On November 23, city planner Cathlyn Kaufman wrote to the Alliance:
(posted on November 30)
Good Afternoon
Here is the Head’s Up Notice for a rezoning for the subdivision known as Rideau Forest Phase 7: Head’s Up Notice.doc Location Map.pdf. The complete circulation will follow next week.
If you have any questions, please do not hesitate to contact me.
Regards
Cathlyn
Cathlyn Kaufman, MCIP, RPP
Planner
City of Ottawa – Development Approvals
110 Laurier Avenue West 4th Floor
Ottawa, ON K1P 1J1 Mail Code: 01-14
580-2424 Ext. 27583 Fax: 580-2576
Some immediate first-round comments and a first inquiry:
From Amy Kempster, 30 Nov 2006:
Note that this is a heavily forested site. There is no mention if it is a rural natural feature, which I believe it probably is. This is just the type of thing that the new zoning bylaw’s lack of recognition of these features will encourage-no mention in the heads up of their presence.
From Bill Royds, 30 Nov 2006:
This is a perfect example of the reason the Greenspace Alliance is appealing the country lot estate section of the 2001 City Official Plan.
It is a heavily wooded rural natural feature that is being gradually destroyed by country lot development. The Greenspace Alliance opposed the development of the adjacent land in the earlier phases of this development and have an outstanding OMB appeal against the section that allows this (actually our appeal is allowing them to use an earlier less restrictive section in the Osgoode Township OP). We need to oppose this to have any meaning to our OMB appeal.
Juan Pedro Unger wrote to the Planner, 5 Dec 2006:
Ms. Cathlyn Kaufman
Planning and Growth Management Department
Re.: Zoning By-law Amendment Proposal Summary
File Number: D02-02-03-0201
Companion Application: Subdivision
File: D07-16-03-0036
Dear Ms. Kaufman,
In relation to the proposed Zoning By-Law Amendment for a 46.69 hectare site described as “the seventh phase of the Rideau Forest North Development”, it is noted that “the land is presently vacant and heavily forested”, and it is noted that part of the area whose change to Country Estate (Exception XX) zoning is being sought, is currently designated “HAZ, Hazard zone”.
One would imagine that the Hazard Zone designation must have been established for some good reason, probably relating to the land’s hydrology and/or geology. Given the length of time such land characteristics usually take to develop, one would also imagine that the HAZ zoning and the conditions that led to its establishment pre-date the purchase of the land by the developer intending to build houses on that land.
Could you please confirm whether:
- Do the HAZ zoning and the conditions that led to that zoning for that land pre-date the purchase of the land by the developer currently seeking to build homes there?
- Has there been such a change in the hydrology and geology of the land that the reasons for establishing the Hazard Zone designation no longer exist?
I eagerly await your response. However, I can advance the comment, for the sake of expediency, that if the answer to the first question is yes and the answer to the second one is no, I would find it alarming to have construction of houses considered for a site with such conditions, and I would expect the City -my City- to turn down the application ‘prima facie’, without need for discussing any hypothetical eventual changes in zoning and development, and unrelentingly defend such a stand against any possible legal action aimed at overturning it. After all, a developer should bear the responsibility for having purchased a land unfit for building homes; it stands to reason that it is a developer’s -or any land purchaser’s- responsibility to practice due diligence in a purchase of land, and assume all the rights, limitations and responsibilities associated with the zoning they bought into.
Thanking you in advance for the attention given to this letter,
Juan P. Unger
On Dec 7, Ms. Kaufman replied:
Good Afternoon, Mr. Unger
Thank you for your comments on the Head’s Up Notice for the Rideau Forest Phase 7 rezoning.
The City of Ottawa received the subdivision and zoning applications for these lands in 2003. Prior to these applications, the former Township of Osgoode had approved the Rideau Forest North lands for country estate lot development (Phases 6 to 11, inclusive) through an Official Plan Amendment in 1995.
The Hazard Zone was put in place under the Township of Osgoode’s Zoning By-law 16-1971 enacted June 28, 1971. The Hazard Zone implements an organic soil overlay designation identified in the former Township of Osgoode Official Plan. With the approval of the City of Ottawa Official Plan, the lands are now designated General Rural and Rural Natural Features Area. The Township of Osgoode Zoning By-law has not been updated to implement the City of Ottawa Official Plan. The Draft Comprehensive Zoning By-law for the City of Ottawa, which implements the City’s Official Plan, zones all of the lands with Rideau Forest – Phase 7 as Rural, RU.
Draft approval for the subdivision of Rideau Forest 7 to 11 was issued by the City on August 25, 2006. As part of meeting the subdivision draft conditions, the Owner has submitted a Geotechnical Report to provide site specific detailed information on soil conditions within Phase 7. This document will be reviewed, revised, if necessary and approved by the City to ensure the lands within Phase 7 are appropriate for development and the subdivision can be approved for registration.
Regards
Cathlyn
On December 7 Juan Pedro replied in turn: (posted December 30)
Dear Ms. Kaufman,
Thank you very much for your prompt response. I am glad to hear -if I understood it well- that the City will at least review those geotechnical studies to ensure that lands targetted for development are not hazardous.
However, the response does raise a larger concern, which you could perhaps help clarify:
– Do the new Official Plan and the Draft Comprehensive Zoning By-Law for the City of Ottawa NOT provide for Hazard Zone designations (or direct equivalent)?
Also,
– Do the OP and the DCZ By-Law not carry over or ‘grandfather’ hazardous zones’ designations from earlier official plans?
Lastly,
– Will those earlier-designation hazardous zones now fall under blanket zonings (such as Rural, RU) that do not distinguish which areas could be hazardous for construction of homes or other structures?
If you could please clarify these questions, it would be a great help in understanding the implications of this and other future zoning and development applications I and others might want to review.
Again, many thanks,
J. P. Unger
On December 11, Albert Dugal wrote to Ms. Kaufman:
COMMENTS – REZONING FOR RIDEAU FOREST PHASE 7
Loss of wetland area
According to Surficial Geology Map 1492A, Kemptville, Ontario, 1982, there is organic soil underlying almost one quarter of the proposed development. As organic soils are only formed under wetland conditions, this area is part of a wetland which is the headwater wetland for the Middle Castor River. The approximate extent of this wetland can best be seen in the 31/G4 East, Kemptville, 1957 topographic map. As indicated in the 1957 and 1975 31G/4 Kemptville topographic maps, the wetland areas extend beyond the limits of the organic soil depicted in Surficial Geology Map 1492A. This is to be expected, as organic soils tend to develop in the wettest areas of wetlands. (My experience with wetlands supports this assumption).
Parts of this headwater wetland, especially east of Manotick Station Road, have/are being destroyed by inappropriate development – more rural subdivisions. The ongoing development and the proposed Phase 7 will undoubtedly negatively impact the base flows in the upper reaches of the Middle Castor River as this wetland is a water recharge and retention area. The South Nation River Conservation Authority should be concerned, for if I recall correctly, they are now supposed to be responsible for protecting wetlands that provide water for water bodies.
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??
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. (The opening of the woodland area by roads and clearing for houses increases the predation rate of bird eggs and young).
Reduction in forest cover
The Description of Site and Surroundings states that the land is heavily forested. The topographic maps and the Google satellite aerial photograph agree. The removal of trees for roads, lawns and houses would decrease forest cover, contravening the objective of the Official Plan to increase forest cover.
Question
Does anyone know if this wetland has been evaluated? If not , it should be! While looking at the Google satellite aerial photo I noticed an extremely interesting wetland feature due east of the southern part of the proposed development. It looks as if it might be an open fen but has a very unusual pattern of water channels in it. There could be some rare species in this habitat. It should be explored. I would be willing to help with the botany.
Albert W. Dugal
December 11, 2007
On December 12, Ms. Kaufman replied:
Good Morning, Albert
Thank you for the e-mail.
The draft plan of subdivision for Rideau Forest – Phases 7 to 11 was draft approved August 25, 2006. The area under went extensive review as part of the subdivision process as both the subdivision and zoning applications were submitted in 2003.
There is a large nature reserve (Block 41) being preserved as private park with Phase 7. I have attached the draft subdivision plan for your information.
Regards
Cathlyn
Status of the development
This zoning amendment (“PART OF 6010 KNIGHTS DRIVE”) was approved by the Agricultural and Rural Affairs Committee on January 25, 2007, apparently without discussion (see http://ottawa.ca/calendar/ottawa/citycouncil/ara/2007/01-25/minutes2.htm), and endorsed by Council on February 14 (see http://ottawa.ca/calendar/ottawa/citycouncil/occ/2007/02-14/arac/ACS2007-PTE-APR-0031.htm).
The staff report is at http://ottawa.ca/calendar/ottawa/citycouncil/ara/2007/01-25/ACS2007-PTE-APR-0031.htm. It quotes, in Document 4, the query from Juan Pedro, but no sight of Albert Dugal’s comment!
On May 28, 2007, city planner Cathlyn Kaufman informs that ” The first Phase – Phase 7 is moving to registration within the next couple of weeks.”
Erwin Dreessen, May 29, 2007