CONFIRMATION OF MINUTES

Councillor Munter, referring to page 17 of the Minutes, stated he objected to having his dissent noted on the Motion by Betty Hill (that Committee allow one additional member of the public to speak), without text to clarify his reason for dissenting. He asked that the following text be added to the Minutes, and the Committee agreed.

Moved by A. Munter

That the Minutes of 24 November 1998 be amended by adding the following paragraph to page 17, preceding the Motion by Betty Hill:

"Although public delegations had already been completed and Committee discussion was underway, a further request to participate was made. The Chair ruled this could only occur if the Committee agreed to set aside its normal procedural practices."

CARRIED

That the Planning and Environment Committee confirm the Minutes of the Meeting of 24 November 98 as amended.

CARRIED as amended

 

ENVIRONMENTAL SERVICES ITEM

1. CITY OF CLARENCE-ROCKLAND

BUSINESS RECYCLING PROGRAM

- Response to Inquiry No. P&E - 11 (98)

- Environment and Transportation Commissioner’s report

dated 13 Nov 98

Councillor Munter asked staff if there was any way to implement a similar program in Ottawa-Carleton, whereby the Industrial, Commercial and Institutional (IC&I) sector would be obliged to separate and sort their recyclables and waste. Pat McNally, Director, Solid Waste Division advised, unless the Region is providing waste management services, it cannot require that this be done. However, he pointed out most of the larger businesses are required under provincial regulation to have a recycling plan in place pursuant to Regulation 103/94. Mr. McNally confirmed at Councillor Munter’s request, the Region can provide service to businesses and charge them for it.

The Councillor then went on to note the IC&I sector is one of the largest producers of waste, yet all the Region does to assist them in diverting waste is to publish a guide book. He asked if there was something more effective the Region could do to encourage and increase recycling in the IC&I sector. Mr. McNally replied, in both the IC&I and the demolition and construction sectors, the Region does support as much recycling as it can. However, a great deal of these operations currently fall outside the Regional domain. He noted again that most businesses fall under Provincial regulation; the Region does provide service to smaller businesses in industrial parks that can operate within the five bag residential limit and these businesses are obliged to participate in the recycling program.

Councillor Munter indicated he would follow up on this matter in the future.

Responding to questions from Councillor Legendre, Mr. McNally advised very little of the waste received at Trail Road is from the IC&I sector. He pointed out, quite often IC&I businesses are well advanced of the Regional programs and gave the example of Place Bell’s aggressive recycling program.

That the Planning and Environment Committee receive this report for information.

RECEIVED

 

PLANNING ITEMS

2. ZONING BY-LAW APPEAL
TERRENCE JOHN WHITTY IN TRUST - PERKINS RESTAURANT BASELINE AND WOODROFFE ROAD

- Acting Regional Solicitor’s and Planning and Development

Approvals Commissioner’s joint report dated 24 Nov 98

Tim Marc, Manager, Planning and Environment Law, provided the Committee with a brief overview of the staff report.

In response to questions from Councillor Legendre, Mr. Marc advised that should Committee and Council approve the recommendation contained in the staff report, this report would be filed with the Ontario Municipal Board (OMB) indicating the Region’s support, however, staff from the Region’s legal department would not appear at the hearing. He said if it were the will of Committee to have the Region present at the hearing to lead evidence, a specific motion to this effect would be required.

Committee Chair Hunter noted the subject property was acquired from either Minto Developments Inc. (Minto) or Canada Mortgage and Housing Corporation (CMHC) for road widening purposes; he asked if these two entities no longer had an interest in this matter. Mr. Marc offered his opinion that Minto and CMHC’s interests lie not in the planning aspect but in the financial aspect. He advised Minto and CMHC have commenced a legal action, on the premise that since the Region acquired these lands at no cost, they should be entitled to have those lands back if they are surplus to the Region’s needs or to get the value of those lands. Mr. Marc indicated he had had some discussions with Mr. Kelly as to a possible settlement of this action and negotiations are ongoing. He opined this need not be a concern for Committee or Council when making their decision.

Chair Hunter stated he could not believe staff were proposing any action in this matter, when there is a legal claim outstanding against the Region. Mr. Marc stated the worst possible outcome for the Region, if this lease were to be approved, would be that any monies received from Perkins would have to be turned over to Minto and CMHC. He said he did not believe a Court would ever render this decision and further, he felt the Region would not suffer any prejudice as a result of proceeding with this lease and supporting the rezoning sought by Perkins.

Doug Kelly, Solicitor, Soloway, Wright, representing Herzina Holdings Ltd. who owns Shoppers City West and Harry Leiken Holdings Ltd., the owner of the adjacent land on which Home Depot is located. Mr. Kelly explained he was in support of the City of Nepean’s decision to refuse to adopt the zoning by-law amendment.

Mr. Kelly then provided the Committee with a brief history of the Shoppers City West site, which was developed 38 years ago. He noted all leases on the site come due on 31 October 2001, at which time the intent is to redevelop the land. In the late 1980’s, as part of the redevelopment proposal, the Region and the City of Nepean required numerous studies (e.g. transportation, planning, market and engineering studies) to be done for the local official plan amendments and rezonings. The official plan amendment and zoning by-laws were approved by the Region’s Planning Committee and one of the conditions recommended by the Region to make the primary employment area work better (as the transportation studies showed the intersection of Woodroffe Ave. and Baseline Rd. would fail at full development) was the by-pass road known as the Navaho Drive extension.

The speaker advised an agreement was negotiated and signed with the City of Nepean (the Region, although not a party to the agreement, was at the table) that required the Shoppers City West landowners and Algonquin College, to dedicate land for the construction of the Navaho Drive extension and pay a proportionate cost of the extension (approximately $1.8 million). As well, the official plan amendment required them to provide an overhead pedestrian link from the transit station into the south-west corner where the office buildings are to be located. Mr. Kelly stated under the terms of the agreement, if the Navaho Drive extension is not constructed by 2003, the landowners do not have to contribute land or pay their part of the construction costs of the road, which would mean the Region would lose a contribution of $1.8 million.

In conclusion, Mr. Kelly pointed out the traffic studies which Regional staff have indicated are acceptable, cuts off full directional access and allows only a right-in and right-out access to the proposed restaurant. He stated although the Perkins Restaurant has indicated they can live with this, he felt it was not very workable and would lead to more demands for access across the Shoppers City West site, which will not be allowed. He cautioned if the Region proceeds with this lease, it will lose an opportunity to have a well developed primary employment centre with a proper road system in place.

In response to questions posed by Committee Chair Hunter, Mr. Kelly advised the appeal period for the City of Ottawa zoning by-law amendment expires on 17 December 98 and he stated he has been instructed to launch an appeal. Mr. Marc confirmed, at the Chair’s request, the Committee’s decision on the Nepean appeal would also be the Region’s position should there be an appeal of the City of Ottawa’s zoning by-law amendment.

Councillor Legendre had questions of the presenter concerning how the proposed development would affect access to the Shoppers City West property. Mr. Kelly explained there is an access road (old Woodroffe Ave., a Regional Road) off of both Baseline and Woodroffe into Shoppers City West. As part of the redevelopment of Shoppers City West, this access road into Shoppers City West will be blocked off and a new entrance will be constructed off of the Navaho Drive Extension. As a result, the only access into the proposed Perkins Restaurant would be a right in, right-out off of Baseline Road and the only way to have full directional access would be through the Shoppers City West site, which will not be allowed. Mr. Kelly also pointed out the City of Nepean has a problem with the restaurant being at this location because of traffic considerations.

Mr. Marc advised, at Councillor Legendre’s request, that Regional Transportation staff do not have a problem with the proposed access to the restaurant.

Chair Hunter expressed his surprise that Regional transportation staff do not have concerns about this. He felt it would tremendously compromise traffic safety for a number of reasons, namely, if old Woodroffe Avenue (which is presently a one-way heading south from Baseline to the entrance to Shoppers City West), were made a two way street there would be additional traffic heading onto Baseline Road; the construction of Navaho Drive extension is a few years away; and there is no way (short of a U-turn or cutting across private property) for traffic heading west on Baseline Road to access the property.

Councillor McGoldrick-Larsen asked Mary Gracie, a City of Nepean Planner, who was present in the audience, if there was funding allocated in Nepean’s ten year plan for the Navaho Drive Extension to proceed. Ms. Gracie stated she would have to check into this but thought this would be covered under the Development Charges By-law.

Chair Hunter asked the speaker to expand on how the Perkins rezoning application would compromise the Shoppers City West redevelopment plan. Mr. Kelly noted the office buildings in the concept plan are located in the south west corner of the site and, in order for them to be properly developed and allow for easier construction, the landowners would like to acquire all of the property. As well, it is the opinion of the City of Nepean, that no building should be located at the proposed site, as it would compromise the view into the primary employment centre. Mr. Kelly went on to point out the design criteria used for the Home Depot (e.g. designed to bring the store forward to Baseline Road) will be used in the redevelopment of Shoppers City West. He noted it has always been the landowners intent to have some sort of visual feature at the corner of Baseline Rd. and the old Woodroffe Ave.

Colin Kinsman, Perkins Restaurant, advised he had been working on this matter for over two years and referred to Regional Council’s approval of the lease. He noted Perkins has acted in good faith, has spent a great deal of time and money, and has done everything possible to make this a reality, including the OMB appeal of the City of Nepean’s decision.

Referring to the previous speakers comments about access to the proposed restaurant, Mr. Kinsman pointed out Regional Transportation staff have no problem with it and Perkins has hired its own transportation consultants. He opined the Navaho Drive extension has nothing to do with the proposed development and he stated he did not believe the redevelopment of Shoppers City West would be compromised in any way by this proposed development. With respect to comments about congestion and traffic hazards, he noted in the last five years, there has been one traffic accident at the proposed entranceway.

Mr. Kinsman went on to say if Perkins is unsuccessful in obtaining the rezoning, the Region will have two acres of land they cannot develop and the only people who will be able to redevelop it will be the adjacent landowners. He opined Shoppers City West will not be prepared to pay $1 million dollars for that piece of land and no other developer will be interested in it.

In conclusion, Mr. Kinsman stated it has always been Perkins position that, if and when Shoppers City West does redevelop, they would be willing to work with them to do whatever is necessary to integrate the sites. He urged the Committee to support the staff recommendation and allow Perkins to turn a non-usable piece of land into a working business that will create employment, help the tax base and is consistent with the development in the area.

In response to questions from Councillor Legendre, Mr. Kinsman noted the existing access on the south end of the property will be cut off once the Navaho Drive Extension is in place. However, Regional staff have indicated that because the land is leased with this existing access, access at this end of the property would be maintained in some form.

Chair Hunter asked the delegation to address how Perkins Restaurant will exist with only right-in, right-out access. Mr. Kinsman stated he did not view this as a problem and noted this is a business risk Perkins is willing to take. He drew a comparison between this site and the very successful Red Lobster Restaurant on St. Laurent, which is accessed by way of a back alley. Mr. Kinsman also noted traffic studies had been done on the Perkins Restaurant at St. Laurent/Coventry Road, (the number one restaurant out of 18 in Canada), with access very similar to the proposed site and found the traffic impact on the intersection to be minimal.

Mr. Farber, representing Barbara Farber the owner of Shoppers City West, referred to comments made by the previous speaker concerning Shoppers City West being the only entity that would be able to purchase and develop this land should the lease to Perkins not be realized. He noted the rezoning of Shoppers City West does not allow for one additional square foot of land use, even if they were to get access to the subject property.

Mr. Farber noted the Leiken Group has been working with the Region and the City of Nepean on this project for the last five to eight years and it was always anticipated as part of the Navaho Drive extension, the subject land would be integrated into the development. He noted Perkins was offered other locations on the site and pointed out there are other long-term tenants of Shoppers City West, who are interested in staying on the property and who Shoppers City West feels should be accommodated.

The speaker noted some type of esthetically pleasing object (e.g. statue, sculpture, water pond) was envisioned for the subject land that would be visible coming down Woodroffe Ave. and would represent a gateway into the City of Nepean.

Responding to questions from Councillor Munter, Mr. Kelly noted Perkins was offered the only available space on the site, behind the gas station. Mr. Farber added market share was not an issue, but rather it is a question of whether anything should be at the intersection of Woodroffe and Baseline.

In concluding his comments, Mr. Farber noted the leasing of this property to Perkins Restaurant came as a surprise to him. He said if the property is truly surplus to the Region’s needs, it should be put on the market without conditions of zoning.

In response to questions from Councillor Beamish, Les Nalezinski, Property Officer, Planning and Development Approvals Department explained Perkins had approached staff about purchasing this property and after investigating, staff had considered declaring this property surplus to Regional needs. However, after receiving objections from the Leiken Group and subsequent discussions with the Cities of Ottawa and Nepean, it was decided that overall this property should be integrated as part of the development. He said at that time, Regional staff had in their possession a development proposal from the Leiken Group which showed a restaurant at this corner. Regional staff did discuss with Mr. Kelly, the possibility of having the Perkins Restaurant located at this site, however, the Shoppers City West group would not agree to this.

Mr. Nalezinski said staff then decided there were too many problems to declare the property surplus, however, Perkins was interested in leasing the property and this lease was ultimately approved by Corporate Services and Economic Development Committee and Council

Councillor Beamish asked staff if the City of Nepean would have the ability, through site-plan conditions, to incorporate the Perkins site with the Shoppers City West site. Mr. Marc replied pursuant to Section 41 of the Planning Act (dealing with site plan conditions) Nepean would have the right to control access and egress from the property. He said it is staff’s hope that, through cooperation with Shoppers City West, some sort of access could be provided to the Perkins site off of Woodroffe.

Councillor Legendre questioned why the property was not advertised for lease. Mr. Nalezinski responded it is not the Region’s normal practice to advertise land for lease; if the property were to be sold, it would be advertised.

Councillor Munter indicated he would be supporting the staff recommendation. He noted Shoppers City West is fixed in terms of square footage of development; the Perkins proposal represents an opportunity to intensify the site, which is close to the transit station. He acknowledged the tremendous amount of work Perkins had done, and felt this to be a reasonable proposal.

Councillor Beamish indicated he too would be supporting the staff recommendation.

Councillor Molly McGoldrick-Larsen noted she had followed this issue for some time and, although at one time she had supported the leasing of this land to Perkins, she said she was no longer in support of this lease. The Councillor expressed her disappointment that staff of the Property Division would involve the Region in such a "mess". As well, she said she was disappointed the owner of the adjacent property was not willing to work with Perkins to negotiate a reasonable compromise.

Councillor McGoldrick-Larsen said looking at this issue strictly from a land-use perspective, she would agree a restaurant located at this corner (incorporated into the site), would be a good idea. However, from a transportation perspective, it is a nightmare; particularly, in that it is not known what the future holds in terms of access/egress for this site.

In conclusion, Councillor McGoldrick-Larsen stated she felt discussions should take place with the Planning and Development Approvals Commissioner regarding the policies in place for leasing land, to avoid a situation such as this from happening again.

Councillor Legendre pointed out the matter before the Committee related to zoning and not transportation issues. He stated he would support the staff recommendation and in fact would be moving a motion that Legal staff appear at the OMB hearing in support of the Region’s position.

Chair Hunter felt the transportation issues were very much a part of the rezoning. He noted if access is hindered by the closing of the existing access on Woodroffe Ave., Perkins would expect to be provided with another point of access. He said it is against Regional standards to allow access close to existing intersections; there is not enough space between Navaho Drive extension and Baseline Rd. to allow safe access /egress into the site. The Chair felt if the property is rezoned, Shoppers City West could prevent an integration of the properties and could jeopardize the Region’s transportation plans.

In conclusion, the Chair stated although he liked Perkins Restaurants and appreciated the fact they want to bring business to the West end, he could not support the staff recommendation. Referring to the legal dispute yet to be resolved between the Region and the previous owners, Chair Hunter felt the worst possible outcome suggested by Mr. Marc could be realized and would result in none of the monies (expected to be gained by this lease), coming to the benefit of taxpayers. He felt until this is resolved, the Region should not be supporting this rezoning.

Councillor van den Ham stated he would be supporting the staff recommendation. However, he said as this is a business lease, and Perkins knew they would have to apply for rezoning, he did not feel the Region had a role to play in this regard and would therefore not be supporting Councillor Legendre’s motion.

The Committee then considered the recommendations before them.

Moved by A. Munter

That the Planning and Environment Committee recommend that Council support the rezoning sought by Terrence Whitty of Tagr3 Management Ltd. with respect to approximately 1.19 acres of vacant land being part Lot 35, Concession 2, Rideau Front, (Nepean) in the area of the intersections of Baseline and Woodroffe Roads.

CARRIED

YEAS: D. Beamish, M. Bellemare, J. Legendre, A. Munter and R. van den Ham....5

NAYS: G. Hunter.....1

Moved by J. Legendre

That Legal staff attend and participate in the Ontario Municipal Board hearing.

LOST

NAYS: D. Beamish, M. Bellemare, R. van den Ham and G. Hunter.....4

YEAS: J. Legendre and A. Munter.....2

 

3. REZONING APPLICATION - BY-LAW 164/98: TEMPORARY USE,

SURFACE PARKING, 82 METCALFE ST. (AT SLATER)

- Committee Coordinator’s report dated 25 Nov 98

- Transit Services Committee Report 98-08

Councillor Munter noted that Councillor Holmes, who had asked that this matter be referred to Planning and Environment Committee, had to leave to attend another meeting. He indicated he would be moving the report recommendation on her behalf, as well as an additional motion: "That staff work with OC Transpo and contact the Business Improvement Areas and inner-city community associations in the preparation of this report".

Responding to questions from Councillor van den Ham, Nick Tunnacliffe, Commissioner, Planning and Development Approvals Department explained a report went to the Transit Services Committee for discussion. The Transit Services Committee and subsequently the Ottawa-Carleton Regional Transit Commission approved the recommendation presently before the Planning and Environment Committee. Should the Committee approve the recommendation, staff will review what policies might be required, report back to the Committee and hold a full public consultation on the proposed policy changes.

Councillor van den Ham felt the current wording in the Regional Official Plan (i.e. work with the City) was adequate and did not feel that having strict policies and restrictions would accomplish increased transit use.

Councillor Munter said, based on discussions with Councillor Holmes, much of the drive for these policies is coming from the retail sector in the core. Their position being that when parking lots are dedicated to the commuter, this takes away from the parking supply for the businesses and retail sector (i.e. the consumers). He felt this "dovetailed" nicely with the Region’s goals to encourage people to commute by bus.

Referring to page 19 of the report, Councillor Legendre asked Tim Marc of the Legal Department to expand on comments attributed to him, concerning policies contained in the Regional Official Plan. Mr. Marc explained he meant the policies were not as strong as they would have to be in order for the Board to consider giving effect to them. Carol Christensen, Senior Project Manager, Land Use, added the Regional Official Plan does not contain policies that address the specific issue of these interim by-laws that permit surface parking lots. She noted the policy referred to by Councillor van den Ham, states in part that the Region work the City to support the provision of short term parking for shoppers and tourist and discourage long term parking for commuters.

Councillor van den Ham asked the Commissioner to comment on the work this review would entail. Mr. Tunnacliffe replied there would be a fair amount of consultation involved and room would have to be found in the work program. He said unless Committee were to direct otherwise, this would not be of the highest priority and he would expect it would be done over the next year or so, utilizing existing resources.

Committee Chair Hunter felt those pushing for these policy changes were using upper-tier planning to direct the lower tier on how they set their by-laws; in effect using planning as a tool to control market share. He suggested the City of Ottawa has created its own problems in terms of parking and felt they should therefore solve their own problems. He urged the Committee not to support the report recommendation.

In order to clarify the motion, Councillor Munter amended the recommendation to add the words "direct staff to bring forward an amendment to add more" after the word "Council".

Responding to questions from Councillor Bellemare, Commissioner Tunnacliffe advised the two policies in the Regional Official Plan dealing with parking in the central area, both begin with the words "work with the City of Ottawa" and are phrased that way because most of the jurisdiction is within the City of Ottawa’s mandate and not the Region’s. As well, there is the opinion that the legislation dealing with how municipalities can regulate parking, should be changed. He offered this will not be a simple report to write and will involve a considerable amount of consultation (e.g. with the business sector, the community and the City of Ottawa). Mr. Tunnacliffe pointed out if the report indicates policy changes are needed and the City is not willing to make changes to its policies, the Region would have to explore whether it could do anything unilaterally.

The Committee then considered the recommendation as amended.

Moved by A. Munter

That the Planning and Environment Committee recommend that Council direct staff to bring forward an amendment to add more detailed policies on Central Area Parking to the Regional Official Plan.

LOST

NAYS: D. Beamish, R. van den Ham and G. Hunter....3

YEAS: M. Bellemare, J. Legendre and A. Munter....3

This motion having lost, the Committee Chair ruled Councillor Munter’s additional motion as redundant.

Mr. Marc advised the report should go forward to Council without a recommendation of the Planning and Environment Committee.

 

 

CONFIDENTIAL AGENDA ITEMS

 

1. ZONING BY-LAW APPEAL
TERRENCE JOHN WHITTY IN TRUST - PERKINS RESTAURANT
BASELINE AND WOODROFFE ROAD

- Acting Regional Solicitor’s report dated 24 Nov 98

The Committee waived discussion on the following confidential report and received the report without an In Camera Session.

That the Planning and Environment Committee and Regional Council receive this report for information.

RECEIVED

 

2. 1997 REGIONAL OFFICIAL PLAN: BISSON APPEAL

- Planning and Development Approvals Commissioner’s report dated 23 Nov 98

Moved by J. Legendre

That Agenda Item 2 of the Confidential Agenda be considered by the Planning and Environment Committee In Camera pursuant to subsection 11(1) e) litigation or potential litigation affecting the Regional Corporation, including matters before administrative tribunals.

CARRIED

Moved by A. Munter

That the Planning and Environment Committee move out of Camera and resume in open session.

CARRIED

Councillor Legendre indicated he would support the staff recommendations. However, he said although he would support recommendation 2 at this time, without a map of the area he was unable to make an informed decision as to the effect of this recommendation. Carol Christensen, Senior Project Manager, Land Use, advised the Councillor she would endeavor to provide members of Council with a copy of a map of this area, prior to this matter being considered by Council.

The Committee then considered the staff recommendations.

Moved by R. van den Ham

That the Planning and Environment Committee recommend that Council approve the following modifications to the 1997 Regional Official Plan, for presentation as Council’s position on the Bisson appeal to the Ontario Municipal Board:

1) Modify Schedule G to reflect the new flood plain mapping of McKinnon’s Creek, if the new mapping is sufficiently different to show up on the scale of Schedule G of the Regional Official Plan;

2) Modify the designation of Lot 4, Con 11, Cumberland, on Schedule A from Agricultural Resource to a General Rural Area designation, if the soil classification report results in a CLI soil classification of Class 5; and;

3) Modify Schedule D2 to reduce the right-of-way width for Tenth Line Road from the Orleans urban boundary to Navan Road from 34 m to 30 m (and by implication a similar reduction on Mer Bleue Road, although a width for this road is not shown on Schedule D2), as long as the designation of the abutting property is rural.

CARRIED

(A. Munter dissented on recommendation 2.)

 

Moved by M. Bellemare

That Council be requested to waive the rules of procedure to consider this item at its meeting of 9 December 1998.

CARRIED

 

 

INQUIRIES

Councillor Munter submitted the following written inquiry:

A new federal government analysis has concluded that chlorinated drinking water may pose a cancer risk to humans, particularly the risk of bladder cancer. The report by the Laboratory Centre for Disease Control is based on an exhaustive review of dozens of studies carried out across the globe, including in Canada. The study has already caused the Federal-Provincial Drinking Water Committee to re-examine the existing standards for levels of chlorine byproducts (CBP’s).

Nancy Schepers, Director, Water Environment Protection Division and Acting Commissioner, Environment and Transportation Department indicated she would provide a formal written response to this inquiry. She informed Committee, Regional staff are undertaking a number of initiatives and are heavily involved in research on this issue. As well, she advised the levels of chlorine used by the Region are well below the established limits.

 

ADJOURNMENT

The meeting adjourned at 5:15 p.m.

 

 

 

____________________________ ________________________

COMMITTEE COORDINATOR COMMITTEE CHAIR