At the Regular meeting of September 28, Council voted in favor of considering the rezoning of land at 42-52 Diamond Marsh Drive from the Open Space (O) Zone to the Residential Low Density (R1) Zone and to advertise the application for public review and comment. This application was referred to the Environment and Sustainability Experts Panel for review. Ken O'Brien, Chief Municipal Planner and Ann-Marie Cashin, Planner were in attendance for this portion of the meeting and presented an overview of the application to the Panel.
The Panel was advised of the development process and were provided background on the recommendation from staff. It was noted that a Municipal Plan amendment is required for this application which provides a second opportunity for the public to provide comment via a commissioners public hearing.
During the original rezoning for the Diamond Marsh subdivision, land at 42-52 Diamond Marsh Drive was zoned Open Space to retain it for a proposed playground. During the development approval stage, the land at 42-52 Diamond Marsh Drive was proposed as building lots and the subdivision was approved as such, inadvertently overlooking the zoning. Water and sewage services have been installed to the lots. This rezoning is proposed to accommodate the lots.
In return, the developer, Fairview Investments Inc., will enter into an agreement with the City to use land west of 15 Bulrush Avenue (see attached map appended to the agenda) for open space requirements for the Diamond Marsh subdivision. Details of the agreement, including a survey of the property and any other requirements, are to be determined. The land is already zoned Open Space (O). The parcel of land is wet in some areas but has room for a playground. Initial site preparation may be part of the agreement. The usable space is comparable to that of the Diamond Marsh space.
The are no development or engineering concerns with the six building lots at 42-52 Diamond Marsh Drive. The building lots at 42 and 44 Diamond Marsh Drive have back yards much deeper than the neighboring properties to prevent leaving a land-locked parcel there. A Panel member felt there is no justification to extending the parcels further than the standard size and encroaching on forest area. Members were advised that land ownership determined the size and shape of the parcels of land. Keeping part of the land zoned as Open Space can be problematic.
During discussion of the proposed new Open Space area, concern was raised about the rock line ditch to handle stormflow and how that would be remedied during development. It was agreed that stormwater management should be considered in the design.
The Panel agreed that considerations should include:
- Ensuring that the space provided in-leu accommodates an adequate and equivalent recreational space for the neighbourhood.
- Ensuring the rock line ditch in the open space that is being provided in-leu of these two lots can handle stormflow and/or ensure this is remedied during development of the playground.
- That public review and comment is sought after for the neighbourhood to ensure the space fits their needs.
The Panel was advised there is an adoption in principal on the agenda for the Regular Council meeting on October 26, 2020.
After considerable discussion, members concluded that they agree with the recommendation and requests that staff review considerations made by the committee. This matter will now be referred via PERS to Council.