2. OBJECTION TO DRAFT CONDITION REQUIRING MINTO TO BURY THE HYDRO SERVICE ALONG CAMPEAU DRIVE BETWEEN DIDSBURY ROAD AND HUNTMAR DRIVE

OBJECTION À LA CONDITION PROVISOIRE EXIGEANT QUE MINTO ENFOUISSE LES FILS DE TRANSPORT D’ÉLECTRICITÉ SUR LA PROMENADE CAMPEAU, ENTRE LE CHEMIN DIDSBURY ET LA PROMENADE HUNTMAR

Committee recommendationS as amended

That Council approve, with respect to the Plan of Subdivision for Minto’s development at 370, 404, 410, and 450 Huntmar Drive:

1. That the General Manager, Planning and Growth Management be vested with the authority to modify, delete or replace condition 112 at his discretion without the requirement for seeking prior concurrence from the developer or the Ward Councillor; and

2. That Hydro Ottawa be requested to locate the continuation of the 127 KV transmission line westerly along or adjacent to Highway 417 between Disbury Road and Huntmar Drive and then eventually northerly along Huntmar Road;

3. That staff be directed to facilitate, other than financially, the acquisition of any easements required to permit the continuation of the transmission line along or adjacent to Highway 417.

RecommandationS MODIFIÉES DU Comité

Que le Conseil approuve, en ce qui a trait au plan de lotissement de l’aménagement de Minto prévu aux 370, 404, 410 et 450, promenade Huntmar :

1. Que le directeur général de l’urbanisme et de la Gestion de la croissance se voie confier le pouvoir de modifier, de supprimer ou de remplacer la condition 112 à sa discrétion, sans avoir à obtenir l’accord préalable du promoteur ou de la conseillère du quartier;

2. Qu l’on demande à Hydro Ottawa d’installer la suite de ces lignes de transport d’électricité de 127 kV du côté ouest le long de l’autoroute 417 ou adjacente à celle-ci, entre le chemin Didsbury et la promenade Huntmar et éventuellement, du côté nord, le long de la promenade Huntmar;

3. Que l’on demande au personnel de faciliter, autrement que sur le plan financier, l’acquisition de toute servitude nécessaire pour permettre l’aménagement de la suite de la ligne de transport d’électricité le long de l’autoroute 417 ou proche de celle-ci.

Documentation

1. Councillor P. Hume's report, Ward 18, Alta Vista, dated 14 November 2011 (ACS2011-CMR-PLC-0023).

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

14 November 2011 / le 14 novembre 2011

Submitted by/Soumis par: Peter Hume, Councillor/

Conseiller Ward 18/ quartier 18

Contact Person/Personne resource: Councillor/ Conseiller Peter Hume

613-580-2488, Peter-Hume@ottawa.ca

Kanata North (4)

Ref N°:ACS2011-CMR-PLC-0023

SUBJECT: OBJECTION TO DRAFT CONDITION REQUIRING MINTO TO BURY THE HYDRO SERVICE ALONG CAMPEAU DRIVE BETWEEN DIDSBURY ROAD AND HUNTMAR DRIVE

OBJET : OBJECTION À LA CONDITION PROVISOIRE EXIGEANT QUE MINTO ENFOUISSE LES FILS DE TRANSPORT D’ÉLECTRICITÉ SUR LA PROMENADE CAMPEAU, ENTRE LE CHEMIN DIDSBURY ET LA PROMENADE HUNTMAR

REPORT RECOMMENDATION

That the Planning Committee recommend Council lift delegated authority from the General Manager of Planning and Growth Management and direct that Condition 121, prohibiting installation of overhead lines along Campeau Drive, be removed from the list of conditions required for final approval of the Plan of Subdivision for Minto’s development at Parts of 370 and 450 Huntmar Drive and 404 and 410 Huntmar Drive.

RECOMMANDATION DU RAPPORT

Que le Comité de l’urbanisme recommande au Conseil de lever les pouvoirs délégués au directeur général d’urbanisme et Gestion de la croissance et d’exiger que la Condition 121, interdisant l’installation de lignes aériennes le long de la promenade Campeau, soit retirée de la liste des conditions exigées aux fins d’approbation définitive du plan de lotissement de l’aménagement de Minto prévu aux 370, 404, 410 et 450, promenade Huntmar.

BACKGROUND

On July 28, 2010, City staff under delegated authority approved the Draft Plan of Subdivision for Minto’s Arcadia Development located north of Highway 417, west of the Carp River and east of Huntmar Drive in the Kanata West Development Area. The following condition of draft approval required of the developer by the Ward Councillor, prohibits the construction of overhead lines along Campeau Drive:

112. The Owner acknowledges and agrees no overhead lines will be installed along Campeau Drive or any residential streets identified on the draft plan. The location of all overhead lines shall be identified on the Composite Utility Plan and be subject to concurrence by the Ward Councillor and to the satisfaction of the General Manager, Planning and Growth Management.

Minto ultimately agreed to the condition on the assumption that another corridor would be feasible. However, after reviewing the costs of burying the lines and finding no satisfactory alternate corridor or overhead lines, the developer is requesting that the condition be removed from the approved list of draft plan conditions.

Having been unable to obtain concurrence from the Ward Councillor on the removal of the condition, Minto has written a letter to the Chair of the Planning Committee requesting that the matter be placed before Committee and Council. Their letter dated 9 September 2011 is included as Document 1. Pursuant to Subsection 77 (12) of the Procedure By-law, Councillor Hume has requested that this matter placed on the Planning Committee Agenda for the 25 October 2011 meeting.

DISCUSSION

On 13 April 2010, Council approved the City of Ottawa Underground Wiring Policy, as amended by Planning Committee, which directed that the undergrounding of overhead wires on City right-of-ways be undertaken only when the full cost of burial is paid for by the requesting party, or as otherwise approved by Council on a case-by-case basis.

Planning and Growth Management Departmental Comment

In addition to condition 112 listed above it is worth noting that residential units fronting onto the north side of the future Campeau Drive extension will have front yard setbacks of 2.0 metres (Block 362) and 3.0 metres (Block 361). The detailed design of the future Campeau Drive has not been finalized and as such, the location of overhead hydro lines is unknown at this point in time. However, Minto Communities Inc. is aware of Hydro Ottawa’s setback limits to medium voltage pole lines (see Condition 127 of draft approval) and is responsible to work with Hydro Ottawa and the Planning and Growth Management staff to ensure overhead lines do not adversely impact zoning approvals and draft approved blocks.

Condition127 of the draft approved conditions:

The Owner shall ensure that no permanent structures are located within the "restricted zone" defined by Hydro Ottawa’s standard OLS0002 which can be found at www.hydroottawa.com/development/. The "restricted zone" surrounds overhead medium voltage pole lines, consisting of a five-meter (5m) radial distance from overhead medium voltage conductors, and a two-meters (2m) distance from a vertical line drawn from the conductors to ground level along, the length of the pole line. This standard complies with the requirements of the Ministry of Labour’s Occupational Health & Safety Act, the Building Code and the Ontario Electrical Safety Code.

RURAL IMPLICATIONS

There are no rural implications associated with this report.

CONSULTATION

The Planning and Growth Management Department was consulted in the preparation of this report, and their comments are included under the Discussion section. No specific public consultations were undertaken in the production of the report.

Notice of this meeting was advertised on the City’s website as per Section 77(1)(b) of the Procedure By-law.

COMMENTS BY THE WARD COUNCILLOR

Councillor Marianne Wilkinson is opposed to the report recommendation.

LEGAL IMPLICATIONS

Where delegated authority has not been removed by the Ward Councillor, the authority to remove delegated authority rests with Council. Where delegated authority is removed by Council, Council then has the authority to amend the conditions of draft approval of a subdivision. Such an amendment can be appealed to the Ontario Municipal Board by the applicant or by a person who made oral or written submissions before the subdivision plan was granted draft approval or requested written notice of a change in conditions.

RISK MANAGEMENT IMPLICATIONS

There are no risk implications associated with this report.

FINANCIAL IMPLICATIONS

There are no financial implications associated with the recommendations of this report. If the condition is removed and there is an appeal, staff will defend Council’s position.

Financial services staff are examining the financial impact of the other options suggested in the Minto letter and can provide additional information to Committee if required.

TECHNOLOGICAL IMPLICATIONS

There are no technological implications associated with this report.

CITY STRATEGIC PLAN

N/A

SUPPORTING DOCUMENTATION

Document 1: Letter dated 9 September 2011 from Minto Communities Inc.

DISPOSITION

Planning and Growth Management Staff to implement the direction of Planning Committee and Council.

OBJECTION TO DRAFT CONDITION REQUIRING MINTO TO BURY THE HYDRO SERVICE ALONG CAMPEAU DRIVE BETWEEN DIDSBURY ROAD AND HUNTMAR DRIVE

OBJECTION À LA CONDITION PROVISOIRE EXIGEANT QUE MINTO ENFOUISSE LES FILS DE TRANSPORT D’ÉLECTRICITÉ SUR LA PROMENADE CAMPEAU, ENTRE LE CHEMIN DIDSBURY ET LA PROMENADE HUNTMAR

ACS2011-CMR-PLC-0023 KANATA NORTH / NORD (4)

Deferred from the Planning Committee meeting of 22 November 2011

REPORT RECOMMENDATION

That the Planning Committee recommend Council lift delegated authority from the General Manager of Planning and Growth Management and direct that Condition 112, prohibiting installation of overhead lines along Campeau Drive, be removed from the list of conditions required for final approval of the Plan of Subdivision for Minto’s development at 370, 404, 410, and 450 Huntmar Drive

The following motion was put forward as a replacement to the report recommendation:

MOTION N^O PLC 25/1

Moved by Councillor J. Harder:

WHEREAS the Ward Councillor, the Developer and staff have met to discuss Condition 112;

AND WHEREAS the installation of servicing Minto’s development at Parts of 370 and 450 Huntmar Drive and 404 and 410 Huntmar Drive will not commence until April, 2012;

AND WHEREAS there is agreement to permit discussions to continue with respect to seeking to ensure that there are no overhead hydro wires along Campeau Drive provided that a resolution is found that permits servicing to commence in April;

AND WHEREAS to achieve a resolution in this timeframe, it will assist to vest authority in the General Manager, Planning and Growth Management to modify condition 112 without seeking concurrence from either the developer or the Ward Councillor

BE IT RESOLVED THAT the General Manager, Planning and Growth Management be vested with the authority to modify, delete or replace condition 112 at his discretion without the requirement for seeking prior concurrence from the developer or the Ward Councillor.

CARRIED

MOTION N^O PLC 25/1

Moved by Councillor J. Harder:

WHEREAS Hydro Ottawa’s 127 KV line within former Kanata to Didsbury Road is presently located adjacent to the 417;

AND WHEREAS the proposed location of the 127 KV line west of Didsbury Road has not been finalized;

AND WHEREAS there is agreement amongst the developer in the area, the Ward Councillor and staff that locating overhead 127 KV transmission lines along Campeau Drive should be avoided if at all possible;

BE IT RESOLVED THAT Hydro Ottawa be requested to locate the continuation of the 127 KV transmission line westerly along or adjacent to Highway 417 between Disbury Road and Huntmar Drive and then eventually northerly along Huntmar Road;

BE IT FURTHER RESOLVED THAT staff be directed to facilitate, other than financially, the acquisition of any easements required to permit the continuation of the transmission line along or adjacent to Highway 417.

CARRIED