16.          AMENDMENT TO THE DESIGN GUIDELINES FOR NEW DEVELOPMENT APPLICATION GATEWAY FEATURES.

 

MODIFICATION AUX LIGNES DIRECTRICES DE CONCEPTION POUR LES DEMANDES D’AMÉNAGEMENT DE NOUVEAUX POINTS D’ACCÈS

 

 

Committee recommendationS

 

That Council :

 

1.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to remove the Supplementary Maintenance Fund and replace it with a new Maintenance Fund formula as detailed in Document 1; and

 

2.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to allow one primary neighbourhood gateway features to be constructed per 50 hectares as opposed to one per 100 hectares.

 

 

RecommandationS DU Comité

 

Que le Conseil :

 

1.                  approuve une modification aux Lignes directrices de conception pour les demandes d’aménagement de nouveaux points d’accès, approuvées par le Conseil, en vue de supprimer le Fonds supplémentaire d’entretien et de le remplacer par une nouvelle proposition de fonds d’entretien, tel qu’exposé en détail dans le document 1; and

 

2.                  approuve une modification aux Lignes directrices de conception pour les demandes d’aménagement de nouveaux points d’accès, approuvées par le Conseil, en vue de permettre l’aménagement d’un point d’accès principal de voisinage par 50 hectares, au lieu d’un point d’accès par 100 hectares.

 

 

 

 

Documentation

 

1.      Deputy City Manager's report, Infrastructure Services and Community Sustainability, dated 25 November 2011 (ACS2011-ICS-PGM-0209).

 

2.      Extract of Draft Minutes, Planning Committee meeting of 5 December 2011.

 


Report to/Rapport au :

 

Planning Committee

Comité de l'urbanisme

 

and Council / et au Conseil

 

25 November 2011 / le 25 novembre 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 L. Moser, General Manager/Directeur général, Planning and Growth Management/Urbanisme et Gestion de la croissance

(613) 580-2424 x 28869, John.Moser@ottawa.ca

 

City Wide

Ref N°: ACS2011-ICS-PGM-0209

 

 

SUBJECT:

Amendment to the design guidelines for NEW development application gateway features.

 

 

OBJET :

Modification aux Lignes directrices de conception pour les demandes d’aménagement de nouveaux points d’accès

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend Council:

 

1.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to remove the Supplementary Maintenance Fund and replace it with a new Maintenance Fund formula as detailed in Document 1; and

 

2.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to allow one primary neighbourhood gateway features to be constructed per 50 hectares as opposed to one per 100 hectares.

 

 

RECOMMANDATIONS DU RAPPORT

 

Que le Comité de l’urbanisme recommande au Conseil :

 

1.                  d’approuver une modification aux Lignes directrices de conception pour les demandes d’aménagement de nouveaux points d’accès, approuvées par le Conseil, en vue de supprimer le Fonds supplémentaire d’entretien et de le remplacer par une nouvelle proposition de fonds d’entretien, tel qu’exposé en détail dans le document 1; and

 

2.                  d’approuver une modification aux Lignes directrices de conception pour les demandes d’aménagement de nouveaux points d’accès, approuvées par le Conseil, en vue de permettre l’aménagement d’un point d’accès principal de voisinage par 50 hectares, au lieu d’un point d’accès par 100 hectares.

 

 

BACKGROUND

 

A gateway feature, sometimes referred to as an “entrance feature”, can be described as a feature intended to assist commuters in way finding, and in so doing contributing a sense of identity for a community. The feature should be visually striking such that it can be noticeable to passersby, but should also blend and fit in with the surrounding landscape and built form. Gateways can be thought of as community signatures and their design should somehow reflect elements of local culture, natural landscape, built form or community history. Gateways help to define community boundaries. Gateway features are typically thought of as some form of structure (not necessarily man-made) often with text or a logo and integrated with landscaping. Materials can range from natural stone to concrete or brick products.

 

On April 10, 2007, Planning Committee carried a motion, which directed "staff to undertake a review of Gateway Features in new developments". This motion was tabled in part, due to concerns raised with respect to on-going maintenance and associated costs to the City of gateway features which are located within the public domain.

 

On May 28, 2008, Council approved a motion put forward by staff to develop detailed gateway feature guidelines, which would be based on a set of guiding principles and recognize the beneficial function of gateway features as well as the need to establish tighter controls over the proliferation of gateway features in order to limit the financial burden to both the City and private landowners (see Document 1).

 

On November 26, 2008, Council approved the implementation of the Design Guidelines for Development Application Gateway Features (the Guidelines) and the amendment of the applicable by-laws in order to allow for the implementation of these guidelines.  Document 1 – May 28, 2008 Report to Planning Committee and Council – contains all the reports and discussions that occurred up-to and including the November 26th meeting. 

 

 

 

At the November 17, 2009 Audit, Budget and Finance Committee meeting, the Planning and Growth Management Department was instructed that proposed permanent gateway features on the City right-of-way (identified as primary neighbourhood features within the Guidelines) were not to be approved through the development review process.

 

However, the development community wishes expressed a continued desire to be allowed to construct primary gateway features due in large part to the positive feedback received from the public on these features.

 

On April 27, 2010, the Amended Standard Subdivision Agreement and Conditions of Draft Approval report was put before Planning Committee. At the time, and as is still the case, the Guidelines require that the developer be responsible for the cost of installation of primary neighbourhood features, maintenance during a five-year warranty period, and contributing to a Supplementary Maintenance Fund. Committee members expressed a concern about the approval and long term funding of primary neighbourhood features, and specifically that these new features would require City funding resources in addition to what was collected through the fund. A motion was carried requesting that staff review the gateway policies and bring forward a report to address the ongoing concerns with funding of gateway features.

 

The November 26, 2008 Council report presented policy and budgetary direction for both existing and future gateway features.  In contrast, this report is a response to the April 27, 2010 Planning Committee request that staff come back to the Committee with a policy discussion on the topic of new gateway features, and therefore focuses exclusively on revising the financial structure within the Guidelines that impact primary gateway features (permanent, located on the right-of-way).  Funding for the maintenance, rehabilitation, and life cycling of existing gateway features remains an issue which needs to be addressed.

 

DISCUSSION

 

The Design Guidelines for Development Application Gateway Features (the Guidelines) were written with recognition that gateway features provide a beneficial function within the city from many perspectives and were designed to permit new features through the development review process in a controlled and regulated manner.  One of the main goals of the Guidelines was to promote the use of sustainable materials and designs for gateway features, and to minimize proliferation of features through a number of strategies. These strategies included clearly defining gateway features and classifying them into a hierarchy, limiting the number of gateway features permitted within any given community, providing design direction that encourages the use of materials and designs that require minimal up-keep and maintenance, and implementing a funding structure that places a portion of the costs associated with maintenance and upkeep of permanent gateway features located on the right of way on the developer, as opposed to the City.  Below is an overview of these Guidelines:


Hierarchy

 

Section 3.1 of the Guidelines defines Gateway hierarchy.  The hierarchy includes community level features, such as the Kanata feature along Highway 417, primary neighbourhood features, such as the Chapel Hill feature on Orleans Boulevard, secondary neighbourhood features, and private or condominium features.  Table 1.0 outlines the characteristics of each of these hierarchy levels.

 

Table 1.0  Location of Gateways Features

Hierarchy Level

Description

Location

Community

Permanent

Located on the right of way of arterial roads.  This can include medians, roundabouts or intersections.

Primary Neighbourhood

Permanent

Located on the right of way of major collector road intersections or at the intersection of major collectors and arterial roads. This can include medians, roundabouts or intersections.

Secondary Neighbourhood

Temporary

Located on private property at the intersection of collector road intersections or at the intersection of collectors and major collector roads.  

Private / Condo

Permanent

Located on private property.

 

Community level features are permanent features, yet they are not typically approved as part of the development review process.  These higher level features are typically installed and maintained upon approval by Council, separately from the development review process.

 

Primary neighbourhood features are permanent features which are located on the right of way, and approved as part of the development review process.  The developer is responsible for the cost of installing the feature, initial maintenance for a five year warranty period, and contribution to the Supplementary Maintenance Fund, which contributes to the required maintenance costs required for a feature once it is turned over to the City. There may be some instances where the City decides to partner with a developer in order to construct a community level feature as part of a development approval process.  In such cases, the community feature would follow the same guidelines and standards as a primary neighbourhood feature.

 

Secondary neighbourhood features are by definition temporary, and must be removed at the developer’s cost after build out of the development, as per the City’s Signs By-law No. 2005-439 as amended.  These features are to be located on private property, such as a corner residential lot within a subdivision.

 

Private or condominium features are permanent features located on private property.  These features remain the responsibility of the property owner/condominium corporation for the life of the feature, and must comply with the City’s Signs By-law No. 2005-439 as amended.


Quantity of Features

 

The Guidelines also limit the number of features that can be located in any given neighbourhood.  This is a key strategy in limiting the proliferation of new gateway features installed within the public domain.  For Community Features, the maximum number of features permitted per community is two or one gateway feature per 800 hectares, whichever is less.  For Primary Neighbourhood Features, the maximum number of features permitted per community is 16, or one gateway feature per 50 hectares, whichever is less.  Secondary Neighbourhood Features and Private/Condominium Features are subject to the limitations outlined within the Signs By-law.  The actual number of features may be further restricted at the discretion of the General Manager, Planning and Growth Management Department (see Table 2.0).

 

Table 2.0  Recommended Quantity of Features

Gateway Feature Hierarchy

Maximum No. of Features
per Community *

Maximum No.  of Features
per Hectare (ha)**

Description

Community

2

1 / 800 ha

Permanent

Primary Neighbourhood

16

1 / 100 ha

Permanent

Secondary Neighbourhood

See Signs (Permanent Signs on Private Property) By-law 2005-439 as amended

See Signs (Permanent Signs on Private Property) By-law 2005-439 as amended

Temporary

 

Private / Condo

See Signs (Permanent Signs on Private Property) By-law 2005-439 as amended

See Signs (Permanent Signs on Private Property) By-law 2005-439 as amended

Permanent / Temporary

*  Maximum of two gateway features per community OR one gateway feature per 800 hectares would be permitted, whichever is less.
**  Maximum of 16 primary neighbourhood features per community OR one  primary neighbourhood feature per 100 hectares would be permitted, whichever is less.

The actual number of features permitted may be restricted to less than the above at the discretion of the General Manager, Planning and Growth Management Department.

 

Design

 

The Guidelines provides direction on design elements, which in essence is an explanation of the key “dos and don’ts”. This section of the guidelines provides direction on limiting maintenance costs, designing for longevity, materials, safety, aesthetics, scale and integration with the community and surroundings.  Materials that shall not be permitted are:

 

·         Wood (with or without painting),

·         Mechanical, electrical, lighting or water components,

·         Painted metal fencing,

·         Painted signage (any material),

·         Clay bricks,

·         Plant material and planting beds that require frequent watering, weeding and / or pruning’

·         Any tree planting will fall into Public Works’ seven-year lifecycle maintenance program.

 

There is a requirement for design and post construction certification by qualified professionals, such as engineers, or landscape architects in order to ensure that gateway features are meeting the design criteria.

 

Existing Financial Structure

 

Primary neighbourhood features, which are by definition permanent features located on the right of way, eventually become the responsibility of the City.  Beyond the developer’s obligations to design, install, and maintain a new primary neighbourhood feature for a warranty period of five years after registration of the development agreement for the lands on which the gateway feature is located, the developer is also required to contribute towards the Supplementary Maintenance Fund to offset the cost to the City for the ongoing maintenance requirements over the life of the feature (Table 3.0).

 

Table 3.0  2008 Supplementary Maintenance Fund Formula

Initial Cost

Percentage used to calculate Supplementary Maintenance Fund

Amount supplied to
 Supplementary Maintenance Fund

$250,000

maximum of $25,000

$25,000

$200,000

10%

$20,000

$150,000

10%

$15,000

$100,000

10%

$10,000

$50,000

15%

$7,500

$25,000

20%

$5,000

$20,000

25%

$5,000

$15,000 or less

minimum of $5,000

$5,000

 

The Supplementary Maintenance Fund formula in Table 3.0 has been rationalized using a similar approach to standard life cycling models for buildings. Contributions were to be made on a sliding scale based a percentage of the value of initial construction, with a minimum contribution being set at $5000 and a maximum contribution set at $25,000. The contribution would be payable upon registration of the related development agreement, or where there is no development agreement, in advance of construction.

 

This formula was created with the intention that the funds collected would supplement the cost of maintenance and repair of new gateway features on an annual basis, and the City would continue to be responsible for a proportion of these annual costs.

 

Proposed Changes to the Guidelines

 

Further to the direction from Planning Committee in 2010 and analysis undertaken by City staff, adjustments to the funding formula within the Guidelines are being recommended. Specifically, staff recommends that the Supplementary Maintenance Fund formula be replaced by a developer-financed maintenance fund, which proposes larger developer contributions in order to cover all costs associated with the maintenance and repair of new gateway features for a period of 20 years.  As identified in Table 4.0, the revised formula will require that a developer proposing the installation of a Primary Gateway Feature to contribute a minimum of $25,000 to the maintenance fund for a feature costing up to $100,000 to build.  If the value of the proposed feature exceeds $100,000, then the developer will also contribute an additional 15% of the value of the feature above $100,000 to the maintenance fund. 

 

It is anticipated that implementation of this new maintenance fund formula will eliminate the need for budgetary contributions towards new primary neighbourhood features for a 20-year period.  The new maintenance fund formula is expected to cover general maintenance such annual inspection, grass cutting and pruning, structural repairs, and the cost of addressing the needs of a gateway feature at the end of the 20-year timeframe.

 

Table 4.0 – New Maintenance Fund Formula

Initial Cost

Base Amount

Amount exceeding $100K

Percentage used to calculate additional supplement

Additional Amount supplied to Maintenance Fund

Total Amount supplied to Maintenance Fund

Greater than

$250,000

$25,000

$150,000+

15% 

$22,500+

$47,500+

$200,001 to

$250,000

$25,000

$100,001 –

$150,000

15% 

$15,001 –

$22,500

$40,001 –

$47,500

$150,001 to

$200,000

$25,000

$50,001 –

$100,000

15%

$7,501 –

$15,000

$32,501 –

$40,000

$100,001 to

$150,000

$25,000

$1-

$50,000

15%

$1 –

$7,500

$25,001 –

$32,500

Up to $100,000

$25,000

$0

15%

$0

$25,000

 

It is emphasized that the developer contribution to the new maintenance fund is a one-time contribution - not an annual lifecycle commitment.  The developer will provide the allotted amount to the Maintenance Fund prior to the construction of the gateway feature, upon the signing of the Development Agreement.

 

As with all infrastructures that are installed by a developer, there is a basic warranty period of one year that commences from the date of Preliminary Approval of the Works.  To ensure the warranty is full-filled, the last 10 per cent of the Securities are held until Final Acceptance of Works has been declared by the General Manager, Planning and Growth Management Department. 

Staff are recommending that the initial five year warranty period originally requested (see Document 1), be reduced to the standard one year from the date of Preliminary Approval of the Works, to be more in-line with how the City handles the built infrastructure.  The developer will be required to maintain the feature from the date of Preliminary Approval until receiving the Final Approval – at which point the developer will have the feature certified by a qualified professional and provide that certificate to the General Manager, Planning and Growth Management Department prior to the City accepting the feature and releasing the 10 per cent hold of securities.

 

The revised formula is based in part on Public Works’ estimate it costs an average of $1000 per gateway feature per year for general maintenance and upkeep (for such things as grass cutting, painting, shrub maintenance and pruning as well as minor repairs). The remainder of the funds would be set aside for any structural repairs or maintenance that goes beyond the general maintenance requirements during the life of the feature, but the funds would not address major renewal or replacement of the features. Public Works will be allocated money from the Fund for each new gateway feature that is handed over to the City on an annual basis.  If the proposed changes to the Guidelines are approved, the first new features to be maintained by the City will be in 2013.

 

The revised formula has been structured so that the fund will cover all costs associated with the maintenance and upkeep of gateway features for 20 years from the time the gateway feature is transferred to the City.  It should be noted that the design direction within the approved Guidelines places requirements on the use of durable materials and low maintenance landscaping.

 

It is therefore anticipated that the lifespan of some features will be far greater than 20 years.  The revised maintenance fund therefore cannot be regarded as a funding solution that will last in perpetuity.  Contributions from other sources will likely be required after a feature has been the City’s responsibility for 20 years.

 

An option for addressing the funding needs of a feature beyond the 20 year mark is to set up a community buy-in program similar to ‘Spring Clean the Capital’, or solicit community organizations or business improvement area to adopt a feature.  The extensive contacts that the Planning and Growth Management Department maintains for its regular operations would be shared with Public Works and both departments would work together to solicit ongoing maintenance from the local community organizations and business improvement areas.  Alternatively, City funding would eventually be required in order to continue to maintain a feature for the remainder of its useful life, or the feature would have to be removed using funds from the Maintenance Fund with the removal carried out by Public Works.

 

In order to ensure that developers with sizeable holdings are not left out of the chance to build gateway features in a new community, staff are recommending that the maximum number of features per hectare be reduced to 1 in 50 hectares from 1 in 100 hectares.  For development such as Barrhaven South and Fernbank Road, this will allow for 10 and 13 gateway features respectively. Table 5 shows the revised Primary Neighbourhood quantity of features with disclaimer.

 

Table 5.0  Recommended Quantity of Features

Gateway Feature Hierarchy

Maximum No. of Features
per Community *

Maximum No.  of Features
per Hectare (ha)**

Description

Primary Neighbourhood

16

1 / 50 ha

Permanent

*  Maximum of two gateway features per community OR one gateway feature per 800 hectares would be permitted, whichever is less.
**  Maximum of 16 primary neighbourhood features per community OR one  primary neighbourhood feature per 50 hectares would be permitted, whichever is less.

The actual number of features permitted may be restricted to less than the above at the discretion of the General Manager, Planning and Growth Management Department.

 

It is anticipated that implementation of the new maintenance fund will result in less uptake by developers to construct primary neighbourhood features, due to the increased financial requirements.  It is also anticipated that the revised formula will result in fewer smaller primary neighbourhood features being constructed, due to the higher minimum contribution requirements.  Developers who want to install smaller features or who choose not to install a primary gateway feature because of the increase in required funding contributions have the option of installing secondary neighbourhood features, which are temporary in nature and do not require a contribution to the Maintenance Fund, however are subject to the Signs By-law.

 

Approval of the new maintenance fund formula as part of the existing Guidelines will allow the Planning and Growth Management Department to approve the implementation of new primary neighbourhood features as part of the development review process with no anticipated financial burden being placed on the City for the first 20 years after the feature is transferred to the City.  This in conjunction with the mandatory one year warranty period for primary neighbourhood features means that the cost for maintenance and repairs will be covered independent of budgetary funding for 21 years from the time the feature is constructed.  This revised funding structure does not guarantee funding for new gateway features in perpetuity, but comes as close as possible to achieving that goal.

 

At this time, the proposed program changes will not be able to fund the maintenance, rehabilitation, and life cycling of existing gateway features.  This remains an issue and the Planning and Growth Management Department will continue to work with the lead departments of Infrastructure Services and Public Works to bring forward a report on how to address existing features.

 

RURAL IMPLICATIONS

 

N/A

 

CONSULTATION

 

A draft of the report was circulated to developers for review and comment.  In general, the development industry is concerned that the contribution to the maintenance fund is too high, and that it will deter them from building new gateway features.

 

Public Works:

 

The Public Works Department was consulted in the development of this report and is supportive of the report recommendations.  Subject to Council approval, Public Works will work with the Planning and Growth Management Department to implement the report recommendations.

 

COMMENTS BY THE WARD COUNCILLOR(S)

 

N/A

 

LEGAL IMPLICATIONS

 

There are no legal implications associated with the recommendations in this report. The Council of the City of Ottawa has the full discretion to determine the conditions, including financial terms, pursuant to which gateway features may be located upon lands owned by the City of Ottawa.

 

RISK MANAGEMENT IMPLICATIONS

 

There are no known risk implications.

 

CITY STRATEGIC PLAN

 

This report supports the strategic plan goals of financial responsibility.

 

TECHNICAL IMPLICATIONS

 

N/A

 

FINANCIAL IMPLICATIONS

 

The revised formula is based in part on Public Works’ estimate of an average of $1000 per gateway feature per year for general maintenance and upkeep. The remainder of the funds would be used for any structural repairs or maintenance that go beyond the general maintenance requirements during the life of the feature; the funds would not address major renewal or replacement of the features.

 

It is anticipated that implementation of the new maintenance fund formula will eliminate the need for City budgetary contributions towards new primary neighbourhood features for a 20-year period.  It is expected that the lifespan of some features will be far greater than 20 years.  Therefore, contributions from other sources will likely be required after a feature has been the City’s responsibility for 20 years.


 

Fees collected will be established in segregated deferred revenue accounts, for costs associated with each specific new gateway feature. The 2012 fees are noted in the above Table 4.0. Future-year fees will be brought forward in the annual budget process, to address inflationary and other cost increases.

 

The proposed program changes will not be able to fund the maintenance, rehabilitation, and life cycling of existing gateway features.

 

 

ACCESSIBILITY IMPACT

 

N/A

 

 

APPLICATION PROCESS TIMELINE STATUS

 

N/A

 

 

SUPPORTING DOCUMENTATION

 

Document 1    November 26, 2008 Report to Planning Committee and Council (ACS2008-ICS-PLA-0223) Held on file with the City Clerk.

 

 

DISPOSITION

 

N/A


 

AMENDMENT TO THE DESIGN GUIDELINES FOR NEW DEVELOPMENT APPLICATION GATEWAY FEATURES

MODIFICATION AUX LIGNES DIRECTRICES DE CONCEPTION POUR LES DEMANDES D’AMÉNAGEMENT DE NOUVEAUX POINTS D’ACCÈS

ACS2011-ICS-PGM-0209                             City Wide/ A L’ÉCHELLE DE LA VILLE

 

REPORT RECOMMENDATIONS

 

That the Planning Committee recommend Council:

 

1.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to remove the Supplementary Maintenance Fund and replace it with a new Maintenance Fund formula as detailed in Document 1; and

 

2.                  Approve an amendment to the Council approved Design Guidelines for Development Application Gateway Features to allow one primary neighbourhood gateway features to be constructed per 50 hectares as opposed to one per 100 hectares.

 

Julie Carrara, FoTenn Consultants, registered to speak in support of deferral, but withdrew her request.

 

The report recommendation was subsequently put to Committee and CARRIED, as presented.