1. ZONING - HAZELDEAN PUMP STATION HOLDING SYMBOL FOR FERNBANK COMMUNITY, STITTSVILLE URBAN EXPANSION LANDS AND 1493 STITTSVILLE MAIN STREET, 15 HUNTMAR DRIVE AND 5717 HAZELDEAN ROAD

ZONAGE - STATION DE POMPAGE HAZELDEAN - SYMBOLE D'UTILISATION DIFFÉRÉE POUR LA COMMUNAUTÉ DE FERNBANK, LA ZONE D'EXPANSION URBAINE DE STITTSVILLE ET LES 1493, RUE STITTSVILLE MAIN, 15, PROMENADE HUNTMAR ET 5717, CHEMIN HAZELDEAN

Committee recommendations

That Council approve:

1. An amendment to Zoning By-law 2008-250 to change the zoning of properties within the Fernbank Community and the Stittsville urban expansion area, as well as, 1493 Stittsville Main Street, 5717 Hazeldean Road and 15 Huntmar Drive that lie within the Hazeldean Pump Station sewershed such that a holding symbol (h) is added to the existing zones, as shown in Document 1 and detailed in Document 2;

2. Providing to the General Manager Planning and Growth Management authorization to waive the planning fees, identified in the Planning Fee By-law (2010-110), for ‘Lifting Holding By-law’ applications related to the subject ‘h’; and

3. Providing to the General Manager, Infrastructure Services authorization to award a contract for the installation of the additional sewage pump and associated appurtenances for the upgrade to the Hazeldean Pump Station, on the basis of seeking quotations from two experienced firms.

Recommandations du comité

Que le Conseil approuve :

1. une modification au Règlement de zonage 2008-250 visant à modifier la désignation de zonage des propriétés situées dans la communauté de Fernbank et la zone d’expansion urbaine de Stittsville ainsi que la désignation de zonage des propriétés situées aux 1493, rue Stittsville Main, 5717, chemin Hazeldean et 15, promenade Huntmar, qui se trouvent dans la zone d’alimentation de la station de pompage Hazeldean, de façon qu’un symbole d’utilisation différée (h) soit ajouté aux zones existantes, comme l’illustre le document 1 et le précise le document 2;

2. la délégation au directeur général de l’Urbanisme et de la Gestion de la croissance du pouvoir de renoncer aux droits de demande d’aménagement prévus au Règlement sur les droits de demande d’aménagement (2010-110), pour ce qui concerne les demandes assujetties au Règlement sur la levée d’une disposition d’utilisation différée (h).

3. a délégation au directeur général de l’Urbanisme et de la Gestion de la croissance du pouvoir d’accorder un marché en vue de l’installation d’une pompe d’eaux d’égout supplémentaire et des équipements connexes aux fins de la mise à niveau de la station de pompage Hazeldean, en fonction des propositions de prix de deux entreprises expérimentées.

Documentation

1. Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 14 January 2011 (ACS2011-ICS-PGM-0009).

2. Planning Committee Extract of Draft Minutes of 25 January 2011.

Report to/Rapport au :

Planning Committee

Comité de l'urbanisme

and Council / et au Conseil

14 January 2011 / 14 janvier 2011

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Infrastructure Services and Community Sustainability/Services d’infrastructure et Viabilité des collectivités

Contact Person/Personne-ressource : Derrick Moodie, Manager/Gestionnaire, Development Review-Rural Services/Examen des projets d'aménagement-Services ruraux, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, 15134 Derrick.Moodie@ottawa.ca

Stittsville (Ward 6)

Ref N°: ACS2011-ICS-PGM-0009

SUBJECT:	ZONING - HAZELDEAN PUMP STATION HOLDING SYMBOL FOR FERNBANK COMMUNITY, STITTSVILLE URBAN EXPANSION LANDS AND 1493 STITTSVILLE MAIN STREET, 15 HUNTMAR DRIVE AND 5717 HAZELDEAN ROAD (FILE NO. D02-02-10-0079)

OBJET :	ZONAGE - STATION DE POMPAGE HAZELDEAN - SYMBOLE D'UTILISATION DIFFÉRÉE POUR LA COMMUNAUTÉ DE FERNBANK, LA ZONE D'EXPANSION URBAINE DE STITTSVILLE ET LES 1493, RUE STITTSVILLE MAIN, 15, PROMENADE HUNTMAR ET 5717, CHEMIN HAZELDEAN

REPORT RECOMMENDATIONS

That the Planning Committee recommend Council approve:

RECOMMANDATIONS DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil d’approuver :

1. Une modification au Règlement de zonage 2008-250 visant à modifier la désignation de zonage des propriétés situées dans la communauté de Fernbank et la zone d’expansion urbaine de Stittsville ainsi que la désignation de zonage des propriétés situées aux 1493, rue Stittsville Main, 5717, chemin Hazeldean et 15, promenade Huntmar, qui se trouvent dans la zone d’alimentation de la station de pompage Hazeldean, de façon qu’un symbole d’utilisation différée (h) soit ajouté aux zones existantes, comme l’illustre le document 1 et le précise le document 2;

2. La délégation au directeur général de l’Urbanisme et de la Gestion de la croissance du pouvoir de renoncer aux droits de demande d’aménagement prévus au Règlement sur les droits de demande d’aménagement (2010-110), pour ce qui concerne les demandes assujetties au Règlement sur la levée d’une disposition d’utilisation différée (h).

3. La délégation au directeur général de l’Urbanisme et de la Gestion de la croissance du pouvoir d’accorder un marché en vue de l’installation d’une pompe d’eaux d’égout supplémentaire et des équipements connexes aux fins de la mise à niveau de la station de pompage Hazeldean, en fonction des propositions de prix de deux entreprises expérimentées.

BACKGROUND

On July 14, 2010 Council adopted By-law 2010-231 which implemented a series of holding symbols over vacant lands and developable lands in Kanata and Stittsville. The By-law specifically applied to lands falling within the Hazeldean Pump Station (HPS) sewershed and served to limit new development as a result of capacity concerns associated with the pump station. During the consideration of the by-law, a commitment was made to bring forward another amendment to include the Fernbank Community which is also intended to be served by the HPS.

The City-initiated application follows through on that commitment and applies to the urban lands between Kanata and Stittsville as well as the urban lands immediately south of Stittsville. Three additional properties that were included under By-law 2010-231 will also be affected through revisions to their respective holding provisions.

Purpose of Zoning Amendment

The zoning amendment will place a holding provision on the lands within the Fernbank Community Design Plan area, as designated thorough Official Plan Amendment 77 (OPA 77) and the urban boundary expansion lands south of Stittsville, as designated through Official Plan Amendment 76 (OPA 76). The intent of the holding provision is to respect the available sanitary sewer servicing capacity of the Hazeldean Pump Station and recognize the future upgrades underway to increase the capacity of that pump station. The holding provision will flag the development limitations and establish milestones needed to allow for lifting of the holding and enable development of the subject lands. Specifically, once the Schedule A+ Environmental Assessment (EA) works are complete and the Schedule B Environmental Assessment (EA) for the project to bring the capacity to approximately 1500 litres per second, the holding provision could be lifted for the subject lands provided that adequate capacity can be demonstrated. There is no intent to allow any capacity to be allocated to the OPA 77 lands and OPA 76 expansion lands until such time as the Schedule B EA is approved and the EA works are complete for 1225 litres per second at the pump station.

The zoning amendment will also amend the previously zoned holding provisions for three properties; 1493 Stittsville Main Street, 5717 Hazeldean Road and 15 Huntmar Drive to more accurately reflect the intended limitations for development given the sanitary sewer servicing constraints. The Hazeldean Road and Huntmar properties currently have site specific flow limits for the properties but the intent was to treat them as the other lands subject to By-law 2010-231, by removing the site-specific exception allowing servicing capacity. This amendment will correct that. In the case of 1493 Stittsville Main Street the objective is to reinstate the provisions for lifting the holding symbol, inadvertently omitted in a previous zoning amendment. In order to lift the holding symbol for these properties there must be demonstrated capacity at the Hazeldean Pump Station once the Schedule A+ EA is approved.

DISCUSSION

Provincial Policy Statement

The Provincial Policy Statement (PPS) speaks to ‘ensuring that necessary infrastructure and public service facilities are or will be available to meet current and projected needs.’ As directed in the PPS, the City needs to ensure that the provision of the municipal sewage system in a manner that human health and the environment are protected. Current assessments have shown that there is not the sanitary servicing capacity available for future needs at the Hazeldean Pump Station and there are outstanding health and environmental concerns to be addressed with upgrades to the station.

Official Plan

The Official Plan guides development to make efficient use of the existing infrastructure and to monitor the capacity of that infrastructure. It also permits expansion of the urban area and infrastructure where there is a demonstrated need. In this case, the existing capacity of the Hazeldean Pump Station is insufficient to service the existing zoned lands of the sewershed area as well as the growth areas of the Fernbank community and Stittsville expansion. As a result, the City implemented a holding symbol to restrict new or redevelopment within areas of Kanata and Stittsville until such time as the HPS has been upgraded to allow for that development to proceed. This by-law will extend that control on development to the lands intended for future development to allow some of the HPS upgrade works to be completed and the approvals in place prior to authorizing urban development.

Pursuant to Official Plan Amendment No. 77, the Fernbank Community lands are designated General Urban, Arterial Main Street (along part of the north-south arterial), Major Open Space and Urban Natural Features. The lands to the south of Stittsville were redesignated to Developing Community through Official Plan Amendment No. 76. The lands at 1493 Stittsville Main Street are designated Traditional Main Street and General Urban Area, the lands on Hazeldean Road are designated Arterial Main Street and the lands on Huntmar Drive are designated General Urban. All of those designations contemplate urban development.

The Official Plan identifies holding symbols as an implementation tool to limit premature development.

Infrastructure Master Plan

The subject lands are all within the public service area and therefore can only be permitted to develop on central municipal services, including water storm and sanitary sewers. The lands also all lie within the sewershed area of the Hazeldean Pump Station.

Existing Zoning and Details of Proposed Zoning

The table identifies the Areas shown in Document 1, the associated addresses, existing zones and the proposed changes to the zones.

Area	Addresses (all and part)	Existing Zone	Proposed Change
A	1877, 1883 and 1921 Stittsville Main Street	RR2 – Rural Residential Density 2	Add Holding symbol with provisions limiting the uses to those existing and limiting the removal of the holding provision to when the 1225 l/s upgrade works are complete, the Schedule B Environmental Assessment for the sanitary flow at the Hazeldean Pump Station is approved by the Ministry of the Environment at 1400 litres per second and there is demonstrated capacity.
B	5957, 5969, 6015, 6021, 6041 and 6070 Fernbank; 1835, 1845 and 1921 Stittsville Main Street; 5993 and 6115 Flewellyn Road	RU – Rural Countryside	Same as above
C	5385, 5395, 5431, 5441, 5465, 5571, 5611, 5621, 5861 and 5897 Fernbank Road; 5618 Hazeldean Road	DR – Development Reserve	Same as above
D	5861 Fernbank Road	O1[137r] – Parks and Open Space Subzone 1 rural exception 137	Same as above
E	570 and 590 Hazeldean Road	AG – Agricultural	Same as above
F	950 Terry Fox Drive	AG3 – Agricultural Subzone 3	Same as above
G	Part of 141 Kincardine	O1R – Parks and Open Space Subzone R	Same as above
H	560 Hazeldean Road	AG[263r] – Agricultural rural exception 263	Same as above
I	1493 Stittsville Main Street	R4Z[1300] – h Residential Fourth Density Subzone Z exception 1300 holding	To add Holding provisions limiting the uses to those existing and limiting the removal of the holding provision to when there is demonstrated capacity for the sanitary flow at the Hazeldean Pump Station.
J	5717 Hazeldean Road	AM7[1444] – h Arterial Mixed Use Commercial Subzone 7 exception 1444 holding	To replace the existing Holding provisions limiting the uses to those existing and limiting the removal of the holding provision to when there is demonstrated capacity for the sanitary flow at the Hazeldean Pump Station.
K	15 Huntmar Drive	AM7[1445] - h Arterial Mixed Use Commercial Subzone 7 exception 1445 holding	To replace the existing Holding provisions limiting the uses to those existing and limiting the removal of the holding provision to when there is demonstrated capacity for the sanitary flow at the Hazeldean Pump Station.

Hazeldean Pump Station

The pump station sewershed area includes developed and developing lands within Stittsville, Kanata and Fernbank. Growth and development have consumed capacity at the pump station and it has been identified that capacity is currently required to address flooding issues in Kanata and Glen Cairn that resulted in the July 2009 storm event. Limiting growth and development until such time as the pump station upgrades are completed or well underway will help ensure the continued safe sanitary servicing is available to existing residences and businesses. In brief, the upgrades are as follows:

1) EA approved upgrade requiring Certificate of Approval to increase the approved pumping capacity 1077 l/s, as issued November 22, 2010;

2) Schedule A+ EA and Certificate of Approval and works to increase the capacity to 1225 l/s, as issued December 17, 2010. The Class Environmental Assessment process requires notice to the public that a Schedule A+ project is going to proceed. This report constitutes the required notice; and,

3) Schedule B EA and Certificate of Approval and works to increase the capacity to approximately 1500 l/s.

The recent issuance of the approval up to the Schedule A+ and the urgency with which the works should be completed has resulted in a request that will accelerate the tendering and construction process. In order to increase the pump station’s capacity from 1077 to 1225 l/s, an additional sewage pump must be installed in wet well #3 of the Hazeldean Pump Station. The City needs to retain a contractor to install the additional sewage pump and perform the associated electrical and mechanical works. The estimated cost of the works is $300,000.00 and that exceeds staff’s delegated authority to award contracts. In order to expedite the installation work and to ensure the works are completed before summer storm season, staff are seeking authorization to obtain quotations from two experienced firms and award the contract for the necessary works to the lower bid.

Capacity Assignment

When the Schedule A+ works are completed and the Schedule B EA works have been approved by the Ministry of the Environment, capacity can be assigned within the Fernbank CDP area and holding symbols can be removed on a case-by-case basis.

Planning Fees

The Manager, Development Review has delegated authority from Council to approve ‘Lifting of Holding By-law’ applications. Given the requirements for lifting of the holding are set out and the level of staff review is minimal, it is appropriate that the application fee be waived. Any applications for the lifting of the holding filed in advance of the completion of the EA works for the Schedule A+ and the approval of the Schedule B EA will be deemed to be premature and will not be processed.

Concurrent Application

There are currently two subdivisions applications that are affected by the implementation of the holding provision:

D07-16-09-0034 – 5611 Fernbank Road

D07-16-10-0008 – 5431-5465 Fernbank Road

A portion of the lands located at 5343 to 5377 Fernbank Road has been excluded from this Zoning By-law amendment because the lands are the subject of a privately initiated rezoning application. This site specific amendment will be subject to the same holding symbol as the balance of the Fernbank lands and will be dealt with through a separate report.

The proposed holding symbols are appropriate to ensure that the sanitary infrastructure is available for development, and that the development be permitted to proceed in an orderly manner.

RURAL IMPLICATIONS

N/A

CONSULTATION

Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. Property owners were mailed individual notices of the application and the notice of application of the zoning was published in The Ottawa Citizen and Le Droit.

Concern has been expressed by a local resident that the holding should also relate to flooding issues. This application has been brought forward to address the sanitary servicing capacity concerns and the issue of flooding will be addressed through compliance of each development in Fernbank to the stormwater management plan.

Concern has been expressed by applicants within the Fernbank CDP area that the holding provision is more appropriately implemented when site specific applications for zoning are brought forward. However, a commitment was made to Council that staff would bring forward an amendment to the zoning to implement a holding for the Fernbank lands.

Opposition to the proposed holding zoning has been expressed by the Conseil des Écoles Catholiques du Centre-Est as they are looking to construct a high school in 2013 and an elementary school in 2014. Based on the current timelines for the approvals and upgrades to the HPS, the timing for the school board should not be impacted.

COMMENTS BY THE WARD COUNCILLOR(S)

No specific concerns were expressed. Clarification on the proposed zoning was requested.

LEGAL/RISK MANAGEMENT IMPLICATIONS

As noted in the earlier report concerning the adoption of the holding zone in respect of lands serviced by the Hazeldean Pumping station, a holding zone is an appropriate planning tool to utilize where the planning decisions have been made as to the form of development to take place but infrastructure capacity is not yet present. The adoption of the holding zone in respect of the Fernbank Lands and Stittsville Urban Expansion Area is consistent with Council’s earlier decision to impose a holding zone through By-law 2010-231 and should withstand appeal to the Ontario Municipal Board.

CITY STRATEGIC PLAN

The proposed development and planning applications align with the City Strategic Plan in that the limits of existing hard services are respected and that the infrastructure required for new growth is built and improved as needed to service the growth.

TECHNICAL IMPLICATIONS

N/A

FINANCIAL IMPLICATIONS

There are no financial implications. Funds are available within existing resources for the contract award to install the additional sewage pump and perform the associated electrical and mechanical works.

APPLICATION PROCESS TIMELINE STATUS

This application was processed by the "On Time Decision Date" established for the processing of Zoning By-law amendment applications.

SUPPORTING DOCUMENTATION

Document 1 Zoning Location Map

Document 2 Details of Recommended Zoning

DISPOSITION

City Clerk and Solicitor Department, Legislative Services to notify the owner, applicant, OttawaScene.com, 174 Colonnade Road, Unit #33, Ottawa, ON K2E 7J5, Ghislain Lamarche, Program Manager, Assessment, Financial Services Branch (Mail Code: 26-76) of City Council’s decision.

Planning and Growth Management to prepare the implementing by-law, forward to Legal Services and undertake the statutory notification.

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

Upon completion of the Schedule B Environmental Assessment, Planning and Growth Management staff will proceed with the Notice of Completion of the EA.

LOCATION MAP DOCUMENT 1

DETAILS OF RECOMMENDED ZONING DOCUMENT 2

1. Rezone the subject properties as shown as Areas A to H in Document 1, to add a holding symbol and exception [XXXX].

2. Amend Section 239 – Exceptions of By-law 2008-250 to create an exception, [XXXX], for Areas A through H inclusive as shown in Document 1, that includes in effect the following:

In Column IV

“- all permitted uses, except:

a. Those uses that existed on January 26, 2011, or

b. Any use or development that does not result in increased sanitary flow to the Hazeldean Pump Station,

are prohibited until the holding symbol is removed.”

In Column V

“The holding symbol will not be removed until such time as:

a. the works to bring the capacity of the Hazeldean Pump Station to 1225 l/s are complete;

b. that the Ministry of Environment has approved the Schedule B Environmental Assessment to bring the capacity of the Hazeldean Pump Station up to 1400 plus l/s; and,

c. it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that Hazeldean Pump Station has the necessary capacity for the proposed development.”

3. Amend Exception 1300 for Area I, 1493 Stittsville Main Street by adding the following wording:

In Column IV:

“ - all permitted uses, except for:

a. those that existed on July 14^th, 2010, or

b. those uses or any development that does not result in increased sanitary sewer flows to the Hazeldean Pump Station,

are prohibited until the holding symbol is removed.”

In Column V:

“ The holding symbol will not be removed until such time as it has been demonstrated to the satisfaction of the General Manager, Planning and Growth Management, that Hazeldean Pump Station has the necessary capacity for the proposed development.”

4. Amend Exceptions 1444 and 1445 for Area K (15 Huntmar Drive) and Area J (5717 Hazeldean Road) respectively by deleting the following wording from column IV;

“results in increased sanitary sewer flows to the Hazeldean Pump Station of no more than 5.7 litres per second” and replacing it with “does not result in increase sanitary sewer flows to the Hazeldean Pump Station”.

5. Amend Exceptions 1444 and 1445 for Area K (15 Huntmar Drive) and Area J (5717 Hazeldean Road) respectively by deleting the following wording from column V;

‘above the 5.7 litres per second threshold’.

ZONING - HAZELDEAN PUMP STATION HOLDING SYMBOL FOR FERNBANK COMMUNITY, STITTSVILLE URBAN EXPANSION LANDS AND 1493 STITTSVILLE MAIN STREET, 15 HUNTMAR DRIVE AND 5717 HAZELDEAN ROAD
ZONAGE - STATION DE POMPAGE HAZELDEAN - SYMBOLE D'UTILISATION DIFFÉRÉE POUR LA COMMUNAUTÉ DE FERNBANK, LA ZONE D'EXPANSION URBAINE DE STITTSVILLE ET LES 1493, RUE STITTSVILLE MAIN, 15, PROMENADE HUNTMAR ET 5717, CHEMIN HAZELDEAN

ACS2011-ICS-PGM-0009 STITTSVILLE (6)

(This matter is Subject to Bill 51)

The following correspondence was received with respect to this matter, and is held on file with the City Clerk:

· E-mail dated 24 January 2011 from Kevin Yemm, Richcraft

· Letter dated 24 January 2011 from Ursula Melinz on behalf of the Fernbank Landowners Group

· Commends dated 24 January 2011 from Faith Blacquiere

· Letter dated 24 January 2011 from Grace Bell

Cheryl McWilliams, Planner, provided an overview of the staff report and recommendations by means of a PowerPoint presentation. A copy of the staff PowerPoint presentation is held on file with the City Clerk.

In response to questions from Chair Hume, Derrick Moodie, Acting Manager of Development Review – Suburban Services, confirmed that Ministry of the Environment (MOE) had supported the expansion of the Hazeldean Pump Station capacity to the 1225 litres per second level under the expedited Schedule A+ Environmental Assessment (EA) process, on the understanding that the City would be implementing a holding zone on these areas.

In response to further questions from the Chair, Mr. Moodie explained how the holding zone for the Fernbank lands differed from the holding zone for the remainder of the Hazeldean Pump Station sewershed. The first difference is that in the remainder of the sewershed, owners can apply to lift the holding zone on a case by case basis once the 1225 l/s works are complete (likely in spring to early summer of 2011) provided they can demonstrate capacity within the system. For the Fernbank Lands, there is an additional condition that the Schedule B EA be approved by the MOE prior to the lifting of the holding zone.

The second difference is that, for the remainder of the sewershed, staff will be coming back with a report to lift the holding zone off all those properties once the Schedule B+ EA is approved.

In response to questions from Councillor Qadri, Mr. Moodie explained that when the first Holding Zone report had come forward in the summer, there was some discussion that the Fernbank Lands would be treated differently, and the rationale was that OPA 77, which brought those lands into the urban area, had not yet been in full force.

Mr. Moodie also explained that although 1491 Stittsville Main Street and 1493 Stittsville Main Street were part of the same application, this report only spoke to the latter because the holding provisions were inadvertently deleted from that property, while they remained on the former. This report would put the two properties under the same holding zone.

Councillor Qadri asked for information on how much the City would be waiving in terms of fees going forward. Mr. Moodie, while he did not have that figure before him, indicated that staff could have that calculated and available when the matter was before Council.

Councillor Qadri asked about the timing of the installation of the additional sewage pump and associated appurtenances for the upgrade to the Hazeldean Pump Station, as referenced in recommendation three of the report. Mr. Moodie noted that these works were not subject to bump-up requests, and anticipated that they would be complete by late spring or early summer.

In response to further questions from the Councillor, Mr. Moodie explained that as a result of the July 2009 significant rain event it was identified that there had been some extraneous infiltration of the sewage system by storm water, resulting in concerns around the pump stations in the area. The schedule A+ expansion is to provide an additional buffer as a margin of safety in such events. The Schedule B EA process, which is contemplated to support ongoing development, is intended to be complete by later in the spring and, subject to any bump-up requests, development would be able to occur as soon as it is approved by the MOE.

In response to questions from Councillor Hubley with respect to the allocation of capacity, Mr. Moodie indicated that once the Schedule A+ works were in place, the City would begin releasing capacity on the other holding zone lands within the sewershed. For the Fernbank lands, the report recommends waiting until the Schedule B EA is approved.

Dixon Weir, General Manager of Environmental Services provided information in response to further questions with respect to the nature and timing of the Schedule B works. He explained that the Schedule B EA is for more comprehensive and longer-ranging works including a variety of different activities both within the pumping station and within the other areas affected by the July 2009 rain event. Some of these activities will begin early, and some will take longer to implement. The Schedule B EA will come forward later in the spring with a schedule of activities and timelines.

In response to further questions from Councillor Hubley with respect to capacity allocation, Mr. Moodie explained that staff would manage the capacity as it is allocated to ensure there is no banking of capacity by any one developer. He also confirmed that process a buffer in capacity is being built to protect homeowners that have been or could be affected by flooding.

In response to further questions from the Councilor with respect to the pumping station upgrades, Mr. Weir explained that those upgrades would occur in three phases: the first phase is the operational pieces that have already been done; the second phase is the Schedule A+ works, and the longer-term phase encompasses the Schedule B activities. Mr. Moodie confirmed that the emergency overflow capacity would be part of the Schedule B works.

Committee then heard from the following public delegations:

Ursula Melinz, Soloway Wright and John Riddell, Novatech spoke on behalf of the Fernbank Landowners’ group, in opposition to the proposed holding zone. She also submitted a letter, a copy of which is held on file with the City Clerk.

She provided a timeline of events surrounding the Hazeldean Pumping Station, pointing out that the historical absorption rate of the pumping station had been 44 litres per second, and 20 dwelling units typically require one litre per second of capacity. She indicated her clients’ opposition to the holding zone for the following reasons:

· Absorption rates indicate that there is likely enough capacity based on the applications forward, making the holding zone redundant. She noted that case law has said that when a holding zone is lifted, there should be appropriate zoning in place that the land can be development.

· It is inappropriate to pout the holding zone on the Fernbank lands because they are not yet zoned for development. As they are in a development reserve zone, any developer would have to submit an application for rezoning in order to proceed with any development, at which time the City could determine the appropriate allocation for that land.

· The vagueness of the holding zone is objectionable as it is not clear what criteria will be used by staff in assessing whether to lift the holding zone.

She indicated that the landowners were please with the waiver of the fees for lifting the holding zone, in the event that it is indeed imposed on the lands.

Mr. Riddell provided some additional points in opposition to the proposed holding zone. First, he wished to put the capacity of the pump station into perspective. He stated that the pending 1225 l/s upgrade would create 300 l/s of residual capacity, enough for 6000 housing units and over a six year supply given the historical rate of absorption. He suggested that with six years of supply, there was no reason any development lands should be artificially constrained by a holding zone. He assured Committee that the Fernbank lands could develop without any additional flooding risk for the Glen Cairn area.

He also objected to the Fernbank lands being treated differently from other lands in the area, suggesting that there is no justification for this. Specifically, with respect to the fact that the other lands would have the hold lifted upon approval of the Schedule B EA, while the hold on the Fernbank lands would be listed on a case by case basis if capacity is demonstrated.

The Chair pointed out that the imposition of a holding zone was part of the agreement the City had made with the MOE in order to increase capacity of the Hazeldean Pump station and move to a Schedule A+ process for the 1225 l/s works, suggesting this put Committee in a dilemma with respect to the delegation’s requests. Ms. Melinz reiterated that if the holding zone was imposed, then the conditions for lifting it should be the same as for other previously-approved holding zone.

In response to questions from Councillor Qadri, Mr. Riddell explained that his estimation that there was a six year supply of capacity was based on historical absorption, which is about 40-45 l/s per year, enough for 900 housing units. Using 50 l/s per year, there would be enough for a six year supply, or 600 housing units. Councillor Qadri asked staff for their assessment on the accuracy of that figure, and whether it took into consideration a buffer. Mr. Moodie suggested that the six year supply would be using the entire 1225 l/s capacity that would be there in the spring. He noted that the MOE approval of the A+ EA was conditional on that additional capacity being used as a buffer instead of for new development. Therefore, staff is not comfortable with using the entire 1225 l/s capacity for development. He suggested that this was a cautious approach and was the direction Council had given. He suggested that staff was comfortable allocating up to the 1077 l/s capacity for development, which he suggested was closer to a two-year supply.

In response to questions from Councillor Hubley, Ms. McWilliams explained that no development could proceed while the holding zone was still on. While the City could certainly entertain applications for Site Plan, Subdivision, Re-zoning and allow the planning process to move forward to a certain extent, no building permits would be issued until such time as the holding zone is lifted.

Councillor Hubley wondered if there was a proposal to front-end the Schedule B works in order to expedite them. John Moser, General Manager of Planning and Growth Management indicated that, although that had been discussed, the City was not actively pursuing a front-ending agreement at this time.

Peter Vice, Vice Hunter Labrosse, spoke in opposition to the proposed holding zone, on behalf of 2129786 Ontario Ltd, a partnership of Monarch Corporation and Cardel Homes. He expressed agreement with the statements made by the previous delegation. He suggested the holding zone was overkill, given the lands were Development Reserve and therefore could not be developed unless they were rezoned. He suggested that the better time to put a holding zone on would be as individual properties came forward to be rezoned for development. However, if the City decided to impose the holding zone now, he argued that it should be under the same conditions as the other lands within the sewershed.

Councillor Harder suggested that staff would not be recommending a holding zone if it did not serve a purpose, and that its purpose was to have smart control. Further, she suggested that those developers who had been waiting the longest should get allocated capacity first. In response, Mr. Vice maintained that the holding zone provided nothing more because the lands were not presently zoned for development. He suggested the City would be maintaining its commitment to the MOE because you cannot do anything on the land even without the holding zone.

Councillor Qadri wondered why the delegation was objecting to the holding zone if, as he suggested, it made no difference. Mr. Vice objected to it because it is one more obstacle for one to overcome, and an extra unnecessary level of control. He maintained that any holding zone should only be imposed when an application for rezoning is received

Councillor Harder asked staff to comment on the amount of time it had taken for staff to come back with their next report on the flooding issue, and expressed concern with the apparent lack of urgency. Councillor Hume noted that this was a matter now within the mandate of the Environment Committee, but allowed Councillor Hubley to respond to the question. Councillor Hubley stated that the report was almost ready, the EA was going through the process, and at that point they would come forward with the next piece of the plan. He acknowledged that progress had been slow, but there was a commitment to the residents to follow the process through to ensure such flooding never happens again.

Chair Hume asked for clarification as to why the Fernbank lands were being treated differently than the other lands with respect to the provisions for lifting the holding zone. Tim Marc, Senior Legal Counsel, noted that, at the Ontario Municipal Board (OMB) hearing for OPA77, the solicitors for the developers had stated that there would be no development on the Fernbank lands until the Schedule B EA was approved. He suggested this was one factor to explain why the lifting provisions do not allow the Fernbank lands to get capacity until that EA is approved.

Mr. Moodie noted that the other difference was with respect to the blanket lifting of the holding zone. While staff will be bringing forward a report to lift the holding zone on all the other properties upon approval of the Schedule B EA, for the Fernbank properties there would be a requirement to demonstrate capacity.

In response to further questions from Councillor Hubley, Mr. Moodie explained that once the 1225 l/s works were in place, staff would be in a position to start releasing capacity to the other areas on a case-by-case basis. For Fernbank, they will require the approval of the Schedule B EA before beginning that process. He suggested, in addition to the reason stated by Mr. Marc, that in the interests of fairness those who had been waiting longer would get to go first. He further indicated that they expected completion of the Schedule B EA in the spring, but could not specify the timing of approval by the MOE due to the possibility of bump-up requests.

Committee then approved the report recommendations, as presented.

That the Planning Committee recommend Council approve:

CARRIED