Document
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4. 2009 WARD BOUNDARY REVIEW – Fernbank lands Examen
2009 des limites de quartiers – TERRes de FERNBANK |
DOCUMENTATION
2. Extract
of Draft Minutes
Corporate
Services and Economic Development Committee
Comité des services organisationnels et du développement économique
and Council / et au Conseil
Submitted by/Soumis par : Kent
Kirkpatrick, City Manager/Directeur des services municipaux
Contact
Person/Personne ressource : M. Rick O’Connor,
City Clerk
& Solicitor / Greffier et Chef du contentieux
(613)
580-2424 x 21215, rick.oconnor@ottawa.ca
SUBJECT:
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OBJET :
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Que le Comité des services organisationnels et du développement économique recommande au Conseil d’approuver une modification mineure des limites de quartiers telle qu’illustrée au Document 1, afin de redistribuer les terres de Fernbank du quartier 21 aux quartiers 6 et 23.
At the 23 March 2009 meeting of Corporate Services and Economic Development Committee (CSEDC), Councillor G. Brooks submitted a Notice of Motion requesting that CSEDC consider a minor adjustment to the ward boundaries for Wards 6, 21 and 23 that would enable the Fernbank Lands to be redistributed from a rural ward to suburban/urban wards.
Corporate Services and Economic Development Committee considered Report ACS2009-CMR-CSE-0004 at its meeting of 7 April 2009 and recommended that Council:
1.
Direct staff to bring forward a
report to the 16 June 2009 meeting of Corporate Services and Economic
Development Committee, to be considered by Council on 24 June 2009, that would
enable the Fernbank lands to be redistributed from Ward 21 to Ward 6 and/or
Ward 23; and
2. Direct
staff to ensure that all required notice is given to comply with statutory and
City requirements.
3. Direct
staff to come forward with a report within the first year of the next term of
Council to provide for the incorporation within the affected Wards of any
changes made to the Urban Boundary resulting from the current Official Plan
review.
Council considered and approved the above-noted Committee recommendations.
Following Council approval, the Councillors for Wards 4, 6, 21 and 23 consulted with the public at a joint meeting held on 2 June 2009 at the Stittsville & District Community Centre to discuss the minor adjustment of the ward boundaries between wards 6, 21 and 23 which would enable the Fernbank lands to be redistributed from Ward 21 into Ward 6 and Ward 23. Nineteen (19) people were present to express their views on the proposed minor ward boundary adjustment.
A map of the proposed new ward boundaries was available for viewing at the public consultation meeting, copy attached as Document 1. The redistribution of the ward boundaries to include the Fernbank lands into Wards 6 and 23 was well received by those present.
A comprehensive review of Ward Boundaries was conducted in 2005, which resulted in the adoption of By-law 2005-302 on 22 June 2005. The by-law was subsequently appealed to and approved by the Ontario Municipal Board (O.M.B.) on 31 October 2005. The new ward boundaries took effect for the 2006 municipal election.
One of the principles for devising Ward Boundaries was that rural areas are a distinct community of interest for urban/suburban areas. The area in question is known as part of the “Fernbank Community Design Plan” lands. The hatched lands were added to the Urban Area pursuant to an 11 August 2005 decision of the Ontario Municipal Board. The crosshatched lands are completely, or almost completely, surrounded on all sides by land within the Urban Area. Presently the lands are located in Ward 21 and, in most part, were added to the Urban Area pursuant to a decision of the O.M.B. on 11 August 2005. However, given the advanced state of the Ward Boundary review in 2005, it was not possible to add these lands to the urban/suburban wards at that time. At this time, it would be appropriate to give consideration to adding these Fernbank lands to urban wards.
Sections 222 and 223 of the Municipal Act, 2001 govern the dividing or re-dividing of a municipality into wards. In order for any changes in ward boundaries to be effective for the 2010 election, it is required that the by-law must be in force by 31 December 2009.
Should
Council enact a by-law, at its meeting of 8 July 2009, the City Clerk is
required to give notice within 15 days of the passing of the by-law to the
public specifying the last date for filing a notice of appeal. The appeal period extends 45 days from the
date of the passing of the by-law, which would fall on 22 August 2009. Should Council consider and subsequently
pass a ward boundary by-law, any person may file an appeal of the passing of
the by-law to the O.M.B. If there is no
appeal, the by-law comes into effect automatically. If there is an appeal, the by-law does not come into effect until
the appeal is heard by the O.M.B., and the Board has issued an order on the
matter. If this occurs, the O.M.B. must
hold its hearing and issue any order prior to the end of 2009.
At the Fernbank CDP public meeting on 27 April 2009, Councillor Qadri advised those in attendance that there would be a public consultation meeting scheduled to receive comments on the re-distribution of the Fernbank lands. A separate public consultation meeting was held on 2 June 2009 at the Stittsville & District Community Centre. Nineteen (19) people attended this public consultation meeting to view and comment upon the proposed minor ward boundary adjustments. Those present received the proposed changes to the ward boundaries to include the Fernbank lands into Wards 6 and 23 with optimism. The only concern raised was the issue of community association boundaries, which will be further discussed with the respective councillors. It should be noted that the Stittsville Village Association, the main community association for Stittsville, also supports the change.
Pursuant to Public Notice By-law 2002-522, as amended, Notice was given
of the intention to hold a public meeting before the Corporate Services and
Economic Development Committee at its regular meeting of 16 June 2009 to
consider the report on the 2009 Ward Boundary Review – Fernbank Lands. The notice advised that the intent of this
review is to consider the possibility of redistributing certain Fernbank lands
that have been designated as urban and which are completely, or almost
completely surrounded by urban lands from ward 21 to wards 6 and 23.
This item was also advertised in the local dailies as part of the Public Meeting Advertisement prior to the Corporate Services & Economic Development Committee meeting.
The four District School Boards as well as the Municipal Property Assessment Corporation were also advised of this ward boundary review.
The councillors for wards 6, 21 and 23 have been informed of
the proposed ward boundary change and all have indicated their support.
The appeal process has been discussed above. There are no other Legal/Risk Management implications.
There are no financial implications with the approval of the minor ward boundary changes.
Document 1 – Proposed new Ward Boundary map for wards 6, 21 and 23.
Document
1
2009
WARD BOUNDARY REVIEW – Fernbank lands
Examen 2009 des limites
de quartiers – TERRes de FERNBANK
ACS2009-CMR-CCB-0029 Stittsville-Kanata
West (6),
Rideau-Goulbourn
(21), Kanata South (23)
At the start of the meeting on Monday, June 15th, Vice Chair Desroches advised members that, due to notice requirements, this item could not be considered until the following day.
Upon resuming the meeting on Tuesday, June 16th, Committee approved this item on consent.
That
the Corporate Services and Economic Development Committee recommend Council
approve the minor ward boundary adjustment as illustrated in Document 1, which
redistributes the Fernbank Lands from Ward 21 to Wards 6 and 23.
CARRIED