OTTAWA CITY COUNCIL 9 MAY 2012 ANDREW S. HAYDON HALL 10:00 a.m. MINUTES 34 The Council of the City of Ottawa met at Andrew S. Haydon Hall, 110 Laurier Avenue West, Ottawa, on 9 May 2012 beginning at 10:00 a.m. The Mayor, Jim Watson, presided and led Council in prayer. The National Anthem was performed by Manotick Brass. MOMENT OF SILENCE Council observed a Moment of Silence in honour of Rifat Qadri, Councillor Shad Qadri’s father, and in honour of Christopher Chiarelli, son of the former Mayor and current Member of Provincial Parliament, Bob Chiarelli. Announcements/Ceremonial Activities RECOGNITION – MAYOR’S CITY BUILDER AWARD Mayor Jim Watson and Councillor Allan Hubley presented the Mayor’s City Builder Award to Emily Tieu for her outstanding charity fundraising and dedicated work in the community. PRESENTATION – CITY MANAGER’S AWARD FOR EXCELLENCE Mayor Watson and City Manager, Kent Krikpatrick, presented the 2012 City Manager’s Award for Excellence in three categories to City employees. This award represents the highest distinction that employees can receive through the City’s corporate recognition program. The recipient in the Making People a Priority category was Frempon Bafi-Yeboa, Recreation and Community Development Officer, for his work with partner agencies to develop and promote the successful “I Love to...” series of programs that improve access to recreation and cultural programs for low-income young people. The recipients in the Turning Ideas into Results category was the team responsible for the Walter Baker Sports Complex Accessibility Upgrades, John Prazak, Marco Manconi, Peter Dodsworth, Paul Hussar, Kim Desjardins, Dan Brisebois, Josée Hélie, Melody Johnson, Mark Baldwin and Brian Keenan. Larry O’Keefe, General Manager of Public Works, was awarded the City Manager’s Award for Excellence in the Leadership Category. Mr. O’Keefe was nominated by his co-workers for his impact on staff recognition and engagement and his commitment to service excellence. Roll Call ALL MEMBERS WERE PRESENT EXCEPT COUNCILLORS D. DEANS, S. QADRI AND R. CHIARELLI. Confirmation of Minutes The Minutes of the regular meeting of 25 April 2012 were confirmed. Declarations of interest including those originally arising from prior meetings No declarations were received. Communications The following communications were received: Association of Municipalities of Ontario (AMO): * Addressing the Rising Cost of Police Services – Update to Members Regrets Councillors D. Deans (City Business), S. Qadri and R. Chiarelli advised they would be absent from the Council meeting of 9 May 2012. Motion to Introduce Reports MOTION NO. 34/1 Moved by Councillor P. Clark Seconded by Councillor M. Taylor That Environment Committee Report 15; Finance and Economic Development Committee Reports 18A and 20; Planning Committee Reports 28B and 29; and, Transit Commission Report 11A, be received and considered; And that the Rules of Procedure be suspended to receive and consider Planning Committee Report 30, because of the urgency of the items contained in this report (specific reasons set out below.) (Waiver of the Rules is being requested for Item 1 of Planning Committee Report 30 to allow issues relating to the performance objectives for the Monahan Stormwater Facility, to be addressed in timely manner; and for Item 2 so that funding for the Zoning “SWOT” (Strengths, Weaknesses, Opportunities and Threats) Team, which has been identified as a priority, can be allocated as quickly as possible.) CARRIED COMMITTEE REPORTS ENVIRONMENT COMMITTEE REPORT 15 1. FINANCIAL STATEMENTS FOR IN-HOUSE SOLID WASTE COLLECTION - 2011 EXTERNAL AUDIT RESULTS ÉTATS FINANCIERS POUR LA COLLECTE DES DÉCHETS SOLIDES PAR LA VILLE – RÉSULTATS DE LA VÉRIFICATION EXTERNE DE 2011 COMMITTEE RECOMMENDATIONS 1. That Council receive this report for information; and, 2. That Council extend the reporting period for year 6 of the In-house Collection Operations to October 27, 2012. CARRIED 2. PROPOSED COST RECOVERY PROGRAM FOR THE USE OF THE WASTEWATER SYSTEM PROGRAMME DE RECOUVREMENT DES FRAIS PROPOSÉ POUR L’UTILISATION DU RÉSEAU DES EAUX USÉES COMMITTEE RECOMMENDATIONS That Council: 1. Approve the proposed cost recovery program for the use of the wastewater system. 2. Approve an amendment to Schedule “B” to By-law No. 2003-514, regulating the control of discharges to sewers and sewage works, to replace the existing fee for ‘Water from a source other than the municipal distribution system” with a conveyance fee of $1.01 per cubic metre and a treatment fee of $0.63 per cubic metre as calculated in accordance with Document 1 and subject to review and revision on an annual basis upon approval by Council of the water and wastewater rate budget. CARRIED 3. ORLÉANS WATERMAIN LINK RACCORDEMENT DES CONDUITES PRINCIPALES D’ORLÉANS COMMITTEE RECOMMENDATION That Council approve the results of the Class Environmental Assessment Study for the Orléans Watermain Link as detailed in Documents 1 and 2 and direct staff to proceed with Notice of Study Completion for a 30-day public review period in accordance with the Ontario Municipal Class Environmental Assessment Schedule "B" process. CARRIED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 18A 1. QUARTERLY PERFORMANCE REPORT TO COUNCIL, Q4: OCTOBER 1 – DECEMBER 31, 2011 RAPPORT TRIMESTRIEL SUR LE RENDEMENT PRÉSENTÉ AU CONSEIL POUR LE 4E TRIMESTRE, DU 1ER OCTOBRE AU 31 DÉCEMBRE 2011 COMMITTEE RECOMMENDATION That Council receive the report for information. RECEIVED FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 20 1. 400TH ANNIVERSARY CELEBRATIONS OF SAMUEL DE CHAMPLAIN’S VOYAGE TO OTTAWA FESTIVITÉS DU 400E ANNIVERSAIRE DE L’EXPÉDITION DE SAMUEL DE CHAMPLAIN À OTTAWA COMMITTEE RECOMMENDATION That Council approve the celebratory plan for the 400th anniversary of Samuel de Champlain’s voyage to Ottawa as described in this report, and refer associated funding to the 2013 budget process. CARRIED 2. COMPREHENSIVE LEGAL SERVICES REPORT FOR THE PERIOD JANUARY 1ST TO MARCH 31ST, 2012 RAPPORT GÉNÉRAL SUR LES SERVICES JURIDIQUES POUR LA PÉRIODE DU 1ER JANVIER AU 31 MARS 2012 COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 3. DELEGATION OF AUTHORITY – CONTRACTS AWARDED FOR THE PERIOD OCTOBER 1, 2011 TO DECEMBER 31, 2011 DÉLÉGATION DE POUVOIR – CONTRATS ACCORDÉS POUR LA PÉRIODE DU 1er OCTOBRE AU 31 DÉCEMBRE 2011 COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 4. 2011 – PURCHASING YEAR IN REVIEW 2011 – L’ANNÉE DE L’APPROVISIONNEMENT EN RÉVISION COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED 5. 2012 OPERATING AND CAPITAL BUDGET Q1 STATUS REPORT BUDGETS DE FONCTIONNEMENT ET DES IMMOBILISATIONS 2012 – T1 - RAPPORT D’ÉTAPE COMMITTEE RECOMMENDATION That Council approve the capital budget adjustments as outlined in Document 5. CARRIED 6. 2012 TAX RATIOS AND OTHER TAX POLICIES COEFFICIENTS FISCAUX ET AUTRES POLITIQUES D’IMPOSITION DE 2012 COMMITTEE RECOMMENDATIONS That Council approve:   1. The adoption of the following optional property classes in 2012: * Shopping centre commercial property class * Parking lots and vacant lands commercial property class * Office building commercial property class * Large industrial property class * New multi-residential property class * Professional sports facility class   2. The adoption of the following tax ratios for 2012:   TAX CLASS Ratios ** Residential 1.000000 Multi-Residential 1.700000 New Multi-Residential 1.000000 Farm 0.200000 Managed Forest 0.250000 Pipeline 1.539271 Commercial Broad Class 1.924496 - Commercial * 1.826951 - Office Building * 2.207164 - Parking Lots and Vacant Land – Commercial* 1.197053 - Shopping Centre * 1.519664 - Professional Sports Facility 1.826951 Industrial Broad Class 2.428169 - Industrial * 2.574494 - Large Industrial * 2.210831 * including new construction classes for BET purposes ** Subject to final minor revisions upon OPTA close-off 3. The adoption of the following tax ratios and by-laws for the mandatory property subclasses and the tax rate percentage reduction for farmland awaiting development: * Commercial excess land (i.e. commercial, office and shopping centre tax classes) - 70% of the applicable commercial property class tax ratio * Vacant industrial land, industrial and large industrial excess land - 65% of the applicable industrial property class tax ratio * Farm lands awaiting development subclass I - 75.0% of the residential property class tax ratio and the corresponding tax rate percentage reduction for the awaiting residential, multi-residential, commercial and industrial property classes; and Farm lands awaiting development subclass II - no tax rate reduction 4. That the tax rates for 2012 be established based on the ratios adopted herein. 5. That the 2012 capping and clawback provisions be as follows: a) That capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2011 Current Value Assessment (CVA) taxes; b) That capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year; c) That properties which have reached their CVA during 2011 or crossed over from the clawed back category to the capped category remain at CVA taxes and be excluded from any further and future capping adjustments; d) That properties that cross over from the capped category to the clawed back category remain subject to claw back adjustments. 6. That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2012 and future taxation years. 7. That the property tax mitigation programs be continued and endorsed for 2012, including the charitable and vacancy rebate programs, the Farm Grant Program and the Low Income Seniors and Disabled Persons Complete Tax Deferral Program as previously approved by Council; and a) the associated policies be received and endorsed; and b) that any future municipal capital facility agreements be presented to FEDCO for review and recommendation to Council for approval. 8. a) Changes to the Urban Fire Special Service area for tax levy purposes pursuant to section 326 of the Municipal Act 2001, S.O. 2001, Chapter 25 as defined in the attached report to include properties within Document 1 – Fire Zone 41 and within Document 2 – Fire Zone 47. b) Changes to the Rural Fire Special Service area for tax levy purposes pursuant to section 326 of the Municipal Act 2001, S.O. 2001, Chapter 25 as defined in the attached report to exclude properties within Document 1 – Fire Zone 41 and to exclude properties within Document 2 – Fire Zone 47. 9. a) That City Council give direction to City staff, interested stakeholders such as Eastern Ontario Landlord Organization (EOLO) to work together and attempt to find, refine or develop generally accepted methods of demonstrating the tax burden on multi-residential properties as compared to residential properties so that City Council can address the multi-residential tax ratio question. b) That City Council request the Province investigate the use of a more sophisticated valuation model of income capitalization for the Multi-Residential properties by the Municipal Property Assessment Corporation (MPAC) to facilitate the determination of the equivalent tax burden between the residential and multi-residential property tax classes and among the various property types within the multi-residential property tax class. MOTION NO. 34/2 Moved by Councillor P. Hume Seconded by Councillor P. Clark That recommendation 9 of Finance and Economic Development Committee Report 20, Item 6, 2012 Tax Ratios and Other Tax Policies, be amended to read as follows: a) Direct staff to work with interested stakeholders such as the Eastern Ontario Landlords Organization  to find, refine and/or develop generally accepted methods of demonstrating the tax burden on multi-residential properties as compared to residential properties so that City Council can address the multi-residential tax ratio question. b) That City Council request the Province direct the Municipal Property Assessment Corporation (MPAC) to investigate the use of a valuation model of income capitalization that would result in a closer approximation of actual value of the Multi-Residential properties to facilitate the determination of the equivalent tax burden between the residential and multi-residential property tax classes and among the various property types within the multi-residential property tax class. CARRIED MOTION NO. 34/3 Moved by Councillor T. Tierney Seconded by Councillor K. Egli WHEREAS the City of Ottawa’s Pre-Authorized Tax Payment Plan offers taxpayers the ability to have their current years’ property taxes spread over a 10-month period with payments automatically deducted from their bank account on either the first or fifteenth of each month; and WHEREAS some taxpayers have indicated they would benefit from having the choice of a date for payment other than the first or fifteenth of the month; and WHEREAS adding two more due dates within a month would provide more options for those taxpayers who find the first or fifteenth inconvenient; THEREFORE BE IT RESOLVED THAT Council direct staff to establish two additional due dates within the month for the City of Ottawa’s Pre-Authorized Tax Payment Plan for the 2013 tax year. CARRIED Item 6 of Finance and Economic Development Committee Report 20, as amended by Motion Nos. 34/2 and 34/3 and set out in full below, was then put to Council: That Council approve:   1. The adoption of the following optional property classes in 2012: * Shopping centre commercial property class * Parking lots and vacant lands commercial property class * Office building commercial property class * Large industrial property class * New multi-residential property class * Professional sports facility class   2. The adoption of the following tax ratios for 2012:   TAX CLASS Ratios ** Residential 1.000000 Multi-Residential 1.700000 New Multi-Residential 1.000000 Farm 0.200000 Managed Forest 0.250000 Pipeline 1.539271 Commercial Broad Class 1.924496 - Commercial * 1.826951 - Office Building * 2.207164 - Parking Lots and Vacant Land – Commercial* 1.197053 - Shopping Centre * 1.519664 - Professional Sports Facility 1.826951 Industrial Broad Class 2.428169 - Industrial * 2.574494 - Large Industrial * 2.210831 * including new construction classes for BET purposes ** Subject to final minor revisions upon OPTA close-off 3. The adoption of the following tax ratios and by-laws for the mandatory property subclasses and the tax rate percentage reduction for farmland awaiting development: * Commercial excess land (i.e. commercial, office and shopping centre tax classes) - 70% of the applicable commercial property class tax ratio * Vacant industrial land, industrial and large industrial excess land - 65% of the applicable industrial property class tax ratio * Farm lands awaiting development subclass I - 75.0% of the residential property class tax ratio and the corresponding tax rate percentage reduction for the awaiting residential, multi-residential, commercial and industrial property classes; and Farm lands awaiting development subclass II - no tax rate reduction 4. That the tax rates for 2012 be established based on the ratios adopted herein. 5. That the 2012 capping and clawback provisions be as follows: e) That capping parameters be approved at the higher of 10% of the previous year’s annualized tax or 5% of the 2011 Current Value Assessment (CVA) taxes; f) That capped/clawback properties whose recalculated annualized taxes fall within $250 of their CVA taxation be moved to their CVA tax for the year; g) That properties which have reached their CVA during 2011 or crossed over from the clawed back category to the capped category remain at CVA taxes and be excluded from any further and future capping adjustments; h) That properties that cross over from the capped category to the clawed back category remain subject to claw back adjustments. 6. That the tax level for “new construction” properties be set at a minimum level of 100% of their CVA taxes for 2012 and future taxation years. 7. That the property tax mitigation programs be continued and endorsed for 2012, including the charitable and vacancy rebate programs, the Farm Grant Program and the Low Income Seniors and Disabled Persons Complete Tax Deferral Program as previously approved by Council; and c) the associated policies be received and endorsed; and d) that any future municipal capital facility agreements be presented to FEDCO for review and recommendation to Council for approval. 8. a) Changes to the Urban Fire Special Service area for tax levy purposes pursuant to section 326 of the Municipal Act 2001, S.O. 2001, Chapter 25 as defined in the attached report to include properties within Document 1 – Fire Zone 41 and within Document 2 – Fire Zone 47. b) Changes to the Rural Fire Special Service area for tax levy purposes pursuant to section 326 of the Municipal Act 2001, S.O. 2001, Chapter 25 as defined in the attached report to exclude properties within Document 1 – Fire Zone 41 and to exclude properties within Document 2 – Fire Zone 47. 9. a) Direct staff to work with interested stakeholders such as the Eastern Ontario Landlords Organization  to find, refine and/or develop generally accepted methods of demonstrating the tax burden on multi-residential properties as compared to residential properties so that City Council can address the multi-residential tax ratio question. b) That City Council request the Province direct the Municipal Property Assessment Corporation (MPAC) to investigate the use of a valuation model of income capitalization that would result in a closer approximation of actual value of the Multi-Residential properties to facilitate the determination of the equivalent tax burden between the residential and multi-residential property tax classes and among the various property types within the multi-residential property tax class. 10. That Council direct staff to establish two additional due dates within the month for the City of Ottawa’s Pre-Authorized Tax Payment Plan for the 2013 tax year. CARRIED 7. LANSDOWNE PARTNERSHIP PLAN – CONSTRUCTION OF CAPITAL WORKS PLAN DE PARTENARIAT DU PARC LANSDOWNE – TRAVAUX D'IMMOBILISATION COMMITTEE RECOMMENDATION That Council approve that staff undertake the construction works for soil remediation and the relocation of the Horticulture Building as described in this report, to be funded through the advancement of $12.6 million of existing capital authority to the 2012 spending plan. CARRIED Direction to Staff That staff be directed to do whatever is necessary to gain access to the second storey of the Coliseum Building in order to document potential heritage aspects and identify any elements that might be saved for display or re-use. 8. DISPOSAL STRATEGY - 9 LEEMING DRIVE – FORMER ST. THOMAS SCHOOL STRATÉGIE D’ÉLIMINATION – 9, PROMENADE LEEMING, ANCIENNE ÉCOLE ST. THOMAS COMMITTEE RECOMMENDATIONS That Council: 1. Approve the staff recommendation to retain a small portion of the property at 9 Leeming Drive, shown as Parcel A on Document 2 attached and having an area of approximately 0.124 ha (0.306 acres) to increase the size of Maki Park to allow for future park development; 2. Declare the remainder of the property at 9 Leeming Drive, being Parcels B and C on Document 2 attached as surplus to the City’s needs; 3. Approve the staff recommendation to market the remainder of the property at 9 Leeming Drive for sale being Parcels B and C on Document 2 attached and having an area of approximately 1.00 ha (2.47 acres) and legally described as part Block E, Registered Plan 442519 to recoup a portion of the $2M expenditure; and 4. Approve the transfer of the property described in Recommendation 3 to the Ottawa Community Lands Development Corporation (OCLDC) to initiate the sale and redevelopment of this property as described in this report. CARRIED 9. PROPERTY SETTLEMENT – TRIM ROAD PROJECT (NORTH SERVICE ROAD TO INNES ROAD), CLARIDGE HOMES (TRIM ROAD) INC. RÉPARTITION DU DROIT DE PROPRIÉTÉ – PROJET DU CHEMIN TRIM (DU CHEMIN NORTH SERVICE AU CHEMIN INNES), CLARIDGE HOMES (TRIM ROAD) INC. COMMITTEE RECOMMENDATION That Council approve the property settlement for the acquisition of a strip of vacant lands containing 3.123 ha, shown as Parcel 1 and Parcel 3 on Document 1, as required for the Trim Road (North Service Road to Innes Road) Project for the amount of $1,614,240 from Claridge Homes (Trim Road) Inc CARRIED PLANNING COMMITTEE REPORT 28B 1. LOW-RISE INFILL HOUSING IN MATURE NEIGHBOURHOODS AMÉNAGEMENTS INTERCALAIRES DE FAIBLE HAUTEUR DANS LES QUARTIERS BIEN ÉTABLIS COMMITTEE RECOMMENDATIONS AS AMENDED That Council approve: 1. An amendment to the Zoning By-law 2008-250 to include a new section which provides regulations for infill development as detailed in Document 2; 2. The Urban Design Guidelines for Low-Rise Infill Housing as detailed in Document 3; 3. The proposed changes to the City’s submission requirements and procedures – including procedures and fees for new planting, the Urban Tree Conservation By-law and the Drainage By-law as detailed in Document 4 and direct the appropriate branches to implement these changes within eight months of Council approval of this report; 4. The addition of one Full-Time Employee for the Forestry Services Branch as a pressure to the draft 2013 budget, in order to ensure that the amendments to the Urban Tree Conservation By-law can be implemented; 5. That section 139(x) of the proposed by-law amendment be modified to exempt the development permitted at 570, 572, 574, 576, 578 and 580 Athlone by the Committee of Adjustment’s decision of 2010 from the provisions of the proposed infill modifications. 6. a. That all building conversions to 3 units and above in Sandy Hill as defined by the Sandy Hill secondary plan be subject to Site Plan Approval as a pilot project to assess if this would assist in addressing current compatibility challenges and to ensure that the guidelines are being met, and b. that staff report back to Planning Committee on this pilot project within 3 years with recommendations. 7. a. That the City Clerk and Solicitor be directed to seek to retain a professional planning opinion with respect to the means by which front-yard parking would only be permitted in lots with a minimum width of 5.6 metres in the mature neighbourhoods of Capital Ward (namely Old Ottawa South, Old Ottawa East and the Glebe); and b. That this work, which has an estimated cost of $30,000, proceed only upon the written confirmation of the Ward Councillor for Ward 17 that his office budget will provide $15,000 of the funding for the assignment, with the balance to come from the budget of the Planning and Growth Management Department. MOTION NO. 34/4 Moved by Councillor P. Hume Seconded by Councillor K. Hobbs WHEREAS on April 10, 2012 Planning Committee carried Report ACS2012-PAI-PGM-0097, as amended, and directed staff to review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate; and WHEREAS staff has undertaken a review of the suggested amendments related to Document 2 - Zoning By-law Changes for R1, R2, R3 and R4 Zones in the Study Area (“Document 2”) and agrees with the suggested amendments set out below; and WHEREAS staff has identified further amendments related to Document 2 necessary to clarify the intent of the proposed zoning regulations; THEREFORE BE IT RESOLVED that Council approve the following change to Document 2 of Report ACS2012-PAI-PGM-0097, as amended: Under General Provisions: Parking Remove: “The door of an attached garage, that is at or below grade, may not face the front lot line unless otherwise permitted below” and “A carport may not face the front lot line unless otherwise permitted below” Replace: “where the required lot width is less than 12m in width, the minimum combined parking/driveway/walkway width is 2.2 meters and the maximum width is 3.0 meters” with “Where the required minimum lot width is less than 7.6m and the driveway, parking space and walkway are located in the same yard, the total minimum combined parking/driveway/walkway width is 2.2 metres and the maximum width is 3.0 metres” Add: “Where the required minimum lot width is between 7.6 and 12m, and the driveway, parking space and walkway are located in the same yard, the total minimum combined parking/driveway/walkway width is 2.2 metres and the maximum width is 3.6 metres”. Replace: “Where the required lot width is 12m or greater, the maximum combined parking space/ driveway/ walkway width is 6m” with “Where the required minimum lot width is greater than 12m and the driveway, parking space and walkway are located in the same yard, the total the maximum combined parking/driveway/walkway width is 6m”. Replace: “A walkway within a front yard may be a maximum of 1.25m in width, where no driveway or front yard parking space is provided in the front yard” with “When a walkway is in either a front or corner side yard, and no parking space or driveway is located in that same yard, the walkway may be a maximum of 1.25 m wide, and the minimum and maximum permitted combined widths of a parking space, driveway and walkway apply only to the parking space and driveway”. Add “Where the lot is a corner lot, the minimum and maximum permitted widths of all parking spaces and driveways on the lot must not exceed that set out in the above provisions.” Remove: “All areas not covered with soft landscaping, such as driveways, parking spaces and walkways must be contiguous” Under General Provisions: Front Yard Parking Replace: “The front yard parking space must be between 4.5 and 6m in length” with “The front yard parking space must be between 5.2 and 6m in length”. Replace: “The maximum recess of the first floor from the front yard lot line is 6m” with “The maximum front yard setback of the first floor of the front wall is 6m”. Add: “Where a parking space is located within the front yard, the centerline of the parking space must, if projected to the centerline of the public street, intersect the centerline of the public street as nearly as practicable at a right angle, but in no case may the acute angle between the projection of the centerline of the parking space and the centerline of the public street be less than 70 degrees”. Remove: “Where the lot is a corner lot the parking space may only be: * located in the rear yard or corner side yard; and * accessed only by a driveway from the public street abutting the corner or rear lot line or from the public lane”. Under General Provisions: Permitted Rooftop Projection Above Maximum Height Limit Replace: “Despite the provisions in Section 64 – Permitted Projections above the Height Limit, all permitted projections above the permitted height limit: * must not exceed 3.0 metres in height; and, * the combined area may not be greater than a total of 11 square metres” with “Despite the provisions in Section 64 – Permitted Projections above the Height Limit, all permitted projections above the permitted height limit, other than a chimney or a parapet of 20 inches or less in height: * must not exceed 3.0 metres in height; and, * the combined area may not be greater than a total of 11 square metres”. Under General Provisions: Permitted Projections Into Required Yard Setbacks Replace: “The maximum permitted projection into the front yard is to be the average of the existing setback of the projections of the adjacent existing homes (one on either side) fronting on the same street.” with “The maximum permitted projection into the front yard is to be the average of the existing projection into the front yard of the same type of projection from the adjacent existing buildings (one on either side) fronting on the same street” Replace: “On a corner lot, the maximum permitted projection into the front yard is to be the average of the existing abutting property and the amount permitted by the zoning by-law under Table 65.” With “On a corner lot, or where one of the two abutting lots is vacant, the maximum permitted projection into the front yard is to be the average of the existing projection into the front yard of the same type of projection from the adjacent existing building fronting on the same street, and the amount permitted by the zoning by-law under Table 65.” Under Where the required minimum lot width is less than 7.6 metres: Parking Replace: “A carport may not face a front lot line” with “A carport may not face a front lot line and may not project into the front yard”. Add: “Notwithstanding that a carport may not face the front lot line, a parking space located partially within the front yard may be located under the second storey of the building to a maximum depth of three metres. Where such a parking space exists, no other parking space may be provided on the lot”. Add: “All areas not covered with soft landscaping, such as driveways, parking spaces and walkways must be contiguous when located in the same yard”. Under Where the required minimum lot width is 7.6 metres or greater: Parking Replace: “Garages and carports must be recessed a minimum of 1m from the front wall of the dwelling” with “Garages and carports must be setback further from the front lot line than the front wall of the associated dwelling”. Under Transition Provisions (a) Replace: “If a completed application for any one or more of: (i)     Committee of Adjustment approval; (ii)    site plan control approval, including an extension of site plan control approval; (iii)   payment in lieu of parking agreement; or (iv)   part lot control approval was received on or after February 1, 2011 and prior to April 25, 2012 the complete application, as well as any subsequent application listed in (i) to (iv) above submitted prior to the issuance of a building permit, are exempt from the provisions of Section 139 and will be processed in accordance with the zoning regulations and provisions in place prior to April 25, 2012” with “If a completed application for any one or more of: (i)      Committee of Adjustment approval; (ii)     site plan control approval, including an extension of site plan control approval; (iii)    payment in lieu of parking agreement; (iv)    part lot control approval; or, (v) building permit” was received on or after February 1, 2011 and prior to May 9, 2012 the complete application, as well as any subsequent application listed in (i) to (v) above submitted prior to the issuance of a building permit, are exempt from the provisions of Section 139 and will be processed in accordance with the zoning regulations and provisions in place prior to May 9, 2012”. Under Transition Provisions (b) Replace: “For the purposes of clause 139 (X) (a), “completed application” means an application which would have been approved or granted on April 24, 2012 had it been processed or disposed of on that day” with “For the purposes of clause 139 (X) (a), “completed application” means an application which would have been approved or granted on May 8, 2012 had it been processed or disposed of on that day”. Under Transition Provisions (d) Replace: “Once the permit or approval resulting from the processing of the application noted in clause (a) has been granted, the provisions of this by-law in place on or after April 25, 2012 apply to the land in question” with “Once the permit or approval resulting from the processing of the application noted in clause (a) has been granted, the provisions of this by-law in place on or after May 9, 2012 apply to the land in question” BE IT FURTHER RESOLVED that pursuant to the Planning Act, subsection 34(17) no further notice be given. CARRIED MOTION NO. 34/5 Moved by Councillor P. Hume Seconded by Councillor K. Hobbs WHEREAS on April 10, 2012 Planning Committee carried Report ACS2012-PAI-PGM-0097, as amended, and directed staff to review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate; and WHEREAS staff has undertaken a review of the suggested amendments related to Document 3 – Urban Design Guidelines for Low-Rise Infill Housing (“Document 3”); and WHEREAS staff is of the opinion that some wording changes will clarify the intent of the guidelines; THEREFORE BE IT RESOLVED that Council approve the following change to Document 3 of Report ACS2012-PAI-PGM-0097, as amended: Under Guideline 2.6 Replace: “Design universally accessible walkways, from private entrances to public sidewalks” with “Design accessible walkways, from private entrances to public sidewalks”. Under Guideline 4.1.3 Replace: “In determining infill lot sizes, recognize local lot sizes including lot width, as well as the existing relationship between lot size, yard setbacks and the scale of homes; recognize also the provisions of the Zoning By-law and the Official Plan’s intensification policies” with “In determining infill lot sizes, recognize the provisions of the Zoning By-law, the Official Plan’s intensification policies, and local lot sizes including lot width, the existing relationship between lot size, yard setbacks and the scale of homes”. Under Guideline 4.1.8 Replace: “Determine appropriate side and rear separation distances between existing homes and new infill homes/ infill housing blocks to ensure appropriate light, view, and privacy. Consider how building height, site orientation and the location of windows affect views, access to direct sunlight and privacy” with “Determine appropriate side and rear separation distances between existing homes and new infill homes/ infill housing blocks to ensure appropriate light, view, and privacy. Consider how building height, site orientation and the location of windows affect views, sunlight and privacy”. Under Guideline 4.1.9 Replace: “Maintain rear yard amenity space that is generally consistent with the pattern of the neighbouring homes. Do not break an existing neighbourhood pattern of green rear yards by reducing rear yard setbacks” with “Maintain rear yard amenity space that is generally consistent with the pattern of the neighbouring homes. Do not break an existing neighbourhood pattern of green rear yards by reducing required rear yard setbacks”. Under Guideline 4.3.2 Replace: “Design infill to be rich in detail and to enhance public streets and spaces, while also responding to the established patterns of the street and neighbourhood. To appropriately transition into an established neighbourhood, incorporate elements from the neighbourhood such as…” with “Design infill to be rich in detail and to enhance public streets and spaces, while also responding to the established patterns of the street and neighbourhood. To appropriately transition into an established neighbourhood, consider elements from the neighbourhood such as….” CARRIED MOTION NO. 34/6 Moved by Councillor P. Hume Seconded by Councillor K. Hobbs WHEREAS on April 10, 2012 Planning Committee carried Report ACS2012-PAI-PGM-0097, as amended, and directed staff to review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate; and WHEREAS staff has undertaken this review and has received new information from the Committee of Adjustment with regards to Document 4 – Changes to City Submission Requirements and Procedures, The Urban Tree Conservation By-law and the Drainage By-law (“Document 4”); and WHEREAS the Committee of Adjustment does not receive grading plans and would therefore not receive information on surface materials and Tree Disclosure Information; and WHEREAS it is important for this information to form part of the package to the Committee of Adjustment, staff recommends changes to Document 4 so that the Committee of Adjustment receives information on surface materials and Tree Disclosure Information; THEREFORE BE IT RESOLVED that Council approve the following changes to Document 4 of Report ACS2012-PAI-PGM-0097, as amended: Under Changes to submission requirements and City procedures: Existing Trees Replace: “Grading plans submitted for Site Plan Control, Committee of Adjustment and Building Permit applications, will require the inclusion of Tree Disclosure information on the grading plan” with “Grading plans submitted for Site Plan Control and Building Permit applications, will require the inclusion of Tree Disclosure information on the grading plan. For applications to the Committee of Adjustment, Tree Disclosure information will be required on an alternate drawing”. Under Changes to submission requirements and City procedures: Changes to drawing requirements Replace: Grading plans submitted for Site Plan Control, Committee of Adjustment and Building Permit applications will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW)” with “Grading plans submitted for Site Plan Control and Building Permit applications will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW). For applications to the Committee of Adjustment, an alternate drawing will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW)”. CARRIED MOTION NO. 34/7 Moved by Councillor P. Hume Seconded by Councillor K. Hobbs WHEREAS on April 10, 2012 Planning Committee carried Report ACS2012-PAI-PGM-0097, as amended, and directed staff to review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate; and WHEREAS staff has undertaken a review of the amendments related to Document 4 – Changes to City Submission Requirements and Procedures, The Urban Tree Conservation By-law and the Drainage By-law (“Document 4”); and WHEREAS staff is of the opinion that text changes will clarify requirements related to existing trees and ensure consistency with the wording of the Urban Tree Conservation By-law; THEREFORE BE IT RESOLVED that Council approve the following change to Document 4 of Report ACS2012-PAI-PGM-0097, as amended: Under Changes to submission requirements and City procedures: Existing Tree: The Tree Disclosure information must include the following: Bullet Four - Replace: “Protection measures for trees to be retained (including on subject site, in the ROW, and/or to protect trees on adjacent private lands)” with “Protection measures for trees, listed in the table, to be retained (including on the subject site, in the ROW, and/or to protect trees on adjacent private lands)”.  Under Changes to submission requirements and City procedures: Existing Tree: Replace: “The Tree Disclosure information must identify where site works will harm or destroy trees on adjacent private lands.” with “The Tree Disclosure information must identify where site works will injure or destroy trees on adjacent private lands”.  Replace: “If Distinctive Tree(s) will be lost, the applicant, with the support of the property owner, is required to apply for a Distinctive Tree Permit from the City.” with “If Distinctive Tree(s) will be injured or destroyed, the applicant, with the support of the property owner, is required to apply for a Distinctive Tree Permit from the City”. CARRIED MOTION NO. 34/8 Moved by Councillor P. Hume Seconded by Councillor K. Hobbs WHEREAS on April 10, 2012 Planning Committee carried Report ACS2012-PAI-PGM-0097, as amended, and directed staff to review the suggested amendments put forward by the Industry Working Group, Community Associations and other delegations to determine which can be incorporated into the proposed report and that this review be done before the matter is considered by City Council so that motions can be brought forward at Council to make changes where appropriate; and WHEREAS staff has undertaken a review of the amendments related to Document 4 – Changes to City Submission Requirements and Procedures, The Urban Tree Conservation By-law and the Drainage By-law (“Document 4”) and recommends changes with regards to procedures for new trees; and WHEREAS staff is of the opinion that the changes will maintain the intent of ensuring that new trees are planted when infill projects are built; THEREFORE BE IT RESOLVED that Council approve the following change to Document 4 of Report ACS2012-PAI-PGM-0097, as amended: Under Changes to submission requirements and City procedures: New Trees Replace: “A tree planting fee will be charged to all Building Permit Applications for each new single, semi, duplex and triplex (units that are not subject to Site Plan Control or Plan of Subdivision). o A per lot fee will be collected at the time of Building Permit application and transferred to Forestry’s Tree Planting Fund. o The amount will cover Forestry Services’ costs to plant and maintain one new tree per lot for a two-year period; the estimated amount is $700 plus HST. o The tree will be planted in the right-of-way (ROW). o If there is insufficient room in the ROW, the funds will be used for tree planting programs in the neighbourhood. o If there is already a tree in the ROW of the lot, a refundable security will be collected and kept for two years to ensure that the tree survives. If the tree does not survive, the funds will be used to plant and maintain a replacement tree. (Note that if an existing tree is not properly protected and is damaged during construction, additional fines and/or compensation under the Municipal Trees and Natural Areas By-law may be collected)” With: “A tree planting deposit will be charged to all Building Permit Applications for each new single, semi, duplex and triplex (units that are not subject to Site Plan Control or Plan of Subdivision). o A per lot deposit will be collected at the time of Building Permit application and transferred to Forestry’s Tree Planting Fund. o The amount will be equivalent to the cost to plant and maintain one new tree per lot for a two-year period (the 2012 estimated amount is $700 plus HST). o An applicant may plant a tree on the subject lot or in the right-of-way (ROW) in front of the lot.  Planting must be to the specifications provided by Forestry Services; specifications will indicate permitted caliper sizes, permitted tree species and planting requirements. o An applicant may apply for a refund of the tree deposit based on certification that shows that a tree was planted as per Forestry Services’ specifications. o If the tree does not meet the specifications, the deposit will not be returned and the funds will be used to replace the tree or for tree planting programs in the neighbourhood. o If the applicant does not plant a tree, Forestry Services will use the deposit to plant a tree in the ROW in front of the subject lot.  If there is insufficient room in the ROW, Forestry Services will work with the homeowner to plant a tree on the lot.  When a tree cannot be planted in the ROW or on the lot, the deposit will be used for tree planting programs in the neighbourhood. o A tree planted in the ROW or in the neighbourhood by Forestry Services will be maintained for a period of two years by Forestry Services. o In cases where there is already a tree in the ROW of the lot, a refundable security will be collected and kept for two years to ensure that the tree survives.  If the tree does not survive, the funds will be used to plant and maintain a replacement tree. (Note that if an existing tree is not properly protected and is damaged during construction, additional fines and/or compensation under the Municipal Trees and Natural Areas By-law may be collected)”. Under Changes to submission requirements and City procedures: Final Grading Inspection Add: “In order to release the tree deposit, the certifier must also confirm that a tree was planted on site to Forestry Services’ specifications, and that all hard and soft landscape areas in the front yard have been installed as per the approved plans”. Under Changes to submission requirements and City procedures: Landscape Implementation Remove: “Once the final landscape has been installed, the developer/builder or their agent will be required to submit a letter, and accompanying summertime photo, certifying that all hard and soft landscape areas have been installed as per the approved plan and that all protected trees remain. The information will be reviewed by Planning and Growth Management and forwarded to By-law Services should there be compliance issues”. CARRIED Item 1 of Planning Committee Report 28B, as amended by Motion Nos. 34/4, 34/5, 34/6, 34/7 and 34/8, and set out in full below, was then put to Council: That Council approve: 1. An amendment to the Zoning By-law 2008-250 to include a new section which provides regulations for infill development as detailed in Document 2, as amended by the following: Under General Provisions: Parking Remove: “The door of an attached garage, that is at or below grade, may not face the front lot line unless otherwise permitted below” and “A carport may not face the front lot line unless otherwise permitted below” Replace: “where the required lot width is less than 12m in width, the minimum combined parking/driveway/walkway width is 2.2 meters and the maximum width is 3.0 meters” with “Where the required minimum lot width is less than 7.6m and the driveway, parking space and walkway are located in the same yard, the total minimum combined parking/driveway/walkway width is 2.2 metres and the maximum width is 3.0 metres” Add: “Where the required minimum lot width is between 7.6 and 12m, and the driveway, parking space and walkway are located in the same yard, the total minimum combined parking/driveway/walkway width is 2.2 metres and the maximum width is 3.6 metres”. Replace: “Where the required lot width is 12m or greater, the maximum combined parking space/ driveway/ walkway width is 6m” with “Where the required minimum lot width is greater than 12m and the driveway, parking space and walkway are located in the same yard, the total the maximum combined parking/driveway/walkway width is 6m”. Replace: “A walkway within a front yard may be a maximum of 1.25m in width, where no driveway or front yard parking space is provided in the front yard” with “When a walkway is in either a front or corner side yard, and no parking space or driveway is located in that same yard, the walkway may be a maximum of 1.25 m wide, and the minimum and maximum permitted combined widths of a parking space, driveway and walkway apply only to the parking space and driveway”. Add “Where the lot is a corner lot, the minimum and maximum permitted widths of all parking spaces and driveways on the lot must not exceed that set out in the above provisions.” Remove: “All areas not covered with soft landscaping, such as driveways, parking spaces and walkways must be contiguous” Under General Provisions: Front Yard Parking Replace: “The front yard parking space must be between 4.5 and 6m in length” with “The front yard parking space must be between 5.2 and 6m in length”. Replace: “The maximum recess of the first floor from the front yard lot line is 6m” with “The maximum front yard setback of the first floor of the front wall is 6m”. Add: “Where a parking space is located within the front yard, the centerline of the parking space must, if projected to the centerline of the public street, intersect the centerline of the public street as nearly as practicable at a right angle, but in no case may the acute angle between the projection of the centerline of the parking space and the centerline of the public street be less than 70 degrees”. Remove: “Where the lot is a corner lot the parking space may only be: * located in the rear yard or corner side yard; and * accessed only by a driveway from the public street abutting the corner or rear lot line or from the public lane”. Under General Provisions: Permitted Rooftop Projection Above Maximum Height Limit Replace: “Despite the provisions in Section 64 – Permitted Projections above the Height Limit, all permitted projections above the permitted height limit: * must not exceed 3.0 metres in height; and, * the combined area may not be greater than a total of 11 square metres” with “Despite the provisions in Section 64 – Permitted Projections above the Height Limit, all permitted projections above the permitted height limit, other than a chimney or a parapet of 20 inches or less in height: * must not exceed 3.0 metres in height; and, * the combined area may not be greater than a total of 11 square metres”. Under General Provisions: Permitted Projections Into Required Yard Setbacks Replace: “The maximum permitted projection into the front yard is to be the average of the existing setback of the projections of the adjacent existing homes (one on either side) fronting on the same street.” with “The maximum permitted projection into the front yard is to be the average of the existing projection into the front yard of the same type of projection from the adjacent existing buildings (one on either side) fronting on the same street” Replace: “On a corner lot, the maximum permitted projection into the front yard is to be the average of the existing abutting property and the amount permitted by the zoning by-law under Table 65.” With “On a corner lot, or where one of the two abutting lots is vacant, the maximum permitted projection into the front yard is to be the average of the existing projection into the front yard of the same type of projection from the adjacent existing building fronting on the same street, and the amount permitted by the zoning by-law under Table 65.” Under Where the required minimum lot width is less than 7.6 metres: Parking Replace: “A carport may not face a front lot line” with “A carport may not face a front lot line and may not project into the front yard”. Add: “Notwithstanding that a carport may not face the front lot line, a parking space located partially within the front yard may be located under the second storey of the building to a maximum depth of three metres. Where such a parking space exists, no other parking space may be provided on the lot”. Add: “All areas not covered with soft landscaping, such as driveways, parking spaces and walkways must be contiguous when located in the same yard”. Under Where the required minimum lot width is 7.6 metres or greater: Parking Replace: “Garages and carports must be recessed a minimum of 1m from the front wall of the dwelling” with “Garages and carports must be setback further from the front lot line than the front wall of the associated dwelling”. Under Transition Provisions (a) Replace: “If a completed application for any one or more of: (i) Committee of Adjustment approval; (ii) site plan control approval, including an extension of site plan control approval; (iii) payment in lieu of parking agreement; or (iv) part lot control approval was received on or after February 1, 2011 and prior to April 25, 2012 the complete application, as well as any subsequent application listed in (i) to (iv) above submitted prior to the issuance of a building permit, are exempt from the provisions of Section 139 and will be processed in accordance with the zoning regulations and provisions in place prior to April 25, 2012” with “If a completed application for any one or more of: (i) Committee of Adjustment approval; (ii) site plan control approval, including an extension of site plan control approval; (iii) payment in lieu of parking agreement; (iv) part lot control approval; or, (v) building permit” was received on or after February 1, 2011 and prior to May 9, 2012 the complete application, as well as any subsequent application listed in (i) to (v) above submitted prior to the issuance of a building permit, are exempt from the provisions of Section 139 and will be processed in accordance with the zoning regulations and provisions in place prior to May 9, 2012”. Under Transition Provisions (b) Replace: “For the purposes of clause 139 (X) (a), “completed application” means an application which would have been approved or granted on April 24, 2012 had it been processed or disposed of on that day” with “For the purposes of clause 139 (X) (a), “completed application” means an application which would have been approved or granted on May 8, 2012 had it been processed or disposed of on that day”. Under Transition Provisions (d) Replace: “Once the permit or approval resulting from the processing of the application noted in clause (a) has been granted, the provisions of this by-law in place on or after April 25, 2012 apply to the land in question” with “Once the permit or approval resulting from the processing of the application noted in clause (a) has been granted, the provisions of this by-law in place on or after May 9, 2012 apply to the land in question” 2. The Urban Design Guidelines for Low-Rise Infill Housing as detailed in Document 3, as amended by the following: Under Guideline 2.6 Replace: “Design universally accessible walkways, from private entrances to public sidewalks” with “Design accessible walkways, from private entrances to public sidewalks”. Under Guideline 4.1.3 Replace: “In determining infill lot sizes, recognize local lot sizes including lot width, as well as the existing relationship between lot size, yard setbacks and the scale of homes; recognize also the provisions of the Zoning By-law and the Official Plan’s intensification policies” with “In determining infill lot sizes, recognize the provisions of the Zoning By-law, the Official Plan’s intensification policies, and local lot sizes including lot width, the existing relationship between lot size, yard setbacks and the scale of homes”. Under Guideline 4.1.8 Replace: “Determine appropriate side and rear separation distances between existing homes and new infill homes/ infill housing blocks to ensure appropriate light, view, and privacy. Consider how building height, site orientation and the location of windows affect views, access to direct sunlight and privacy” with “Determine appropriate side and rear separation distances between existing homes and new infill homes/ infill housing blocks to ensure appropriate light, view, and privacy. Consider how building height, site orientation and the location of windows affect views, sunlight and privacy”. Under Guideline 4.1.9 Replace: “Maintain rear yard amenity space that is generally consistent with the pattern of the neighbouring homes. Do not break an existing neighbourhood pattern of green rear yards by reducing rear yard setbacks” with “Maintain rear yard amenity space that is generally consistent with the pattern of the neighbouring homes. Do not break an existing neighbourhood pattern of green rear yards by reducing required rear yard setbacks”. Under Guideline 4.3.2 Replace: “Design infill to be rich in detail and to enhance public streets and spaces, while also responding to the established patterns of the street and neighbourhood. To appropriately transition into an established neighbourhood, incorporate elements from the neighbourhood such as…” with “Design infill to be rich in detail and to enhance public streets and spaces, while also responding to the established patterns of the street and neighbourhood. To appropriately transition into an established neighbourhood, consider elements from the neighbourhood such as….” 3. The proposed changes to the City’s submission requirements and procedures – including procedures and fees for new planting, the Urban Tree Conservation By-law and the Drainage By-law as detailed in Document 4, as amended by the following, and direct the appropriate branches to implement these changes within eight months of Council approval of this report: Under Changes to submission requirements and City procedures: Existing Trees Replace: “Grading plans submitted for Site Plan Control, Committee of Adjustment and Building Permit applications, will require the inclusion of Tree Disclosure information on the grading plan” with “Grading plans submitted for Site Plan Control and Building Permit applications, will require the inclusion of Tree Disclosure information on the grading plan. For applications to the Committee of Adjustment, Tree Disclosure information will be required on an alternate drawing”. Under Changes to submission requirements and City procedures: Changes to drawing requirements Replace: Grading plans submitted for Site Plan Control, Committee of Adjustment and Building Permit applications will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW)” with “Grading plans submitted for Site Plan Control and Building Permit applications will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW). For applications to the Committee of Adjustment, an alternate drawing will be required to clearly identify, dimension and label all hard and soft surface areas and materials (e.g. asphalt, pavers, wood deck, grass, planting bed etc.) in the front yard, corner side yard, rear yard and Right-of-Way (ROW)”. Under Changes to submission requirements and City procedures: Existing Tree: The Tree Disclosure information must include the following: Bullet Four - Replace: “Protection measures for trees to be retained (including on subject site, in the ROW, and/or to protect trees on adjacent private lands)” with “Protection measures for trees, listed in the table, to be retained (including on the subject site, in the ROW, and/or to protect trees on adjacent private lands)”.  Under Changes to submission requirements and City procedures: Existing Tree: Replace: “The Tree Disclosure information must identify where site works will harm or destroy trees on adjacent private lands.” with “The Tree Disclosure information must identify where site works will injure or destroy trees on adjacent private lands”.  Replace: “If Distinctive Tree(s) will be lost, the applicant, with the support of the property owner, is required to apply for a Distinctive Tree Permit from the City.” with “If Distinctive Tree(s) will be injured or destroyed, the applicant, with the support of the property owner, is required to apply for a Distinctive Tree Permit from the City”. Under Changes to submission requirements and City procedures: New Trees Replace: “A tree planting fee will be charged to all Building Permit Applications for each new single, semi, duplex and triplex (units that are not subject to Site Plan Control or Plan of Subdivision). o A per lot fee will be collected at the time of Building Permit application and transferred to Forestry’s Tree Planting Fund. o The amount will cover Forestry Services’ costs to plant and maintain one new tree per lot for a two-year period; the estimated amount is $700 plus HST. o The tree will be planted in the right-of-way (ROW). o If there is insufficient room in the ROW, the funds will be used for tree planting programs in the neighbourhood. o If there is already a tree in the ROW of the lot, a refundable security will be collected and kept for two years to ensure that the tree survives. If the tree does not survive, the funds will be used to plant and maintain a replacement tree. (Note that if an existing tree is not properly protected and is damaged during construction, additional fines and/or compensation under the Municipal Trees and Natural Areas By-law may be collected)” With: “A tree planting deposit will be charged to all Building Permit Applications for each new single, semi, duplex and triplex (units that are not subject to Site Plan Control or Plan of Subdivision). o A per lot deposit will be collected at the time of Building Permit application and transferred to Forestry’s Tree Planting Fund. o The amount will be equivalent to the cost to plant and maintain one new tree per lot for a two-year period (the 2012 estimated amount is $700 plus HST). o An applicant may plant a tree on the subject lot or in the right-of-way (ROW) in front of the lot.  Planting must be to the specifications provided by Forestry Services; specifications will indicate permitted caliper sizes, permitted tree species and planting requirements. o An applicant may apply for a refund of the tree deposit based on certification that shows that a tree was planted as per Forestry Services’ specifications. o If the tree does not meet the specifications, the deposit will not be returned and the funds will be used to replace the tree or for tree planting programs in the neighbourhood. o If the applicant does not plant a tree, Forestry Services will use the deposit to plant a tree in the ROW in front of the subject lot.  If there is insufficient room in the ROW, Forestry Services will work with the homeowner to plant a tree on the lot.  When a tree cannot be planted in the ROW or on the lot, the deposit will be used for tree planting programs in the neighbourhood. o A tree planted in the ROW or in the neighbourhood by Forestry Services will be maintained for a period of two years by Forestry Services. o In cases where there is already a tree in the ROW of the lot, a refundable security will be collected and kept for two years to ensure that the tree survives.  If the tree does not survive, the funds will be used to plant and maintain a replacement tree. (Note that if an existing tree is not properly protected and is damaged during construction, additional fines and/or compensation under the Municipal Trees and Natural Areas By-law may be collected)”. Under Changes to submission requirements and City procedures: Final Grading Inspection Add: “In order to release the tree deposit, the certifier must also confirm that a tree was planted on site to Forestry Services’ specifications, and that all hard and soft landscape areas in the front yard have been installed as per the approved plans”. Under Changes to submission requirements and City procedures: Landscape Implementation Remove: “Once the final landscape has been installed, the developer/builder or their agent will be required to submit a letter, and accompanying summertime photo, certifying that all hard and soft landscape areas have been installed as per the approved plan and that all protected trees remain. The information will be reviewed by Planning and Growth Management and forwarded to By-law Services should there be compliance issues”. 4. The addition of one Full-Time Employee for the Forestry Services Branch as a pressure to the draft 2013 budget, in order to ensure that the amendments to the Urban Tree Conservation By-law can be implemented; 5. That section 139(x) of the proposed by-law amendment be modified to exempt the development permitted at 570, 572, 574, 576, 578 and 580 Athlone by the Committee of Adjustment’s decision of 2010 from the provisions of the proposed infill modifications. 6. a. That all building conversions to 3 units and above in Sandy Hill as defined by the Sandy Hill secondary plan be subject to Site Plan Approval as a pilot project to assess if this would assist in addressing current compatibility challenges and to ensure that the guidelines are being met, and b. that staff report back to Planning Committee on this pilot project within 3 years with recommendations. 7. a. That the City Clerk and Solicitor be directed to seek to retain a professional planning opinion with respect to the means by which front-yard parking would only be permitted in lots with a minimum width of 5.6 metres in the mature neighbourhoods of Capital Ward (namely Old Ottawa South, Old Ottawa East and the Glebe); and b. That this work, which has an estimated cost of $30,000, proceed only upon the written confirmation of the Ward Councillor for Ward 17 that his office budget will provide $15,000 of the funding for the assignment, with the balance to come from the budget of the Planning and Growth Management Department. 8. That pursuant to the Planning Act, subsection 34(17) no further notice be given. CARRIED PLANNING COMMITTEE REPORT 29 1. APPLICATION TO ALTER 150 ELGIN STREET, A PROPERTY DESIGNATED UNDER PART IV OF THE ONTARIO HERITAGE ACT DEMANDE EN VUE DE MODIFIER LE 150, RUE ELGIN, PROPRIÉTÉ DÉSIGNÉE EN VERTU DE LA PARTIE IV DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application to alter 150 Elgin Street, in accordance with designs by DCYSA Architecture and Design submitted on March 1, 2012 included as Documents 3-10; 2. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department; and 3. Issue the heritage permit with a two-year expiry date from the date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on May 29, 2012.) (Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.) CARRIED 2. APPLICATION TO ALTER 535 FAIRVIEW AVENUE, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT DEMANDE DE MODIFICATION DU 535, AVENUE FAIRVIEW, PROPRIÉTÉ DÉSIGNÉE AUX TERMES DE LA PARTIE V DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO ET SITUÉE DANS DISTRICT DE CONSERVATION DU PATRIMOINE DE ROCKCLIFFE PARK COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application to alter 535 Fairview Avenue, as per drawings submitted by Nicholas Caragianis Architect Inc. on March 6, 2012 included as Documents 3 and 4; 2. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department; and 3. Issue the heritage permit with a two-year expiry date from the date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on June 4, 2012) (Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.) CARRIED 3. APPLICATION TO ALTER 428 BUENA VISTA ROAD, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE ROCKCLIFFE PARK HERITAGE CONSERVATION DISTRICT DEMANDE DE MODIFICATION DU 428, CHEMIN BUENA VISTA, PROPRIÉTÉ DÉSIGNÉE EN VERTU DE LA PARTIE V DE LA LOI SUR LE PATRIMOINE DE L’ONTARIO ET SITUÉE DANS LE DISTRICT DE CONSERVATION DU PATRIMOINE DE ROCKCLIFFE PARK COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application to alter 428 Buena Vista Road, as per drawings submitted by Bryan Jackson on March 5, 2012; 2. Delegate authority for minor design changes to the General Manager, Planning and Growth Management Department; and 3. Issue the heritage permit with a two-year expiry date from date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on June 4, 2012) (Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.) CARRIED 4. APPLICATION TO ALTER 470 WILBROD STREET, A PROPERTY DESIGNATED UNDER PART V OF THE ONTARIO HERITAGE ACT AND LOCATED IN THE WILBROD/LAURIER HERITAGE CONSERVATION DISTRICT DEMANDE DE MODIFICATION DU 470, RUE WILBROD, PROPRIÉTÉ DÉSIGNÉE AUX TERMES DE LA PARTIE V DE LA LOI SUR LE PATRIMOINE DE L'ONTARIO ET SITUÉE DANS DISTRICT DE CONSERVATION DU PATRIMOINE WILBROD/LAURIER COMMITTEE RECOMMENDATIONS That Council: 1. Approve the application to alter 470 Wilbrod Street in accordance with the designs by Barry Padolsky Associates Inc. Architects received on March 7, 2012 and included as Documents 3-6; 2. Delegate authority for minor design change, to the General Manager, Planning and Growth Management Department; and 3. Issue the heritage permit with a two-year expiry from the date of issuance. (Note: The statutory 90-day timeline for consideration of this application under the Ontario Heritage Act will expire on June 5, 2012.) (Note: Approval to Alter this property under the Ontario Heritage Act must not be construed to meet the requirements for the issuance of a building permit.) CARRIED 5. ZONING - 468 WILBROD STREET ZONAGE – 468, RUE WILBROD COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By law 2008-250 to change the zoning of 468 Wilbrod Street from Residential Fourth Density, Subzone M, Exception 481 (R4M[481]) to Residential Fourth Density, Subzone M, Exception xxxx (R4M[xxxx]), as shown in Document 1 and detailed in Document 2. CARRIED 6. ZONING – 975 RICHMOND ROAD ZONAGE – 975, CHEMIN RICHMOND COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By-law 2008-250 to change the zoning of 975 Richmond Road from TM H(15) to TM [1373] H(15), as shown in Document 1 and detailed in Document 2. CARRIED 7. ZONING - 5649 HAZELDEAN ROAD (FORMERLY 1774 MAPLE GROVE ROAD) ZONAGE – 5649, CHEMIN HAZELDEAN (AUPARAVANT 1774, CHEMIN MAPLE GROVE) COMMITTEE RECOMMENDATION That Council approve an amendment to Zoning By law 2008-250 to change the zoning of 5649 Hazeldean Road (formerly 1774 Maple Grove Road) from Development Reserve (DR) to Residential Third Density Subzone YY Exception 1297 (R3YY[1297]) and Parks and Open Space Subzone R (O1R), and from R3YY[1297] to O1R, from O1R to R3YY[1297] and from DR to R3YY[1297]-h, as shown in Document 1 and as detailed in Document 2. CARRIED 8. OFFICIAL PLAN AMENDMENT – DELETION OF CENTRUM BOULEVARD EXTENSION MODIFICATION AU PLAN OFFICIEL – SUPPRESSION DU PROLONGEMENT DU BOULEVARD CENTRUM COMMITTEE RECOMMENDATION AS AMENDED That Council direct staff to complete the Environmental Assessment process to identify the right-of-way for the future Centrum Boulevard Extension and bring forward the construction of a pedestrian and emergency vehicle access for future budget considerations and take no further steps to amend the Official Plan in respect of Centrum Boulevard nor to construct the Centrum Boulevard Extension such as to permit motorized vehicular traffic. CARRIED 9. DEMOLITION CONTROL - 588 AND 592 RIDEAU STREET AND 165 CHARLOTTE STREET RÉGLEMENTATION DE DÉMOLITION – 588 ET 592, RUE RIDEAU ET 165, RUE CHARLOTTE COMMITTEE RECOMMENDATION That Council approve demolition of 588 and 592 Rideau Street and 165 Charlotte Street subject to the conditions contained in Document 4. CARRIED 10. 2011 CENSUS RESULTS AND RELATION TO POPULATION PROJECTIONS RÉSULTATS DU RECENSEMENT DE 2011 ET RAPPORT AVEC LES PROJECTIONS DÉMOGRAPHIQUES COMMITTEE RECOMMENDATION That Council receive this report for information purposes. RECEIVED 11. TREASURER'S STATEMENT ON DEVELOPMENT CHARGES RESERVE FUNDS FOR 2011 COMMUNICATION DE LA TRÉSORIÈRE DE LA VILLE SUR LES REDEVANCES D’AMÉNAGEMENT DE 2011 COMMITTEE RECOMMENDATION That Council receive this report for information. RECEIVED PLANNING COMMITTEE REPORT 30 1. MONAHAN STORMWATER MANAGEMENT FACILITY CONSTRUCTED WETLAND UPGRADE INSTALLATION DE GESTION DES EAUX PLUVIALES MONAHAN RÉHABILITATION DU MARAIS ARTIFICIEL COMMITTEE RECOMMENDATIONS That Council approve: 1. That the City permit the South Kanata Development Corporation to front-end the design and construction of the Monahan Stormwater Management Facility Upgrade subject to entering into a front-ending agreement with the City in accordance with the Council-approved Front Ending Policy; 2. That the City reimburse the South Kanata Development Corporation for the rehabilitation component of the works from the funds previously budgeted under the Monahan Constructed Wetland Rehabilitation capital project 905757, once these works have been accepted by the City; and, 3. That staff be directed to bring forward amendments to the Development Charge By-law to increase the area specific storm water development charge to include the balance of the development charge eligible costs associated with this upgrade. MOTION NO. 34/9 Moved by Councillor A. Hubley Seconded by Councillor P. Hume WHEREAS Planning Committee at its meeting of 8 May 2012 considered a report with respect to Monahan Stormwater Management Facility Constructed Wetland Upgrade; and WHEREAS the Ministry of the Environment expressed concern about the manner in which the Ministry’s position has been stated; and WHEREAS a letter has been issued by the City to the Ministry to clarify this matter; THEREFORE BE IT RESOLVED that the letter attached as Document 1 to this motion be appended to the report from Planning Committee so that it will form part of the official record of the consideration of this item. CARRIED Item 1 of Planning Committee Report 30, as amended by Motion No. 34/9, was then put to Council and CARRIED. 2. ZONING REVIEWS / COMMUNITY DESIGN PLAN AND SECONDARY PLAN REVIEWS RÉVISIONS DE ZONAGE / EXAMENS DU PLAN DE CONCEPTION COMMUNAUTAIRE ET DU PLAN SECONDAIRE COMMITTEE RECOMMENDATION That Council approve that funds in the amount of $500,000 be allocated from the One-time and Unforeseen account to fund the program to undertake small-scale reviews of existing zoning and to revisit a number of Community Design Plans to resolve ambiguities CARRIED TRANSIT COMMISSION REPORT 11A 1. ACCESSIBLE SHUTTLE SERVICES FOR LANSDOWNE PARK SERVICE DE NAVETTES ACCESSIBLES POUR LE PARC LANSDOWNE COMMISSION RECOMMENDATION That Council: 1. direct staff to enter into negotiations with the Ottawa Sports and Entertainment Group (“OSEG”) for an agreement between it and the City for shuttle services within the existing approved Transportation Demand Management measures for the Lansdowne Partnership Plan that would ensure a sufficient number of shuttle service vehicles would be accessible and accommodate the needs of the disabled community for events at Lansdowne and for staff to report back on the results of the negotiations at the first Transit Commission meeting in September, 2012; and 2. request that OSEG consult with the City’s Accessibility Advisory Committee on this matter as part of the negotiation process for such an agreement. CARRIED Motion to Adopt Reports MOTION NO. 34/10 Moved by Councillor P. Clark Seconded by Councillor M. Taylor That Environment Committee Report 15; Finance and Economic Development Committee Reports 18A and 20; Planning Committee Reports 28B, 29 and 30; and, Transit Commission Report 11A, be received and adopted as amended. CARRIED Motions Requiring Suspension of the Rules of Procedure MOTION NO. 34/11 Moved by Councillor P. Hume Seconded by Councillor J. Harder WHEREAS there is a pending application for site plan approval that cannot be finalized as the Ward Councillor has declared interest pursuant to the Municipal Conflict of Interest Act; THEREFORE BE IT RESOLVED that the Rules of Procedure be suspended to permit the introduction of the following motion. WHEREAS the Delegation of Authority By-law provides for a requirement of concurrence by the Ward Councillor prior to various planning approvals being given; and WHEREAS from time to time a Councillor declares interest in a matter, pursuant to the Municipal Conflict of Interest Act, and therefore cannot provide concurrence; and WHEREAS it is appropriate that an alternative means be provided for concurrence to be given; THEREFORE BE IT RESOLVED THAT: 1. Where a Councillor has declared interest pursuant to the Municipal Conflict of Interest Act, concurrence under the Delegation of Authority By-law may be given jointly by the Chair and Vice-Chair of Planning Committee or Agriculture and Rural Affairs Committee as applicable; 2. Where it is the Chair or Vice-Chair that has declared interest, the Mayor may substitute for such Chair or Vice-Chair in providing concurrence; 3. The Delegation of Authority By-law No. 2012-109 be amended accordingly CARRIED MOTION NO. 34/12 Moved by Councillor S. Blais Seconded by Councillor P. Hume That the Rules of Procedure be waived to consider the following motion to allow the Cumberland Panthers to immediately finalize the building permit for the installation of the storage container at Millennium Park in time for the upcoming football season: WHEREAS the Cumberland Panthers Football Club has applied for a building permit to install a 20 by 8 ft storage container as a fixed asset at the City’s Millennium Park located at 500 Millennium Boulevard, in support of recreation activities on those City-owned lands and that municipal development charges are applicable to the project; and   WHEREAS the structure will be used for storage at the City-owned sport fields;   THEREFORE BE IT RESOLVED that Council approve that the City enter into a 20 year deferral agreement without interest for the municipal development charges related to the installation of the storage facility at 500 Millennium Boulevard by the Cumberland Panthers Football Club and that the development charges be waived if the storage facility is removed prior to the termination of the agreement.  MOTION NO. 34/13 Moved by Councillor E. El-Chanitry Seconded by Councillor J. Harder That Motion No. 34/12 be referred to Planning Committee for consideration. WITHDRAWN Motion No. 34/12 was then put to Council and CARRIED with Councillors J. Harder and E. El-Chantiry dissenting. Notices of Motion (For Consideration at Subsequent Meeting) MOTION Moved by Councillor S. Blais Seconded by Councillor M. Wilkinson WHEREAS an extension to Brian Coburn Boulevard, including an intersection with Mer Bleue Road is nearing completion of construction; and WHEREAS to open a road a by-law is required; and WHEREAS the reference plan to permit a legal description for the by-law is anticipated to be available prior to the next meeting of Council; and WHEREAS the Municipal Act permits the delegation of the authority to enact certain by-laws; THEREFORE BE IT RESOLVED that the authority to enact a by-law opening that portion of Brian Coburn Boulevard between Mer Bleue Road and Tenth Line Road be delegated to a Committee composed of the Chair, Transportation Committee and Councillor Blais and the Deputy City Manager, Infrastructure Services and Community Sustainability; and BE IT FURTHER RESOLVED that the Committee will meet at the call of the Chair, Transportation Committee and notice of the meeting to approve the by-law be placed upon the City’s website a minimum of six hours before the meeting is to take place. Motion to Introduce By-laws Three Readings MOTION NO. 34/14 Moved by Councillor P. Clark Seconded by Councillor M. Taylor That the following by-laws be enacted and passed: 2012-138 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Pullman Avenue). 2012-139 A by-law of the City of Ottawa to impose special annual drainage rates upon lands in respect of which money is borrowed under the Tile Drainage Act. 2012-140 A by-law of the City of Ottawa to amend By-law No. 2004-60 to appoint Municipal Law Enforcement Officers in accordance with private property parking enforcement. 2012-141 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume it for public use (Prestige Circle). 2012-142 A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use. 2012-143 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 known municipally as part of 4120 8th Line Road. 2012-144 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa and to amend By-law No. 266 of 1981 of the former Township of West Carleton to change the zoning for the properties known municipally as 3711, 3715, 3719 and 3725 Carp Road. 2012-145 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 known municipally as 5649 Hazeldean Road. 2012-146 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 known municipally as 468 Wilbrod Street. 2012-147 A by-law of the City of Ottawa to amend By-law No. 2008-250 of the City of Ottawa to provide regulations for the control of low-rise residential infill development in mature neighbourhoods. 2012-148 A by-law of the City of Ottawa to designate certain lands at 109, 111, 113 and 115 Claridge Drive, 12, 14, 16 and 18 Gentian Heights, 100, 102, 122, 124, 134 and 136 Watershield Ridge and 208 and 210 Springbeauty Avenue as being exempt from Part Lot Control. 2012-149 A by-law of the City of Ottawa to designate certain lands at 199, 201, 203 and 205 Brambling Way, 2441 to 2500 Regatta Avenue and 515, 517, 519, 521, 523, 525, 527 and 529 Egret Way as being exempt from Part Lot Control. 2012-150 A by-law of the City of Ottawa to amend By-law No. 2001-17 to appoint certain Inspectors, Property Standards Officers and Municipal Law Enforcement Officers in the Building Code Services Branch of the Planning and Growth Management Department. CARRIED Confirmation By-law MOTION NO. 34/15 Moved by Councillor P. Clark Seconded by Councillor M. Taylor THAT By-law 2012-151 to confirm the proceedings of Council be enacted and passed. CARRIED Adjournment Council adjourned the meeting at 11:40 a.m. DEPUTY CITY CLERK MAYOR 49 OTTAWA CITY COUNCIL MINUTES 34 9 MAY 2012