1.             LANSDOWNE PARTNERSHIP PLAN – ONTARIO MUNICIPAL BOARD (OMB) HEARING  - UPDATE – IN CAMERA – REPORTING OUT DATE: UPON COUNCIL APPROVAL

 

AUDIENCE DE LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (CAMO) – MISE À JOUR – À HUIS CLOS – DATE DE DIFFUSION, SUR APPROBATION PAR LE CONSEIL

 

 

Committee recommendationS

 

1.                  That Council approve the following Minutes of Settlement so as to resolve appeals to the Lansdowne Rezoning pertaining to the Lansdowne Partnership Plan:

 

a.                  Minutes of Settlement with the Glebe BIA executed by Paul Webber on behalf of the Glebe BIA - Document 1;

 

b.                  Minutes of Settlement with the Glebe Community Association (GCA) and Ottawa South Community Association (OSCA) executed by Barbara Sinclair on behalf of the GCA and OSCA - Document 2; and

 

c.                   Minutes of Settlement with the “Holmwood Residents” executed by Eileen Costello on behalf of this group of residents - Document 3.

 

2.                  That Council approve modifications to By-law 2010-329 in the form attached as Document 4 to incorporate changes agreed to through the above noted Minutes of Settlement and direct the City Clerk and Solicitor Department to request that the Ontario Municipal Board (OMB) approve By-law 2010-329 as modified.

 

 

RecommandationS du comité

 

1.                  Que le Conseil municipal approuve les procès-verbaux de règlement suivants, en vue de régler les appels concernant les changements de zonage du parc Lansdowne dans le cadre du Plan de partenariat du parc Lansdowne :

 

a.                  Procès-verbal de règlement avec la ZAC du Glebe, signé par Paul Webber au nom de la ZAC du Glebe – Document 1;

 

b.                 Procès-verbal de règlement avec l’Association communautaire du Glebe (ACG) et l’Association communautaire d’Ottawa-Sud (ACOS), signé par Barbara Sinclair au nom de l’ACG et de l’ACOS – Document 2;

 

c.                  Procès-verbal de règlement avec les « résidents d’Holmwood », signé par Eileen Costello au nom de ce groupe de résidents – Document 3.

 

 

 

 

2.                  Que le Conseil municipal approuve les modifications au Règlement municipal no 2010-329 dans le formulaire présenté ci-joint comme Document 4, en vue d’intégrer les changements acceptés dans le cadre des procès-verbaux de règlement susmentionnés et de demander au Bureau du greffier municipal et chef du contentieux de demander à son tour à la Commission des affaires municipales de l’Ontario (CAMO) d’approuver le Règlement municipal no 2010-329 tel que modifié.

 

 

 

Documentation

 

1.                   Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 11 April 2011 (ACS2011-ICS-PGM-0105)

 

2.                   Extract of Draft Planning Committee Confidential Minutes of 12 April 2011 Issued Separately

 

 


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

11 April 2011 / le 11 avril 2011

 

Submitted by/Soumis par : Nancy Schepers, Deputy City Manager,

Directrice municipale adjointe, Infrastructure Services and Community Sustainability, Services d'infrastructure et Viabilité des collectivités

 

Contact Person/Personne-ressource : John Smit, Manager/Gestionnaire,

Development Review-Urban Services/Examen des projets d'aménagement-Services urbains, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424, ext. 13866    John.Smit@ottawa.ca

 

Capital (17)

Ref N°: ACS2011-ICS-PGM-0105

 

 

SUBJECT:

LANSDOWNE PARTNERSHIP PLAN – ONTARIO MUNICIPAL BOARD (OMB) HEARING  - UPDATE – IN CAMERA - REPORTING OUT DATE: UPON COUNCIL APPROVAL

 

 

OBJET :

AUDIENCE DE LA COMMISSION DES AFFAIRES MUNICIPALES DE L’ONTARIO (camo) MISE À JOUR – À HUIS CLOS - DATE DE DIFFUSION, SUR APPROBATION PAR LE CONSEIL

 

 

REPORT RECOMMENDATIONS

 

That the Planning Committee refer the following recommendation to the 13 April 2011 City Council Meeting for consideration as follows:

 

1.                  That Council approve the following Minutes of Settlement so as to resolve appeals to the Lansdowne Rezoning pertaining to the Lansdowne Partnership Plan:

 

a.                  Minutes of Settlement with the Glebe BIA executed by Paul Webber on behalf of the Glebe BIA - Document 1;

 

b.                  Minutes of Settlement with the Glebe Community Association (GCA) and Ottawa South Community Association (OSCA) executed by Barbara Sinclair on behalf of the GCA and OSCA - Document 2; and

 

c.                   Minutes of Settlement with the “Holmwood Residents” executed by Eileen Costello on behalf of this group of residents - Document 3.

 

2.                  That Council approve modifications to By-law 2010-329 in the form attached as Document 4 to incorporate changes agreed to through the above noted Minutes of Settlement and direct the City Clerk and Solicitor Department to request that the Ontario Municipal Board (OMB) approve By-law 2010-329 as modified.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le comité de l’urbanisme transmette les recommandations suivant au réunion du 13 Avril 2011 du Conseil municipal pour considération:

 

1.                  Que le Conseil municipal approuve les procès-verbaux de règlement suivants, en vue de régler les appels concernant les changements de zonage du parc Lansdowne dans le cadre du Plan de partenariat du parc Lansdowne :

 

a.                  Procès-verbal de règlement avec la ZAC du Glebe, signé par Paul Webber au nom de la ZAC du Glebe – Document 1;

 

b.                 Procès-verbal de règlement avec l’Association communautaire du Glebe (ACG) et l’Association communautaire d’Ottawa-Sud (ACOS), signé par Barbara Sinclair au nom de l’ACG et de l’ACOS – Document 2;

 

c.                  Procès-verbal de règlement avec les « résidents d’Holmwood », signé par Eileen Costello au nom de ce groupe de résidents – Document 3.

 

2.                  Que le Conseil municipal approuve les modifications au Règlement municipal no 2010-329 dans le formulaire présenté ci-joint comme Document 4, en vue d’intégrer les changements acceptés dans le cadre des procès-verbaux de règlement susmentionnés et de demander au Bureau du greffier municipal et chef du contentieux de demander à son tour à la Commission des affaires municipales de l’Ontario (CAMO) d’approuver le Règlement municipal no 2010-329 tel que modifié.

 

 

BACKGROUND

 

The purpose of this report is to allow Planning Committee and Council to give consideration to Minutes of Settlement that, if approved, would make unnecessary a lengthy Ontario Municipal Board (OMB) hearing otherwise scheduled to start on May 9, 2011 pertaining to the rezoning approved by Council in September 2010 for the Lansdowne Partnership Plan.  The proposed settlement was only concluded late in the evening on Sunday April 10, 2011. This report is in camera as it involves litigation against the City and further, the mediation was subject to an ongoing confidentiality requirement by the OMB on all of the parties.  

 

City Council on October 6, 2010 enacted By-law 2010-329 to amend the zoning applying to Lansdowne Park to provide for the revitalization of Lansdowne Park in accordance with the Lansdowne Partnership Plan approved by Council on June 28, 2010. 

Fourteen appeals were received to By‑law 2010-329 resulting in the final decision on the Council approved zoning change resting with the Ontario Municipal Board (OMB).

 

On February 11, 2011, the OMB held a Pre-hearing to set a date for the formal OMB hearing (required to be held by the OMB to give consideration to the appeals), to confirm the parties to the hearing and to confirm the issues to be addressed at the hearing.  Through the Pre-hearing, agreement was reached amongst the appellants, the City and the Ottawa Sports and Entertainment Group – OSEG (which was granted party status at the Pre-hearing by the OMB) to have an OMB held mediation session prior to the full hearing which was set to commence May 9, 2011.  Two of the appeals were formally withdrawn at the Pre‑hearing leaving 12 appeals to be addressed by the OMB.

 

A four-day OMB Mediation Session was held from March 7, 2011 to March 11, 2011.  Through the mediation, a framework for Minutes of Settlement with those parties represented by legal counsel was agreed to with agreement to further pursue negotiations amongst the parties in an effort to resolve the 12 appeals to By-law 2010-329.  These further negotiations now have resulted in Minutes of Settlement being executed to address the appeals filed by the Glebe BIA (Document 1), the Glebe Community Association and the Ottawa South Community Association (Document 2) and individual appeals filed by several residents along Holmwood Avenue – the “Holmwood Group” (Document 3).  Three appeals filed by three individuals remain outstanding.  The City Clerk and Solicitors Department will continue to pursue with these three appellants and the OMB resolution of these appeals in whole or part prior to the scheduled May 9, 2010 OMB hearing.

 

 

DISCUSSION

 

Staff is recommending that City Council approve the Minutes of Settlement attached as Documents 1, 2 and 3 and approve the modifications to By-law 2010-329 that are incorporated into a modified By-law 2010-329 attached as Document 4.  Staff is further recommending that Council direct the City Clerk and Solicitor Department to request that the OMB approve By-law 2010-329 as modified in accordance with Document 4 that incorporates the changes that the parties agreed to make to this By-law in the Minutes of Settlement. 

 

The Minutes of Settlement address a number of items.  These include, items to be addressed as part of future processes to finalize the site plan approval given by Council on November 22, 2010, matters related to construction including initiating the Bank Street rehabilitation in 2011, managing construction impacts, providing for interim landscaping and possible future rezoning to open space for lands along Holmwood Avenue if residential development along the site’s Holmwood Avenue frontage is not constructed in 10 years, and finally modifications to By‑law 2010-329 that was enacted by Council in October 2010.  The major element addressed through the Minutes of Settlement was the removal of the mid-rise residential development along the north edge of the site and a reduction in height for the mixed use building proposed for the south east corner of Bank Street and Holmwood Avenue from 14 storeys to 12 storeys. The following summarizes the specifics of the matters addressed through the Minutes of Settlement.

 

1.      Future Processes

 

The items dealing with future processes are focused principally on providing for community involvement and engagement in developing the various operational plans for traffic, parking, transit, shuttles and Transportation Demand Measures (TDM), and community involvement in determining the programming for the urban park.  As well, the Minutes provide for clear commitments by the City and OSEG to ensure development will respond to various development related directions set out in the conditions approved as part of Council’s approval in November 2010 of the Integrated Site Plan for the Lansdowne revitalization.

 

2.      Construction Related Matters

 

The items related to construction matters include a commitment to begin the Bank Street Reconstruction along its entire length through the Glebe in 2011 to be completed in 2012, providing financial support to both the BIA and the community groups to manage construction impacts associated with the Bank Street Reconstruction through promotions, advertisements, advisories etc. (to complement any initiatives of the City as part of the City’s construction project work).  This support would be subject to the BIA and community groups obtaining prior approval from the City for any initiatives they wish to pursue. 

 

3.      Holmwood Avenue

 

The items addressed related to Holmwood Avenue provide for the area along Holmwood Avenue, that under the Lansdowne Revitalization Plan is to be developed with low profile street related residential, to be landscaped if the residential development does not commence within one year of the completion of the commercial buildings adjacent to this area.  The Minutes further provide for the City to initiate a rezoning of these lands and dedication of these lands as parkland should residential development not be commenced and completed to a defined level within 10 years.

 

4.      Zoning Modifications

 

The modifications to the zoning focus on the following matters:

 

·         Providing greater specificity in By-law 2010-329 for certain elements to ensure development occurs in accordance with the development program reflected on the Integrated Site Plan approved by Council in November 2010.  These relate to matters dealing with development along the Holmwood Avenue edge, access and parking issues, and to limit where certain uses (nightclubs and roof top patios) could locate. 

·         Reducing maximum permitted building heights in certain areas of the site and providing greater specificity for permitted heights for other areas of the site.

·         Eliminating the mid-rise residential that was proposed above the two-storey commercial buildings adjacent to the street oriented residential along Holmwood Avenue.

·         Rezoning the area to be developed as the urban park along the Queen Elizabeth Driveway to an Open Space (O1S) Subzone rather than having it included as part of the Major Leisure Facility (L2C) Subzone as was set out in the Council enacted By-law 2010-329 to better reflect the proposed use of this area of the site as an urban park.

The Minutes of Settlement and the resulting modifications to the zoning have been negotiated in good faith between the parties with the common objective of resolving appeals so as to avoid the need for a prolonged OMB hearing.  The commitments given by the City through the Minutes of Settlement and the zoning changes agreed to meet the requirements of the City and OSEG for the Lansdowne Partnership Plan and allows for the project to remain within the project business plan that was approved by Council in June 2010.

 

The proposed zoning modifications will continue to accommodate the overall development program while providing the additional specificity and assurances that the appellants who are parties to the Minutes of Settlement considered important to have reflected in the zoning to ensure that the Council approved development program would be implemented as proposed. Staff is in agreement with the proposed modifications and supports the modifications to the zoning that are reflected in the modified By‑law 2010-329 attached as Document 4. 

 

In view of the foregoing, staff are recommending that the Minutes of Settlement (Documents 1, 2 and 3) be approved by Council along with the modified By-law 2010-329 (Document 4), and that the City Clerk and Solicitor Department request that the OMB approve By‑law 2010-329 as modified in accordance with Document 4 at the hearing scheduled for May 9, 2011. 

 

The three remaining appeals that have not been resolved through the Minutes of Settlement, if they are not resolved prior to the May 9 OMB hearing, would also be considered by the OMB at the scheduled hearing.  However, given that many of the issues which were common to all the appeals will have been addressed through the Minutes of Settlement and modifications to the zoning, staff would expect that the hearing to address the remaining appeals could be focused and shortened considerably from what would otherwise be the case to allow final approval to be given to the zoning for Lansdowne in a timely manner in early summer.  This would allow the Site Plan, given Stage 1 approval by Council in November 2010, to be finalized through the Stage 2 approval.  This would set the stage for finalizing project agreements and beginning construction.

 

 

RURAL IMPLICATIONS

 

N/A

 

 

CONSULTATION

 

N/A

 

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

 

LEGAL/RISK MANAGEMENT IMPLICATIONS:

 

The City Clerk and Solicitor Department together with external legal counsel from Borden Ladner Gervais LLP are supportive of the proposed settlement of this matter as set out in this report and were actively involved in the preparation of the Minutes of Settlement.  They acted on the City’s behalf in the mediation of this matter that commenced on March 7, 2011 that was presided over by Mr. James McKenzie, Vice-Chair of the Ontario Municipal Board.  Throughout that process up until such time as a settlement is concluded, if applicable, all parties involved in the mediation have been operating under a confidentiality requirement as directed by the mediator.  The Ottawa Sports and Entertainment Group (OSEG) was also represented by legal counsel throughout the mediation and participated actively.  Should this proposed settlement be approved it will allow all of the major parties to this litigation to resolve in a cooperative and productive fashion what would otherwise have been a lengthy and contentious five-week Ontario Municipal Board (OMB) hearing.  Should a hearing be required to deal with the three remaining appellants, it is expected to take less than one week.

 

 

CITY STRATEGIC PLAN

 

N/A

 

 

TECHNICAL IMPLICATIONS

 

N/A

 

 

FINANCIAL IMPLICATIONS

 

The costs of assisting the BIA and Community Groups during the redevelopment of Bank Street can be accommodated within the capital budget approved by Council this year.  Should there be a requirement for funds beyond what is available in the capital project, a report would be brought forward to Council that would identify a source for any required additional funds up to the maximum set out in the Minutes of Settlement with the BIA (Document 1) and the minutes of settlement with the community groups (Document 2).

 

The requirement and associated cost of any additional landscaping required along Holmwood Avenue should residential development not commence within one year of completion of the adjacent commercial development (as provided for in the Minutes of Settlement with the Holmwood Group – Document 3) will not be known until 2015.  At this time, if it is determined that the construction of this residential development will not begin within this one year period, a budget and source of funds for the work will be identified. 

 

The changes to the zoning on the Lansdowne site could potentially impact the revenues that were to be raised from the sale of air rights.  As the process for selling the air rights is not yet complete, a report will be presented to Council on the results detailing any change in the revenues the City would receive.

 

 

SUPPORTING DOCUMENTATION

 

Document 1 – Executed Minutes of Settlement with Bank Street BIA

Document 2 – Executed Minutes of Settlement with GCA and OSCA

Document 3 – Executed Minutes of Settlement with the “Holmwood Group”

Document 4 – Modified By-law 2010-329.

 

 

DISPOSITION

 

That the City Clerk and Solicitors Department request the OMB to approved By-law 2010-329 as modified in accordance with Document 4 at the OMB hearing scheduled for May 9, 2011

 

 


EXECUTED MINUTES OF SETTLEMENT WITH BANK STREET BIA DOCUMENT 1


EXECUTED MINUTES OF SETTLEMENT WITH GCA AND OSCA       DOCUMENT 2


EXECUTED MINUTES OF SETTLEMENT WITH THE

“HOLMWOOD GROUP”

                                                                                                                                  DOCUMENT 3








 

 


MODIFIED BY-LAW 2010-329                                                                           DOCUMENT 4

 

BY-LAW NO. 2010 - 329

 

A by-law of the City of Ottawa to repeal By-law No. 2010-314 and to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands which are the subject of PEC Agenda 80, Item 5, Report Reference Number ACS2010-ICS-PGM-0154.

 

The Council of the City of Ottawa, pursuant to Section 34 of the Planning Act, R.S.O.1990, enacts as follows:

 

1.         By-law No. 2010-314 entitled “A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands which are the subject of PEC Agenda 80, Item 5, Report Reference Number ACS2010-ICS-PGM-0154” is hereby repealed.

 

 

2.         The Zoning Map of By-law No. 2008-250, entitled the “City of Ottawa Zoning By-law” is amended by rezoning the lands shown on Attachment 1 to this by-law as follows:

 

 

(a) Area A is rezoned from L2[338] F(1.5) to L2C[338]S258-h;

 

(b) Area B is rezoned from L2[338] F(1.5) to L2 F(1.5); 

 

(c) Area C is rezoned from L2[338] F(1.5) to L1; and,

 

(d) Area D is rezoned from L2[338]F(1.5) to O1S S258.

 

3.         The Zoning Map of the said By-law No. 2008-250 is amended by removing the heritage overlay from the lands shown on Attachment 1 to this by-law.

 

4.         Sections 176 of the said By-law No. 2008-250 is amended by adding the following new subzone:

 

L2C SUBZONE – LANSDOWNE

 

(3)        In the L2C Subzone,

 

            (a)        The following uses are permitted provided they are located on the same lot as a        permitted use listed under subsection 175(1):

 

            Non-residential Uses:

 

            amusement centre

            animal care establishment

            animal hospital

            artist studio

            bank

            bank machine

bar

catering establishment

cinema with a maximum of 10 theatres

convenience store

farmers’ market

home-based business, see Part 5, Section 127

home-based day care, se Part 5, Section 129

hotel

instructional facility

medical facility

municipal service centre

night club

office

below grade parking garage

personal service business

post office

production studio

research and development center

restaurant

retail food store

retail store

service and repair shop

small batch brewery, see Part 3, Section 89

training centre

 

Residential Uses:

 

dwelling units, as per (e), (f), and (g)  below

residential care facility

retirement home

 

(b)        Non-residential uses listed under subsection 176(3)(a) and located outside of buildings designated under the Ontario Heritage Act are limited to a total cumulative gross leasable floor area (GLFA) of 33,450 sq m.

 

(c)        A further total cumulative GLFA of 9,300 sq m may be occupied by Office uses provided these are located within a building designed predominately as an office building fronting onto Bank Street. 

 

(d)        In the L2C Subzone a building is considered to front onto a public street when any wall of that building faces a public street and no part of that wall is separated from that public street by another building.

 

(e)        The maximum number of dwelling units permitted is 280.

 

(f)        Residential uses are only permitted in buildings either fronting directly onto Holmwood Avenue or fronting directly onto Bank Street.

 

(g)        Buildings fronting directly onto only Holmwood Avenue that are located within the area shown on Schedule 258 where building heights are limited to 12 m may only be used for residential purposes.  More specifically, these buildings must comprise dwelling units oriented to and facing Holmwood Avenue in the form of detached dwellings, semi-detached dwellings, multiple attached dwellings and/or stacked dwellings located above a below grade parking structure and no other uses except landscaped open space and a driveway access to the below grade parking structure are permitted in this area.

 

(h)        An open space area measuring a minimum 6 m by 6 m to be used for hard surface landscaping as part of the public realm accessible to the public shall be provided adjacent to the Holmwood Avenue property line and behind the Bank Street facade of a building at the southeast corner of Bank Street and Holmwood Avenue.

 

The building located at the southeast corner of Bank Street and Holmwood Avenue shall have a maximum  of 12 storeys comprising a 2storey commercial and retail podium with 10 storeys of residential dwelling units above.

 

(i)         Commercial buildings located adjacent to that area of the lot where the only permitted uses are residential as set out in (g) shall not be permitted to accommodate in whole or part a nightclub and shall not be permitted to have any commercial outdoor rooftop patios.     

 

(j)         For buildings fronting onto Bank Street the ground floor, excluding lobby areas for upper floor uses must accommodate one or more permitted non-residential uses.

 

(k)        Table 175 does not apply.

 

(l)         Minimum required setbacks are as follows:

 

(i)         from a lot line abutting Bank Street: 3 m;

(ii)        from a lot line abutting Holmwood Avenue: 3 m to be used only as a landscaped front yard.  The 3 m setback does not apply to buildings designated under the Ontario Heritage Act; and

(iii)       from a lot line abutting the Queen Elizabeth Driveway and as set out on Schedule 258: 7.5 m except for small scale pavilion buildings accommodating uses that are accessory to uses in the L2C subzone or are ancillary to and / or associated with the urban park and in accordance with the Urban Park Programming Plan that is to be developed and approved by the City as set out in the conditions of site plan approval given by Council on November 22, 2010.

 

(m)       Maximum permitted building heights: as set out on Schedule 258.

 

(n)        Section 101, Table 101 and Section 104 do not apply and in the L2C Subzone the minimum required total number of parking spaces for all residential and non-residential uses in both the L2C subzone and adjacent O1S subzone is 1230, and,

 

(i)         a minimum of 1200 of these parking spaces must be located in a below grade parking garage in the L2C subzone and to provide greater specificity, no  at grade or above grade parking garage, which are not permitted uses in the L2C subzone, shall be established;

 

(ii)        required parking for each residential use must be calculated at a minimum rate of 0.5 spaces per dwelling unit; and,

 

(iii)       despite clause 100(1)(a) all of the parking spaces not set aside for residential uses may be shared amongst all the non-residential uses on the lot in both the L2C and O1S subzones.

 

(o)        Section 113 does not apply and loading space requirements will be determined through Site Plan Control Approval.

 

 (p)       The only driveway permitted to provide vehicular access from Holmwood Avenue is to provide access to a below grade parking garage. No other vehicular access points, except to allow for emergency access by emergency vehicles, is permitted off Holmwood Avenue. 

 

(q)        The only vehicles permitted to access and egress the below grade parking garage from Holmwood are limited to vehicles using the below grade residential parking.

 

In addition, up to 300 public parking spaces located in a controlled access area in the below grade parking garage and associated exclusively with commercial and retail uses may exit the below grade parking onto Holmwood during a major stadium, arena and/or urban park event (defined as a minimum 15,000 person capacity event) and for a maximum three hour period prior to and after such an event with this operational requirement being set out in the Site Plan Agreement associated with the redevelopment of the lands. 

 

(r)        No vehicles associated with stadium, arena or other events at Lansdowne shall be permitted to access the site from Holmwood Avenue or to exit the site onto Holmwood Avenue.

 

(s)        Uses for the Horticulture building are limited to uses permitted by Section 175, uses accessory or ancillary to uses and activities within the adjacent O1S subzone and the following additional uses permitted in the L2C subzone provided such uses are supportive and complementary so as to be compatible with both the activities and uses within the O1S and L2C subzones:

 

            artist studio

farmers’ market

            instructional facility

            municipal service centre

            office

production Studio

            restaurant

            retail food store

            retail store

            service and repair shop

            training centre

 

(t)         Lands within the L2C subzone and adjacent O1S subzone shall be considered one lot for by-law purposes.

 

5.         Section 180 of the said By-law No. 2008-250 is amended by adding the following new subzone

 

O1S SUBZONE - LANSDOWNE

 

            (19) In the O1S subzone,

 

            (a)        the following additional uses are permitted:

 

            stormwater management facility to serve lands located within both the O1S and        L2C subzones;

           

temporary surface loading and temporary surface parking to support temporary uses, activities and/or events within both the O1S and L2C subzones provided areas for temporary loading and temporary parking are not designed specifically for this purpose and that no at grade or above grade parking garage, which are not permitted uses in the O1S subzone, be established; 

 

shuttle bus drop off and pick up to support uses and activities within both the           O1S and L2C subzones; and

 

ancillary and accessory uses to the L2C subzone in accordance with the Urban Park Programming Plan that is to be developed and approved by the City as set out in the conditions of site plan approval given by Council on November 22, 2010.

 

(b)        Uses permitted by Section 175 and uses accessory or ancillary to uses and activities within the adjacent L2C subzone that are complementary and supportive so as to have a compatible  relationship with either or both the activities and uses within the O1S and L2C subzones are permitted for the Aberdeen Pavilion.

 

(c)        Buildings and structures are limited in height to the heights shown on Schedule 258. 

 

(d)        With the exception of the Aberdeen Pavilion, all accessory and ancillary uses located within buildings shall locate within buildings with no more than 1 storey that has a height for that storey of a maximum of 4 m with the roof of such building being within the 6 m height limit shown on Schedule 258.

 

 (e)       Notwithstanding Table 179, small scale pavilion buildings accommodating non-residential uses that are ancillary to and / or associated with the urban park as set out (a) and (d) may be located within the required 7.5 m setback from the Queen Elizabeth Driveway.

 

(f)        Elements that are public art elements are exempt from the height limits shown on Schedule 258 and the height limits set out in Section 55 for accessory structures.

 

(g)        Lands within the O1S subzone and adjacent L2C subzone shall be considered one lot for by-law purposes.

 

6.         Exception [338] of the said By-law No. 2008-250 is amended by deleting all of the existing text and replacing it with the following:

 

(a)        In Column II the text LC2[338]S258-h; and,

 

(b)        In Column V the text:

 

The holding symbol may not be removed until:

 

(i)                 Stage 1 Site Plan Approval consistent with the development proposal that reflects the Master Plan and required modifications approved by Council on June 28, 2010 for the overall development of Lansdowne has been obtained; and,

 

(ii)               All required heritage approvals have been obtained. 

 

7.         Part 17, Schedules, of the said By-law No. 2008-250 is amended by adding Attachment 2a and Attachment 2b to this by-law as Schedule 258a and Schedule 258b.

 

ENACTED AND PASSED this 6th day of October, 2010.

 

 

                        CITY CLERK                                                                          MAYOR

BY-LAW NO. 2010 - 329

 

-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-

 

A by-law of the City of Ottawa to repeal By-law No. 2010-314 and to amend By-law No. 2008-250 of the City of Ottawa to change the zoning of lands which are the subject of PEC Agenda 80, Item 5, Report Reference Number ACS2010-ICS-PGM-0154.

 

-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-

 

Enacted by City Council at its meeting of October 6, 2010

 

-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-o-

 

LEGAL SERVICES

MC/rb – G04-01-2010-10-06

 

COUNCIL AUTHORITY:

City Council September 22, 2010

PEC Report No. 76, Item 5