Agriculture and Rural Affairs Committee MINUTES 24 Thursday, 6 September 2012, 7 p.m. Carlsbad Springs Community Centre Present: Councillors D. Thompson (Chair), S. Blais (Vice-Chair), S. Moffatt Absent: Councillors E. El-Chantiry, S. Qadri DECLARATIONS OF INTEREST No declarations of interest were filed. CONFIRMATION OF MINUTES Minutes 23, regular meeting of Monday, 25 June 2012. CONFIRMED Note: 1. Please note that these Minutes are to be considered DRAFT until confirmed by Committee. 2. Please note that any written or verbal submissions (including names but excluding personal contact information) will form part of the public record and be made available to City Council and the public. STATEMENT REQUIRED UNDER THE PLANNING ACT The Chair read a statement required under the Planning Act, which advised anyone intending to appeal the Zoning By-laws listed as Items 2 to 6 and 8 on the agenda that they must either voice their objections at the public meeting or submit comments in writing prior to the Amendments being adopted by City Council on the 12th and 26th September 2012, failing which, the Ontario Municipal Board (OMB) might dismiss all or part of the appeals. In addition, it was noted that applicants could appeal the matters to the OMB if Council did not adopt amendments within 120 days for Zoning, or 180 days for an Official Plan Amendment, of receipt of the applications. COMMUNICATIONS Response to Inquiries * ATV’s Use of Roads and Shoulder Allowances in Rural Ottawa RECEIVED CITY MANAGER’S OFFICE CITY CLERK AND SOLICITOR DEPARTMENT 1. STATUS UPDATE - AGRICULTURE AND RURAL AFFAIRS COMMITTEE INQUIRIES AND MOTIONS - FOR THE PERIOD ENDING 30 AUGUST 2012 ACS2012-CMR-CCB-0057 CITY WIDE That the Agriculture and Rural Affairs Committee receive this report for information. RECEIVED PLANNING AND INFRASTRUCTURE PORTFOLIO PLANNING AND GROWTH MANAGEMENT DEPARTMENT 2. ZONING – PART OF 4175 NIXON DRIVE ACS2012-PAI-PGM-0187 OSGOODE (20) Kate Goslett, Planner, gave a brief PowerPoint presentation on the report and spoke on the staff recommendation. The Committee heard from one delegation: Mr. Ronal Ovens, resident on Nixon Drive questioned the size of the severance and why most of the land was not being protected as agricultural land. Chair Thompson also asked why the severance land was much larger than normally allowed in agricultural land areas and staff stated it was the Committee of Adjustment decision to allow it. Staff stated that they recommended a smaller partial but that recommendation was not followed and the City did not appeal. Tim Marc, Senior Legal Counsel stated that if this recommendation was not carried by Committee or Council then the appellant could appeal to the Ontario Municipal Board and in his estimation the appellant would win since the City did not appeal the Committee of Adjustment decision. That the Agricultural and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of part of 4175 Nixon Drive from AG2 (Agricultural, Subzone 2) to AG6 [XXXr] (Agricultural, Subzone 6 with an exception), as shown in Document 1 and as detailed in Document 2. CARRIED YEAS (2): Councillors S. Blais, S. Moffatt NAYS (1): Councillor D. Thompson 3. ZONING – 2215 SIXTH LINE ROAD ACS2012-PAI-PGM-0191 WEST CARLETON-MARCH (5) That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to the Zoning By-law 2008-250 to change the zoning of 2215 Sixth Line Road, as shown in Document 1, by amending Exception 326r to permit a garden suite for a three year period, as detailed in Document 2. CARRIED 4. ZONING – 168 A AND B RIVINGTON STREET ACS2012-PAI-PGM-0181 WEST CARLETON- MARCH (5) That the Agriculture and Rural Affairs Committee recommend Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 168 A and B Rivington Street from V3I[361r] (Village Residential Third Density, Subzone I, Rural Exception 361) to V3B[XXXr] (Village Residential Third Density, Subzone B, with a Rural Exception) as shown in Document 1 and detailed in Document 2. CARRIED 5. OMNIBUS ZONING BY-LAW AMENDMENTS ACS2012-PAI-PGM-0111 CITY WIDE That the Agriculture and Rural Affairs Committee recommend Council approve amendments to the Zoning By-law 2008-250 to change the zoning as detailed in Document 2. CARRIED 6. COMPREHENSIVE ZONING BY-LAW 2008-250: ANOMALIES AND MINOR CORRECTIONS - THIRD REPORT 2012 ACS2012-PAI-PGM-0213 CITY WIDE REPORT RECOMMENDATION: That the Agricultural and Rural Affairs Committee recommend that Council approve the amendments recommended in Column III of Document 2 and as shown in Document 3, to correct anomalies in Zoning By-law 2008-250. MOTION No. ARA 24/2 Moved by Councillor S. Blais 1. That Report ACS2012-PAI-PGM-0213 be amended by deleting: a) Items 4 and 5 from Document 2 – List of Anomalies and Modifications to Zoning By-law 2008-250 For the Consideration of the Agricultural and Rural Affairs; and, b) Attachments 11 and 12 from Document 3 – List of Site Specific Location Maps. 2. That no further notice be provided pursuant to Section 34(17) of the Planning Act. CARRIED Sarah Millar Martin of FoTenn Consultants had requested to speak as a delegation but declined with the passage of the amending motion which she agreed with. The amended report recommendation was put to the Committee and CARRIED as amended as follows: That the Agricultural and Rural Affairs Committee recommend that Council approve the amendments recommended in Column III of revised Document 2 (Items 4 and 5 deleted) and as shown in revised Document 3 (Attachments 11 and 12 deleted), to correct anomalies in Zoning By-law 2008-250 and that no further notice be provided to Section 34(17) of the Planning Act. 7. COMMITTEE OF ADJUSTMENT DECISION, 4508 EIGHTH LINE ROAD ACS2012-PAI-PGM-0192 OSGOODE (20) REPORT RECOMMENDATION: That the Agriculture and Rural Affairs Committee: 1. Direct staff to examine excess capacity and allocation in the Carlsbad Trickle Feed System as part of the Rural Review Process and Infrastructure Master Plan update; 2. Recommend that Council defer consideration of a request to connect to the Carlsbad Trickle Feed System at 4508 Eighth Line Road until such time as staff have reviewed capacity and allocation in the Carlsbad Trickle Feed System as part of the Rural Review Process and Infrastructure Master Plan update; and 3. Recommend that Council propose to the Committee of Adjustment that no further connections to the Carlsbad Trickle Feed System be permitted until such time as the Infrastructure Master Plan is revised and updated, and advise the Committee of Adjustment that the City intends to appeal severances granted with connections to the Trickle Feed System to the Ontario Municipal Board. Kate Goslett, Planner, gave a brief PowerPoint presentation on this report which is held on file with the City Clerk’s office. Following the presentation the Committee heard from the following delegations: 1) Dwight Johnson who spoke against the staff recommendations. 2) Douglas Stubbs requested further clarification on the amendment motion introduced by Councillor Blais and stated that although his application is not in to the Committee of Adjustment, could he do so and get connected under the new motion. The Committee members requested legal clarification from Tim Marc, Senior Legal Counsel on Councillor Blais’ motion and if this could cause a sudden influx of applications due to the deadline date. Mr. Marc stated that this was a possibility. The Committee requested that the report rise to Council on 12 September rather than 26 September 2012. MOTION No. ARA 24/2 Moved by Councillor S. Blais That the Agriculture and Rural Affairs Committee: 1. Direct staff to examine excess capacity and allocation in the Carlsbad Trickle Feed System as part of the Rural Review Process and Infrastructure Master Plan update; 2. Recommend that Council approve connections to the Carlsbad Trickle Feed System at 4508 Eighth Line Road and other addresses subject to severance applications before the Committee of Adjustment as of 12 September 2012; and 3. Recommend that Council propose to the Committee of Adjustment that no further connections to the Carlsbad Trickle Feed System be permitted as of 1 January 2013 until such time as the Infrastructure Master Plan is revised and updated. 4. Refer this report to the 12 September 2012 City Council Meeting. CARRIED The amended report recommendation was then put to Committee and CARRIED as amended by Motion ARA 24/2. 8. OFFICIAL PLAN AMENDMENT - 2075-2347 TRIM ROAD ACS2012-PAI-PGM-0203 CUMBERLAND (19) REPORT RECOMMENDATION: That the Agriculture and Rural Affairs Committee recommend Council approve and adopt an amendment to the Official Plan to include 2075, 2201, 2207, 2217, 2229, 2241, 2255, 2287, 2317, 2331, 2339 and 2347 Trim Road within the Public Service Area, as shown on Document 1 and as detailed in Document 2. Melissa Jort-Conway gave a brief PowerPoint presentation on the report which is held on file with the City Clerk’s office. Following the presentation Councillor Blais introduced a motion and explained his reasoning for the addition of the properties in his motion. MOTION No. ARA 24/3 Moved by Councillor S. Blais That the Agriculture and Rural Affairs Committee recommend Council: 1. Amend the recommendation by inserting, after the word “include” in the second line, the phrase “5210 and 5220 Innes Road and” 2. Amend document 1 by identifying 5210 and 5220 Innes Road; 3. Amend the text in Article 2.1 of Part B of Document 2, inserting, after the word “as” in the second line, the phrase “5210 and 5220 Innes Road and”. 4. Further amend the text in Article 2.1 of Part B of Document 2, inserting, before the word “impacts” in the third line, the word “potential”. CARRIED The amended report recommendation was put to the Committee and CARRIED as amended as follows: That the Agriculture and Rural Affairs Committee recommend Council approve and adopt an amendment to the Official Plan to include 5210 and 5220 Innes Road and 2075, 2201, 2207, 2217, 2229, 2241, 2255, 2287, 2317, 2331, 2339 and 2347 Trim Road within the Public Service Area, as shown on revised Document 1 (identify 5210 and 5220 Innes Road) and as detailed in revised Document 2. 9. BRIDGE STREET CONNECTION STUDY FOR LONG ISLAND ROAD SOUTH ENVIRONMENTAL ASSESSMENT – RECOMMENDED PLAN ACS2012-PAI-PGM-0179 RIDEAU-GOULBOURN (21) The Committee heard from 2 delegations who spoke in favour of the recommendation: 1) Klaus Beltzner, President, Manotick Village Community Association 2) Bruce Willems, resident of Manotick Village That Agriculture and Rural Affairs Committee recommend that Council: 1. Receive the results of the Bridge Street Connection Study for Long Island South Environmental Assessment Study as detailed in this report; and 2. Direct staff to finalize the Environmental Study Report and proceed with its posting of the 30-day public review period in accordance with Ontario Municipal Class Environmental Assessment, Schedule “B” process. CARRIED 10. REGULATING HYDRONIC HEATERS / OUTDOOR WOODBURNING BOILERS ACS2012-PAI-PGM-0090 WARDS: WEST CARLETON-MARCH (5), CUMBERLAND (19), OSGOODE (20) RIDEAU-GOULBOURN (21) Geraldine Wildman, Coordinator, Strategic Support in the Rural Affairs Office gave a PowerPoint presentation and brief summary of the staff report. The presentation is held on file with the City Clerk’s office. Following the presentation the Committee heard from the following delegations: 1) Glen Roberts, resident near an existing wood burning heater stated that he is pleased with the direction of the report but not happy with the “grandfathering” clause. He presented a video of a neighbours wood burning heater and the noxious smoke which covers his home and property. 2) Catherine McKenzie-Roberts, echoed the sentiments of her husband that grandfathering should not be allowed and the health dangers involved. 3) Daniel Renaud, resident who lives close to the Roberts also stated that the report is headed in the right direction but unfortunately not far enough. 4) Wilmer Verch, Verch Furnace Sales of Pembroke, stated that the report is good and unfortunately the previous delegations are dealing with a neighbour who does not use the right wood or properly maintain his equipment since if properly maintained and used does not create the problems described or viewed in their video. 5) Glen McMahon, a resident of Cumberland also voiced his approval for the direction of the report but felt the regulations could go further. Following the delegations the Committee questioned staff on the differences of these regulations being in a Zoning By-law or Property Standards and Tim Marc, Senior Legal Counsel advised that Property Standards regulations would entail city wide implementation whereas Zoning By-law could be more area specific. MOTION No. ARA 24/4 Moved by Councillor S. Moffatt That the proposed lot minimum be reduced from 8000 square metres to 4000 square metres. FAILED YEAS (1): Councillor S. Moffatt NAYS (2): Councillors S. Blais, D. Thompson That the Agriculture and Rural Affairs Committee recommend that Council approve an amendment to the Zoning By-law 2008-250 to include provisions for regulating hydronic heaters (outdoor woodburning boilers), as detailed in Document 4. CARRIED YEAS (2): Councillors S. Blais, D. Thompson NAYS (1): Councillor S. Moffatt REAL ESTATE PARTNERSHIP AND DEVELOPMENT OFFICE 11. SALE OF LAND – PART OF 2086 AND 2132 TENTH LINE ROAD ACS2012-PAI-REP-0010 CUMBERLAND (19) That the Agriculture and Rural Affairs Committee recommend Council approve the following: 1. Declare the property known municipally as part of 2086 and 2132 Tenth Line Road and described as part of Lot 1, Concession 11, geographic Township of Cumberland, now in the City of Ottawa being part of PINS 14563-0059 and 14563-0061, containing an area of 4.5174 ha (11.17 acres) and shown hatched and identified as Parcels 1 and 2 on Document 1 attached, as surplus to the City’s needs; 2. Release the Restrictive Covenants for the portion of the property identified as Parcel 2 on Document 1; 3. Sale of the property detailed in Recommendation 1 to Hydro One Networks Inc., for the amount of $2,735,000 plus HST, if applicable, pursuant to an Agreement of Purchase and Sale that has been received. CARRIED COUNCILLORS’ ITEMS COUNCILLOR SCOTT MOFFATT 12. WAIVING THE TEMPORARY ENCROACHMENT FEES ASSOCIATED WITH THE IMPLEMENTATION OF THE PROPOSED TRAFFIC MANAGEMENT PLAN – BRIDGE STREET – MANOTICK VILLAGE ACS2012-CMR-ARA-0004 RIDEAU-GOULBOURN (21) MOTION No. ARA 24/5 Moved by Councillor S. Moffatt That the Agriculture and Rural Affairs Committee approve the addition of this item for consideration by the committee at today’s meeting, pursuant to section 84(3) of the Procedure By-law. MOTION No. ARA 24/6 Moved by Councillor S. Moffatt The Agriculture and Rural Affairs Committee, at its meeting of 6 September 2012, approved the following motion added to the agenda pursuant to 84.(3) of the Procedure By-law (being By-law no. 2006-462). WHEREAS on the 7th of June 2012, a Notice of Decision for Site Plan Control Application 1129-1139 was approved by the Manager, Development Review for construction of a 126-unit, three story seniors residence building on the north side of Bridge Street in the block between Manotick Main and Dickinson Circle; AND WHEREAS the City of Ottawa’s Main Street Design Guidelines direct that the Senior’s Residence be built close to Bridge Street, and the RVCA requires a 30 m set back from the Rideau River, thus providing limited on-site area to off load construction equipment and supplies; AND WHEREAS Bridge Street is a very heavily used 2-lane rural village arterial roadway carrying local Manotick traffic, connecting growth communities of Barrhaven South and Riverside South, and providing a key crossing link for local and provincial/interprovincial trucks travelling in southern part of City; AND WHEREAS the developer could create an area on-site to load and unload equipment and supplies, causing frequent disruptions to traffic on Bridge Street as trucks enter and exit the site, leading to increased stops, delays and congestion to all users of the roadway, which would not supported by the community; AND WHEREAS the Manotick Village Community Association has proposed a traffic management plan to ensure continuous free flow of traffic on Bridge Street and is supported by Councillor Moffatt, the developer, the local fire chief, the local police constable, and city staff; AND WHEREAS the City has identified an temporary encroachment fee of approximately $240,000 to implement the proposed traffic management plan for 12 months, the estimated duration to construct the development; AND WHEREAS a temporary encroachment permit for this development had not been planned to be issued and is only being sought to assist in the movement of traffic on Bridge Street. THEREFORE BE IT RESOLVED THAT Agriculture and Rural Affairs Committee recommend that Council approve waiving the temporary encroachment fees associated with the implementation of the proposed traffic management plan. CARRIED Mr. Klaus Beltzner, President of the Manotick Village Community Association was present in support of the report recommendation. “OPEN MIKE” SESSION 1) Mr. Gerry Lee of the Eastern Ontario Deer Advisory Committee spoke in regards to a Wildlife Strategy for Ottawa and distributed a draft his committee’s strategy to the Councillors present. 2) Mr. Klaus Beltzner president of the Manotick Village Community Association wanted assurances that the Manotick Secondary Plan be completed before any zoning changes are implemented. This was assured by Councillor Scott Moffatt and Mr. John Moser, General Manager, Planning and Growth Management. INQUIRIES Councillor S. Blais 1) What is the status of negotiations with the National Capital Commission to add additional area to the community centre lands on Eighth Line Road in Carlsbad Springs, to accommodate additional amenities such as an outdoor rink, in exchange for the site of the former centre on Ninth Line Road? 2) What proactive measures has the City undertaken to deal with wild parsnips and other noxious weeds to protect residents in the rural area? ADJOURNMENT The meeting was adjourned at 9:15 PM Committee Coordinator Chair AGRICULTURE AND RURAL AFFAIRS COMMITTEE MINUTES 24 6 SEPTEMBER 2012 12