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Warns developers, city officials to follow guidelines or face consequences
Patrick Dare, The Ottawa Citizen
Published: Saturday, July 26, 2008
Ontario Environment Minister John Gerretsen has stepped into the development battle over Kanata West, telling developers and the city that he wants a lot more proof that building there is the right thing to do.
The minister warns the parties that failure to comply with the conditions he sets out could result in prosecutions under Ontario law.
Responding to several 2006 requests from citizens for more thorough study of the 700-hectare development near Scotiabank Place, Mr. Gerretsen this week issued an order for additional work to be done by the city and the Kanata West Owners Group before the huge office, retail and residential development can take place.
The project has become a giant headache for the city.
The city began the approval process years ago by deciding to be one of the proponents for development, joining with the owners’ group—in addition to being the government approving it.
When the water resources engineer working on the file, Ted Cooper, repeatedly raised questions about the risks of allowing building in the flood plain of the Carp River, he was taken off the project by the then-planning director. He has continued to question the project as a private citizen.
Another city engineer found problems with private consultants’ calculations of possible water flow on and from the proposed development around the river.
Ottawa auditor general Alain Lalonde looked into the issue and found a series of problems with the project, including: development in flood-prone lands does not follow the city’s official plan; the studies supporting development underestimate the volume of water runoff by more than a metre in some locations because the hydrologic model was not set up properly; and water analyses for the development were based on the wrong drainage area.
The auditor also faulted the study process for only looking at the flooding issue as far along the Carp River as Richardson Side Road when it should be looking at the effects of water farther downstream toward the village of Carp. Mr. Lalonde warned that the city could be taking on “unanticipated liability” by allowing construction on flood-prone land.
The city has responded by agreeing to hire an independent engineering expert to look at the whole project.
Mr. Gerretsen’s letter and order make it clear that his staff have followed the project with concern. He cites “the recent turn of events with respect to the errors found, the auditor general’s report and the city’s insufficient rationale for determining the impact of these errors on the Kanata West projects, and to ensure that the environment be protected.”
In the letter, the minister orders a report on how the projects within Kanata West are affected by the errors in the development study. He requires that the city and the landowners group report on the inconsistencies in the city’s flood-plain policies and what the city intends to do about them. He also requires that the city and the landowners, after hearing from the independent consultant, consider whether additional information is needed to measure water flow in the Carp River and its tributaries.
The minister orders the city and the landowners to design a detailed development phasing plan to mitigate the increased surface water runoff that results when development replaces plants and soil with pavement and buildings.
In the letter, he also tells the city and the landowners to consider climate change, since studies project increases in the frequency and intensity of storms.
For Mr. Cooper, the minister’s letter and his direction to the city and the Kanata landowners was tremendous news. He was especially pleased the ministry noted climate change as another important reason to steer development clear of flood plain.
But he said the ministry’s strong position makes the positions of other provincial government branches hard to understand (the Ministry of Natural Resources and the Ministry of Transport have supported the Kanata West project).
Kanata South Councillor Peggy Feltmate said the minister’s concerns make her wonder why the Ontario ministries don’t come up with one position. She said the whole issue has become a huge frustration not only for the developers, but also people who want to move into the area. “I’m not sure that it’s ever going to get resolved.”
Erwin Dreessen, a member of the Carp River Coalition—which has objected to the project as proposed—said the minister’s actions show that the objectors were right in wanting to have more water-flow data and comprehensive plans for the river and the lands around it. He said Kanata West lands that are far away from from the Carp River will ultimately be developed, but the Ministry of the Environment’s concerns mean that land near the Carp will not.
“This is a strong victory. This is a tremendous vindication,” said Mr. Dreessen. “We’re very pleased.”
The Ottawa Citizen