1 Report to/rapport au : Agriculture and Rural Affairs Committee Comité de l'agriculture et des affaires rurales and Council / et au Conseil October 12, 2012 12 octobre 2012 Submitted by/soumis par : Nancy Schepers, Deputy City Manager/Directrice municipale adjointe, Planning and Infrastructure/Urbanisme et Infrastructure 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 Osgoode (Ward 20) Ref N : ACS2012-PAI-PGM-0241 SUBJECT: ZONING - 6000 MARY ANNE DRIVE OBJET : ZONAGE - 6000, PROMENADE MARY ANNE REPORT RECOMMENDATION That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 6000 Mary Anne Drive from Development Reserve Subzone 1 (DR1) and Village Residential Second Density Subzone D rural exception 611 (V2D[611r]) to Village Residential First Density Subzone I rural exception 610 (V1I[610r]), Village Residential Second Density Subzone D rural exception XXX (V2D[XXXr]), and Parks and Open Space (O1) as detailed in Document 2 and as shown in Document 1.
2 RECOMMANDATION DU RAPPORT Que le Comité de l agriculture et des affaires rurales recommande au Conseil d approuver une modification au Règlement de zonage 2008-250 afin de changer la désignation de zonage d une partie du 6000, promenade Mary Anne de Zone d aménagement futur, sous-zone 1 (DR1) et Zone résidentielle de village de densité 2, sous-zone D, exception rurale 611 (V2D[611r]) à Zone résidentielle de village de densité 1, sous-zone I, exception rurale 610 (V1D[610r], Zone résidentielle de village de densité 2, sous-zone D, exception rurale XXX (V2D[XXXr]) et Zone de parc et d espace vert (O1) comme il est expliqué en détail dans le Document 2 et indiqué dans le Document 1. BACKGROUND The subject property lies within the south edge of Greely Village. The lands are within a draft approved subdivision known as Shadowridge, for which Phase 1 is registered and partially built out. The subdivision is subject to an application for a revised draft plan approval and extension, which is pending approval. The development is serviced by municipal communal water and waste water systems. Lands to the south contain the servicing (well and peat beds) and to the south of that is a licensed sand and gravel pit. To the east and north are lands that lie within the Village of Greely and are slated for residential development. To the west is an existing large lot subdivision with private lakes. The proposal would rezone the Phase 2 subdivision lands from a Development Reserve zone to permit single family homes, semi-detached units and the Phase 1 and 2 park blocks. DISCUSSION Official Plan and Greely Community Design Plan The lands are designated in Schedule A of the Official Plan as Village, which contemplates a small range of residential uses as well as open space uses. The Greely Community Design Plan shows the subject lands as residential and contemplates development on municipally-owned communal services. The road layout differs slightly from the Demonstration Plan within the Community Design Plan (CDP), but it meets the policies and intent of the plan. The range of housing forms and residential densities proposed in Phase 2 of the subdivision, and subject to this rezoning, is consistent with the CDP. Details of Proposed Zoning The land to which the proposed zoning amendment applies is the subject of an application to revise and extend the subdivision draft approval. The rezoning is to permit
3 59 single family dwelling lots, 24 semi-detached lots (48 units) and the public park that encompasses the previous registration and the Phase 2 park block. The current zoning is Development Reserve Subzone 1 (DR1) and a portion is a Village Residential Second Density Subzone D zone with an exception (V2D[611r]). The V2D zone was rezoned as part of the Phase 1 registration of the subdivision, but did not actually form part of that phase. With the proposed layout changes that zone will be corrected to the proposed zoning for the single dwelling lots which will be a Village Residential First Density Subzone 1 rural exception 610 (V1I[610r]) with exceptions to match the existing lots in the registered portion of the development. The zone for the semi-detached lots will be a modification of the Village Residential Second Density Subzone D rural exception 611 (V2D[611r]) with changes to the exception reducing the lot width from 28 to 26 metres the balance of the exceptions will remain the same as those in the existing registered portion of the site. The park will be rezoned to Parks and Open Space (O1). The proposed exceptions zones result in lots smaller than typically found in privately serviced village single family subdivisions, but larger than the centrally serviced single family and semi-detached lots found in suburban or urban subdivisions. Likewise, the setbacks are a compromise of the two densities of development Drinking Water Source Protection Under the Clean Water Act, local source water regions have been directed to prepare Drinking Water Source Protection Plans. The subject site lies within the Raisin-South Nation Source Water Protection Region. The first step in the process was to prepare assessment reports to identify protection areas for the various municipal sources of water including wells and intakes on rivers. The Wellhead Protection Areas have been identified by the degree of vulnerability to contamination on a scale of 4 through 10 and specific threats relating to those vulnerable areas also have been identified. The assessment report has been approved by Ministry of the Environment. The Drinking Water Source Protection Plan is currently with the Ministry for approval. Staff is currently in the interim period, between the identification of the Wellhead Protection Area and threats to it, and the approval of the Drinking Water Source Protection Plan that will create policies or methods for eliminating those threats. The subject lands lie partially within the vulnerability scores of 4 though 10 of the Wellhead Protection Area of the Shadowridge Municipal Well. The direction municipalities have been given, during this interim period, is that any approvals granted for any development that has an associated component which is identified as a prescribed threat to municipal drinking water the municipality must have regard for the potential concern. The four threats identified in the assessment report are for the portion of the Wellhead Protection Area with a vulnerability score of 10 and are: sewage, heating fuel, stormwater management and road salts. Parts of the sanitary sewage systems are considered by the Ministry of the Environment to be a prescribed threat to the Shadowridge Municipal Well. Another prescribed threat within the Wellhead Protection Area is heating oil storage. As natural gas service is available, the use of heating oil will be prohibited through the subdivision agreement and covenants on title. Stormwater management and the use of road salt have been eliminated as a
4 threat as the area of drainage and the density of the road network and development does not meet the threshold of being a threat. In consultation with the South Nation Source Water Protection Region conditions have been imposed as requirement for the subdivision approval that will ensure that any potential threat is negated and that those requirements are in keeping with the proposed Source Water Protection policies. Servicing As a requirement for registration of the Phase 2 of the subdivision the developer will be responsible for the provision of sufficient services for the development. Summary The zoning amendment will permit development of a type and density that complies with the intent of the Community Design Plan. The exception to the subzone requested is the same as the existing registered part of the subdivision for the single family homes and similar for the semi-detached units. The Department supports the Zoning By-law amendment application and recommends that it be approved. RURAL IMPLICATIONS The zoning amendment will allow for the development to proceed and potential impacts will be negated through the subdivision process. CONSULTATION Notice of this application was carried out in accordance with the City's Public Notification and Consultation Policy. One public comment was received expressing concern with the potential for semi-detached units. It was noted that the residential types are contemplated within the subdivision through the CDP. COMMENTS BY THE WARD COUNCILLOR The Ward Councillor is aware of the application. LEGAL IMPLICATIONS Should the zoning be appealed to the Ontario Municipal Board, it is anticipated that a three day hearing would result. If the zoning is refused by Council, reasons must be
5 provided. In the instance of a refusal, an external planning consultant as well as a Hydro Geologist would need to be retained by the City at an estimated cost of $30,000- $45,000. RISK MANAGEMENT IMPLICATIONS There are risk implications with respect to the municipal drinking source protection with the proposed development. These risks have been identified and explained in the report and are being managed by appropriate staff. FINANCIAL IMPLICATIONS If the recommendations are adopted and appealed, staff resources will be used to defend Council s position. In the event that the recommendations are not carried and an appeal is brought, an external planning consultant as well as a hydro geologist would need to be retained at an estimated cost of $30,000 to $45,000. Funds are not available within existing resources, and the expense would impact Planning and Growth Management s operating status. ACCESSIBILITY IMPACTS There are no accessibility implications associated with this report. ENVIRONMENTAL IMPLICATIONS The proposed Zoning By-law amendment is consistent with the Greely Community Design Plan and the subdivision approval process will address any outstanding matters with respect to ground and surface water protection. TECHNOLOGY IMPLICATIONS There are no technology implications associated with this report. TERM OF COUNCIL PRIORITIES This report aligns to the following Term of Council priorities in that the development permitted by this zoning amendment will assist to: - GP3 Make sustainable choices - ES1 Improve stormwater management - ES3 Reduce environmental impact - HC2 Improve parks and recreation
APPLICATION PROCESS TIMELINE STATUS 6 The application was not processed by the "On Time Decision Date" established for the processing of Zoning By-law amendments due to the complexity of the issues associated with the related subdivision. SUPPORTING DOCUMENTATION Document 1 Zoning Key Plan Document 2 Details of Recommended Zoning DISPOSITION Department, Legislative Services to notify the owner, applicant, OttawaScene Canada Signs, 1565 Chatelain Avenue, Ottawa, ON K1Z 8B5, 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
7 LOCATION MAP DOCUMENT 1
8 DETAILS OF RECOMMENDED ZONING DOCUMENT 2 Proposed Changes to the Comprehensive Zoning By-law 1. That the subject lands as shown on Document 1 be rezoned as follows: (i) Area A from Development Reserve Subzone 1 (DR1) to Village Residential First Density Subzone 1 rural exception 610 (V1I[610r]); (ii) Area B Village Residential Second Density Subzone D rural exception 611 (V2D[611r]) to Village Residential First Density Subzone 1 rural exception 610 (V1I[610r]. (iii) Area C from Development Reserve Subzone 1 (DR1) to Village Residential Second Density Subzone D rural exception XXX (V2D[XXXr] (iv) Area D from Development Reserve Subzone 1 (DR1) to Open Space (O1) 2. Amend Section 239 Exceptions of By-law 2008-250 to create an exception, V2D[XXXr] that includes in Column II the text V2D[XXXr] and in Column V the text similar in effect to the following: - minimum lot area of 532 m 2 - - minimum lot width of 13 m per dwelling unit - - minimum front and corner side yard setbacks of 8 m - - minimum interior side yard setback of 2 m - - minimum rear yard setback of 10 m - - minimum landscaped open space of 10%.