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
Comments below. Return to this page for future documents uploaded to the Forum.Â
| Attachment | Size |
|---|---|
| Rideau Forest Phase 7 Heads Up Notice.pdf | 87.41 KB |
| Rideau Forest Phase 7 Location Map.pdf | 88.76 KB |
| Rideau Forest Phase 7 Draft Plan of Subdivision Nov 16.pdf | 302.45 KB |
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
Comment from Albert Dugal
On December 11, Albert Dugal wrote to Ms. Kaufman:
Note: Draft Subdivision Plan (302 KB) attached to top item in this topic -- comments cannot have attachments...
Some immediate first-round comments
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:
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:
1. 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?
2. 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 nunderstanding the implications of this and other future zoning and develompent applications I and others might want to review.
Again, many thanks,
J. P. Unger