Planning and Environment
Committee Comité de l’urbanisme et
de l’environnement Minutes 36 / Procès-verbal 36
Tuesday, 13 September 2005, 11:00 a.m. le mardi 13 septembre
2005, 11 h Champlain Room, 110 Laurier Avenue West
Salle Champlain, 110, avenue Laurier ouest |
Present / Présent : Councillor / Conseiller P. Hume (Chair /
Président)
Councillor / Conseillère P. Feltmate (Vice-Chair / Vice-présidente)
Councillors / Conseillers M. Bellemare, A.
Cullen, J. Harder, D. Holmes G. Hunter,
Absent
/ Absente : Councillors / Conseillers H. Kreling (Regrets / excuses), G. Bédard
DECLARATIONS OF INTEREST
DÉCLARATIONS D’INTÉRÊT
No declarations of interest were filed.
CONFIRMATION OF MINUTES
Ratification dES procÈs-verbaUX
Minutes 35 and Confidential Minutes 10 of the Planning and Environment Committee
meeting held on
Tuesday, 23 August 2005 were confirmed.
At the start of the meeting, Chair Hume read a
statement required under the Planning Act,
which advises that anyone who intends to appeal the proposed Official Plan and
Zoning By-law Amendments or the proposed subdivision listed as Items 2 - 93, must either voice their objections at the
public meeting, or submit their comments in writing prior to the amendment
being adopted by City Council or the proposed
subdivision is granted draft approval by the Director of Planning and
Infrastructure Approvals. Failure to do so could result
in refusal/dismissal of the appeal by the Ontario Municipal Board (OMB).
REFERRALS/deferrals
RENVOIS/reports
1. HARMONIZATION OF SIGN BY-LAWS Regulating PERMANENT SIGNS ON PRIVATE
PROPERTY
HARMONISATION
DES RÈGLEMENTS SUR LES ENSEIGNES QUI RÉGISSENT LES ENSEIGNES PERMANENTES SUR
LES TERRAINS PRIVÉS
acs2005-pgm-bld-0008 CITY WIDE / À
L'ÉCHELLE DE LA VILLE
Deferred from 14 JUne 05 meeting
Arlene Gregoire, Director, Buildings Services, Planning and Growth Management (PGM), Sandra Garnett, Manager, Legal and Service Integration, Don Brousseau, Senior Policy Officer, Tim Marc, Manager, Planning and Environment Law, and Susan Jones, Director, By-Law Services, Emergency and Protective Services, appeared before the Committee with respect to departmental report dated 23 August 2005. Following a detailed PowerPoint presentation by Ms. Gregoire, a copy of which is held on file with the City Clerk, staff responded to questions raised by Committee members and Councillors El-Chantiry and Stavinga and the following represents the main points. Staff had made a presentation to the Agricultural and Rural Affairs Committee (ARAC) in May, who identified some key items, some of which have been addressed immediately.
·
If what is now seen on the
streetscape is legal, it will continue.
There are no major changes, particularly with respect to former Ottawa;
for some of the rural areas where there was a prohibition related to
billboards, these would be a potential reality, but with restrictions on
numbers.
·
There are two types of
developer signs; one might be in the right of way (ROW), in which case it falls
under a By-Law enforced by By-Law Services.
If it is on private property, there is no sunset clause in the By-Law,
but the City has authority after construction is completed to direct the
developer to remove a sign. Councillors
were asked to contact staff if there were any problems.
·
The former City of
Gloucester did have a Signs Review Committee with reports rising to that
Committee as opposed to Council. There
is no legal basis for these Committees under the new Municipal Act and that is why staff is seeking special legislation
to establish such a Committee should staff want to pursue that route to fast
track the handling of Sign Minor Variance reports. Too often the sign industry or their clients wait till the last
minute to erect their signs and unfortunately it does take 2-3 months to
conduct the research, prepare the report and bring it forward to PEC. As such, staff is looking for a mechanism to
streamline the process. There is
currently no authority. The Gloucester
Sign Committee is defunct; it was retained as long as possible, but as members
were lost, staff could not legally fill vacancies. It has been well over a year since that practice has been
discontinued. Of the former
municipalities across the former Region, Gloucester was the only one with a
Signs Review Committee. If the City was
given the authority to create that Committee, it would have to be a Committee
of Council. The Committee of Adjustment
would not be able to perform that function.
The enabling legislation states that Council may consider a variance to
the By-Law and Council has to be a Committee of Council with membership
compromised of Councillors.
·
Former municipalities of
Cumberland, Goulbourn, Kanata, Rideau and Nepean By-Laws were enacted under the
former Municipal Act, which was not specific to the authority to prohibit
billboards. The new Municipal Act
is specific and limits the City to only regulate and not prohibit. That does achieve the purpose of the
enabling legislation, which is to ensure safety and control against
proliferation. There have been court
cases with other municipalities that have had complete prohibitions and
lost. Once a By-Law has been struck
down, there are no regulations and signs can proliferate until a new By-Law is
put in place. Billboard companies
invest significantly in their structures and are the first to apply for a
permit to ensure everything is appropriate and permitted under the By-Law. They are not the source of proliferation
unless there is a vacuum. The problem
is primarily temporary signs that are easy to print off and install, then left
for City staff to remove after a period of time.
·
Within the rural areas,
staff would need to review the zoning designation of lands along roadways,
between the villages to determine if signs are permitted. It is either a District 4 or 5 land
use. Once that is determined, staff
would then need to review the restrictions imposed by the District, over and
above the 2.5km setback. Opportunities
may be nil due to the zoning. Staff
must be careful when there are zoning amendments in the future to analyze the
impact relative to sign regulations if land use is changed from agriculturally
zoned to commercial/industrial because not only will there be the industrial
development, but potentially a billboard on the site. Opportunities are limited and dictated by whether the billboard
company determines if business/traffic counts warrant their investment.
·
Councillor El-Chantiry
referred to a new concept that has signs on the back of trucks or vans that
revolve, which create a distraction when driving 100km/hour.
·
Councillor El-Chantiry
referred to the Dunrobin sign, which was not the sign referred to by ARAC; ARAC
was referring to a City logo with all businesses/institutions/churches, etc.
listed thereon. Ms. Gregoire clarified
a sign was envisioned that would likely have a blue background with the City’s
logo at the top and identify the Village.
Below would be the businesses, directions, similar to the provincial
signs seen off the Queensway or major highways. It was also contemplated to have a bottom section that could
permit the clipping of signs to advertise scheduled year-round community
events. The sign would then be removed
when the event concluded. It was
contemplated as part of the sponsorship program through a Request for Proposal
(RFP), with the private sector developing, installing the signs and approaching
businesses that would want to take advantage.
Obviously, there would need to be discussion with the Ward Councillor
and community as to the best location for those signs. Ms. Gregoire confirmed that information will
be made available with a report by December 31, 2005 and staff would undertake
to provide information regarding the provincial signs and the qualification
required by a business.
·
Overhanging signs on the
downtown streets (Elgin, Bank, Preston, etc); i.e. a shoe for a shoemaker, a
gold bagel if it’s a bakery, etc. – there were two issues; one is area and the
other safety. There must be a 14-foot
clearance for snow in the winter; there is also a maximum area of two metres2
contained in the By-Law. The City
cannot restrict businesses from installing backlit plastic, although staff has
encouraged other forms; i.e. a hanging sign that is carved and painted. The City can only regulate area, projection
and safety. In response to Councillor
Holmes on the old overhanging sign on Elgin (at the McDonald’s) that is
grandfathered, Mr. Brousseau confirmed there have not been any reports on that
sign specifically, but there have been instances with respect to other signs. The new By-Law must also adhere to urban
design guidelines; therefore, if defined within the guidelines for planning
that certain types of signs are encouraged, staff would respect that.
·
Site Plan Approvals and Sign
By-Law – Building Services staff has been reviewing and discussing with
Planning and Infrastructure Approval (PIA) how best to dovetail both
applications. Staff is looking at
requiring the site plan application to also be submitted at the same time as
the sign application, so both can be reviewed simulataneously. There is some streamlining required to
ensure existing design guidelines are incorporated in the approval process;
and, certainly the Site Plan process is a good starting point and provides
sufficient lead time for the developer.
Staff is attempting to implement a process that would have early
identification of the sign and illustrate same on the Site Plan as part of the
entire package.
Councillor Feltmate recalled the recent experience in Kanata. In conducting the investigation it was
discovered there were many businesses that could not find their permits and
that the former City of Kanata, although it did have a By-Law, did not enforce
it. Having said that, she would be
presenting a Motion directing staff to
review and report to Committee and Council on the question of enforcement of
the Signs By-Law with respect to illegally erected signs prior to January 1,
2001. In response to the Motion,
Ms. Gregoire commented that when staff piloted the joint enforcement of signs
illegally placed on the road allowance as well as the temporary and permanent
signs this summer, staff discovered the City’s information data was suspect or
lacking. Certainly, staff can ascertain
how to best deal with the situation, based on this summer’s experience to
simplify or enable those signs that may have been installed correctly pursuant
to the By-Law. Councillor Feltmate
opined that to ask businesses with signs installed for 15-20 years to either
find documentation or to pay a fee is an insult and the City should not be looking
further than the date of amalgamation.
The Committee heard from the following delegations:
Bob Stevenson addressed the Committee in
opposition and provided a written submission, which was circulated and a copy
is held on file with the City Clerk. The
following summarizes the main points:
·
Council announced $100,000
would be spent to attract tourists from Toronto to visit Ottawa. Unfortunately, the lasting impression will
be visual pollution through excessive signage on public/private lands.
·
It is irrelevant to
harmonize if there is no will to enforce.
Yet, the City encourages residents to clean their property each
spring. Most signs can be removed in a
matter of minutes and if a concerted effort was made daily by By-Law
Enforcement Officers, the majority could be removed within a few months. Students were hired this summer to assist in
removing signs, which is inadequate; it is a year-round job and it may be
necessary to impose fines on repeat offenders.
·
Proposed By-Law is too
permissive; a total ban on billboards is a good first step.
·
Private land – one size for
each business in conformity with the existing By-Law.
·
Total ban on gaudy mobile
mini billboards that line commercial strip malls; there is a 120-day time limit
and others do replace them which result in permanency.
·
End practice of corporate
donations at municipal level, which would reduce the pressure for such
excessive commercial signs. Remove
obnoxious Client Services sign at City Hall. Residents are not clients, but citizens; the City is not a
business.
Sean Watts and Guy Francoeur, Viacom Outdoor and Pattison Outdoor, confirmed Ms. Gregoire’s comments that they are the first to come
in requesting a permit and abide by same.
Their structures are well-designed and proportioned with no possibility
of falling over. They have worked with
the City over the past several months to work out the By-Law to remain in
business. They have been in the
industry since 1904 and in Ottawa for well over 65 years erecting billboards
and continue to thrive. The new By-Law
would not see a proliferation, but possibly some additional billboards and
numerous restrictions. They support the
By-Law because it is fair to the industry and public. Although restrictive the new By-Law will allow some growth that is
necessary for the industry and will not be near anyone’s backyard, but in the
industrial areas where there is traffic flow.
The By-Law will permit the industry to move ahead and allow the City to
commence the removal of garbage signs in the community. Mr. Francoeur added the By-Law should be
accepted and approved as is.
The matter then returned to Committee.
In response to Councillor Cullen, Ms. Gregoire advised the primary step
was to eleminate 548 regulations and reduce these to 200 to make it more easily
enforced. Enforcement is provided
through By-Law Services, but Buildings staff must work closely with By-Law
Services because permanent signs on private property are much like zoning since
there are non-conforming rights when the By-Law is changed. Staff must investigate the history of the
property and development, locate the records and as found this summer, through
the pilot, it is somewhate difficult after a period of time. Ms. Gregoire anticipated enforcement will
improve as a result of the new By-Law, primarily because administration and
regulations are clearer and staff will immediately commence enforcement of
illegal signs. Her discussions with Ms.
Jones have indicated there will not be a need to increase staffing for that
enforcement. Ms. Jones added that
By-Law services is proactive presently relative to the enforcement of the
Temporary and Portable Sign By-Law as well as the signs displayed on the road
allowance, particularly in the summer months.
That is also the area that creates the majority of problems. One By-Law in place will assist
enforcement. It is understood there
will be some signs that are labour-intensive in terms of enforcement, but like
any new By-Law it will require additional attention at the front end. Once the information is out there,
enforcement should level off.
Ms. Jones acknowledged the Permanent Sign By-Law is complaint
driven. Building Services, By-Laws
Services and Public Works (PWS) do work together and follow through with
respect to enforcement whether on the road allowance or private property; in
the end all three branches have done their due diligence in ensuring what rules
have to be in place and what must be complied with.
Ms. Gregoire added the New Sign By-Law has a provision for set fines,
which was not universally available in the former by-laws and will provide
By-Law Services with an additional and very effective tool in dealing with
illegal signs. Councillor Harder
commented that as Vice-Chair of the Emergency and Protective Services
Committee, that additional tool was imporant.
Moved by Councillor P. Feltmate:
That staff be directed to review and report
back to Committee and Council on the question of enforcement of the Signs
By-Law with respect to illegally erected signs prior to January 1, 2001.
CARRIED
The recommendations were approved with the
amendment to staff.
1.
Approve the harmonized Sign By-law, as
detailed in Document 1, to establish harmonized regulations for the
installation and maintenance of permanent signs on private property, citywide.
2.
Approve the delegation of authority to the
Director of Building Services Branch to grant an administrative variance of ten
per cent in increase to the physical dimensions of a sign in those instances
where an exception is deemed warranted, as described in Document 1.
3.
Approve that the Planning and Growth
Management Department undertake a review of specific issues identified through
public consultation relating to directional and community signs in rural areas
and report back on options and by-law amendments by December 31, 2005.
4. That staff be directed to review and
report back to Committee and Council on the question of enforcement of the
Signs By-Law with respect to illegally erected signs prior to January 1, 2001.
carried as amended
Planning and
GROWTH MANAGEMENT
URBANISME
ET GESTION DE LA CROISSANCE
PLANNING
AND INFRASTRUCTURE APPROVALS BRANCH
DIRECTION DE L’APPROBATION DES DEMANDES
D’URBANISME
ET D’INFRASTRUCTURE
2. OFFICIAL PLAN - part
of 4800 Bank Street
PLAN OFFICIEL - partie dU 4800, rue bank
ACS2005-PGM-APR-0196 GLOUCESTER-SOUTHGATE (10)
The Committee considered Items 2 and
3 together.
John Moser, Director, Planning and Infrastructure Approvals, Dennis Jacobs, Director, Planning, Environment & Infrastructure Policy, Karen Currie, Manager, Development Approvals, Larry Morrison, Manager, Development Approvals, T. Marc, Cynthia Levesque, Program Manager, Environmental Management, Leslie Vanclief and Cathlyn Kaufman, Planners, appeared before the Committee with respect to departmental report dated 9 August 2005. Ms. Kaufman provided a detailed PowerPoint presentation relative to Items 2 and 3, a copy of which is held on file with the City Clerk.
The Committee heard from the following delegations:
Bill Royds,
Greenspace Alliance of Canada’s Capital (GACC), provided a detailed
submission in opposition, a copy of which was circulated and is held on file
with the City Clerk. The main points
are summarized below:
·
Development
near Bank is a good development and conforms with OP goals, etc. and the
western half is a large suburban development in a Provincially Significant
Wetland. There are two wetlands: the Casino Wetlands (south) and Albion Road
Wetlands or Leitrim Wetlands (west)
·
Plan
of Subdivision would result in direct destruction of wetland that ought to be
complexed with existing Provincially Significant Wetland by the Ministry of
Natural Resources (MNR).
·
Will
destroy part of a site that is an Area of Natural and Scientific Interest
(ANSI) which is also evaluated as the highest value for preservation by the
Urban Natural Areas Environmental Evaluation Study (UNAEES UNA #184).
·
Environmental
Impact Statement (EIS) was not prepared, but only a Wetland Impact Statement
(WIS) that does not cover all that is required of an EIS, as required in OP.
·
Wetland
areas that ought to be complexed with Provincially Significant ones are located
on the Remer property and not covered by any previous OMB decision. Complexing was requested and the fact MNR
has not yet acted does not mean the request is without merit. Boundaries must be clearly defined by MNR in
advance of the acceptance of development proposals.
·
The
Plan of Subdivision's location will not allow it to properly use the stormwater
management system to the west of Bank without negatively impacting the
Provincially Significant Leitrim Wetland and Findlay Creek by directing
subdivision run-off through significant wetland habitat. Since this is adjacent to a provincial
"area of natural significance", it requires a permit under the
Environmental Protection Act (Environmental Protection Act - O. Reg. 153/04
Sect. 41) for discharge of water.
·
Development
will involve the destruction of fish habitat; in accordance with Ottawa 20/20
and OP principle “A Green and Environmentally Sensitive City”, the City expects
and desires a thorough environmental assessment by DFO.
·
WIS
was prepared by Daniel Brunton, who is not a hydrologist. Someone with appropriate expertise, like Dr.
Frederick Michel, Department of Earth Sciences and Institute of Environmental
Science, at Carleton University should be retained.
Arising out of the presentation,
Councillor Deans asked Mr. Royds to define the exact portion of the site he was
objecting to. Mr. Royds identified a
section of land to the west, the Casino Wetlands, the Albion Road Wetlands and
an area of open water. Mr. Royds
pointed to a stream that will run through the lands; if built on there will be
significant problems especially in basements.
At the same time, the wetlands will lose water. The property needs to be severed into two
parts.
Councillor Cullen noted Mr. Royds
was present when PEC dealt with the Leitrim Community Design Plan (CDP) and at
that time, the issue of UNF 184 was raised in the GACC presentation. Staff was certainly aware of UNF 184 and
came to the conclusion it was accommodated.
Mr. Royds responded that this was the same CDP GACC has argued over for
several years. Staff has consistently
ignored GACC requests to consider UNF 184.
Originally, there was to be a phasing of development and this Plan does
not even talk about the phasing.
Councillor Deans asked staff to
outline for PEC where this file has been and the OMB ruling on same. Ms. Kaufman noted the Remer land, which is
part of 4800 Bank, was dealt with at the OMB when the Leitrim community was
being dealt with. It was added to the
Board’s decision to be freed up for residential development and the 1994 OMB
decision gave regard to the wetlands reflected at the bottom of the diagram
(referred to as the Casino Wetlands).
The Board decision also said that MNR, Remers and Tartan walk the
wetlands to determine the boundaries and buffer strip; and, also set in place
for Remer the boundary of land that could be developed at that time. Ms. Vanclief advised that an EIS has been
undertaken and approved by the Environmental Management Division as well as the
South Nation Conservation; the EIS has looked at the portion of the property
proposed for Plan of Subdivision and does take into account the issue raised by
Mr. Royds and allow for consideration of the flowage discussed with the water
moving from the southern wetlands south of property through the subdivision
lands into the Leitrim Wetlands and that will be dealt with through the
drainage. Ms. Levesque iterated a
review was underway of UNF’s across the City and with regard to #184, an
evaluation was completed and ranked high.
Mr. Jacobs posited the report before
PEC does represent an accommodation of the evaluation of #184 as well as
recognizing the constraints placed on the City’s ability to protect that site
by virtue of the 1994 OMB decision. The
OMB actually determined the limits of these sites; staff has conducted further
evaluation of that area, but the CDP PEC dealt with and approved in June reflects
the nature of the City’s ability to control development in that area and
respect the boundaries of the natural features as they exist. Following on that, Councillor Cullen noted
the EIS states Dan Brunton, who is a respected biologist, but not a hydrogist,
prepared the WIS. Ms. Kaufman advised
drainage has been reviewed through the Infrastructure Approvals Division (IAD)
and stormwater reports that have been received. As the proposal moves through Draft Approvals, further studies
and investigation will be implemented and reviewed by IAD as it relates to
stormwater management. Councillor
Cullen received confirmation the sensitivity of the wetland complex is such
that any drainage plan will recognize and sustain the wetland complex that will
remain.
Councillor Cullen then referred to
the issue of having this complexed with a Provincially Significant
Wetland. Ms. Vanclief advised that once
the Remer Subdivision is built out, the Casino Wetlands immediately to the
south will be physically severed from the Leitrim Wetland, which it is now a part
of. It will basically become an orphan
piece of wetland. There are criteria
established through MNR where if a wetland is in close proximity to a
Provincially Significant Wetland such as the Leitrim Wetland, then it can be
considered complexed, so it is essentially part of the larger wetland system.
Councillor Holmes referred to the
comment from GACC about the consideration of the Plan of Subdivision being
premature until the OMB Appeal of the OP is complete? Ms. Kaufman advised the applicant filed under the old Plan
(former Regional OP (ROP) and Gloucester OP).
Mr. Marc further responded that the legally effective plans will be the
former ROP and Gloucester OP. With respect
to the complexing, Ms. Vanclief advised a subsurface connection has not been
looked at through the various studies completed, but essentially the developer
will need to ensure any overland as well as underground drainage must have that
physical hydrological connection between the two wetlands. Ms. Vanclief further advised that staff has
asked that a physical connection is maintained, both for the hydrological
connection as well as a wildlife corridor.
Staff has also asked Remer to work with the proponents to the south who
will also set aside lands to ensure the corridor is there on the lands to the
south.
Vice-Chair Feltmate assumed the
Chair for this portion of the item.
Albert W. Dugal, provided a detailed submission
(partially in opposition), which was circulated and is held on file with the
City Clerk. The main points are summarized
below:
·
Draft
Plan of Subdivision should be restricted to Blocks 1-17, Block 22 and the
eastern halves of Blocks 19-21 and 23 (Phases 1, 2 and part of 3), for the
following reasons.
·
Western
part of Phase 3 and largest part of Phase 4 are situated in prime wetland.
·
In
1992, Dr. Wm. Nuttle (wetland hydrology expert) visited the land in question
and considered it a very important part of the Leitrim Wetlands.
·
The
importance of this area was confirmed by a) the UNAEES, which bestowed a high
environmental rating; and, b) the designating of the area as part of an
ANSI.
·
Lack
of Wetland Knowledge
– at least 5 independent experts indicated there is insufficient knowledge
of the hydrogeology of the Leitrim Wetlands and adjacent properties. The necessity to relocate the proposed
stormwater ponds to the Findlay Creek property east of Bank validated the
concerns expressed by independent experts with regard to excessive water
leakage from various substrates.
·
Destruction
of fish-bearing waterways should require an authorization under Section 35(2)
of the Fisheries Act.
·
Greenhouse
Gas Release and Destruction of Carbon Sinks – according to surficial geology maps, much of
the wetland designated for urban sprawl on the Remer lands is covered with a
layer of organic soil, mostly peat.
Large areas of woodland, also carbon sinks, are slated for destruction,
which violates the intent of the OP and adds to the ever-increasing City
deficit of greenhouse gas removal capability.
·
The
Draft Plan of Subdivision entails loss of large areas of woodland, contrary to
OP objectives.
·
Nationally
Endangered Species
– staff advised of the presence of Nationally Endangered Butternut in woodland
areas within and adjacent to the wetland area.
·
Significant
Plant Species – flowage
component contains many significant plant species.
·
No
plan to mitigate the severe negative impacts on the Casino and Leitrim
Wetlands.
·
Although
OMB did not impose a buffer requirement adjacent to the Casino wetlands,
the City should realize the Remer development is not adjacent to a wetland but
within a high-quality wetland and should therefore require 120m buffer.
As a result of the presentation,
Councillor Deans and Committee members raised questions and the following
summarizes the main points:
·
There
are no current discussions underway to acquire the land in question.
·
Priorities
identified through the Greenspace Master Plan(GMP) and UNAEES represent an acquisition that far
exceeds any financial commitments the City has today. The process has been to identify lands that will imminently be
taken over by development and assign a higher priority thereto and to apply the
funds as required. There are some
limitations as to how the City can currently acquire land because the OP Acquisition
Policies deal with Natural Environment Areas (NEAs) as defined in the former
ROP, therefore the City does not have the authority to acquire other lands
through that process. It is part of the
GMP strategy to identify an acquisition or securement policy that will allow
the City to go beyond in the OP. At
this time, staff is under negotiations for a variety of lands that would
exhaust current funds. The ROP was
specific and the new OP has acquisition policies that were subject to appeal
and part of the resolution of that Appeal is being done through the GMP. Staff is currently operating under the more
restrictive ROP policies. The GMP and
that process has been placed on hold until after the Rural Summit. Many of the issues related to acquisition
deal with rural properties and the ability to secure or protect those lands is
of discussion that was to be held over for the Rural Summit and following that
staff would be in a position to bring forward the report on the Greenspace
Strategy and the Acquisition Policies contained therein. That would take place towards the end of
this year or beginning of next.
Chair Hume resumed the Chair.
Janet Bradley, Borden Lodner
Gervais, Harold Ship, Ship & Krokov, and Andy Naoum, CLGE Engineering, addressed PEC on behalf of the
proponent. Ms. Bradley advised the
proponent has owned the property since the 1960s and asked PEC when is enough
enough? This Committee and previous
Committees have considered this issue many times over. In 1994, the OMB conducted a very lengthy
hearing. Although there is an OMB
decision, decisions can be changed. In
1997 the Region completed an ROP and that is the line shown on the plan that
divided the wetland from the urban area.
After 1997, there was an UNAEES and these issues were raised again;
there was a GMP, with the issues raised again.
Part of the lands were identified as Site #184, but the decision made by
Council through those various analysis is that these lands had development
approval pending and would be recognized as such given the history and ongoing
study with respect thereto. In 2003,
the City conducted another analysis of wetlands with more wetland mapping and
studying resulting in this very mapping as to a division line between the urban
area to be developed and what is the wetland.
Finally, pursuant to its OP, the City undertook an extremely lengthy
study – the CDP with the entire community involved and in June PEC spent many
hours considering the CDP now in effect.
It does create a 120m buffer and there is a recommendation the buffer
area be designated in the OP as Urban Natural Forest (the dark green area
identified in the CDP). Today’s
exercise implements the CDP and the OP through a Subdivision Approval. Ms. Bradley submitted this issue has been
resolved, considered and looked at over time and again. The final subdivision approval stage is not
the forum to reopen that door. There
were many opportunities in the past and she submitted this is the line that has
been established and we need to move forward only looking at the Conditions of
Draft Approval, which are before PEC for consideration.
Chair Hume closed
the Public Meeting and the matter returned to Committee.
Councillor Deans, as the Ward Councillor, posited the lands do have a history and it is a difficult parcel. The OMB drew the line with a buffer that said that was the boundary. Given that and all of the processes that followed, including the CDP, the applicant has a reasonable expectation this would now be approved and have worked with the community on many issues and in good faith can reasonably expect PEC to approve it. The Councillor believed that if PEC listened to the environmental arguments and is convinced the wetland could be jeopardized, then the only choice that remains is to attempt to acquire the property by using the Green Funds the City acquired by selling 5309 Bank.
Councillor Holmes indicated she would be moving a Motion that negotiations be undertaken with the owner of 4800 Bank to purchase the piece of wetland (Site #184). She was not aware if that was possible, but was concerned that funds were sitting in the Green Account with the City not purchasing lands before there is a change in designation. These are significant lands that are going to be developed and it is clear through the Brunton Report and various other comments there are Provincially significant species and the City should ask the Province to come forward with their work on Provincial Wetlands.
Councillor Harder emphasized she would not support the Motion and underscored the significant number of properties she and Councillor Feltmate have been waiting years for the City and former Region to purchase, but there are insufficient funds. In this case, the City is grasping at straws at the end of the line.
Councillor Feltmate concurred with Councillor Harder’s comments and asked if there is a potential to sever the land so that a portion is approved today; that the second part is held until PEC can see the list and prioritize rather than suggesting acquisition at this time.
In response to Councillor Holmes, Mr. Jacobs advised that, in looking at a diagram, there is very little of #184 left as a result of this development. Councillor Holmes then asked whether the item should be tabled for 60 days while negotiations are underway. Mr. Marc responded that PEC could do that and it would be open to the developer under such an instance to appeal to the OMB. Responding further, Mr. Marc advised PEC could approve the eastern section today and hold the western portion for 60 days with respect to the OPA, but he would have to defer to Planning staff to comment on the ability to divide the Plan of Subdivision. Ms. Currie advised the Plan of Subdivision could be approved for the eastern section; specifically staff could identify it by a clear delineating boundary. The lands to the east could be draft approved and Draft approval for the lands to the west brought back pending the decision. The conditions as they read may need to be modified; through the re-delegation to the Director of Planning it could be clarified.
Moved by Councillor D. Holmes:
That negotiations be undertaken with
the owner(s) of 4800 Bank Street to purchase the western portion of the lands.
CARRIED
YEAS (4): Councillors A. Cullen, D. Holmes, P. Feltmate, P. Hume
NAYS (3): Councillors J. Harder, G. Hunter, M.
Bellemare
Moved by Councillor D. Holmes:
That the eastern portion of the development be approved and the western portion be tabled for 60 days pending the outcome of the negotiations undertaken with the developer to purchase the western portion of the land.
LOST
YEAS (3): Councillors A. Cullen, D. Holmes, P. Feltmate
NAYS (4): Councillors J. Harder, G. Hunter, M. Bellemare, P. Hume
The Committee approved the
recommendation as amended.
That the Planning and Environment Committee
recommend Council approve an amendment to the former City of Gloucester
Official Plan for part of 4800 Bank Street as shown in Document 1 and detailed
in Document 2, as amended by the following:
That negotiations be undertaken with the
owner(s) of 4800 Bank Street to purchase the western portion of the lands.
CARRIED as
amended with Councillors D. Holmes and A. Cullen dissenting.
3. Subdivision - Part of 4800 Bank Street
lotissement - partie du 4800, rue bank
ACS2005-PGM-APR-0217 GLOUCESTER-SOUTHGATE
(10)
See Item 2
for discussion and Motions.
The Committee approved the
recommendation as amended.
That the Planning and Environment Committee
authorize the Director of Planning and Infrastructure Approvals to grant draft
subdivision approval for the Subdivision Application for part of 4800 Bank
Street as shown on Document 2 and subject to the draft conditions outlined in
Document 3, as amended by the following:
That negotiations be undertaken with the
owner(s) of 4800 Bank Street to purchase the western portion of the lands.
CARRIED as
amended with Councillors D. Holmes and A. Cullen dissenting.
4. OFFICIAL PLAN AND ZONING – 15 & 81
COLONNADE ROAD NORTH
PLAN OFFICIEL ET ZONAGE - 15 ET 81, CHEMIN COLONNADE nord
ACS2005-PGM-APR-0185 BELL-SOUTH NEPEAN/BELL-NEPEAN SUD (3)
Chair Hume noted the item was withdrawn by staff and should come forward in late October to facilitate further
consultation with interested parties.
5. ZONING - 130 LANGSTAFF
DRIVE
ZONage - 130, PROMENADE LANGSTAFF
ACS2005-DEV-APR-0213 WEST-CARLETON (5)
The Committee approved the recommendation contained in departmental report dated 24 August 2005.
That the Planning and Environment Committee
recommend Council approve an amendment to the former Township of West Carleton
Zoning By-Law to change the zoning of 130 Langstaff Drive from Open Space
Temporary Zone (OST) to Residential Type 2 Zone - (R2) and Open Space Type 1
Zone - (OS1) as shown in Document 1 and
as detailed in Document 3.
CARRIED
6. ZONING - General amendment to the former city of nepean Rural zoning
by-law to resolve technical anomalies
ZONAGE - MODIFICATION GÉNÉRALE AU RÈGLEMENT MUNICIPAL DE ZONAGE RURAL DE
L'ANCIENNE VILLE DE NEPEAN POUR RÉGLER DES ANOMALIES TECHNIQUES
ACS2005-DEV-APR-0193 BELL-SOUTH NEPEAN (3), BAY (7), BASELINE (8),
KNOXDALE-MERIVALE (9)
The Committee approved the recommendation contained in departmental report dated 26 August 2005.
That the Planning and Environment Committee
recommend Council approve amendments to the former Nepean Rural Zoning By-Law
to correct technical anomalies as detailed in Document 1.
CARRIED
7. ZONING - 22 Steel Street
ZONAGE - 22, Rue steel
ACS2005-DEV-APR-0184 BEACON HILL-CYRVILLE (11)
J. Moser, D. Jacobs, K. Currie, L. Morrison, T. Marc,
Michael Wildman, Ron Jack, Delcan, and Cheryl McWilliams, Planner, appeared before
the Committee with respect to departmental report dated 23 August 2005.
Following a detailed PowerPoint presentation by Ms. McWilliams, a copy
of which is held on file with the City Clerk, staff responded to questions raised
by Committee members and the following represents the main points:
·
There
was a comparison of traffic that would have been generated as a school vs. that
of the development; essentially looking at the a.m. peak there would be no
change, but there would be an increase in the p.m. because it is a different
peak.
·
Staff
did not have the exact percentage increase for the p.m. peak, but did not
believe it was a 50% increase. Numbers
indicate the existing is 275 and it would add 70 vehicles during the p.m. peak,
but would need to confirm that figure.
Because the school has not been occupied for a few years, they could not
conduct an accurate measurement; and, used two approaches; standard trip
generation rates as one and other school counts for similarities. When fully occupied the school could
generate upwards of more than 100 vehicles/hour (vph) in the peak hour with
teachers, buses and students that are driven to school (10-15%) that equal
100-130vph two-way total. The proposed
development is 100 +/- units, which equates to 50 cars in the a.m. and 75 in
the p.m.; on average it is 60, with different peak hours. At worst it is the same as the school and at
best it is half the generation rate of the school when fully occupied.
·
Mr.
Jack clarified the traffic generation for the development itself has changed
because the unit count has dropped from 120 to 99; therefore, the site traffic
for the residential proposal was reduced somewhat.
·
There
is one erroneous sentence in the original traffic study that resulted from
previous work when the school was wrapping up and counted the number of buses
at 10/hour and traffic that drove by the school as 20-30/hour on Sumac. There was a sentence that added the two and
said it was school-generated traffic of 30/hour and that is an incorrect
statement contained in the report. The
school when fully occupied was certainly not generating 30 vph. A school is similar to an office with peak
periods and generates more than the residential during the peak hours; during
the rest of the day and weekend the residential generates more.
·
Mr.
Jack advised there were no Saturday/Sunday counts. But, if during peak hours residential generates on average 60vph,
other hours of the day it will generate less, but certainly more than a school
since the school is closed.
·
The analysis
undertaken has demonstrated there is capacity in both the sanitary and storm
sewer to accommodate flows from the development. There is an allowable release rate for this property; the
proponent is required to either stay with that or provide offsite measures that
adhere to an allowable release rate.
They have proposed such a measure, which would include some upsizing of
pipes offsite. The development would
exceed its allowable release rate should no mitigation measures be implemented
(in the order 30%).
·
The decision
relative to Appleford was made within the policy context and looking at the
existing community at that time, based on the application presented. On this site, if the applicant had come
forward with a single family residential plan, staff would certainly have
considered same; the policy framework being operated under today is different
from that in 2001. The OP policies now
direct staff to seek more development density within the urban context to
support many of the Smart Growth initiatives.
Staff would have reviewed the plan and had discussions with the
applicant relative to density and may have sought to increase the density or a
mix of singles and multiples to address the density, affordability issues, etc.
The Committee heard from the following
delegations:
Rich Verbisky provided a a PowerPoint presentation that
was circulated and is held on file with the City Clerk. The main points are summarized below:
·
Traffic Impact Overview: Traffic counts completed July 2004 prior to
completion of 13 unit townhomes on Steel; Data from 2000 relating to the
elementary school traffic generation was referenced in the report, but was
prior to two adjacent townhome developments and a single dwelling development. Report conclusions: one new vehicle every 40 seconds; peak hour traffic
constitutes a significant % increase over existing volumes; two way volumes on
Sumac are anticipated to be 65vph (am) and 110vph (pm) which is above the TAC
Geometric Design Guide for Canadian Roads.
Other considerations absent from report: Safety: Loss
of two schools=increased busing in and out of the local neighbourhood. Pedestrian/bicycle safety and roads/routes
were not addressed in traffic overview.
No identification of remedial measures to address any negative impact on
transit operations due to development traffic. There needs to be further work
before a decision is made.
· Process: Despite Public Notification and Consultation Policy in the City’s website encourages pre-application consultation with community organizations in communities immediately affected by a development application, this was not the approach taken.
· Other Issues: Greenspace is already below suggested guidelines. The density touches the threshold of the maximum density for the area.
·
Process: There
is a standard format for PEC reports that include various sections. The report is missing ENVIRONMENTAL
IMPLICATIONS and therefore all the information is not before PEC.
·
In
closing, he was not opposed to
development, but based on information and proposed site development, suggest
PEC refuse Minto’s current application and invite the City, Minto and community
to work together to achieve an amicable development.
Arising from the comments by the delegation,
Councillor Bellemare received the following clarification:
·
Staff did not
conduct an overall analysis of the percentage of greenspace; Parks and
Recreation do review applications re demands and needs; they would also have
had an opportunity to look at the site when it was offered for sale by the
School Board as to whether it was needed by the City for parks and open
space. The report does reflect
discussions between planning and parks and recreation staff as to needs. Many of the details will form part of the
site plan, but there is a small portion of the site that is to be added as
parkland; there are linkages that will connect the two parks and there is
discussion about action in terms of modifying the facilities in the park to the
east, which are intended to accommodate this development.
·
The process for
disposal of the property would have taken place in advance of the application
and the process by any School Board when offering a parcel for sale, is to
offer it to the City and Parks and Recreation would have addressed the question
of protecting playing fields at that time.
The decision was made not to pursue acquisition and therefore protection
of that field.
Vice-Chair Feltmate chaired this portion of
the item.
Denis Landry provided a written presentation, in opposition,
that was circulated and is held on file with the City Clerk. The main points are summarized below:
·
Density: Recognize the policy of intensification, but
54 units/ha. far exceed the single family and executive semi-detached homes
immediately adjacent. Degree of
intensification needs to be compatible with existing neighbourhood and should
be revised accordingly.
·
Parking
density: plan is for the garage and
driveway to serve as two parking spaces, as opposed to the norm of two spaces
in the driveway. The second car will
inevitably be parked on the street creating an unattractive neighbourhood and
safety hazard.
·
Egress onto
Steel: it is a small street that
already absorbs significant traffic.
Solutions could entail egresses to Elmridge and other streets from the
site.
·
Traffic: disagree with dismissal of safety and noise
considerations by staff. Quality of
life in terms of emissions, family safety and noise factor cause great concern
and seriously need to be considered.
·
Compatibility
with neighbourhood: three-stories will
loom over the street, despite the so-called set-back allowance; and, are not in
conformity with neighbourhood.
·
Wastewater
drainage: Despite the fact the report
states is not an issue with services, there is a great impact when going
from one building to 99.
Chair Hume resumed the Chair.
Paul Strigner provided a written presentation, in
opposition, that was circulated and is held on file with the City Clerk. The main points are summarized below:
·
Loss of
Parkland: current lack of parkland;
Cardinal Heights deeded 0.5% lands (Kinsmen’s Park) in the original plan (1954)
– entitled to lost 4.5% and still waiting.
Desperately need open space.
What happens to the Cash in lieu of parkland?
·
Already suffer
from traffic emanating from within the area.
·
Future
Schools: Poor planning not to leave
space for elementary schools. Where
will children from this development attend school?
·
Services: questioned the sanitary and storm sewers,
water and electrical system capacity.
Parking: Insufficient. Single family homes: Cardinal Heights contains only single-family
homes and should remain as such.
Martin Waurach provided a written presentation, in
opposition, that was circulated and a copy is held on file with the City
Clerk. The main points are summarized
below:
·
The current
neighbourhood is quiet with large yards and small houses with a nice park at
the end of the street and low traffic density.
·
Lack of
transparency in the process. The
consultation process is merely a display of a consultation process, required by
law, as opposed to an open forum.
·
The traffic
study was not available at the public meeting and in response to questions,
Minto indicated there would be a noticeable increase in traffic. 100 units translates to close to 200 additional
cars.
·
The lost
greenspace will be irreplaceable as the neighbourhood is fully developed.
·
The housing
units are not compatible with the surrounding area, specifically the area to
the west. The City (and Minto) has
taken the approach that only immediately adjacent areas are considered in
density calculation. As an alternative
solely single-family housing should be constructed to make it compatible with
the entire neighbourhood. The OP
does not automatically allow the City to maximize density.
·
Access/egress
should also lead onto Elmridge, as it allows traffic from the development to
easily access Ogilvie and Montreal Roads.
·
Insufficient
time and/or effort has been expended in the process and the results of the
traffic study are one-dimensional and do not take into consideration the full
impact on the surrounding neighbourhood.
·
In closing, not
opposed to development on the site, provided it is done with consultation and
approval of residents and the proposed housing style and density accurately
reflect the character and style of the neighbourhood.
Don Stephenson provided a written submission, in
opposition, that was circulated and is held on file with the City Clerk. The main points are summarized below:
·
The proposed
density of 54 units/ha. fails to satisfy OP requirements that development
should be compatible with environs. One
small development to the north is 50 units/ha. and surrounding areas are
10-30. It should not be higher than 30.
·
The development will increase traffic on surrounding
streets, but the impact will be less if traffic can exit via Elmridge and
Steel. Staff suggested this might
permit “cut through traffic”. There
would be no incentive to cut through this area since it is a very poor
alternative to go from Ogilvy to Blair or Montreal.
·
The portion that abuts the north boundary of Fairfield
Park should be zoned so that the 5% required for parkland could be attached to
the existing park. There should be no
thought of accepting a payment in lieu of parkland.
Jeanne Fillmore was quite concerned about the storm
sewers. The report indicates Appleton
has demonstrated that existing sanitary sewers offsite can accommodate the flow
from the proposed development; and, will be increased by 30%. There will be 100 homes; therefore the
capacity should be increased by 100%.
Ms. Fillmore next referred to water pressure. When the homes were built on Millgreen, her water pressure was
reduced, but the report states there is adequate water pressure. She has a problem with that statement and
was not confident the developer will accomplish what he says he will do and not
confident with the entire project.
As a result of the presentation, Councillor
Bellemare requested staff to respond to the concerns raised. Mr. Morrison explicated the development sits
on the boundary for the pressure zones.
Water will come off Steel because it is the higher pressure zone. There is no problem. The area Ms. Fillmore resides in does
experience lower pressure than Cardinal Heights. As for the storm sewer, it was reviewed by both the developer’s
consultant and the City modeled it as well.
There would need to be stormwater attenuation on the developing site and
replace some sections of storm sewer on Elmridge to improve the flows not to
create a problem in the immediate area where they were connecting into the
storm sewers.
Michael O’Leary provided a written submission, in
opposition, a copy of which was circulated and is held on file with the City
Clerk. The main points are summarized
below:
·
Elmridge was a
quiet road that has become very busy considering the school buses and car
traffic from Ogilvie, Elmsmere and Montreal.
Additional traffic would create a very dangerous situation for children
walking to school.
·
Sewer
system: even with changes to handle the
extra volume Elmridge could face sewer back-ups similar to other parts of the
City.
·
Parking: a proper study has not been undertaken,
especially when the school does not allow parking; therefore, Elmridge has a
number of cars parking on the street.
·
Winter maintenance
is a major concern.
·
Local schools
may not be able to accommodate the additional students.
Rita Lemay addressed PEC in opposition and endorsed the comments made by previous
speakers. Ms. Lemay wanted to provide a
personal spin and advised that her father purchased his home on Blair, in the
vicinity of Mowatt in 1965. She lived
on Elvina with her husband who grew up in that home. There are many (20) second generation residents who grew up in
the area and returned because Cardinal Heights is a wonderful, single-family
community. Residents do not want to
lose that. It is part of their
heritage. They were not against
development and would like to see single-family homes constructed.
Conrad Maxwell was in opposition and addressed the storm
sewers, water pressure, electricity and traffic. There are no sidewalks.
Mr. Maxwell lived beside the property and would like to see homes
consistent with the existing community.
He suggested that construction use Sumac and not Steel because his wife
has a severe medical condition and noise affects her considerably. Mr. Maxwell circulated pictures that
illustrate problems with the sewer system and are held on file. Traffic should not all be directed on Steel.
Jack Stirling and Jennifer Murray, for Minto
Developments Inc., in
support of the report. Mr. Stirling
indicated Minto has worked with staff on the site for two years with various
proposals and the application meets OP criteria. A traffic study was conducted, as required in any application for
Site Plan, Subdivision and Zoning, in accordance with the Terms of Reference
Guidelines set out by the City. PEC
heard from Ron Jack who is available to respond to any additional questions PEC
may have, but the recommendations of the study as supported by staff clearly
indicate the proposed development is in accordance with standards acceptable to
the City with respect to traffic. Minto
has heard issues and speculation about servicing. Councillor Bellemare had asked if the applicant was not going to
complete the work recommended in the study, would there be a 30% increase in
the release rate? No, there would
probably be a 500% increase. A study
was completed and revealed what has to be done from a servicing component point
of view to allow this site to be serviced.
Again, it was done in accordance with City guidelines, with City staff
direction and has been modeled several times and found to be correct and
supportable.
Density, Minto has reviewed with staff
several proposals for the site over the years and as indicated by staff,
reducing the density consistently. The
proposed site has 54 units/ha. The site
immediately to the north has 50. The difference
between the site to the north and the subject site is less than two
units/acre. The site immediately north
has a range of 30-60 units/ha.; the site to the northeast – 60-120 units/ha.;
the areas to the south have lower densities.
Minto is transitioning densities from the lower density of 30 and 37
(when translated to acres, it is only 3 or 4 units/acre difference) to a high
of 120 units on Montreal Road. The
areas to the west, which are single-family, at 10-12, are standard
single-family development. There is
nothing inappropriate or incompatible with the proposed density on this site
compared to the site immediately to the north or adjacent thereto.
Reference was made to a previous application
built by Minto, which is a single-family development in 2001, prior to the
adoption of the new OP and under the guidelines of the ROP and former
Gloucester OP. Any discussions with
respect to speculation of how would staff have dealt with that application in
the past are clearly inappropriate because it was dealt with in accordance with
the guidelines of the Plans in place at the time. Contrary to comments of arrogance and not knowing their business,
Minto does listen to the City, the community and area politicians. The Appleford site cannot be compared to the
subject site on Steel, which does not have single-family abutting. The areas being addressed in terms of compatibility
with the community are dealt with as set out by staff in the Zoning
By-Law. The units have been set back on
Steel to the same set back as the new units across the street; the rear yards
on the southern property are similar to the rear yard on the cul-de-sac of
semi-detached to the south. Minto has
not requested any change in height that is not already in existence in the
surrounding communities regardless of the densities. The only changes requested to achieve the densities deal with set
backs, side yards and rear yards in the internal portion of the site, which as
staff has said clearly reflect the urbanization guidelines the City is trying
to work with and establish in delivering various OP policies.
As a result of the presentation, Councillor
Cullen referred to the 5% parkland. Mr.
Stirling indicated that in accordance with some of the discussion with staff,
contrary to some of the comments heard today, the plan does accommodate
greenspace connectivity to the parklands.
The southwest corner depicts a pathway that would be dedicated as
parkland as all pathways are and there is another pathway to the east to
connect to that park as well. Whether
that land will be calculated as parkland dedication under the provisions of the
Planning Act and the balance would be cash in lieu, has not been
finalized as yet. Relative to the cash
in lieu, Ms. Currie advised that a specific number could not be provided
today. The discussion has been that a
component of the land would come to the City, not all of that land seen in that
connection would be counted as parkland because the City typically counts
pathways as non-parkland. That is a
negotiation that must still be resolved as part of the Site Plan and
Subdivision Approval. There would then
be a calculation based on the entitlements, based on the By-Laws to what the
balance would be and an appraisal is required, with a process to arrive at the
value. Responding further to Councillor
Cullen relative to the amount of land, Mr. Stirling indicated that if the
parcel was six acres, 5% would .3 acre; land is in the range of
$200-225,000/acre.
The Committee received the following
correspondence, in opposition, which is held on file with the City Clerk:
·
Email dated 13
September 2005 from Josée Maxwell
·
Fax dated 13
September 2005 from Maud Roy
·
Email dated 12
September 2005 from Jim Walman
·
Email dated 12
September 2005 from Melisa Lessard
·
Letter dated 12
September 2005 from Nicole Mondou
·
Email dated 12
September from Martine Anthony-Ross
·
Email dated 12
September from Kirk and Clara Zynger
·
Email dated 12
September from Lorraine Garrett, Bruce Johnston and Yvonne Johnston
·
Email dated 12
September from Martin and Denise McNeely
·
Email dated 11
September 2005 from Jana Sigutova
·
Email dated 11
September 2005 from George Danihelka.
·
Letter dated 11
September 2005 from Lindsay Merrill, Past President, Cardinal Heights Community
Association
·
Email dated 10
September 2005 from Shawn McDonald
·
Email dated 10
September 2005 from F. Poulin.
·
Email dated 10
September 2005 from Shawn McDonald
·
Email dated 8
September 2005 from Manon and Stephan Richard.
·
Email dated 8
September 2005 from Mahmoud and Ihsan Abou Dakka
·
Letter dated 7
September 2005 from Howell Jones
Chair
Hume closed the Public Meeting and the matter returned to Committee.
Councillor Bellemare addressed a Motion he
was presenting and thanked all those in attendance. Over 150 residents expressed their concerns at a public meeting
similar to today. There is a very clear
consensus this development application is not compatible with the
neighbourhood. There seems to be a
focus that because there are some adjacent townhouses that should be mimicked,
when in fact Steel is a small local street.
The City should be concerned about the extra volume of traffic this will
generate for the community to the west that will bear the brunt (Cardinal
Heights). In the end, when looking at
the various applications, residential intensification is a matter of degree and
does not mean sacrificing quality of life in the City’s mature neighbourhoods. Instead, Smart Growth requires the
protection of their vitality and character.
PEC must also be mindful that this neighbourhood is currently mourning
the loss of its second school. With
schools closing across the City, it is a lamentable situation; one over which
the City has no control, but that is part of the transformation of
neighbourhoods. There is a recent OMB
decision he found interesting; that of 11 August 2005 regarding Brookfield
Homes and the Appeal by Del Corporation.
Page 34 highlighted the OP targets with respect to housing types. The City has not solely set a target to
build 190,000 units of any type over the next 20 years. The evidence presented is that 46% of the
dwellings to be built over the next 20 years are single-family homes. The OMB decision was based on City staff
evidence put forward (by Ian Cross, Program Manager, Research and Forecasting,
PGM), and found there is a shortfall in the number of single-family being built
in Ottawa, identified to be over 13,000 units.
There are not necessarily the lands available to build those homes. One way to address that shortfall is to
re-designate rural and possibly agricultural lands to allow residential
development or the City could redesignate lands such as a former school. The zoning he was putting forward is the
same zoning approved in 2001 and represents 3X the density in Cardinal Heights
and would allow the construction at the rate of 37 units/ha.
Moved by Councillor M. Bellemare:
WHEREAS the established neighbourhood most impacted
by the proposed amendment and immediately west of the subject property is
largely comprised of single detached bungalows on relatively large lots;
AND WHEREAS the Ontario Municipal Board (OMB
Decision/Order No. 2092 issued Aug. 11, 2005) identified a proven need for
additional residential single family lands to meet the objectives of the 2003
City of Ottawa Official Plan and Provincial Policy Statement guidelines in
order to provide an adequate mix of housing types;
AND WHEREAS designating serviced urban lands
for new single detached houses is more cost effective and preferable to placing
continued development pressure on the rural areas of the municipality;
AND WHEREAS, of the 1797 new dwelling units
approved to date in Beacon Hill-Cyrville Ward since 2001, 325 (18%) are new
multiple units (311 townhouses and 14 semi-detached), 1371 (76%) are
apartments, and only 101 (5.6%) are new single detached houses;
AND WHEREAS a reasonable precedent exists to
build singles at this location since, in 2001, the same developer applied for –
and City Council approved – a change in zoning to another similar-sized former
school property within the same neighbourhood (54 Appleford Street – former St.
Gabriel school land) to build 51 single detached houses;
BE IT RESOLVED THAT the Planning and
Environment Committee recommend Council approve:
1.
An amendment to the former City of Gloucester
Zoning By-Law to change the zoning of 22 Steel Street from Institutional
Neighbourhood (In) to Residential Single Dwelling (Rs6) and Residential Single
Dwelling – Exception 28 Rs6 (E28);
2.
That the implementing By-Law not be forwarded
to City Council for enactment until such time as the related Site Plan Control
Application has been approved.
Chair Hume noted recommendation 2 in the
Motion and pointed out that Site Plans are not required for single-family homes
and usually implemented by Plan of Subdivision. Councillor Bellemare accepted the change as a friendly amendment
and asked for confirmation on the exact process for the eventual Subdivision
Application. Mr. Moser confirmed that
Site Plan Applications are not requisite for single-family developments. In this case, if the zoning was approved as
presented by staff, there would be a Subdivision because public roads are
involved. Unless delegated authority
was lifted, staff would approve the Subdivision through various circulations
and the approval process in place.
In response to Councillor Cullen, Ms. Currie
noted the Rs6 zone was the same as that applied on the Appleford site shown on
the overhead as 37 units/net ha., which subtracts the roads. She did not have a net area calculation for
the site, but it would be in the range of 60-70 units. The zone permits an 11m frontage for
singles.
Councillor Cullen next referenced the issue of
school sites. Over the course of this
Council term, this is the third such site.
Each time the community has asked about the parks. Not only does the City lose the greenspace
associated with the school site, but the sportsfield, playground, community programming,
after four programming, summer camps, the ability to run lighthouse programs
and child care centre that could have been located in the school. The Councillor had brought forward a Motion
previously at PEC regarding the school site disposal process. There was a direction to staff to come
forward with a policy, which would see the City purchase or acquire vacant
school sites and questioned the status of that policy and would be filing an
inquiry in that regard.
Councillor Hunter spoke to a Motion that he
would be putting forward after hearing from all the residents. His Motion would provide where there is an
adjacency that mirrors the type of housing the residents occupied; i.e. looking
at the proposed development, Area C borders on Applegrove Court and Area B
faces the recently built semi-detached housing on Steel. It is important that residents living in
houses of a certain type that border the site have the same type of housing
mirrored back at them. That is a
principle the City has tried to achieve in many locations. It is not unusual for residents to despise
and object to the unknown. Minto and
other builders are creating a product they want people to buy. As there are infill developments in all
communities, every Ward Councillor can say that one of the features that
happens is that a large percentage of the purchasers of the smaller units in
the community will be residents from the existing community that development is
going into. They want to remain in
their community, but do not want that large lot or house.
In response to Councillor Holmes on the
number of units Councillor Hunter’s Motion will yield, Ms. Currie advised the
former Gloucester By-Law did not include densities and does not provide a per
ha. calculation; it is a 9m frontage for a semi-detached unit. That may result in two units less in Area B
and the loss of a couple of units in Area C.
Moved by Councillor G. Hunter:
That
the zoning of Areas B and C be revised to permit only residential semi-detached
to reflect the adjacent housing on Steel Street and Applegrove Court,
respectively; and, that the lot area, frontage, set back and similar provisions
of the Zoning By-Law be revised accordingly.
LOST
YEAS (2): Councillors
G. Hunter, P. Hume
NAYS (4): Councillors
A. Cullen, M. Bellemare, D. Holmes, P. Feltmate
On Councillor M. Bellemare’s Motion with the
amended recommendation copied below:
2.
That the implementing By-law not be forwarded
to City Council for enactment until such time as a related Subdivision
Application has received draft approval.
CARRIED
YEAS (4): Councillors
M. Bellemare, A. Cullen, D. Holmes, P. Feltmate
NAYS (2): Councillors
G. Hunter, P. Hume
The Committee approved the recommendations as
amended.
1. That Council approve an amendment to
the former City of Gloucester Zoning By-Law to change the zoning of 22 Steel
Street from Institutional Neighbourhood In to Residential Single
Dwelling (Rs6) and Residential Single Dwelling – Exception 28 Rs6 (E28).
2. That the implementing By-law not be
forwarded to City Council for enactment until such time as a related
Subdivision Application has received draft approval.
carried as amended
8. ZONING - 1544
stagecoach road
ZONAGE - 1544,
chemin stagecoach
ACS2005-DEV-APR-0203 OSGOODE (20)
The Committee approved the recommendation contained in departmental report dated 8 August 2005.
That
the Planning and Environment Committee recommend Council approve an amendment
to the former Township of Osgoode Zoning By-Law to change the zoning of 1544
Stagecoach Road from RU - Rural to R -
Residential as shown in Document 1.
CARRIED
9. ZONING - 7890 and 7900 Springhill Road
ZONAGE - 7890 et 7900, chemin springhill
ACS2005-DEV-APR-0204 OSGOODE (20)
Bill Royds, GACC, was present in opposition to the recommendation contained in departmental report dated 8 August 2005 and presented a comment sheet that in summary observed the report did not properly reflect the environmental values and features that led to a Rural Natural Features(RNF) designation. Reports should list the species and rarity of the feature as well as a general description of the topography, surficial geology and land cover of the area to better allow public and councilors to understand the ecological significance of the proposed redesignation / rezoning. The Committee approved the recommendation.
That the Planning and
Environment Committee recommend Council approve an amendment to the former
Osgoode Zoning By-Law to change the zoning of 7890 and 7900 Springhill Road
from RU (Rural) to CE (Country Estate) as shown in Document 1.
CARRIED with
Councillor A. Cullen dissenting.
10. cash-in-lieu of parking - 415 richmond
road
règlement financier des exigences de
stationnement - 415, chemin richmond
ACS2005-DEV-APR-0009 KITCHISSIPPI (15)
Chair Hume noted
a request from Michael Polowin, McCarthy Tetrault, on behalf of the applicant,
to defer this item to the 27 September
PEC meeting.
Moved by
Councillor J. Harder:
That the
Planning and Environment Committee defer this item to the 27 September 2005 meeting.
deferral carried
PLANNING, ENVIRONMENT & INFRASTRUCTURE POLICY
POLITIQUES D’URBANISME, D’ENVIRONNEMENT ET
D’INFRASTRUCTURE
11. APPEAL 46 TO THE 2003 Ottawa OFFICIAL PLAN - OSGOODE-RIDEAU SOCCER
Association
APPEL 46 AU PLAN OFFICIEL DE LA VILLE D'OTTAWA 2003 - OSGOODE - RIDEAU
SOCCER ASSOCIATION
ACS2005-DEV-POL-0051 OSGOODE (20),
GLOUCESTER-SOUTHGATE (10)
Murray
Chown, Novatech Engineering Consultants Inc., on behalf of the applicant, was present in support of the recommendations
contained in the departmental report dated 15 August 2005. The Committee approved the recommendations.
That Planning and Environment Committee
recommend that Council:
1.
Support the re-designation of part of Lot 1
Concession 1, former Township of Osgoode, as shown at Document 2 attached to this
report, from Agriculture Resource Area to General Rural Area.
2.
Direct staff to communicate this position to
the Ontario Municipal Board at a future pre-hearing on the appeals of the 2003
Official Plan.
CARRIED
Moved by Councillor P. Feltmate
That the Planning and Environment Committee recommend that the Rules of Procedure be waived to allow this item to rise to City Council on 14 September 2005.
CARRIED
12. OTTAWA BY DESIGN - URBAN DESIGN
GUIDELINES
CONCEPTION URBAINE D'OTTAWA - LIGNES DIRECTRICES
ACS2005-DEV-POL-0053 CITY WIDE / À
L'ÉCHELLE DE LA VILLE
The Committee approved the recommendations contained in departmental report dated 2 August 2005.
That the Planning and Environment Committee
receive this report for information and that staff report back in early 2006
with a report outlining the recommended urban design guidelines for (1)
Traditional Mainstreets, (2) Arterial Mainstreets, (3) Gas stations, (4)
Drive-throughs and (5) Large Format Retail.
RECEIVED
13. VACANT
URBAN RESIDENTIAL LAND SURVEY, 2004 UPDATE
ENQUÊTE SUR LES TERRAINS RÉSIDENTIELS VACANTS EN MILIEU URBAIN, MISE À
JOUR DE 2004
ACS2005-DEV-POL-0054 CITY WIDE / À
L'ÉCHELLE DE LA VILLE
The Committee approved the recommendation contained in departmental report dated 24 August 2005.
That the Planning and Environment Committee
receive this report for information.
RECEIVED
BUILDING SERVICES
DIRECTION
DES SERVICES DU BÂTIMENT
14. PRIVATE ROADWAY NAMING - 120 PARKDALE AVENUE (TUNNEY'S PASTURE)
NOM DES ROUTES PRIVÉES - 120, AVENUE PARKDALE (PRÉ TUNNEY)
acs2005-pgm-bld-0018 KITCHISSIPPI (15)
The Committee approved the recommendations contained in departmental report dated 29 July 2005.
That
the Planning and Environment Committee recommend Council approve:
1. An amendment to Section 11 of By-law
2002-521 respecting private roadways to permit the suffix "DRWY" to
be substituted for the suffix "PRIV" for the following roadway names:
TUNNEY'S PASTURE DRIVEWAY, SIR FREDERICK BANTING
DRIVEWAY, COLUMBINE DRIVEWAY, GOLDENROD DRIVEWAY, ELGANTINE DRIVEWAY, SORREL
DRIVEWAY, YARROW DRIVEWAY, CHARDON DRIVEWAY.
2. To amend Section 11 of By-law 2002-521 respecting the naming of private roadways to permit the continued use of "DRWY" as an alternate assigned suffix associated exclusively with names designated for roadways under Federal jurisdiction.
CARRIED
COUNCILLORS’
ITEMS
ARTICLES DES CONSEILLERS
Councillor / Conseillère D. Holmes
15. cash-in-lieu of parking - 282 ELGIN STREET
règlement financier des exigences de
stationnement - 282, rue elgin
acs2005-CCS-PEC-0008 Somerset (14)
The
Committee approved the recommendation contained in Councillor Holmes report dated
31 August 2005.
That the Planning and Environment Committee approve a reduced Cash-in-lieu of Parking levy of $19,600.00 (Nineteen Thousand Six Hundred) dollars ($2,800.00 per space) for the Seven (7) parking spaces required to establish a coffee house at 282 Elgin Street.
CARRIED
INFORMATION PREVIOUSLY DISTRIBUTED
INFORMATION DISTRIBUÉE AUPARAVANT
A. ON TIME REVIEW STATUS
REPORT
rapports d'étape sur l'examen en temps voulu
ACS2005-PGM-APR-0216 city-wide
RECEIVED
B. Advisory Committee Reserve Appointment - ENVIRONMENTAL ADVISORY COMMITTEE
NOMINATION D’UN MEMBRE
SUPPLÉANT AU COMITÉ CONSULTATIF SUR L’ENVIRONNEMENT
ACS2005-CRS-SEC-0041
RECEIVED
Inquiries
DEMANDES DES RENSEIGNMENTS
Councillor / Conseiller A. Cullen
Acquisition
of School Sites
Councillor A. Cullen raised the following inquiry:
What is the status of the direction
Planning and Environment Committee and Council gave to develop a policy to
acquire vacant school sites prior to disposal for development, in order to
protect community amenity space?
(Please place the response to this
inquiry under “Information Previously Distributed” portion of the PEC Agenda.)
Chair/ Président P. Hume
Evaluation of
Sewer Inspections
To the Utilities Branch
Chair Hume raised an Inquiry from
June 14 (PEC-05-05) relative to the review of sewer tapes by Sewer-Matic for
possible improvements. They were some
six to eight months behind. The
response has not come forward and Chair Hume inquired when could PEC expect to
see the results of that inquiry.
ADJOURNMENT
LEVÉE DE LA SÉANCE
The Committee adjourned the meeting at 4:50 p.m.
Original signed
by Original
signed by
L. Ferrari Councillor
P. Hume
Committee Coordinator Chair