September 14, 2012 Lorraine Stevens, Planner II City of Ottawa Planning and Growth Management 110 Laurier Ave. West 4th Floor Ottawa, ON K1P 1J1 Re: Jock River Estates Phase 2 Revised Draft Plan - Lot 21, Concession 2, in the Geographic Township of Goulbourn, now the City of Ottawa This is provided in support of an Official Plan amendment and draft plan of subdivision application for Jock River Estates Phase 2. The proposed subdivision is an extension of the existing country lot residential subdivision, Jock River Estates, lying immediately to the northwest. A draft plan of subdivision application was filed with the City of Ottawa on November 13, 2009 for Phase 2, followed by an application for Official Plan amendment (City file # D07-01-01-1103 ) on December 7, 2011. This report builds upon a Planning Report prepared by McIntosh Perry Consulting Engineers Ltd. dated August 2009 for the draft plan application, and another dated October 2011 in support of the Official Plan amendment application. The purpose of this report is to address concerns raised by the City and commenting agencies regarding the applications. On May 14, 2012 representatives for developers met with City staff to summarize the issues to be addressed and additional work to be undertaken. These include: 1. Need for a to address applicable Official Plan policies, the Provincial Policy Statement, and other regulatory considerations. The most critical policy matter to be addressed is Official Plan Policy 3.7.2 (7) d) regarding development within one kilometre of a Settlement Area. The is also to discuss planning and other legal tools to protect sensitive lands. 2. An update to the Environmental Impact Statement to demonstrate that there will be no impact on areas considered Interior Forest. 3. An update to the Preliminary Servicing report to address the effects of site grading, if a rear yard setback cannot be accommodated to provide a buffer from interior forest lands. 4. It was noted that a potential rear yard setback on the side of the interior forest would require additional investigations to determine whether other suitable septic systems locations could be found outside this setback area. 5. Confirmation of the extent of flooding by a qualified professional engineer and located by field survey. These matters are addressed in this report and other technical reports provided with this submission. 3240 Drummond Con. 5A, RR#7, Perth, ON K7H 3C9 T. 613.267.6524 F. 613.267.7992 info@mcintoshperry.com www.mcintoshperry.com
Professional planning opinions regarding compliance of the plan with applicable Provincial Policy Statement (PPS) and Official Plan policies were provided in the two separate Planning Reports prepared by McIntosh Perry and will not be reiterated in this report except as they relate to the revised draft plan. However, some background information is provided to better understand the history of the project, and professional planning advice is offered on how the project could proceed in conformity with applicable Official Plan policies, as requested by City staff. 1.0 Background The proposed development is a logical extension of an existing country lot subdivision, and is compatible with adjacent land uses. Proponents of Jock River Estates have long established their intent to develop the subject lands. They had initially intended to develop all of their lands as one plan of subdivision, but instead decided to develop two phases due to the then uncertainty over the extent of the Jock River flood plain, rather than face delays waiting for the completion of flood plain mapping. The design of Phase 1, only 14 lots, anticipated the eastward extension of Sangeet Place onto the Phase 2 lands and lands were dedicated to the City along the River for parkland purposes roughly where the flood plain was thought to be at that time. 2.0 Revised Draft Plan A revised Draft Plan has been prepared by McIntosh Perry Consulting Engineers Ltd. and certified by John Kennedy OLS on September 14, 2012. Revisions to the plan, as originally submitted, were required to address the City s requirement for a buffer from lands deemed to be interior forest and as a result of further flood plain investigations. The Environmental Impact Statement has recommended a 60 metre wide natural buffer be established along the north side of the lots backing onto the interior forest lands. Proposed septic systems had been identified within this proposed buffer as these were lands were found to have suitable soils for this purpose. Further soils investigations by exp Services Inc. (exp) found suitable alternative locations outside the buffer area, although realignment of lot lines were necessary to ensure that each lot had a sufficient area for on-site services. In addition, McIntosh Perry undertook flood plain engineering investigations to establish precise flood elevations at defined intervals along the Jock River. The 1:100 year flood elevations were then located on the ground and mapped by McIntosh Perry Surveying Inc (MPSI). A copy of the revised flood plain mapping, overlaid onto to the original draft plan, is supplied with this submission. The extent of flooding onto the original Lot 5 was greater than was identified on Flood Risk Mapping provided by the Rideau Valley Conservation Authority (RVCA). Accordingly, Lots 4 and 5 were combined into one lot. Former Lot 6 (now Lot 5) was also found to have slightly more flood plain. To ensure that new Lot 5 has an adequate building envelope, the cul-de-sac was flipped from the north side to the south, jutting into new Lot 4, and the proposed septic system location was relocated to the front yard, after it was confirmed by exp that the soils are suitable. Given the larger area identified as flood plain, the draft plan now shows two blocks (Blocks 11 and 12) added for parkland purposes. These are immediately adjacent to lands already owned by the City as parkland along the Jock River. 2
The Lots all exceed the minimum required size of 0.8 ha, ranging between 0.83 ha and 0.93 ha. The lots also meet or exceed the 50 m minimum lot frontage standard. Blocks 11 and 12 have areas of 0.77 ha and 0.12 ha respectively, representing 8.6% of the total area of the subdivision, being 10.3 ha. 3.0 Official Plan The subject property is currently designated General Rural Area and Rural Natural Feature in the City s Official Plan (OP). The previous Planning Reports addressed conformity with applicable policies and will not be discussed further. Planning justification was provided by demonstrating how the proposed subdivision conforms to applicable policies of the PPS and City Official Plan. However, two policies have been incorporated in the General Rural Area policies of the OP since the work began on the second phase of Jock River Estates which have led to the need for an Official Plan amendment (OPA). Section 3.7.2 (8)d. reads: 8. Country lot subdivisions will be considered within the General Rural Area designation subject to the following criteria. The extent to which any of these apply will be determined through preconsultation with the applicant: d. Subdivisions may not impede the ability of Villages and urban areas to expand over the planning period, and; may not located within 1 kilometre of an approved urban and Village boundary; Notwithstanding the foregoing, a plan of subdivision is permitted on lands municipally known as 1175 Manotick Station Road. [Amendment #85, May 26, 2010] Section 3.7.2 (15) is related, and applicable to Development near Village and Urban Boundaries. 15. Development proposals within 1 kilometre of a Village and/or urban boundary will be reviewed with respect to lot size, type of use and other characteristics, to ensure that they do not adversely limit potential expansion of the boundary at that location or create a long-term demand for the extension of municipal services. [Amendment #76, August 04, 2010] Notwithstanding the foregoing, a plan of subdivision is permitted on lands municipally known as 1175 Manotick Station Road. [Amendment #85, May 26, 2010] While it would seem Subsection 15, may be only applicable to lot creation by consent to sever, mention of Amendment #76 which permitted a plan of subdivision within one kilometre of a Village boundary suggests that it has relevance to plans of subdivision, as in this case. Regardless, the key is to understand the objective of these policies. The intent of both policies is to prohibit development that would impede the logical growth of a village or urban area, although more specific tests are noted in Subsection 15. In the case of Jock River Estates Phase 2, the site immediately abuts the village of Richmond boundary but is physically separated from lands for future growth by lands designated Flood Plain and Open Space, as illustrated on Figure 1. Part of the Open Space lands are those the City has asked to be protected as they are deemed to be interior forest. 3
Figure 1 Richmond Secondary Plan Land Use Schedule The question of long term demand for the extension of services is addressed by the exp s Hydrogeological Services, Terrain Analysis and Impact Assessment report which demonstrates that the 10 proposed lots are suitable for on-site services. The second key policy area relates to a moratorium on country lot development, in accordance with Section 3.7.2 (11). 11. Notwithstanding policies 7, 8 and 9 permitting the creation of country lot subdivisions and conservation subdivisions, a moratorium is placed on the creation of any new ones, which moratorium shall end at the earlier of five years from the date of adoption of this Plan or the coming into force of an official plan amendment that removes this moratorium and reinstates the existing policies or replaces them with new policies. Any changes will be based on a critical review of country lot subdivision policies and in particular the proposal to cluster country lot subdivisions and will examine, but not be limited to: a. The impact on existing villages; b. The potential impact on groundwater; 4
c. The development potential in these clusters; d. The implications for the demand for communal services; e. The costs to taxpayers; f. The impact on rural character. [OPA 76, OMB File # PL100206, November 25, 2011] Notwithstanding the foregoing, a plan of subdivision is permitted on lands municipally known as 1175 Manotick Station Road. [Amendment #85, May 26, 2010] The proposed OPA for Jock River Estates Phase 2 would permit a country lot subdivision, notwithstanding the moratorium under Subsection 11 and in recognition of the ongoing efforts to establish this subdivision prior to the moratorium. Again, the owners intention to develop this second phase is well documented and such intentions were made clear to municipal officials and agencies well before the moratorium came into effect. An e-mail dated August 18, 2009 was provided to McIntosh Perry by a City of Ottawa staff stating you have had meaningful discussions during the six months preceding the adoption of the OP. That qualifies this development under the grandfathering provisions. 4.0 Zoning The property is currently zoned Rural Countryside. An amendment will be required to rezone the residential lots to Rural Residential (RR). This can be a condition of draft approval. Blocks 11 and 12 will be placed in an appropriate zone for parkland purposes. The residential lots satisfy standards of the RR zone. 5.0 Measures for Protection of Forest City staff requested planning advice on measures that could be employed to ensure no, or minimal, disturbance of forested areas. The primary measure undertaken has been the redesign of the subdivision and technical investigations that now establish that a suitable building envelope exists on the front half of Lots 5 to 10. The removal of one residential lot and addition of blocks for passive park purposes will also provide additional protection of forested areas, particularly adjacent to the Jock River corridor. Following draft subdivision approval, Lot Grading and Drainage Plans will be prepared to indicate the location of proposed dwellings, septic systems and wells. They will also establish grades and drainage, respecting the recommendations of the EIS and Hydrogeological Services and Terrain Analysis reports. Setbacks will also be established through site-specific zoning to prohibit the construction of buildings and structures within sensitive areas. Additional measures, such as covenants, notices to purchasers, conservation easements, or other approaches can be discussed with the City and owners and incorporated into conditions of approval, if appropriate. 6.0 Support Documentation Several studies and reports were supplied with the original draft plan of subdivision application, as well as the subsequent OPA application. As part of the review process the City and agencies have asked for further study 5
to be undertaken, and such was also required as a result of the revisions to the draft plan now being submitted. Accordingly, the following work is provided with this submission: Revised Hydrogeological Services, Terrain Analysis and Impact Assessment (February 22, 2012) Addendum #1, September 14, 2012 exp. Services Inc. This brief addendum is further to exp s Revised Hydrogeology, Terrain Analysis dated September 28, 2011. The focus of the Addendum #1 is to address the effect of the proposed rear year setback adjacent to the interior forest and the enlarged flood plain of the Jock River. Suitable soils were found on each of the reconfigured lots to support on-site services, subject to some conditions. This work builds on work previously completed by TROW (now exp) and documented in their report Hydrogeological Assessment and Terrain Analysis, March 2009. Phase IV Archaeological Assessment - Intermesh Enterprises Consulting Services (status letter dated September 10, 2012). The Phase IV study was triggered by the discovery of a historic house foundation on the property once occupied by George S. Lyon who won gold for golf in the 1904 Olympics. It follows a Stage III Archaeological Assessment submitted October 15, 2009 and a Stage I and II Archaeological Assessment dated July 23, 2009. Intermesh Enterprises concludes the site has been fully and appropriately mitigated with regard to archaeological concerns. The report will be forwarded to the Ministry of Tourism, Culture and Sport for approval. Preliminary Servicing Report McIntosh Perry, August 5, 2009 (previously supplied). A report was originally submitted with the draft plan submission and revised for the OPA submission. Changes related to the revised plan would be minor in nature and could be addresses through conditions of draft approval and subsequent detailed engineering design. Grading changes will largely be contained in the front half of Lots 6 to 9 and are not anticipated within the 60 m rear yard adjacent to the interior forest area. The report concludes that stormwater runoff will be controlled with open ditches and grass swales. Stormwater quality treatment will be achieved through infiltration within the ditches and with the requirement of keeping a large amount of the site in its existing state. It is assumed that no quantity controls will be required due to the direct outlet to the Jock River and that quality controls will provide 80% total suspended solids removal. Environmental Impact Statement and Tree Conservation Report McIntosh Perry, September 14, 2012. The report concludes that natural features of this site will not be significantly affected if the subdivision retains a high percentage of the existing forest cover. Rear yard setbacks and controls will ensure the integrity of the significant forest parcel on and adjacent to the subject property. Planting of butternut trees and other native species will promote restoration and enhancement of habitat features. 7.0 Conclusion The proposed country lot residential subdivision is limited is size, being only 10 lots, and a logical extension of an existing subdivision. It is consistent with the Provincial Policy Statement and Ottawa s Official Plan. The proposed Official Plan amendment is reasonable and can be justified as the development does not impede the extension of growth from the adjacent village of Richmond as the site is physically cut off from 6
developable lands by designated flood plain and open space lands. The proposed lots have been designed to satisfy Rural Residential zone standards. The draft plan has been revised, with support from additional technical studies supplied with this submission, to address flood plain and interior forest concerns. It is therefore my professional planning opinion that the proposed subdivision is an appropriate use of the subject property, and that there is sufficient justification to approve the proposed Official Plan amendment and draft approve the proposed draft plan, as revised. Sincerely, Mark Snider, MCIP, RPP Senior Planner Phone: 613.267.6524 x 241 m.snider@mcintoshperry.com CP-08-052 7