Your File No. D07-16-03-0025

Ron Tolmie

129 Salter Cr.

Kanata, ON K2K 1Y8

tolmie129@rogers.com

(613) 271-9543


Kerrie Engler

Planning and Growth Management Department

City of Ottawa

NOTICE OF APPEAL

 

Draft Plan Subdivision (File No. D07-16-03-0025)

KNL Developments Ltd.

300 Goulbourn Forced Road and 535 Goulbourn Forced Road

I have previously filed an appeal concerning the proposed changes to the Official Plan designations covering this property. This appeal concerning the Draft Plan of Subdivision is in support of that previous appeal, which dealt primarily with the lands to be preserved as natural environment areas. In that appeal it was recommended that the Ontario Municipal Board should consider extensive changes in what land is to be developed vs. what should be preserved, but without substantially altering the relative portions assigned to either purpose. If those changes are made then the Draft Plan of Subdivision will in turn require substantial revisions.

Since the development plan was submitted by KNL there have been some significant changes that the OMB should take into account. The City has made an agreement with a consortium (Kanata Highland Properties) of owners of land to the west of the KNL lands under which the City will acquire 126 acres of land that lies between the KNL land and the South March Highlands to the north. If the existing NEA boundary is retained, as I have recommended in my previous appeal, then there is an excellent natural connection between the two properties that will provide for proper connectivity for flora and fauna (and people). This connection will be severed if the KNL plan is adopted, leaving only a narrow footpath that will traverse a deep gulley.

The agreement with the KHP consortium provides an appropriate space for the soccer fields that are included in the proposed Plan of Subdivision. If the fields are located on that land, which will be city owned and will be adjacent to Terry Fox Drive, then a substantial amount of forest lands can be preserved in their place.

To the south of Kizzel Creek there is another connectivity problem. At present, the KNL property provides a link for forest plants and animals that skirts around open farmland that extends to the edge of the KNL property. If that link is destroyed, as is proposed in the KNL plan, then a large forest area known as the Richardson Forest will be isolated from the remaining natural environment areas, and the argument has been put by the owners of that forest that it should be developed because it would not survive as an isolated forest area. This issue has been appealed to the OMB (OP Amendment 16). The Richardson Forest is identified as provincially significant forest land, is designated as an important "Natural Space" in the City's most recent review of areas to be conserved, and it is a physically large area of Shield forest. It should be noted that the open farm land that isolates the forest is in the form of two narrow fingers of land that might be rehabilitated, in which case the "bypass" via the KNL land would not be needed.

The configuration of the Draft Plan of Subdivision is largely determined by the problems associated by the rail line that runs diagonally across the property. That severely restricts the number of north-south streets that cross the rail line and will result in a large amount of wasted space once the industrial train service is removed, which is expected in the near future. That waste space is well suited for development, but instead the planned allocation of what was supposed to have been NEA land has been assigned to it, resulting in the proposal to destroy an equivalent area of much more valuable forest land. The OMB should review this very basic question. In February of this year the City opened a large Transit Station (The Terry Fox Station) near the Carp River just south of where the rail line swings west to cross the KNL land. Thus, if the rail line (which runs along the Carp River to Arnprior) is ever to be used for a future Transit line it will certainly run to the Terry Fox Station, which means that the line crossing the KNL land will not be needed for that connection. It should either be developed or part of it should reserved for use as a bicycle path, freeing a substantial part of the allocation for forest preservation.

The Draft Plan as it stands would require major changes to the Kanata Official Plan (the applicable OP) and to the Campeau agreement that governs the 40% allocation, and it is inconsistent with the current Ottawa Official Plan, which requires that the connectivity between major green spaces should be sufficient to provide adequate migration of flora and fauna. While these issues are more properly dealt with under the OP appeals, they may have a consequent impact on the Plan of Subdivision.

CONDITIONS

Many of the conditions are stated in a very general way that the performance must be "to the satisfaction of the City of Ottawa". The effect of such general statements is to deny the public's right to appeal against whatever is agreed to by the City. Any such blanket statements should have an accompanying rider that restores the public's right of appeal for the associated site plans.

Condition 23 It is not clear from the conditions and the maps that the existing section of the Goulbourn Forced Rd. that passes through the Trillium Woods will be taken out of service immediately when the road along the new alignment has been opened, and will be rehabilitated to become a part of the forest.

Condition 25 (and many others) This condition is subject to the OMB's decision with respect to the Official Plan designations that have been appealed.

Condition 36 (and all other conditions relating to the preservation and planting of trees) Considering the importance of the forests on this property, the plans associated with the trees should be subject to public review and provide a right of appeal.

Condition 38 The Kanata Official Plan specifically requires that the Black Cherry trees must be preserved (and not just "wherever possible") and moreover requires buffer space around them to the NEA standards. This is an important element of the OP appeals.

Condition 60 and following The impact of all storm water facilities on the green space areas should be identified prior to approval, with an opportunity for public review and appeals being provided.

Condition 64 and following The construction of a drainage ditch to replace the existing ditch (sometimes called "Shirley's Brook"), and the question of what parts of this new ditch (if any) should be subject to HADD regulations should be reviewed by the Board.

Condition 70 The OMB should review the location of the sanitary sewer line that crosses the land north of the Beaver Pond because it is the location of that line that determines to a large extent the damage that will be done to the forest lands in the area.

MAPS

The developers should provide, well before the OMB hearings, maps showing the elevation contours of the land as it will exist after the planned development has been completed, together with maps showing any cachement ponds or drainage areas that impinge on the greenspaces, and a map of the trunk sanitary sewers (These were not available prior to the current appeal deadline).

And such additional terms and conditions as the OMB deems to be appropriate.