Greenspace Alliance of Canada’s Capital
P.O. Box 55085, 240 Sparks Street, Ottawa, Ontario K1P 1A1
Phone: (613) 733-7727
E-mail: admin@greenspace-alliance.ca
Web site: www.greenspace-alliance.ca

Sierra Club of Canada
412-1 Nicholas Street
Ottawa, Ontario, K1N 7B7
Phone: (613) 241-4611
Fax: (613) 241-2292
E-mail: info@sierraclub.ca
Web site: www.sierraclub.ca/national

11 April 2007
BY REGISTERED MAIL
Patrick Hennessy
Secretary
Ontario Municipal Board
655 Bay Street, Suite 1500
Toronto, Ontario M5G 1E5

Dear Mr. Hennessy:

Subject: Appeal of By-Law Number 2007-103

Part of 4798 Bank Street – Leitrim (File No. D02-2-6-0144)

The Greenspace Alliance of Canada’s Capital and the Sierra Club of Canada hereby appeal to the Ontario Municipal Board the City Council of Ottawa’s passage on March 28, 2007 of By-law Number 2007-103. Both organizations are incorporated. We intervened before Council made its decision, objecting to this rezoning.

This By-law amends the City’s Zoning By-law. On October 23, 2006, we also appealed By-law Number 2006-380 (rezoning property at Bank and Meadowlilly Road). We request that both appeals be heard together.

This rezoning violates numerous provisions of the Ottawa Official Plan, the Provincial Policy Statement and other law and policy, in the following ways:

1- Part of the subject lands are designated as a Provincially Significant Wetland by OMNR, also known as the Leitrim Wetland (wetland), and this wetland must be protected pursuant to the Provincial Policy Statement of 2005.

2- The northeast quadrant of the subject lands includes Urban Natural Area (UNA) # 108, a woodlot containing an abundance of trees up to 175 years old. This area contains at least 21 vascular plant species of Uncommon native plants, including the Butternut (Juglans cinerea) which is listed pursuant to the Species-at-Risk Act as well as the Endangered Species Act. The UNA Environmental Evaluation report on Area 108 failed to identify the Butternut grove. Correct information would have greatly increased the significance rating of this area and resulted in a strategy for preservation as required for identified Urban Natural Features by the City of Ottawa Official Plan.

3- Other parts of the subject lands contain two Regionally Significant and ten Uncommon vascular plant species, whose protection is required by the City of Ottawa Official Plan.

4- The subject lands are actual or potential habitat for Blanding’s Turtle, a listed species under both the Species-at-Risk Act and the Endangered Species Act.

5- Development of the subject lands would decrease forest cover, contrary to the City of Ottawa Official Plan.

6- The development plans do not “develop with nature” along the Blais Road unopened road allowance, as required by the City of Ottawa Official Plan.

7- Drainage of the wetland will diminish habitat for rare, uncommon, endangered and threatened species.

8- Drainage associated with this proposed development will cause significant hydro-geological impacts, resulting in peat wastage and a release of significant quantities of greenhouse gases, contrary to the City of Ottawa Official Plan.

9- Drainage of the wetland will result in the release of methyl mercury into the natural environment.

10- Such other grounds as may arise and as the Board may allow during the course of the hearing.

For the abovementioned reasons, we submit that this By-law does not constitute good environmental planning, contravenes the City of Ottawa Official Plan and the 2005 Provincial Policy Statement, and should be set aside. We respectfully request that an order be made ensure the restoration and preservation of the Leitrim Wetland in perpetuity.

A cheque for $125.00 made out to the Ontario Minister of Finance is enclosed.

Respectfully submitted,
George Wilson, Chair,
Greenspace Alliance of Canada’s Capital
Stephen Hazell, Executive Director,
Sierra Club of Canada

Signed by their counsel
Linda McCaffrey, QC
William Amos