zoning provided the Community’s concerns can be addressed.

ADVISORY COMMITTEE COMMENTS

OTTAWA FOREST AND GREENSPACE COMMITTEE

· The lands along Mud Creek should be protected from development by a 30-metre buffer zone from the watercourse or a 15-metre buffer from the top edge of the table land (whichever is greater).

· If the esker at the intersection of Bankfield and First Line Road is found to extend into this property, the extension should be excluded from any development and a suitable buffer zone created.

· The trees on site should be plotted and identified and they and the hedgerow should be incorporated into the subdivision design.

· Any additional protective measures described in the SDA report that would apply to this parcel of land should be added to the subdivision approval documents.

· The cumulative impact of development on the SDA lands and the Mud Creek sub-watershed should be considered.

· The potential impact of 33 wells and 33 septic systems on the groundwater recharge capability of the esker should be fully considered, as should the impact on Mud Creek.

STAFF RESPONSE

The Council approved Manotick Concept Development (CDP) and Environmental Management Plans (EMP) examined Mud Creek in detail and determined, flood plain, areas with slope stability issues, and a limit of development. Policies contained within the same documents also guide development with respect to stormwater management, hydrogeological constraints, protection of tree cover and impacts on adjacent land uses. The proposed development is in conformity with the CDP and EMP. Limits of development (setbacks) will be protected through the appropriate zoning. All other issues have been addressed through the proposed plan of subdivision.

ENVIRONMENTAL ADVISORY COMMITTEE

· That further studies be conducted on the impact on fish habitat in Mud Creek and lots adjacent to Mud Creek not be permitted to begin before this has been completed.

· That the development not be permitted until the hydrogeology report address the potable nature of the well water.

STAFF RESPONSE

The Environmental Management Plan provides for setbacks from Mud Creek to protect aquatic habitat. The proposed plan of subdivision provides additional study through the Hydrogeological Assessment/Terrain Analysis and Conceptual Stormwater Management reports to address impacts on fish habitat. With respect to potable water, the hydrogeological assessment which takes into account water quality and quantity has been accepted by the City of Ottawa and Rideau Valley Conservation Authority.